Could a Louisiana farmer use a Mule or similar off-road vehicle on a public road?

Plain-English summary

In 2005, the Louisiana Attorney General concluded that an off-road utility vehicle such as a Kawasaki Mule, Polaris Ranger, or Yamaha Rhino could be treated as farm equipment after a proper farm-use application was filed with the Office of Motor Vehicles. The classification carried the same legal restrictions as other farm equipment; it did not authorize general highway driving.

The opinion quoted a narrow road-shoulder allowance for farm-related activities. Under the statute as quoted then, travel was limited to shoulders of non-interstate public roads within five miles of the farm, during specified daylight hours, with a Class E driver's license and the required farm-registration proof or sworn affidavit. Incidental road crossings were allowed. The AG addressed farm use, not recreation or access to public lands generally.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did farm-use status make a Mule or Ranger a regular road vehicle? A: No. The AG treated it as farm equipment subject to the quoted off-road limits, with only narrow shoulder travel and incidental crossing allowed for farm activities.

What application did the opinion describe?
A: The Office of Motor Vehicles required a farm-use statement identifying a bona fide farmer, the vehicle's primary farm use, and the farm's location.

Where did the 2005 shoulder exception apply?
A: The quoted statute allowed farm-related travel on non-interstate road shoulders within a five-mile radius of the farm, during the stated daylight period and with license and proof requirements.

Background and statutory framework

Senator Robert Marionneaux asked about utility vehicles farmers used in daily operations. The AG discussed LSA-R.S. 47:301(17)'s off-road-vehicle definition and the Office of Motor Vehicles' farm-use statement. It quoted Louisiana Revised Statutes 32:299, which allowed shoulder travel “solely for the purposes of farm-related activities within a five-mile radius of a farmer’s farm” and only with the other conditions listed in the statute. The opinion concluded that a properly designated farm-use vehicle was farm equipment “subject to the same exemptions, exclusions, restrictions and limitations set forth by law.”

Citations

• LSA-R.S. 47:301(17) (off-road-vehicle definition quoted in the opinion).
• Louisiana Revised Statutes 32:299 (farm-related road-shoulder exception quoted in the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0025

Original opinion text

March 18, 2005
OPINION NUMBER 05-0025

70 – Motor vehicles
Honorable Robert M. Marionneaux, Jr. When a properly executed application is filed designating off-
State Senator
road vehicles such as the Kawasaki Mule, Polaris Ranger
District 17
and Yamaha Rhino, for farm use with the Louisiana Office of
Motor Vehicles, these vehicles are considered farm
P.O. Box 577
equipment, subject to the same exemptions, exclusions,
Livonia, Louisiana 70755
restrictions and limitations set forth by law.

Dear Senator Marionneaux:

We are in receipt of your opinion request wherein you asked whether the use of alternating vehicles, such as the Kawasaki Mule, Polaris Ranger, or Yamaha Rhino, qualify as farm equipment so as to allow highway use in and around a farm. You point out that many farmers are now beginning to use these vehicles in their day-to-day operation.

Although your opinion request asks about “alternating” vehicles, we assume you mean “off-road vehicles” as defined by LSA-R.S. 47:301(17) which sets forth as follow:

(17) “Off-road vehicle” is any vehicle manufactured for off road use which is issued a manufacturer’s statement of origin that cannot be issued a registration certificate and license to operate on the public roads of this state because at the time of manufacture the vehicle does not meet the safety requirements prescribed by R.S. 32:1301 through 32:1310. This includes vehicles that are issued a title only by the Vehicle Registration Bureau, Department of Pubic Safety and Corrections, such as all terrain vehicles and recreational and sport vehicles, but it does not include off road vehicles used for farm purposes, farm equipment, or heavy construction equipment. (Emphasis Added).

The Kawasaki Utility Vehicle, commonly known as “Mule,” the Polaris Ranger and the Yamaha Rhino, specifically named above are off-road vehicles manufactured and intended for industrial, agriculture and utility applications. (See, Louisiana OMV Policy & Procedure Public Manual, Section IV, No. 82.00). These vehicles are not for recreational use or for use on public lands. LSA-R.S. 301(17). If the intended use of an “off-road vehicle” is for farming purposes, the Louisiana Office of Motor Vehicles requires a “farm use statement” declaring a person to be a bona-fide farmer in the business of farming, and that the vehicle described is used primarily, but not

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exclusively, for hauling produce raised on one’s farm, and the location of such farm. Like farm equipment and farm implements, off-road vehicles are prohibited from use on public lands. However, when such vehicles are used solely for farm-related activities, limited access to public lands are authorized.

Pursuant to Louisiana Revised Statutes 32:299:

A(1) Off-road vehicles, including but not limited to three-wheelers, four- wheelers, or other all-terrain vehicles which are not specifically designated for road use may travel on the shoulders of all public roads and highways except interstate highways in the manner provided for in this Section solely for the purposes of farm-related activities within a five-mile radius of a farmer’s farm, provided that the operator possesses a valid Class “E” driver’s license. The owner or operator of the off-road vehicle shall carry a copy of the motor vehicle registration, upon his person or on the off-road vehicle, to prove he owns at least one motor vehicle which is registered as a vehicle engaged in the business of actual farming under the provisions of LSA-R.S. 47:462. As an alternative to the ownership of the motor vehicle, the operator of the off-road vehicle may carry a sworn affidavit attesting that he is engaged in the business of actual farming under the provisions of LSA-R.S. 47:462….

(2) Off-road vehicles may travel on the shoulders of all public roads or highways, except interstate highways, during each day starting thirty minutes after sunrise and ending thirty minutes before sunset. Incidental crossing of public roads or highways shall be authorized.

It stands to reason that when a properly executed application is filed designating an off- road vehicle for farm use with the Louisiana Office of Motor Vehicles, such vehicle is considered farm equipment, subject to the same exemptions, exclusions, restrictions and limitations set forth by law.

We hope this opinion has sufficiently addressed your concerns. If our office may be of further assistance, please do not hesitate to contact us.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: _________
Charlene Patterson
Assistant Attorney General

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OPINION 05-0025

LSA-R.S. 47:301(17)

70 – Motor vehicles

When a properly executed application is filed designating off-road vehicles such as the Kawasaki Mule, Polaris Ranger and Yamaha Rhino, for farm use with the Louisiana Office of Motor Vehicles, these vehicles are considered farm equipment, subject to the same exemptions, exclusions, restrictions and limitations set forth by law.

Honorable Robert M. Marionneaux, Jr.
State Senator
District 17
P.O. Box 577
Livonia, Louisiana 70755

Date received:
Date released: March 18, 2005

Charlene Patterson
Assistant Attorney General