Could an ATV be driven on a South Carolina public highway under the rules reviewed in 2006?

Plain-English summary

A Beaufort County sheriff asked about enforcing highway rules against all terrain vehicles. The Attorney General concluded in 2006 that an ATV fell within the statutory definition of a motor vehicle for the rules he examined. Its driver needed a driver's license, the vehicle needed the required highway equipment, and it had to be registered and licensed to operate on a public highway.

The opinion reported that the Department of Public Safety did not register or license ATVs because they were not designed as road vehicles. On that understanding, the AG said ATVs could not be driven on South Carolina public highways. The opinion concerned public highways; it did not decide rules for off-road use.

Currency note

This opinion was issued in 2006. 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 the opinion classify an ATV as a motor vehicle?
Yes. The AG applied the statutory definitions of self-propelled motor vehicles in the licensing, equipment, and registration provisions to ATVs.

Was a driver's license required to operate an ATV on a public highway?
The opinion said the motor vehicle driver licensing requirement applied, and it identified driving without a license as a misdemeanor under the cited statute.

Would adding lights and brakes alone make highway driving permissible?
The opinion identified required equipment as one condition, and also said the ATV had to be registered and licensed. It reported that the state agency did not provide that registration or licensing for ATVs.

Background and statutory framework

The AG examined separate provisions governing drivers' licenses, highway equipment, and vehicle registration. He treated the ATV as a motor vehicle under each definition and explained the consequences of operating one on a public highway without satisfying those requirements.

Citations and references

• § 56-1-20: driver's license requirement discussed in the opinion.
• § 56-1-440: offense for highway driving without the required driver's license.
• § 56-5-4410: highway vehicle equipment requirement.
• § 56-3- 110: registration and licensing requirement as printed in the extracted text.

Official title

Questioning enforcement authority to all-terrain vehicles (ATVs).

Requester

The Honorable P.J. Tanner, Sheriff, Beaufort County

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-5-2006/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/jan5-06-Tanner.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsTER
ATfORNEV GENER.AL

January 5, 2006

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The Honorable P. J. Tanner
Sheriff, Beaufort County
Post Office Box 1758
Beaufort, South Carolina 2990 I
Dear Sheriff Tanner:
In a letter to this office you questioned your enforcement authority as to all-terrain vehicles (ATVs).

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Pursuant to S.C. Code Ann.§ 56-1-20 (1991), no person may drive a motor vehicle on the roadways of this State unless he or she is properly licensed or excepted by Section 56-1 -30. Such requirement would in my opinion apply to drivers of ATV's. For purposes of Section 56-1-20, pursuant to S. C. Code Ann. § 56-1-10(7) (Supp. 2005), the term "motor vehicle" is defined as "every vehicle which is self-propelled, except 'moped' as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails." Therefore, an ATV would be construed to be a motor vehicle within such definition. S.C. Code Ann.§ 56-1-440 states that an individual who drives a motor vehicle on a public highway without a driver's license in violation of Section 56-1-20 is guilty of a misdemeanor. S. C. Code Ann. § 56-5-4410 (1991) prohibits any person from driving any motor vehicle on a highway of this State which does not have the proper equipment required by various other code provisions, such as proper brakes, lights, horns, mirrors, tires, mufflers, etc. See, for example, S.C. Code Ann. §§ 56-5-4850 through 56-5-4900; 56-5-4450; 56-5-4950; 56-5-4990; 56-5-5040; and 56-5-5020. Therefore, unless the vehicle is properly equipped as statutorily required, it may not be operated on the highways. Such requirements would also apply to ATV's inasmuch as S.C. Code Ann. § 56-5-130 (J 991) similarly defines "motor vehicle" for purposes of Section 56-5-4410 as "every vehicle which is self-propeUed, except mopeds, and every vehicle which is propelled by electric power obtained by overhead trolley wires, but not operated upon rails... " For any vehicle to be operated on the highways of this State, it must be properly registered and licensed as required by S.C. Code Ann. § 56-3- 110 (1991). Such provision states:

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POSTOfFICE Box 11549 • COUJMBIA. S.C. 29211-1549 • TEl..EPHONE: 803-734-3970 • FACSIMn.E: 803-253-6283

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The Honorable P. J. Tanner
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January 5, 2006

Every motor vehicle ... driven, operated or moved upon a highway in this State shall be registered and licensed in accordance with the provisions of this chapter. It shall be a misdemeanor for any person to drive, operate or move upon a highway... any such vehicle which is not registered and licensed and the required fee paid as provided for in this chapter.

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The term "motor vehicle" is defined by S.C. Code Ann. § 56-3-20 (Supp. 2004) for purposes of Section 56-3-110 as "every vehicle which is self-propelled, except mopeds, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails." Such definition would, in my opinion, include A TV's. It is my understanding that the State Department of Public Safety will not register or license A TV's. Without such registration and licensing, ATV's cannot be operated on public highways of this State. It is my information that such registration and licensing are denied because it has been determined that A TV's are not designed to be road vehicles. Hopefully these provisions will be helpful to you in your attempts to deal with ATV's being driven on public highways. If there are any questions, please advise. Sincerely,

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Charles H. Richardson
Senior Assistant Attorney General

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REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General