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), the opinion explains that ATVs are exempt from many motor-vehicle laws (no registration, inspection, insurance, or driver's license) and that Code § 46.2-915.1 prohibits highway operation "except in limited, enumerated circumstances." Being registered or titled in another state is not among those exceptions, and a person operating an ATV outside the permitted situations is subject to a civil fine.

For UTVs ("utility task vehicles," not separately defined in the Code), the opinion says the answer depends on which existing classification the particular UTV fits. A UTV that matches the definition of a "utility vehicle" (motor-powered, designed for off-road use, used for general maintenance, security, agricultural, or horticultural purposes) cannot be driven on a highway unless the locality has adopted an ordinance designating portions of the highway for such use. A UTV that fits the ATV definition follows the ATV rules. And a UTV that fits no specific off-highway classification falls under the general "motor vehicle" category and must satisfy all generally applicable motor-vehicle laws (title, registration, insurance, inspection, and a licensed driver). The opinion expressly declined to classify any specific UTV model.

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

Under the opinion, your home-state registration does not determine whether you can ride on a Virginia highway. What controls is the vehicle's classification under Title 46.2 and what Virginia law allows for that class. The opinion concludes that ATVs are barred from public highways except in the circumstances § 46.2-915.1 enumerates, and that a UTV's road status depends on which classification it fits.

If you are a Virginia sheriff or deputy

The opinion frames the inquiry as classification first: what class is the vehicle, and what does Virginia law allow for that class. Out-of-state registration does not change the answer. For an ATV, the opinion holds highway operation is prohibited unless an enumerated exception applies, and a person operating outside those situations is subject to a civil fine.

If you operate a farm and use a UTV

The opinion notes that utility vehicles are exempt from many motor-vehicle requirements but may be operated on a highway only where the locality has adopted an ordinance designating portions of the highway for such use. It does not resolve any specific farm-use scenario; whether a particular UTV qualifies as a "utility vehicle," an ATV, or a general motor vehicle depends on the vehicle.

If you sit on a county board of supervisors

The opinion states that a utility vehicle may not be driven on a public highway unless the locality has adopted an ordinance designating portions of the highway for such use, and that this prohibition is not affected by out-of-state registration. It does not address whether or how a county should adopt such an ordinance.

If you sell or rent ATVs/UTVs in Virginia

The opinion's central point is that registration, in Virginia or elsewhere, is not what makes a vehicle road-legal: "a vehicle's registration in another state does not render legal an otherwise unlawful operation of a vehicle on Virginia roads." Highway use turns on the vehicle's classification and the class-specific rules.

Common questions

Q: Are there situations where an ATV can be on a Virginia road?
A: The opinion states that ATV highway operation is prohibited "except in limited, enumerated circumstances" under § 46.2-915.1, but it does not list those circumstances. It is clear on one point: out-of-state (or any) registration is not one of the exceptions. Check the current text of § 46.2-915.1 for the specific exceptions.

Q: Does it help that my ATV is registered, here or in another state?
A: No. The opinion notes ATVs are not required to be registered and that registration status is "not dispositive" of whether a vehicle may be operated on a Virginia highway. Registration does not create a right to use the road.

Q: My UTV looks like a small Jeep, with seatbelts and a windshield. Does that change anything?
A: It might. The opinion explains that UTVs are not separately defined, and a particular UTV could meet a more general motor-vehicle classification. If it does, it would have to be titled, registered, insured, inspected, and driven by a licensed driver. The AG expressly declined to classify any specific UTV model.

Q: If my county adopts an ordinance for utility vehicles, is that enough?
A: The opinion says a utility vehicle may be operated on a highway where the locality has adopted an ordinance designating portions of the highway for such use. It addresses utility vehicles, not ATVs, whose highway operation remains limited to the § 46.2-915.1 exceptions.

Q: Is golf cart law the same?
A: The opinion mentions golf carts only in passing, as another class that is not required to be registered but may share the road in defined, limited circumstances. It does not analyze golf cart rules. The general principle (registration is not the test; classification and class-specific authorization are) is what the opinion turns on.

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). As the opinion describes the scheme, a utility vehicle may not be driven on a public highway unless the locality has adopted an ordinance designating portions of the highway for such use.

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