ATV Riding Laws – Texas

The Consumer Product Safety Commission put Texas at the top of the list for the number of ATV accident-related deaths in the U.S. from 1982 through 2015. During that time, the Commission reported 780 deaths, including 82 as part of ongoing reporting from 2013 to 2015.

Texas has been diligent about ATV safety and even has an all-terrain vehicle trail and recreational area program. A system of trails is open to the public, but a relevant decal must be obtained, for a fee. The state Transportation Code defines an all-terrain vehicle as one that is not registered for highway use. Laws pertaining to the operation of such vehicles require:

  • Owners to have a title before the sell or dispose of their vehicle.
  • Register their ATV if they intend to ride on public property; registrations must be renewed annually.
  • Operators to carry passengers on public land only if the vehicle has the capacity.
  • Avoidance of public streets unless crossing them, or using a vehicle for agriculture.
  • Riders to possess a safety certificate or be accompanied by an adult who has one when driving on public roads.
  • Children under 14 to ride with a parent or guardian.
  • Operators to have functioning headlights/taillights if driving during nighttime hours.

Safety inspections are not required, but headgear must be worn at all times when operating a vehicle on public land. Riders do not need to have registration, a license, or insurance.

Additional ATV Rules

All-terrain vehicles are regulated by the Department of Public Safety, which oversees provisions that prohibit operation on public roads. If crossing, an operator must completely stop the vehicle before crossing the shoulder or main part of the roadway and yield to oncoming traffic. Crossings must be made at 90-degree angles or in approximation to that, and while the vehicle's lighting is operational. Public streets can be driven on, except for interstate or limited-access highways, if the ATV is being used to support farming operations, has a triangular orange flag attached to an eight-foot-long pole, and the operator has a driver’s license. The use of all-terrain vehicles on such roads is still restricted to the daytime and within 25 miles of an origin point.

Texas Department of Motor Vehicles and State Regulations

State laws for ATVs apply to vehicles that have three or more wheels, are 50 inches wide or less, and are not built for farm or lawn care. Public utility workers and law enforcement officers are permitted to drive on public roads. Any all-terrain vehicle operated on public roads must have, in addition to working lights and an off-highway vehicle decal, brakes, and mufflers, as well as a spark arrestor that meets United States Forest Service qualifications.

Driving on a public road is a Class C misdemeanor in Texas. Violators can receive up to a $500 fine.