23-2-824. Operation on public roads, streets, and highways. (1) A person may operate an off-highway vehicle on a controlled-access highway or facility only if the vehicle is registered and licensed under 61-3-301 and the operator possesses a license to drive the vehicle issued under Title 61, chapter 5.

(2) Off-highway vehicle operation is permitted on the roadway or shoulder of any public road or highway, state highway, county road, or city street located within the boundaries of any municipality only if:

(a) the operator has received permission or is otherwise authorized for that travel by the municipality in the case of town or city streets, the board of county commissioners for county roads, or the state highway patrol for all other highways; or

(b) operation is authorized on municipal streets by municipal ordinance.

(3) (a) Except as provided in subsection (3)(b), an off-highway vehicle may not be operated as allowed under subsection (2) unless it is equipped with at least one headlamp and one taillamp, which must be lighted at all times during operation, and unless it is equipped with a suitable braking device operable by either hand or foot.

(b) A motorcycle or quadricycle that is not subject to the provisions of Title 61, chapter 9, is exempt from the requirements in subsection (3)(a).

(4) (a) Except as provided in subsection (4)(b), a person who operates an off-highway vehicle when allowed under subsection (2) must have in the person's possession a license to drive a motor vehicle issued under Title 61, chapter 5.

(b) An operator is exempt from the requirement to possess a license when operating an off-highway vehicle as allowed under subsection (2) if the person:

(i) is under 16 years of age but at least 12 years of age;

(ii) at the time of operation of the off-highway vehicle, has in the person's possession a certificate showing the successful completion of an off-highway vehicle safety education course approved by the department of fish, wildlife, and parks and is in the physical presence of a person who possesses a license to drive a motor vehicle; and

(iii) is operating a motorcycle or quadricycle that is not subject to the provisions of Title 61, chapter 9.

(5) A person under 12 years of age may operate a motorcycle or quadricycle on unpaved roads or highways if the person is accompanied by an adult and the motorcycle or quadricycle is operated in a reasonable and prudent manner. The provisions of 61-9-417 apply to the operation of a motorcycle or quadricycle under this subsection.

History: En. Sec. 1, Ch. 106, L. 2011; amd. Sec. 1, Ch. 434, L. 2017.