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ATVs, for many, are fun to ride especially when they are ridden, as intended, off-road. According to Kathy Van Kleeck, vice president of government relations for the Specialty Vehicle Industry Association which represents ATV manufacturers and distributors, ATVs should never be operated on paved or public roads as they do not have on-road tires, other lighting or turn signal equipment.

What is Florida's Law on ATV Use?

In Florida, both all-terrain vehicles (ATVs) and off-highway motorcycles (OHMs) fall under the umbrella of off-highway vehicles (OHVs). Florida does not permit operation of ATVs on any public road, streets, or highways, unless granted permission by a relevant government authority. All OHVs purchased after July 1, 2002, need to be titled in Florida. Riders under 16 are required to wear a helmet and protective gear and pass a safety course.

According to a report by the CFA, 35 states allow ATVs on designated roads, roads as authorized by the authorities having jurisdiction over the road system, limited stretches of roads or on the shoulder of roads. The report also shows that in the past decade, 22 states have enacted laws in varying forms expanding the use of ATVs on public roads, including paved ones.

As laws change allowing ATVs on public roads and highways, the ATV manufacturers need to manufacture the ATVs so they are safe.

NBC-2 reported on April 12, 2015 that an Immokalee man was seriously injured in a Lee County ATV crash the previous night. The Florida Highway Patrol (FHP) said the Honda ATV was going north on Misty Morning Lane approaching the Katydid Lane intersection. When he proceeded to move into the southbound lanes to overtake a vehicle and down shifted the ATV, the ATV decreased speed and the passenger fell off.

What is the ATV industry doing to improve safety?

For its part, the ATV industry has mounted a campaign to improve the image of the recreational vehicles by emphasizing safe riding. They list the “golden rules” of ATV riding, which include: 

• Always wear a helmet
• Never ride on a public road
• Never ride with a passenger
• One size ATV does not fit all

Even though manufacturers are campaigning to improve their image with the "golden rules" list and providing manuals and perhaps safety inserts, it is the ATV manufacturers' responsibility to be sure ATVs are safe for riders. It is their responsibility to warn users of the potential danger of driving ATVs on public roads and highways even should it be lawful to do so. This warning needs to be permanently affixed to ATVs because ATVs are re-sold and the original packaging and information manuals may be lost. Every year children and adults are injured or killed as the result of ATV accidents. In fact, over 100,000 families, according to the CFS (Consumer Federation of America - non-profit consumer advocacy group) are impacted. Many of these accidents occurred because ATVs were ridden off-road.

"If you should be involved in an ATV accident, and you believe it is the fault of another person or manufacturing company, contact Spivey Law Firm, Personal Injury Attorneys, P.A. We have the expertise in ATV accidents to assist you," said Attorney Randall Spivey.

ATV Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.