CHAPTER 663. ALL-TERRAIN VEHICLES

Sec. 663.001. Definitions.
In this chapter:

(1) "All-terrain vehicle" means a motor vehicle that is:

(A) equipped with a saddle for the use of the rider;

(B) designed to propel itself with three or four tires in contact with the ground;

(C) designed by the manufacturer for off-highway use by the operator only; and

(D) not designed by the manufacturer for farming or lawn care.

(2) "Public property" means property owned or leased by the state or a political subdivision of the state.

Sec. 663.011. Designated Division or State Agency.
The governor shall designate a division of the governor's office or a state agency to establish and administer an all-terrain vehicle operator education and certification program.

Sec. 663.012. Purpose of Program.
The purpose of the all-terrain vehicle operator education and certification program is to make available courses in basic training and safety skills relating to the operation of all-terrain vehicles and to issue safety certificates to operators who successfully complete the educational program requirements or pass a test established under the program.

Sec. 663.013. All-terrain Vehicle Safety Coordinator.

(a) The designated division or state agency shall employ an all-terrain vehicle safety coordinator.

(b) The coordinator shall supervise the all-terrain vehicle operator education and certification program and shall determine:

(1) locations at which courses will be offered;

(2) fees for the courses;

(3) qualifications of instructors;

(4) course curriculum; and

(5) standards for operator safety certification.

(c) In establishing standards for instructors, curriculum, and operator certification, the coordinator shall consult and be guided by standards established by recognized all-terrain vehicle safety organizations.

Sec. 663.014. Contracts.
To administer the education program and certify all-terrain vehicle operators, the designated division or state agency may contract with nonprofit safety organizations, nonprofit educational organizations, or agencies of local governments.

Sec. 663.015. Teaching and Testing Methods.

(a) If the all-terrain vehicle safety coordinator determines that vehicle operation is not feasible in a program component or at a particular program location, the operator education and certification program for persons who are at least 14 years of age may use teaching or testing methods that do not involve the actual operation of an all-terrain vehicle.

(b) An operator safety certificate may not be issued to a person younger than 14 years of age unless the person has successfully completed a training course that involves the actual operation of an all-terrain vehicle.

Sec. 663.016. Fee for Course.
A person may charge, for a course under the all-terrain vehicle operator education and certification program, a fee that is reasonably related to the costs of administering the course.

Sec. 663.017. Denial, Suspension, or Cancellation of Approval.

(a) The designated division or state agency may deny, suspend, or cancel its approval for a program sponsor to conduct or for an instructor to teach a course offered under this chapter if the applicant, sponsor, or instructor:

(1) does not satisfy the requirements established under this chapter to receive or retain approval;

(2) permits fraud or engages in fraudulent practices with reference to an application to the division or agency;

(3) induces or countenances fraud or fraudulent practices by a person applying for a driver's license or permit;

(4) permits or engages in a fraudulent practice in an action between the applicant or license holder and the public; or

(5) fails to comply with rules of the division or agency.

(b) Before the designated division or agency may deny, suspend, or cancel the approval of a program sponsor or an instructor, notice and opportunity for a hearing must be given as provided by:

(1) Chapter 2001, Government Code;

(2) Article 6252-13c, Revised Statutes; and

(3) Sections 2 through 5, Chapter 267, Acts of the 67th Legislature, Regular Session, 1981 (Article 6252-13d, Vernon's Texas Civil Statutes).

Sec. 663.018. Rules.
The designated division or state agency may adopt rules to administer this chapter.

Sec. 663.019. Exemptions.
The designated division or state agency by rule may temporarily exempt the residents of any county from Section 663.015 or from Section 663.031(a)(1) until the appropriate education and certification program is established at a location that is reasonably accessible to the residents of that county.

SUBCHAPTER C.
OPERATION OF ALL-TERRAIN VEHICLES

Sec. 663.031. Safety Certificate Required.

(a) A person may not operate an all-terrain vehicle on public property unless the person:

(1) holds a safety certificate issued under this chapter or under the authority of another state;

(2) is taking a safety training course under the direct supervision of a certified all-terrain vehicle safety instructor; or

(3) is under the direct supervision of an adult who holds a safety certificate issued under this chapter or under the authority of another state.

(b) A person to whom a safety certificate required by Subsection (a) has been issued shall:

(1) carry the certificate when the person operates an all-terrain vehicle on public property; and

(2) display the certificate at the request of any law enforcement officer.

Sec. 663.032. Operation by Person Younger Than 14.
A person younger than 14 years of age who is operating an all-terrain vehicle must be accompanied by and be under the direct supervision of:

(1) the person's parent or guardian; or

(2) an adult who is authorized by the person's parent or guardian.

Sec. 663.033. Required Equipment; Display of Lights.

(a) An all-terrain vehicle that is operated on public property must be equipped with:

(1) a brake system maintained in good operating condition;

(2) an adequate muffler system in good working condition; and

(3) a United States Forest Service qualified spark arrester.

(b) An all-terrain vehicle that is operated on public property must display a lighted headlight and taillight:

(1) during the period from one-half hour after sunset to one-half hour before sunrise; and,

(2) at any time when visibility is reduced because of insufficient light or atmospheric conditions.

(c) A person may not operate an all-terrain vehicle on public property if:

(1) the vehicle has an exhaust system that has been modified with a cutout, bypass, or similar device; or

(2) the spark arrester has been removed or modified, unless the vehicle is being operated in a closed-course competition event.

(d) The coordinator may exempt all-terrain vehicles that are participating in certain competitive events from the requirements of this section.

Sec. 663.034. Safety Apparel Required.
A person may not operate, ride, or be carried on an all-terrain vehicle on public property unless the person wears:

(1) a safety helmet that complies with United States Department of Transportation standards; and

(2) eye protection.

Sec. 663.035. Reckless or Careless Operation Prohibited.
A person may not operate an all-terrain vehicle on public property in a careless or reckless manner that endangers,  injures, or damages any person or property.

Sec. 663.036. Passengers Prohibited.
A person may not carry a passenger on an all-terrain vehicle operated on public property.

Sec. 663.037. Operation on Public Roadway Prohibited.

(a) A person may not operate an all-terrain vehicle on a public street, road, or highway except as provided by this section.

(b) The operator of an all-terrain vehicle may drive the vehicle across a public street, road, or highway that is not an interstate or limited-access highway, if the operator:

(1) brings the vehicle to a complete stop before crossing the shoulder or main traveled way of the roadway;

(2) yields the right-of-way to oncoming traffic that is an immediate hazard; and

(3) makes the crossing:

(A) at an angle of approximately 90 degrees to the roadway;

(B) at a place where no obstruction prevents a quick and safe crossing; and

(C) with the vehicle's headlights and taillights lighted.

(c) The operator of an all-terrain vehicle may drive the vehicle across a divided highway other than an interstate or limited access highway only at an intersection of the highway with another public street, road, or highway.

(d) This section does not apply to the operation of an all-terrain vehicle that is owned by the state, a county, or a municipality by a person who is an authorized operator of the vehicle.

Sec. 663.038. Violation of Chapter; Offense.

(a) A person commits an offense if the person violates a provision of this chapter.

(b) Except as otherwise provided by Title 6 or this title, an offense under this section is a Class C misdemeanor.

Email:  Motorcycle Safety Unit

You can contact the Motorcycle Safety Unit at:

Motorcycle Safety Unit
Texas Department of Public Safety
P O Box 4087
Austin, Texas  78773-0257
Phone: (512) 424-2021
or 1-800-292-5787