Could an ATV be driven on a South Carolina public highway in 2004?

Plain-English summary

A legislator asked whether all-terrain vehicles could be operated on South Carolina public highways. The Attorney General treated an ATV as a motor vehicle for driver licensing, road-equipment and registration provisions. It said the Department of Public Safety did not register or license ATVs at the time because they were not designed as road vehicles. Since highway operation required registration and licensing, the opinion concluded that ATVs could not be driven on public highways under the 2004 rules.

Currency note

This opinion was issued in 2004. 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

Q: Was an ATV outside the motor-vehicle definition?
A: The AG said its self-propelled design brought it within the definitions used for the cited licensing and equipment rules.

Q: Would a driver's license alone have made highway riding lawful?
A: No. The opinion also required proper vehicle equipment and registration, which the state did not then provide for ATVs.

Q: Did the opinion address insurance?
A: It said vehicles required to be registered also needed liability insurance, while recognizing that ATVs were not being registered or licensed.

Background and statutory framework

The letter applied Section 56-1-20 on driver licensing, Section 56-5-4410 on highway equipment and Section 56-3-110 on vehicle registration. Its conclusion rested on the registration barrier identified by the AG for ATVs in 2004.

Citations

• Section 56-1-20
• Section 56-5-4410
• Section 56-3-110

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-28-2004-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04june28rice.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsTER
ATIDRNEY GENERAL

June 28, 2004
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The Honorable Rex F. Rice
Member, House of Representatives
P. 0. Box 1706
Easley, South Carolina 29641

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Dear Representative Rice:
In a letter to this office you questioned the legality of operating an all terrain vehicle (ATV) on public highways in this State.

Pursuant to S.C. Code Ann. Section 56-1-20 ( 1991 ), no person may drive a motor vehicle on the roadways of this State unless he or she is properly licensed. Such requirement would apply to drivers of A TV's. For purposes of Section 56-1-20, pursuant to S.C. Code Ann. Section 56-110(7) (Supp. 2003), 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." An ATV would be construed to be a motor vehicle within such definition. S.C. Code Ann. Section 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. Sections 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. Section 56-5-130 (1991) similarly defines "motor vehicle" for purposes of Section 56-5-4410 as "every vehicle which is self-propelled, 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. Section 56-3-110 (1991). Such provision states: 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

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REMBERT G. DENNIS BUIWING • Posr OFFICE Box 11549 •
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COLUMBIA, S.C. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE: 803-253-6283

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The Honorable Rex F. Rice
Page2
June 28, 2004

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. Section 56-3-20 (Supp. 2003) 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 theoretically include ATV's. However, it is my understanding that the State Department of Public Safety will not register or license ATV'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. There is also the requirement ofS.C. Code Ann. Sections 56-10-10 et seq. (Supp. 2003) that liability insurance be maintained for motor vehicles required to be registered. Therefore, if a vehicle, such as an ATV would be registered and licensed, liability insurance must be maintained.

If there are any questions, please advise.
Sincerely,

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Charles H. Richardson
Senior Assistant Attorney General
cc:

Dr. Frank Chesno

REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General