Are ATVs Legal in Florida?
With Florida’s scenic trails, sandy backroads, and wide-open spaces, it’s no surprise that many people love to ride their ATVs here. These off-road vehicles are great for exploring new terrain and getting your adrenaline pumping, but are ATVs legal in Florida? The answer is yes, but only in specific areas and under strict guidelines.
To keep yourself and others on the road safe, it’s a good idea to know where you’re allowed to ride and the laws that apply. In the case of an ATV accident, you should also be aware of the steps you should follow to ensure you and your rights are protected.
How is an ATV Defined and Classified in Florida?
In Florida, the legal definition of an ATV (all-terrain vehicle) is a motorized off-highway vehicle that:
- Is no more than 55 inches wide
- Weighs 1,500 pounds or less when dry
- Travels on three or more non-highway tires
- Is built primarily for recreational use
Most ATVs are designed for a single rider, but there are models that are made to carry two people. Regardless of the type, ATVs must meet the above criteria to be classified as such.
Florida Laws for ATV Riders
Florida has specific laws in place to keep ATV riders safe while enjoying off-roading. These rules apply to everyone operating or riding an ATV, whether on public land or private property.
ATV Licensing and Registration Requirements
In Florida, you don’t need to register your ATV, but the law does require that it be titled. This helps to establish ownership and provides a record of the vehicle. If you’ve recently purchased an ATV, you’ll need to comply with this rule as outlined in Florida Statute 317.0006. Failing to title your ATV could lead to penalties or complications in the event of an accident.
Legal Age Requirements for Operating an ATV
Riding an ATV can be dangerous, especially for children, which is why Florida law has strict requirements for minors operating or riding ATVs. Per Florida Statute 261.20:
- Riders under 16 years old must be supervised by an adult at all times.
- They are required to carry proof of completing an approved Off-Highway Vehicle (OHV) safety course.
Non-residents who are visiting Florida for up to 30 days do not need to carry proof of completion for an OHV safety course.
Helmet and Safety Gear Requirements
For minors under the age of 16, Florida law requires the use of proper safety gear to reduce the risk of serious injuries. The law mandates:
- A safety helmet that meets U.S. Department of Transportation standards must be worn at all times.
- Eye protection is required, whether you’re driving the ATV or riding as a passenger
While safety gear and helmets are not legally required for adults, they are still strongly recommended for all riders.
Where Can You Ride Your ATV in Florida?
According to Florida Statute 316.2123, ATVs cannot be operated on public roads or streets, except during daylight hours on unpaved roads where the posted speed limit is less than 35 miles per hour. Counties have the option to exempt themselves entirely from these provisions through a public hearing and majority vote.
For example, in Alachua County, ATVs are not permitted on any public roads, paved or unpaved, at any time of day or night. Riders in this area must use ATVs on their own property or on private property with explicit permission from the owner.
If you’re looking for off-roading in the Gainesville, Florida area, check out the following nearby trails:
- Lochloosa Wildlife Conservation Area Trail. A 4-mile trail in the northwest part of the conservation area.
- Sand Ridge Road. A trail that goes through the northern part of Goethe State Forest.
- Sandy Pipeline Run. A 5.5-mile trail with loose sand and hill climbs heading south.
- Gaston Road. A 6.2-mile trail in the Ate’s Creek tract of Belmore State Forest.
- Hog Pen. A 4.6-mile sandy road near Ocean Pond Lake, connecting County Road 250 and Highway 90.
As regulations and accessibility may vary, always check the rules and conditions of an area before heading out.
Exceptions for Limited Road Use
While ATVs are generally prohibited from operating on public roadways in Florida, there are some exceptions where limited road use is allowed. These exceptions include situations where a state or federal agency managing the area explicitly permits ATV use.
Additionally, Florida Statute 316.2074 states law enforcement officers may operate ATVs when they are:
- Patrolling public beaches classified as roadways to enforce traffic laws
- Traveling on public roads within a 5-mile radius of beach access points to facilitate movement to and from the beach
- Carrying out official responsibilities on public roads within public land areas
Penalties for Illegal ATV Operation
If you get caught operating an ATV illegally, you could face penalties. Minor infractions, like riding on public roads, are treated as noncriminal traffic violations and may result in fines. Serious offenses, such as reckless driving, driving under the influence, or causing harm to another person, can lead to even more serious consequences like criminal charges.
What to do if You’re Involved in an ATV Accident
Whether you’re the ATV rider or another motor vehicle driver on the road, getting into an accident can be devastating. Here’s what you should do following an ATV crash:
- Call 911 immediately if anyone is injured. For accidents without injuries, report the incident to the appropriate local authorities. Make sure to get an official accident report filed as this can be beneficial for insurance and legal claims.
- Document the scene by taking photos and videos of the accident site. This includes any injuries, vehicle damage, and surroundings.
- Share contact and insurance information with others involved in the accident, including witnesses.
- Get a medical evaluation, even if injuries seem minor or nonexistent. Some injuries may not be immediately apparent but could worsen over time.
- Keep detailed records of all medical visits, repair costs, and other expenses related to the accident. This will be invaluable if you decide to take legal action.
- Contact a Gainesville personal injury attorney so that you can understand your rights and options.
Avoid discussing the details of the accident with anyone, offline and online, except with your attorney. Casual comments or social media posts can be misinterpreted or used against you by insurance companies or opposing parties. Your attorney will advise you on how to handle communication to keep your claim protected and avoid jeopardizing your case.
How Fine, Farkash & Parlapiano, P.A. Can Help
Although ATVs are legal in Florida, there are rules and regulations in place to ensure everyone enjoys these off-roading vehicles safely. If you’re dealing with the aftermath of an ATV accident or you’ve experienced injuries due to someone else’s negligence, a Gainesville personal injury lawyer can help.
At Fine, Farkash & Parlapiano, P.A., we have over 100 years of combined experience representing accident victims and fighting for the compensation they deserve. Don’t wait to take action. Contact our attorneys today for a free consultation, and get the support and expertise you need for a successful case.
Sources:
Chapter 317: Off-Highway Vehicle Titling | The Florida Legislature
317.0006 Certificate of title required | The Florida Legislature
316.2123 Operation of an ATV on certain roadways | The Florida Legislature
Chapter 51. – Vehicles and Traffic | Alachua County, FL Municode Codification
316.2074 All-terrain vehicles | The Florida Legislature
Mr. Fine was born in New York, New York, and was raised in the northeast, where he studied sociology at Colby College in Waterville, Maine. He then graduated with honors from the University of Florida Levin College of Law in 1976. In law school, he was a member of Phi Kappa Phi Honor Society, was inducted into the Order of the Coif, and graduated in the top 10 percent of his class. Mr. Fine was admitted into the Florida Bar in 1976, the United States District Court for the Middle District of Florida in 1977, the United States District Court for the Northern District of Florida in 1991, and the United States Court of Appeals 11th Circuit in 1982.