Florida Statute 316.2074 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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.

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Amendments to 316.2074

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.2074

R or S next to points is Mandatory Revocation or Suspension

S316.2074 (3) ATV HELMET LAW - ATV Operators < 16 yrs. of age MUST wear a head-helmet/eye protection - Points on Drivers License: 0

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

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

Cases Citing Statute 316.2074

Total Results: 4

Pasteur Health Plan, Inc. v. Salazar

658 So. 2d 543, 20 Fla. L. Weekly Fed. D 1083

District Court of Appeal of Florida | Filed: May 3, 1995 | Docket: 439212

Cited 9 times | Published

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

Fina v. Hennarichs

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

District Court of Appeal of Florida | Filed: Oct 7, 2009 | Docket: 1651441

Cited 4 times | Published

DAMOORGIAN and LEVINE, JJ., concur. NOTES [1] See § 316.2074(1), Fla. Stat. (2003) ("It is the intent of the

Ago

Florida Attorney General Reports | Filed: Mar 23, 2007 | Docket: 3257964

Published

subjects of traffic control or enforcement.4 Section 316.2074, Florida Statutes, regulates the use of all-terrain

Ago

Florida Attorney General Reports | Filed: Jul 14, 2004 | Docket: 3257500

Published

subjects of traffic control or enforcement.6 Section 316.2074, Florida Statutes, represents the Legislature's

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.