ATV Riding Laws – Montana

The use of all off-highway vehicles, including ATVs, is regulated by Title 23, Chapter 2, Part 8 of the Montana code. This statute covers the use of these vehicles on public land as well as private property.

Vehicle Registration

All ATVs that are used on public land must be registered by law. A decal showing proof of registration must be displayed clearly on the vehicle. Montana residents are required to register their ATVs at the County Treasurer’s office where they live.

Unlike many other states, registration is a once-off cost and remains valid until the owners sell their vehicles. Local authorities or county governments are prohibited by law from charging any further fees for the use of ATVs within their jurisdiction.

Non-residents are required to purchase a temporary permit to ride an ATV within the state. Exemptions are accorded the residents of Idaho and North Dakota. However, this permit enables non-residents to ride only on designated trails and not on Montana’s streets and roads.

Non-resident permits are valid for the remainder of the calendar in which they are purchased. ATVs owned by the federal or any state government are exempt from registration under Montana law. The statute also exempts ATVs which are registered in another state and are only being used in Montana for a period less than 30 days.

Statutory Enforcement

The enforcement of the provisions of the statute form part of the responsibilities of the Department of Fish, Wildlife and Parks. In addition to park rangers, the Montana Highway Patrol, sheriffs, and municipal police are tasked with upholding this law.

Although park rangers may not carry firearms in the execution of their duties, they and other authorized officers have the right of search, seizure, and arrest for statutory violations. They also have the right to fully investigate any misdemeanor and to file a report with the County Attorney.

Penalties

In terms of the law, a fine of $50 will be liable for the non-display of a valid decal on an all-terrain vehicle. All fines levied are deposited by the Department of Revenue in the State General Fund.

Operating Regulations

Montana law forbids an ATV from using or crossing a federal interstate highway. On other roads and highways, a vehicle may cross at a 90-degree angle to oncoming traffic.  ATVs may only be ridden on forest roads if these are approved for ATV use.

All ATV riders are required to accept risk and responsibility for any injury or damage caused while using their vehicles. Injury to other persons and damage to the environment must be avoided.

An ATV rider must:

  • Heed all posted warning signs
  • Maintain a reasonable speed at all times
  • Know the limit of the vehicle’s ability to navigate any part of the terrain

An ATV rider may only travel on a public road, street or highway where permitted to do so by a municipality. In doing so, it must have at least one lighted headlamp and one tail lamp, and must be fitted with brakes in good working order.

Children between the ages of 12 and 16 are permitted to ride an ATV only if they possess a Safety Certificate obtained from an authorized organization. They must also be accompanied by another licensed rider.