ATV on public road right-of-way?

[DYI hunting]

Can you legally drive an ATV on the edge of a public road? I was driving my ATV down the edge of a county road to my pasture and had a cop flash his lights when driving by (blue lights). The thing is, he didn't stop. So I am left wondering, is it illegal or not? I was not on pavement, I was about 3 foot from the edge of the road. Didn't make sence to me why he would flash and not stop. Maybe he had something more important to do, but still wanted to signal me I was doing something wrong?

So what is the word, illegal or not?

 

[beginnersluck]

My wife and I were taking a leisurely ride on some dirt roads behind my house and I had a lady cop stop to inform me that you couldn't ride them on county roads. She then said as long as nobody complained and if we were not cutting up (and she could tell that we weren't), that nobody would care. I just looked at her and said ok, and drove off. Surely she had something better to do than tell me I'm breaking the law and then say it's ok! At least I didn't go to jail!!

 

[CAL]

Had a GSP officer check this out.Put a triangle slow moving vehicle sign on your machine and it is recognized as a tractor or off road vehicle.You can then drive it on the highway if so desired.It becomes legal.I drive my Kubota every where except on the interstate.It is legal there,I am just scared!

 

[Woody]

I drive my Kubota every where except on the interstate.It is legal there,I am just scared!

If a Kubota passes me on I-285 ------ I'm gettin off at the next ramp.

 

[Coastie]

I believe they are illegal to ride on any public road. Riding on the edge of the road, or the right of way, may be different but if the Police get a complaint they probably wouldn't make much of a distinction.
If you carry liability insurance on your ATV and if there is a way to register it, you might posibly have an valid argument
but I don't know of many people that do that. ATVs are very unstable when transitioning from dirt to pavement or from pavement to dirt and don't really handle that well when they are on pavement, they are called All Terrain Vehicles, but that usually is meant to mean hills and dirt and stuff, not GA 400 or I85.

 

[Twenty five ought six]

It is illegal to operate an ATV on a roadway in Georgia. The roadway includes the ROW and shoulders.

Regardless of what your cousin's buddy heard at the local garage, this is the way that it is. Like all laws, whether it is enforced at a particular moment by a particular law enforcement officer is up to that officer's discretion.

If you do a Google search on "ATV Georgia Public Roads", you will find several hundred references that support this statement, from various segments of the ATV community.

For those who won't do the search, and want to rely on their cousin's friends hearsay, here is one High Sheriff who diagrees:

ATV's On Roadway Illegal
“Is operating an All-Terrain Vehicle (ATV) on Effingham County roadways legal?”

Answer: NO

ATV’s have increased in Effingham County and as they have increased so has the misconception that operating them on a public roadway is legal. This is false. It is illegal to operate any ATV, which is an “off-road vehicle”, golf cart, go-cart or mini bike on county roadways. Effingham County Ordinance Sec. 74-7 addresses Off-road vehicles.

The ordinance defines an "off-road vehicle" as any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain and not intended for use predominately on public roads, and any other vehicle defined as an off-road vehicle by O.C.G.A. § 40-7-3, and includes, but is not limited to, four-wheel drive or low-pressure tire vehicles, two-wheel drive vehicles, amphibious machines, ground effect or air cushion vehicles, and any other means of transportation deriving power from any source other than muscle or wind, except that such term shall exclude any motorboat; any military, fire, or law enforcement vehicle; any vehicles used exclusively on airports; all farm machinery, farm tractors, and other self-propelled equipment for harvesting and transportation of forest products, for clearing land for planting for utility services and maintenance, for each moving, construction, or mining; and self-propelled lawnmowers, snow blowers, garden or lawn tractors, or golf carts, while such vehicles are being used exclusively for their designed purposes.

(b) Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this section and shall be punishable as provided by section 1-19 of this Code:
(1) Without operative brakes or without mufflers or other silencing equipment;
(2) On any public property, including, but not limited to, any road or right-of-way under the possession or control of Effingham County, except property designated by the board of commissioners for use by off-road vehicles;
(3) On any private property without the express written permission of the owner of the property or his agent, proof of which shall be in the immediate possession of the operator of an off-road vehicle at all times when operating such vehicle and which shall be displayed upon demand of any law enforcement officer;
(4) On any private property in any zoning district other than an AR-1 or AR-2 zoning district, except the property of the operator or his or her immediate family.


Often citizens misunderstand the code as saying golf carts are excluded. This is not the case. The code expressly states "when the golf cart is used for its intended purpose." That means moving golfers from one area of a golf course to another; not for personal transportation.

In conclusion, please be aware injuries are also on the rise as a direct result of children operating ATV's and golf carts on roadways. Both machines are labeled by the manufacturer as to the age of operators. Failure to comply to these warnings when a child is injured may be grounds for criminal prosecution for reckless conduct Georgia Criminal Code 16-5-60(B) which says (b) A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.

I hope this information is helpful to our citizens. Our goal is to prevent any crashes or injuries on Effingham County roads involving these type of vehicles. Have a safe and enjoyable summer.

While the High Sheriff refers to a local ordinance, the ordinance tracks state law.

You might also want to refer to O.C.G.A. Sec. 40-2-20. (Official Code of Georgia).

 

[JR]

If a Kubota passes me on I-285 ------ I'm gettin off at the next ramp.

I second that Woody!

 

[leroy]

I believe they are illegal to ride on any public road. Riding on the edge of the road, or the right of way, may be different but if the Police get a complaint they probably wouldn't make much of a distinction.
If you carry liability insurance on your ATV and if there is a way to register it, you might posibly have an valid argument
but I don't know of many people that do that. ATVs are very unstable when transitioning from dirt to pavement or from pavement to dirt and don't really handle that well when they are on pavement, they are called All Terrain Vehicles, but that usually is meant to mean hills and dirt and stuff, not GA 400 or I85.

That is what a GSP told my father-in-law insurance, tag, lights to make it legal he was out checking cows and was 200 yards from home when a GSP stopped him threatened to tow his 4 wheeler.

 

[DYI hunting]

I use my ATV as a farm vehicle and to keep a check on my property. I use it to haul about everything for the fence, garden, and to harvest crops. I have a trailer I tow quite often.

The only decent access for my pasture is down the road about 200 yards. I have a tractor I know I am completely legal with, but the ATV, I am still unsure of.

I does have headlights and brake lights on it. If I put a slow-moving vehicle sign on it, would it be legal? It isn't like I am flying down the road joy riding, I am farming and keeping watch on my field.

 

[Jack Flynn]

Alright here's the take on em and public roads straight from dnr. They have to carry collision insurance and must be tagged for the county they reside in. Now tagging them requires way to much to make it worth the hassle. DNR and GSP said turn signals, brake lights, a helmet always! Also if if you are hunting say going to and from your stand on a right of way "like at tuckahoe" the gun has to be unloaded, none in the magazine and out of sight????? Go figure. I guess it is against the law to show/brandish= confused..... in public. This info came from tuckahoe if anyone wants to know. It was a mess that year. Not even worth having one with all that ahssle.

 

[DYI hunting]

I did some searching online and it looks like an ATV is not considered a farm vehicle and therefore cannot be used on roads even with the slow-moving vehicle sign.

Now second question. My pasture fence runs all the way up the the edge of the road right of way, which is 30 foot from the yellow line. If I am riding the fence line on my property that is part of the road right-of-way, is this illegal also? I have to do that sometimes to check the fence.

 

[Randy]

Now second question. My pasture fence runs all the way up the the edge of the road right of way, which is 30 foot from the yellow line. If I am riding the fence line on my property that is part of the road right-of-way, is this illegal also? I have to do that sometimes to check the fence.

I think and hope you are worrying just a little too much. If you stay well off the road, even if you are technically still on the ROW, and if you are not causing trouble, I would hope the worst you would get from LEO is a talking to (at least the first time anyway).

 

[Twenty five ought six]

If I am riding the fence line on my property that is part of the road right-of-way,

Can't happen, unless you have granted a non-deeded easement, which is unlikely for a public road.

If its your property you can ride on it (assuming its not within the easement).

If its right of way, you can't ride on it (legally).

 

[the HEED!]

Ive ridden from Powelton in Hancock to Crawfordville in Taliaferro county on county dirt roads on a 4 wheeler then almost through Crawfordville on the side of the road and never been stopped

 

[Randy]

Ive ridden from Powelton in Hancock to Crawfordville in Taliaferro county on county dirt roads on a 4 wheeler then almost through Crawfordville on the side of the road and never been stopped

Cause twenty five ought six does not work in your area.

 

[Snakeman]

Ive ridden from Powelton in Hancock to Crawfordville in Taliaferro county on county dirt roads on a 4 wheeler then almost through Crawfordville on the side of the road and never been stopped

Just because you haven't been caught, doesn't make it legal.

The Snakeman

 

[Meriwether Mike]

The LEO do not worry about the four wheelers running the roads in Heard County. They used the dirt roads through my old lease as a race track.

 

[CAL]

Believe who you want and what you want.Doesn't matter to me either way.My friend is a Captain with the GSP.The slow moving vehicle sign works as I said.It works for tractors,no tag and no insurance.I certainly wouldn't be doing something illegal and wouldn't under any circumstances post something here that wasn't legal and would get someone in trouble.

We had a situation where some young folks were caught crossing 520 with their 4 wheelers.They were arrested,their 4 wheelers towed and stored.Big to do about the whole situation.After investigated found that the slow moving vehicle sign would have kept all this from happening.

 

[REMINGTON710]

ILLEAGLE

But weather you get in trouble all depends on your aditude. I have had cay things to me about riding in the yard then I was going to do some spraying at the church bout 1/2 mile away and 2 drove past and one said be careful over the pa. By the way I don't think that it hurt that the cows that my grand father has the police officers wife loves 'em

Be nice to them and they will be nice to you

 

[Nicodemus]

Down here in this part of the country I live in, if you have a slow movin` vehicle triangle on your rig, you`re gonna be alright.