Are farm utility vehicles and utility vehicles considered ATVs under Virginia law, so they can use public highways under the farming-activities exception in § 46.2-915.1?

Subject

Based on the definitions in the Virginia Code, some farm utility vehicles and some utility vehicles would be considered ATVs. Those farm utility vehicles and utility vehicles that are considered ATVs would be eligible for the exception provided for in § 46.2-915.1.

Plain-English summary

Virginia generally forbids operating an all-terrain vehicle (ATV) on a public highway, with limited exceptions: authorized by officials, crossing a highway by the most direct route, emergency response, or "in conjunction with farming activities." That last one matters in rural counties where farm work routinely needs short hops on a paved road.

The Culpeper County Commonwealth's Attorney asked the AG whether "farm utility vehicles" (FUVs) and "utility vehicles" (UVs) (categories defined separately in the Code) count as ATVs for purposes of that farming-activities exception. The practical version: can a farmer take a side-by-side UTV down the shoulder of a public road to get to the next field without being charged?

The AG's answer is that the vehicle definitions are not mutually exclusive. A given motor vehicle can fit multiple categories at once. An ATV is defined as a motor vehicle with three or more wheels that's manufactured for off-highway use. A farm utility vehicle is a motor vehicle designed for off-road use and used as a farm, agricultural, or horticultural service vehicle. A utility vehicle is a motor vehicle designed for off-road use and used for general maintenance, security, agricultural, or horticultural purposes. Many side-by-sides used on farms satisfy all three definitions. When a vehicle qualifies as an ATV (especially the three-or-more-wheels criterion), the farming-activities exception in § 46.2-915.1 is available, even if the same vehicle is also a farm utility vehicle or utility vehicle.

What this means for you

For farmers using side-by-sides and similar UTVs

The opinion holds that a vehicle with three or more wheels, designed for off-road use and used in conjunction with farming activities, can qualify as an ATV and so fall within the § 46.2-915.1 farming-activities exception even if it is also a farm utility vehicle or utility vehicle. It holds the exception turns on the vehicle being operated "in conjunction with farming activities," the statutory phrase the carve-out uses.

For Commonwealth's Attorneys and law enforcement

The opinion holds that the vehicle categories in § 46.2-100 are not mutually exclusive, so a three-or-more-wheel motor vehicle built for off-road use can be an ATV regardless of whether it is also a farm utility vehicle or utility vehicle, and is eligible for the § 46.2-915.1 exception when it qualifies as an ATV. It adds that the Virginia Administrative Code definitions referenced in the request are not relevant to the analysis; the controlling definitions are those in the Virginia Code.

For UTV dealers

The opinion holds that classification under § 46.2-915.1 turns on the statutory criteria in § 46.2-100 (chiefly wheel count and off-road design and use), not on how a vehicle is marketed as a UTV or an ATV.

For citizens living near farms

The opinion holds that a farm utility vehicle or utility vehicle meeting the ATV criteria is eligible for the farming-activities exception to operate on public highways in conjunction with farming. It does not address local safety regulation.

Common questions

What's the difference between an ATV, a farm utility vehicle, and a utility vehicle in Virginia?
All three are motor vehicles. An ATV must have three or more wheels and be manufactured for off-highway use. A farm utility vehicle must be designed for off-road use and used for farm, agricultural, or horticultural services. A utility vehicle must be designed for off-road use and used for general maintenance, security, agricultural, or horticultural purposes.

Are these categories mutually exclusive?
No. The AG specifically said they overlap. A single vehicle can be all three at once.

When can an ATV be operated on a public highway in Virginia?
Section 46.2-915.1(A)(1) generally forbids it, but several exceptions apply: authorization by proper authorities, crossing a highway by the most direct route, operation by law enforcement, firefighters, or EMS responding to emergencies, and operation "in conjunction with farming activities" under subsection (F).

Can I take my side-by-side to the grocery store?
Not under the farming-activities exception. The exception requires the operation to be "in conjunction with farming activities."

What if my UTV has only three wheels?
It still meets the ATV definition (three or more wheels). Coverage under the exception depends on whether it qualifies as an ATV and whether the use is in conjunction with farming.

The Virginia Administrative Code defines ATVs differently. Which one controls?
The Virginia Code definitions control this analysis. The opinion states that the Virginia Administrative Code definitions referenced in the request are not relevant; the operative definitions are those in § 46.2-100.

Background and statutory framework

The relevant vehicle definitions all live in Va. Code § 46.2-100. The general prohibition on ATV use on public highways is in § 46.2-915.1(A)(1). The farming-activities carve-out is in § 46.2-915.1(F).

The AG's analysis is mostly a careful read of the definitions in § 46.2-100. Each defined type of vehicle has three required characteristics. Some overlap. The ATV definition cares about wheel count and "manufactured for off-highway use." The utility-vehicle and farm-utility-vehicle definitions care about "designed for off-road use" and intended use. A single side-by-side can satisfy all the criteria simultaneously.

The opinion was issued during the time Mark Herring was Attorney General. It deals with vehicle definitions that have changed only marginally since 2021, but operators should always check current Virginia Code text before relying on this opinion for an enforcement question.

Citations

• Va. Code § 2.2-505 (AG advisory opinions)
• Va. Code § 46.2-100 (vehicle, motor vehicle, ATV, farm utility vehicle, utility vehicle definitions)
• Va. Code § 46.2-915.1 (operation of ATVs on highways, farming-activities exception)
• Manassas Autocars, Inc. v. Couch, 274 Va. 82 (2007)
• 19 Va. Admin. Code § 30-130-20 (warning sticker regulations referenced but not controlling)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2021/21-027-Walther-issued.pdf

Original opinion text

Office of the Attorney General
Mark R. Herring
Attorney General

December 3, 2021

202 North Ninth Street
Richmond, Virginia 23219
804-786-2071
Fax 804-786-1991
Virginia Relay Services
800-828-1120
7-1-1

The Honorable Paul Walther
Commonwealth's Attorney, Culpeper County
118 W. Davis Street, Suite 102
Culpeper, Virginia 22701

Dear Mr. Walther:

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 farm utility vehicles and utility vehicles are considered "all-terrain vehicles" for the purposes of being able to operate on a public highway under § 46.2-915.1.

Applicable Law and Discussion

1. General Rules regarding All-Terrain Vehicles

An "all-terrain vehicle" (ATV) is "a motor vehicle having three or more wheels that is powered by a motor and is manufactured for off-highway use." The Code provides a general rule that no ATV shall be operated on a public highway or public property except "(i) as authorized by proper authorities, (ii) to the extent necessary to cross a public highway by the most direct route, or (iii) by law-enforcement officers, firefighters, or emergency medical services personnel responding to emergencies." Despite this general prohibition, § 46.2-915.1 also provides that the provisions of the statute do not apply to an ATV that is being operated "in conjunction with farming activities." You have asked if farm utility vehicles and utility vehicles are included in this exception. To examine that issue, it is necessary to consider different vehicle types discussed in the Code.

2. Vehicle Types

Virginia law defines and classifies most modes of transportation. These definitions are not necessarily mutually exclusive, but rather, they create a system of classification that includes general and more specific classes of vehicles. In general, a "vehicle" is "every device in, on or by which any person or property is or may be transported or drawn on a highway," a "motor vehicle" is "every vehicle . . . that is self-propelled or designed for self-propulsion," and an "all-terrain vehicle" (ATV) is "a motor vehicle having three or more wheels that is powered by a motor and is manufactured for off-highway use." Therefore, a "motor vehicle" is a type of vehicle, and an ATV is both a vehicle and a motor vehicle as well as an ATV. Additionally, the more specific classifications are not necessarily mutually exclusive; there is some overlap between the definitions and some vehicles may fall into several different classifications.

An "all-terrain vehicle" (ATV) is a vehicle with three characteristics: (1) it is a "motor vehicle," (2) it has three or more wheels, and (3) it is "manufactured for off-highway use." In order for a vehicle to be considered a "farm utility vehicle," it also must have three main characteristics: (1) it is a "motor vehicle," (2) it is designed for off-road use, and (3) it is "used as a farm, agricultural, or horticultural service vehicle." Finally, for a vehicle to be considered a "utility vehicle" it also must meet three requirements: (1) it must be a "motor vehicle," (2) it must be designed for off-road use, and (3) it must be used for "general maintenance, security, agricultural, or horticultural purposes."

Comparing these definitions, some overlap occurs. All three types of vehicles have two of their three main characteristics in common; all three must be a "motor vehicle" and all three must be "designed" or "manufactured" for "off-road use." Moreover, a utility vehicle and a farm utility vehicle both have a requirement relating to their intended uses, a utility vehicle must be used for "general maintenance, security, agricultural or horticultural purposes" and a farm utility vehicle must be used for "farm, agricultural, or horticultural services." Clearly if a vehicle is used for "agricultural or horticultural" purposes, it will be both a "farm utility vehicle" and a "utility vehicle."

With regard to ATVs, the defining characteristic is the number of wheels; the ATV definition requires that the vehicle have "three or more wheels." Note that neither the farm utility vehicle nor the utility vehicle have a requirement for number of wheels. Furthermore, the ATV definition has no requirement for the intended use. Therefore, it is possible that if a motor vehicle has three or more wheels and is designed for off-road use, it may be an ATV as well as a farm utility vehicle and a utility vehicle depending on its intended purpose. If the intended purpose is "agricultural or horticultural," then that motor vehicle would be all three.

3. Farm utility vehicles and utility vehicles may be considered ATVs for purposes of § 46.2-915.1.

The relevant definitions regarding vehicle types are those found in the Code sections mentioned above. Although your request references various definitions contained in the Virginia Administrative Code, those are not relevant to this opinion. It is also clear that the definitions provided in the Virginia Code are not mutually exclusive. In this instance, you have asked if farm utility vehicles and utility vehicles are considered ATVs for purposes of using the highways under the provisions of § 46.2-915.1. Unfortunately, there is no general answer to this question. If a vehicle is classified as a utility vehicle or a farm utility vehicle and has three or more wheels, then it would also be classified as an ATV. In those instances, if the vehicle is also classified as an ATV, it would enjoy the exclusion under § 46.2-915.1.

Conclusion

Based on the definitions in the Virginia Code, some farm utility vehicles and some utility vehicles would be considered ATVs. Those farm utility vehicles and utility vehicles that are considered ATVs would be eligible for the exception provided for in § 46.2-915.1.

With kindest regards, I am,
Very truly yours,

Mark R. Herring
Attorney General