Sheriff's Corner: ATV safety, laws and regulations

One common question that our office and deputies receive year around is about all terrain vehicle safety, laws and regulations. While we have discussed basic ATV Safety and laws and regulations in the past this month, I want to address some law and definition changes as well as recap some basic ATV safety and regulations already in place.

Off-highway vehicles include all-terrain vehicles , off-highway motorcycles and off-road vehicles, such as 4x4s.

Starting on July 1, the DNR began using some new definitions and requirements for Class 1 and Class 2 machines. This change will affect many owners, but no physical registration change is required until your registration renewal is up on your machine. You may continue to display your current registration until the time of renewal, at which time your ATV could be reclassified. There is no difference in the cost of registering a Class 1 or 2 ATV (3 year registration is $45).

ATVs are defined by weight and engine size. New laws in 2015 now define an ATV as a motorized vehicle with:

• Three to six low pressure or non-pneumatic tires.

• A total dry weight of 2,000 pounds or less.

• A total width (measured from outside of tire rim to outside of tire rim) that is 65 inches or less.

An ATV with a total width of 50 inches or less is considered a Class I ATV. A Class 1 ATV is designed for a single operator in which you straddle the machine and use handlebars to steer. There are additional Class 1 ATVs, such as the Polaris Ace with a seat, seat belt, steering wheel and a roll over protection system.

An ATV with a total width as described previously greater than 50 inches but no more than 65 inches wide is considered a Class 2 ATV. A Class 2 ATV typically have a steering wheel are designed for the operator and a passenger to sit on a seat side by side.

These definition changes do impact where these ATVs that are now Class 1 can be operated. If your Class 2 machine is one that is affected by this definition changes and is now a Class 1 ATV, please carefully review the operation information for Class 1 the MN DNR OHV Regulations. One example of an operation change is - As a Class 1 ATV, your machine cannot generally be operated on the shoulder of the roadway. (MN DNR OHV Regulations)

We often get questions about where Class 1 and Class 2 machines can be legally ridden. Sometimes scenarios can be tricky to decipher; the following is from the 2015 Regulations:

CLASS 1:

• A valid driver's license is required to operate an ATV on a road right-of-way.

• A driver's license is not required to operate an ATV on a designated trail that includes a road right-of-way.

• A person with a valid driver's license may operate an ATV registered for private use and being used for agricultural purposes on a public right-of-way of a trunk, county, state aid, or county highway, if the ATV is on the extreme right side of the road. A left turn may be made, if it is safe to do so.

• A person with a valid driver's license may operate an ATV on the far right-hand side of a township road, unless prohibited by local regulations. If traveling at a slower speed than other traffic on the township road, the ATV should be driven as close as practical to the right-hand edge of the road.

• You may operate an off-highway vehicle on a bridge, a roadway shoulder or the inside bank of a public road right-of-way if necessary to avoid

obstructions or environmentally sensitive areas. You must remain in the farthest right hand lane, enter the roadway within 100 feet of a bridge, obstacle or area, and make the crossing without delay.

• You may not exceed 10 mph on the frozen surface of public waters within 100 feet of another person who is not on an ATV (including people that are

fishing) or within 100 feet of a fish house or other shelter.

• Grant-in-aid snowmobile and non-motorized trails are closed to ATVs, unless specifically allowed.

• Youth 12-15 may operate a Class 1 ATV on the bank, slope, or ditch of a public road right-of-way with a valid ATV Safety Certification when

accompanied by a parent or legal guardian on a separate ATV.

• Class 1 ATVs may not be driven within the right-of-way, including the ditch, of a state or county road from April 1 to August 1 in the agricultural zone.

(See definition on page 7.) This does not apply to a Class 1 ATV registered and used for agricultural purposes. Class 2 ATVs cannot be operated in

a ditch.

CLASS 2:

Class 2 ATV operation is limited to: private land; frozen lake surfaces; state forest roads; shoulder or extreme right side of county roads and on the right side of township roads and city streets - if not prohibited by the road authority or other local laws, and with a valid driver's license; designated Class 2 trails and use areas.

• Class 2 ATVs may operate in road right-of-way of a trunk, county state-aid, or county highway but only to access businesses or make trail connections. A left turn may be made if it is safe to do so.

• If your ATV is equipped with a headlight and taillight they must be on at all times.

State law requires persons 12-15 years old and anyone born after July 1, 1987, who is 16 years or older to successfully complete ATV Safety Training before operating an ATV on public lands, frozen waters, public road rights-of-way, or state or grant-in-aid trails.

We hope that this helps clarify some occasionally tricky ATV questions that you may have. If you have questions about ATV usages or laws please contact our office and ask to speak with a recreation officer.

If you have specific questions that you would like answered in this column or in person, contact Sheriff Tom Burch by email at tom.burch@co.cass.mn.us ; by phone at 218-547-1424 or 800-450-2677; or by mail or in person at Cass County Sheriff's Office, 303 Minnesota Ave. W, P.O. Box No. 1119, Walker, MN, 56484.