I have an ATV or UTV registered in another state. Can I drive it on Virginia roads when I visit?

Subject

Whether registration in another state allows an ATV or utility task vehicle to use a Virginia public highway.

Plain-English summary

Virginia Attorney General Jason Miyares concluded that out-of-state registration does not decide whether an ATV or utility task vehicle (UTV) may be driven on a Virginia highway. The answer depends on how Virginia law classifies the vehicle and what highway use that classification permits.

For an all-terrain vehicle, Virginia Code § 46.2-915.1 prohibits public-highway operation unless a specifically enumerated exception applies. The opinion says registration and titling in another state is not one of those exceptions. It does not list the exceptions or decide whether a particular ride qualifies for one.

The Code does not separately define “utility task vehicle.” A UTV might qualify as a “utility vehicle,” as an ATV, or only as a general motor vehicle. The opinion says a utility vehicle may use a public highway only where a locality has adopted an ordinance designating portions of the highway for that use. A UTV classified as an ATV follows the ATV restrictions. A UTV that fits no more specific class must meet generally applicable motor vehicle requirements. The AG lacked enough information to classify any particular UTV model.

What this means for you

If you own or drive an ATV

Your home-state registration does not grant permission to drive on a Virginia public highway. The opinion says you need a specific statutory exception under § 46.2-915.1. Check the current statute for the exceptions; this opinion does not enumerate them.

If you own or drive a UTV

Find out which Virginia vehicle classification fits your model before assuming you can use a highway. If it meets the “utility vehicle” definition, the opinion says highway use requires a local ordinance designating that road segment. If it meets the ATV definition, the ATV rules apply. If it falls only under the general motor vehicle category, it must satisfy the ordinary highway requirements described in the opinion, including title, registration, insurance, inspection, and a licensed driver.

If you enforce traffic rules or advise a locality

The AG's analysis begins with vehicle classification. Out-of-state registration does not change the class or make otherwise unlawful road use lawful. The local ordinance discussion concerns vehicles classified as utility vehicles. The opinion does not say such an ordinance can authorize highway use by an ATV.

Common questions

Q: Does an out-of-state registration card make my ATV street legal in Virginia?
A: No. The opinion says an ATV may use a public highway only if a specifically enumerated statutory exception applies, and registration elsewhere is not one of them.

Q: Does Virginia treat every UTV as an ATV?
A: No. The Code does not separately define UTVs, and a particular model might fit the ATV, utility vehicle, or general motor vehicle category. The AG did not classify a specific model.

Q: Can a locality let utility vehicles use a road?
A: The opinion says a utility vehicle may be driven on a highway if the locality has adopted an ordinance designating portions of that highway for such use. That discussion is about utility vehicles, not ATVs.

Background and statutory framework

The opinion explains that ATVs and UTVs qualify as motor vehicles in a broad sense, but more specific classes can carry different rules. It describes an ATV as motor-powered, having at least three wheels, and manufactured for off-highway use. Although ATVs are exempt from several ordinary motor vehicle requirements, their operation on public highways is restricted. The conclusion expressly applies Code § 46.2-915.1 and leaves its particular exceptions unstated.

The opinion describes a utility vehicle as motor-powered, intended for off-road use, and used for general maintenance, security, agricultural, or horticultural purposes. It says highway use of that class requires a local ordinance designating road segments. A UTV may instead fit the ATV class or only the general motor vehicle class; the rules follow the classification. The AG concludes that another state's registration cannot legalize operation Virginia law otherwise prohibits.

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2023/23-004-Craddock-issued.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

COMMONWEALTH OF VIRGINIA

Office of the Attorney General

Jason S. Miyares
Attorney General
202 North Ninth Street
Richmond, Virginia 23219
804-786-2071
Fax 804-786-1991
Virginia Relay Services
800-828-1120
7-1-1

March 20, 2023

The Honorable Lloyd T.N. Craddock
Sheriff, Craig County
Post Office Box 266
New Castle, Virginia 24127

Dear Sheriff Craddock:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You ask whether an "all-terrain vehicle" or "utility task vehicle" that is registered in another state may be operated on the public highways of Virginia.

Response

It is my opinion that the out-of-state registration of an all-terrain vehicle or utility task vehicle does not determine the legality of operating such vehicles within the Commonwealth. With limited exceptions, all-terrain vehicles are not permitted on public highways regardless of registration status. Whether a utility task vehicle may be operated on a public highway must be determined based on the nature of the specific vehicle and the motor vehicle classification within which it falls.

Applicable Law and Discussion

Motor vehicles generally

Title 46.2 of the Code of Virginia provides definitions and classifications for most types of vehicles and generally governs their operation. A "vehicle" is defined as "every device in, on or by which any person or property is or may be transported or drawn on a highway, except . . . devices moved by human power or used exclusively on stationary rails or tracks." A "motor vehicle" is a vehicle "that is self-propelled or designed for self-propulsion except as otherwise provided in this title." Both an ATV and UTV are capable of transporting a person, but neither is moved by "human power" nor used exclusively on rails or tracks; accordingly, both ATVs and UTVs qualify as a "motor vehicle."

Consequently, absent a specific statutory exemption, ATVs and UTVs are subject to the Commonwealth's motor vehicle laws. In general, to be operated on Virginia's highways, a motor vehicle must be titled and registered, covered by insurance, and regularly inspected. Operation of motor vehicles also is subject to licensing requirements and laws regulating traffic and equipment safety.

All-terrain vehicles

Virginia law specifically recognizes an ATV as a distinct motor-vehicle classification. A vehicle is considered an ATV when it possesses three characteristics: (1) it is powered by a motor; (2) it has three or more wheels; and (3) it is "manufactured for off-highway use." Because "ATV" is specifically defined in the Code, the laws governing the use of such vehicles are clear.

In accord with their design for "off-highway use," vehicles that are classified as ATVs are specifically exempt from many motor vehicle laws. For example, an ATV is not required to be registered or inspected or to carry insurance. In addition, the driver of an ATV is not required to possess a valid driver's license.

In light of these exemptions, Virginia law expressly restricts the operation of ATVs on the public highways of the Commonwealth. Such operation is prohibited except in limited, enumerated circumstances. Being registered and titled in another state is not among the exceptions permitting ATV use on Virginia highways. Persons operating an ATV outside the permitted situations are subject to imposition of a civil fine.

Utility task vehicles

You also ask about a vehicle referred to as a "UTV" or "utility task vehicle." Unlike ATVs, UTVs are not specifically defined by the Code. In the absence of a distinct definition, the nature of each UTV must be considered to determine whether the vehicle would fit within an existing statutory category of motor vehicle. Without more information regarding any specific UTV model, I am unable to classify any particular UTV definitely. Nevertheless, it appears, based on the limited information before me, that a UTV might possess the characteristics of a couple of different existing classifications.

Conceivably, a particular UTV could be classified as a "utility vehicle" under the Code. A utility vehicle is a vehicle that is (1) powered by a motor, (2) designed or intended for off-road use, and (3) "used for general maintenance, security, agricultural, or horticultural purposes." Like ATVs, utility vehicles are exempt from many general motor vehicle laws: they are not required to be registered, carry insurance, or be inspected. Additionally, a driver is not required to hold a driver's license to operate a utility vehicle, unless it is operated on a highway.

Although the Code contemplates the operation of utility vehicles on Virginia's public highways, such operation is prohibited unless a locality has adopted an ordinance designating portions of a highway for the use of such vehicles. This prohibition is not affected by the vehicle's registration status in another state. Accordingly, absent an ordinance providing otherwise, a UTV meeting the definition of a utility vehicle is not permitted to be driven on Virginia's public highways.

A UTV also may fall within the above-cited definition of an ATV. A UTV that qualifies as an ATV will be permitted to be driven on Virginia highways only to the extent allowed by the statutory exceptions applicable to ATVs. It also is possible that some UTV models might not meet the definition of any of the Code's more specific motor vehicle classifications, thereby falling only under the general legal category of "motor vehicle." In such cases, the UTV would be required to satisfy all generally applicable motor-vehicle laws in order to be operated lawfully on Virginia highways.

Effect of an out-of-state registration

Although, in many circumstances, registration of a vehicle may be a necessary precondition for operation of that vehicle on Virginia's highways, registration status is not dispositive in determining the lawfulness of operating a particular motor vehicle on a Virginia highway. Virginia laws addressing the operation of specific classifications of vehicles on public highways are dependent not upon registration status, but on the vehicle's suitability to share the road with other vehicles. For instance, ATVs, utility vehicles, and golf carts are not required to be registered, but are permitted, in specifically defined, limited circumstances, to share the road with other vehicles. The authority for any vehicle to operate on a public highway in Virginia is governed by Virginia law, as strictly set out in the Code; if a vehicle meets those requirements, only then may it be operated on the public highways. Accordingly, a vehicle's registration in another state does not render legal an otherwise unlawful operation of a vehicle on Virginia roads.

Conclusion

Accordingly, it is my opinion that, under Code § 46.2-915.1, an ATV may not be operated on the public highways of Virginia unless a specifically enumerated exception applies. Whether a UTV may be operated on a Virginia highway will depend on the specifications of each individual model. It is further my opinion, however, that a vehicle's registration status in another state is not dispositive of this issue with regard to either an ATV or a UTV.

With kindest regards, I am,

Very truly yours,

Jason S. Miyares
Attorney General