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

Subject

Whether an ATV or UTV registered in another state may be operated on Virginia public highways.

Plain-English summary

Sheriff Craddock of Craig County asked the AG a question that comes up constantly along Virginia's mountain borders: people from West Virginia, Tennessee, or other states ride ATVs and UTVs across the state line and onto Virginia roads, often pointing to their out-of-state registration as proof they can be on the road. Are they actually allowed?

AG Jason Miyares said no in nearly all cases. Registration status (here or elsewhere) is not what determines whether a vehicle can be on a Virginia highway. What matters is the vehicle's classification under Virginia Title 46.2 and what state law allows for that class. The AG broke it into three categories.

For ATVs (motor-powered, three or more wheels, manufactured for off-highway use), Code § 46.2-915.1 prohibits highway operation except for narrow exceptions: crossing a highway by the most direct route, farming, emergency response, when authorized by proper authorities, and the Buchanan and Tazewell County exceptions in subsection (B). Out-of-state registration is not on that list. An ATV from West Virginia is just as illegal on a Craig County road as one from Virginia.

For UTVs ("utility task vehicles," not separately defined in the Code), the answer depends on which existing classification the particular UTV fits. Many UTVs match the definition of a "utility vehicle" (motor-powered, designed for off-road use, used for general maintenance, security, agricultural, or horticultural purposes), in which case § 46.2-916.1 prohibits highway operation unless the locality has adopted an ordinance designating specific portions of the highway for utility vehicle use. The opinion notes that Craig County had no such ordinance at the time. Some UTVs may fit the ATV definition, in which case the ATV rules govern. And some UTVs may not fit any specific off-highway classification, in which case they fall under generic motor-vehicle rules and have to be titled, registered, insured, inspected, and driven by a licensed driver.

Out-of-state registration is irrelevant in all three scenarios. Virginia's law is built around vehicle suitability for highway use, not registration tag location.

What this means for you

If you ride an ATV or UTV in or near Virginia

Do not assume your home-state plate gives you any rights here. If you cross into Virginia and want to ride on the road, look at three things: (1) the specific class your vehicle is, (2) what Virginia statutes allow for that class, and (3) whether the locality you are in has an ordinance for utility vehicles on local roads.

If you are an ATV rider, you are off the road in almost every Virginia county. The exceptions are narrow: crossing a road by the most direct route, farming, emergency response, and certain authorized situations. If you are in Buchanan or Tazewell County, check § 46.2-915.1(B) for the specific local exceptions; those are real but limited. Operating outside an exception is a civil fine.

If you are a UTV rider in farming work, you are likely operating a "utility vehicle" and the same restrictive rule applies. Check whether your destination county has adopted a § 46.2-916.2 ordinance. Many counties have not.

If you are a Virginia sheriff or deputy

This opinion gives you a clear framework. Encountering an ATV/UTV on a road, the questions are: what is its classification, is it operating in an excepted situation, and (for utility vehicles) is there a local ordinance? Out-of-state plates do not change anything. The Sheriff Craddock question is now answered, and you can cite this opinion in court if needed.

For traffic enforcement, the AG flags § 46.2-915.1(E) for the civil fine on ATV violations. Field-level discretion remains, but the legal hook is solid.

If you operate a farm and use UTVs along your road frontage

Section 46.2-915.1(F)(1) preserves farming use of ATVs (and the parallel utility vehicle provisions), so on-property operation and farm-related crossing are protected. Operating along the public road for farm work generally is allowed, but check the specific provisions for the vehicle class you are operating. Document the farm purpose if a deputy stops you.

If you sit on a county board of supervisors in a recreation-heavy county

If your county has not adopted an ordinance under § 46.2-916.2 designating certain roads for utility vehicle use, your residents and tourists are operating illegally on those roads. Some counties have done this for low-volume rural roads to support tourism. The statute lays out the rules; you can choose to authorize specific stretches and cannot authorize others. Some operating limits in § 46.2-916.3 are mandatory.

If you sell or rent ATVs/UTVs in Virginia

Train your sales staff on this. Customers commonly assume that registering elsewhere or paying state fees buys road-legal status. They do not. Buyers of UTVs especially should be told, in writing, that road use depends on local ordinance, not on registration.

Common questions

Q: Can I cross a Virginia road on my ATV to get to the other side?
A: Yes. Section 46.2-915.1(F) allows operation "to the extent necessary to cross a public highway by the most direct route." Crossing is allowed; driving along the road is not.

Q: Can I drive my ATV on a road if it is registered with the Virginia DMV?
A: ATVs are not required to be registered (§ 46.2-679.1) and would not normally be DMV-registered. The exemption from registration does not give a right to use the road; it just removes a paperwork requirement. Even if you somehow obtain registration, ATVs are still barred under § 46.2-915.1.

Q: My UTV looks like a small Jeep, has seatbelts and a windshield. Does that change anything?
A: It might. UTVs are not separately defined, and a particular UTV could meet a more general motor-vehicle classification. If it does, you would need to title, register, insure, and inspect it, and drive it with a license. The AG explicitly declined to classify any specific UTV model.

Q: Can a deputy still stop me if I am on a road in Buchanan County under the local exception?
A: A deputy can verify that the conditions of § 46.2-915.1(B) are met, but if they are, you are operating lawfully. Carry documentation of the conditions where they matter.

Q: My county adopted a § 46.2-916.2 ordinance for some roads. Is that enough?
A: It is enough for utility vehicles on the designated roads, subject to the limits in § 46.2-916.3. ATVs are not covered by § 46.2-916.2; ATV operation remains restricted to the § 46.2-915.1 exceptions.

Q: Is golf cart law the same?
A: Golf carts are governed by their own provisions and are not addressed in this opinion. The general principle (registration is not the test, classification and class-specific authorization are) applies.

Background and statutory framework

Virginia Title 46.2 is the master statute for motor vehicles. It defines numerous vehicle classes and applies different rules to each. The general rule is that motor vehicles must be titled and registered (§ 46.2-600), insured (§ 46.2-706), inspected (§ 46.2-1158), and driven by a licensed person (§ 46.2-300). Off-highway vehicle classes get exemptions from these in exchange for restricted highway use.

ATVs are defined in § 46.2-100 by three characteristics: motor-powered, three or more wheels, manufactured for off-highway use. The exemptions and restrictions all flow from that definition. Section 46.2-915.1 is the operational restriction: ATVs cannot operate on public highways except in enumerated situations.

Utility vehicles are also defined in § 46.2-100 (motor-powered, off-road, used for maintenance, security, agriculture, or horticulture). Section 46.2-916.1 prohibits utility vehicles on highways unless a locality has adopted a § 46.2-916.2 ordinance designating particular roads. Section 46.2-916.3 imposes substantive limits even on designated roads (speed limits, hours, equipment).

The AG's reasoning followed straight from the structure: classify the vehicle, then look up the rules for that class. Registration in another state does not change the classification or the class-specific rules.

Citations and references

Statutes:
- Va. Code Ann. § 46.2-915.1 (operation of all-terrain vehicles)
- Va. Code Ann. § 46.2-916.1 (utility vehicles on highways)
- Va. Code Ann. § 46.2-916.2 (locality ordinance for utility vehicle highway use)
- Va. Code Ann. § 46.2-916.3 (limitations on highway use)
- Va. Code Ann. § 46.2-100 (motor vehicle definitions)

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