Florida Statute 316.2074 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.2074

316.2074 All-terrain vehicles.—

(1) It is the intent of the Legislature through the adoption of this section to provide safety protection for minors while operating an all-terrain vehicle in this state.

(2) As used in this section, the term “all-terrain vehicle” means any motorized off-highway vehicle 55 inches or less in width which has a dry weight of 1,500 pounds or less, is designed to travel on three or more nonhighway tires, and is manufactured for recreational use by one or more persons. For the purposes of this section, “all-terrain vehicle” also includes a “two-rider ATV” as defined in s. 317.0003.

(3) No person under 16 years of age shall operate, ride, or be otherwise propelled on an all-terrain vehicle unless the person wears a safety helmet meeting United States Department of Transportation standards and eye protection.

(4) If a crash results in the death of any person or in the injury of any person which results in treatment of the person by a physician, the operator of each all-terrain vehicle involved in the crash shall give notice of the crash pursuant to s. 316.066.

(5) Except as provided in this section, an all-terrain vehicle may not be operated upon the public roads, streets, or highways of this state, except as otherwise permitted by the managing state or federal agency.

(6) An all-terrain vehicle having four wheels may be used by police officers on public beaches designated as public roadways for the purpose of enforcing the traffic laws of the state. All-terrain vehicles may also be used by the police to travel on public roadways within 5 miles of beach access only when getting to and from the beach.

(7) An all-terrain vehicle having four wheels may be used by law enforcement officers on public roads within public lands while in the course and scope of their duties.

(8) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.—ss. 1, 2, 3, 4, 5, ch. 88-221; s. 5, ch. 95-333; s. 30, ch. 96-350; s. 3, ch. 96-413; s. 162, ch. 99-248; s. 54, ch. 2002-295; s. 37, ch. 2005-164; s. 2, ch. 2009-137; s. 3, ch. 2014-187; s. 2, ch. 2019-19.

F.S. 316.2074 on Google Scholar

F.S. 316.2074 on Casetext

Amendments to 316.2074

Arrestable Offenses / Crimes under Fla. Stat. 316.2074

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.2074.

Civil Citations / Citable Offenses under S316.2074

R or S next to points is Mandatory Revocation or Suspension

S316.2074 (3) ALL-TERRAIN VEHICLES (ATV) Operators UNDER 16 years of age MUST wear a head-helmet and eye protection - Points on Drivers License: 0

S316.2074 (4) FAILURE to give notice of ATV crash - Points on Drivers License: 0

S316.2074 (5) Improper operation on public roads, streets or highways - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.2074

Total Results: 4

Fina v. Hennarichs

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-07T00:00:00-07:00

Citation: 19 So. 3d 1081, 2009 Fla. App. LEXIS 14925, 2009 WL 3189192

Snippet: DAMOORGIAN and LEVINE, JJ., concur. NOTES [1] See § 316.2074(1), Fla. Stat. (2003) ("It is the intent …an all-terrain vehicle in this state."); § 316.2074(3), Fla. Stat. (2003) ("No person under 16

Ago

Court: Fla. Att'y Gen. | Date Filed: 2007-03-23T00:53:00-07:00

Snippet: subjects of traffic control or enforcement.4 Section 316.2074, Florida Statutes, regulates the use of all-terrain…streets and highways by the operation of section 316.2074, Florida Statutes, which limits such regulation…limited exception to the prohibition in section 316.2074, Florida Statutes, for use of ATVs on public roads…authorization.11 In such a case, the provisions of section 316.2074, Florida Statutes, would prohibit the use of ATVs…2001), 98-62 (1998) and 98-15 (1998). 5 See s. 316.2074(2), Fla. Stat., defining "all-terrain vehicle

Ago

Court: Fla. Att'y Gen. | Date Filed: 2004-07-14T00:53:00-07:00

Snippet: ; 8 Section 316.2074(3), Fla. Stat. 9 Section 316.2074(4), Fla. Stat. 10 Section 316.2074(6) and (7), …subjects of traffic control or enforcement.6 Section 316.2074, Florida Statutes, represents the Legislature&…roads on public lands.10 A violation of section 316.2074, Florida Statutes, is designated a noncriminal…may be applied to all-terrain vehicles. Section 316.2074, Florida Statutes, does not, however, recognize…managing state or federal agency." Thus, section 316.2074, Florida Statutes, preempts the regulation of

Pasteur Health Plan, Inc. v. Salazar

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-03T00:53:00-07:00

Citation: 658 So. 2d 543

Snippet: accidents that result in death or serious injury. § 316.2074, Fla. Stat. (1993). To hold that ATC injuries