When someone operates an ATV on a Georgia highway, do the Uniform Rules of the Road apply despite the ATV's off-road design?

Plain-English summary

The Georgia Department of Public Safety asked how to charge traffic-law violations involving all-terrain vehicles on Georgia roadways. The AG concluded that ATVs operating on the state's highways are governed by the Uniform Rules of the Road in Chapter 6 of Title 40. Operators should be charged under that chapter when a violation occurs.

The opinion begins with O.C.G.A. § 40-6-3(a), which makes the Uniform Rules of the Road generally apply to vehicle operation on highways. Some of those rules refer to a “vehicle” and others to a “motor vehicle.” Under O.C.G.A. § 40-1-1(75), a vehicle is a device that can transport a person or property on a highway, excluding devices used exclusively on stationary rails or tracks. Subsection (33) defines a motor vehicle as a self-propelled vehicle other than an electric personal assistive mobility device.

An ATV is separately defined in O.C.G.A. § 40-1-1(3) as a motorized vehicle designed for off-road use with three or more low-pressure tires, a straddle seat, and handlebars. The AG read that description as a specific kind of vehicle within the broader definitions. Its off-road design did not remove an ATV from the Chapter 6 rules when it was operated on a highway.

The location matters. The quoted definition of “highway” covers the entire width of a publicly maintained way when any part is open to public vehicular traffic. “Roadway” refers more narrowly to the improved or ordinarily traveled part of a highway and excludes the berm or shoulder. The opinion's holding uses highway, not only the narrower roadway.

Currency note

This opinion was issued in 2007 and applies the statutory definitions then in force. Check the current text of O.C.G.A. §§ 40-1-1 and 40-6-3 before applying it to a present-day incident.

Common questions

Q: Does an ATV's off-road design exempt it from Georgia's Uniform Rules of the Road?
A: No. The AG treated ATVs as vehicles and motor vehicles under O.C.G.A. § 40-1-1. When an ATV is operated on a Georgia highway, Chapter 6 applies, and an operator should be charged if a Chapter 6 rule is violated.

Q: Does “highway” mean only the paved traffic lane?
A: The opinion quotes a broader definition: the entire width between the boundary lines of a publicly maintained way open in part to public vehicular traffic. It separately defines “roadway” as the improved or ordinarily used portion, excluding the berm or shoulder.

Q: Does this opinion decide whether an ATV may be registered or lawfully operated on a road?
A: It does not address registration or give general permission to operate an ATV on a highway. It answers which traffic rules govern an ATV that is operating there.

Q: Does it resolve licensing, helmets, or equipment requirements?
A: No. The opinion addresses application of Chapter 6, the Uniform Rules of the Road. It does not analyze driver licensing, helmets, or the vehicle-equipment rules in another chapter.

Q: What about ATV use away from a highway?
A: The opinion's holding is limited to operation on Georgia highways. It does not resolve which rules govern ATV operation elsewhere.

Background and statutory framework

O.C.G.A. § 40-6-3(a) is the starting point for the AG's analysis. The AG then applies the broad “vehicle” and “motor vehicle” definitions in § 40-1-1 to the specific ATV definition in the same section. Because ATVs fall within the broader terms, Chapter 6 governs them on highways. The opinion does not identify any particular Chapter 6 violation or analyze other Title 40 chapters.

Citations and references

Statutes: O.C.G.A. § 40-1-1(3), (19), (33), (53), (75); § 40-6-3(a).

Source

• Landing page: https://law.georgia.gov/opinions/2007-3
• Original PDF: not linked from landing page

Original opinion text

You have requested my opinion regarding the proper way to charge violations of the traffic laws in regard to all-terrain vehicles (ATVs) operating on the roadways of the State of Georgia. The Uniform Rules of the Road, codified in Chapter 6 of Title 40 of the Georgia Code, generally apply to and govern the "operation of vehicles on [the] highways" of the state. O.C.G.A. § 40-6-3(a). Throughout the Uniform Rules of the Road, specific provisions prohibit certain conduct in the operation of a "vehicle" or, in some more specific cases, in the operation of a "motor vehicle." "Vehicle" is defined as "every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks." O.C.G.A. § 40-1-1(75)(Supp. 2006). "Motor vehicle" is defined as "every vehicle which is self-propelled other than an electric personal assistive mobility device (EPAMD)." O.C.G.A. § 40-1-1(33)(Supp. 2006). "All-terrain vehicle" is defined as "any motorized vehicle designed for off-road use which is equipped with three or more low pressure tires and with a seat to be straddled by the operator and with handlebars for steering control." O.C.G.A. § 40-1-1(3)(Supp. 2006). It is thus clear that ATVs are vehicles that are covered by the provisions of the Uniform Rules of the Road. The definitions of both "vehicle" and "motor vehicle" contained in O.C.G.A. § 40-1-1(Supp. 2006) are broad definitions and include "all-terrain vehicles," which are simply a particular kind of vehicle. Furthermore, as noted above, O.C.G.A. § 40-6-3 provides that the Uniform Rules of the Road apply to the use of "vehicles on [the] highways" of the state. The term "highway" is defined in O.C.G.A. § 40-1-1(19)(Supp. 2006) as "the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic." The term "roadway" is more narrowly defined as "that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder." O.C.G.A. § 40-1-1(53)(Supp. 2006). Therefore, it is my official opinion that state law provides that all-terrain vehicles operating on the highways of the State of Georgia are governed by the Uniform Rules of the Road as set forth in Chapter 6 of Title 40 of the Georgia Code and operators of those vehicles should be charged accordingly when a violation of that Chapter occurs. Prepared by: JOSEPH DROLET Senior Assistant Attorney General