Hello,
I'm in need of some help. I would like to buy a small go-kart for my boy. A 2hp, 7mph go-kart. My home owners association says it would be in violation of the by laws which prohibit ATVs. Is a go-kart of this size considred an ATV?

I'm arguing with the association to allow it because I think it is not considered an ATV. I'm correct or wrong? If any one can help me support my claim that this little go-kart is not an ATV it would be greatly appreciated.

thanks,
paul72

 

I never considered a go cart as an ATV but depending on how the covenants are written it might be one.

Probably not what your wanting to hear.

Chet

 

Check with the laws in your state (probably with the DNR). Here in MN an "ATV" is a "motorized, floatation tired vehicle with at least three, but no more than six low pressure tires, with an engine displacement of less then 800cc's and a total dry weight of less than 800 lbs." Anything bigger is an ORV.

Actually, I think they just changed that to 900cc's and 900 lbs, or something like that. Either way, most go-karts WOULD be "ATV's" here in Minnesnowta.

 

I do not know how the covenats are written my wife just told me that I got the certified letter from El Presdente today, I'm at work. I need to look it up. I would imagine if the go-kart could be interpreted as an ATV I could make a case that a ridding law mower is even considered more of and ATV because of it's true ability to be driven on grass.

thanks for the reply.

 

By the way I live in Maryland. I have contacted the DNR but do not expect a reply today.

 

Check your state's vehicle code for the "legal" definition of an ATV. However, the CCR's may prohibit other types of motorized vehicles other than cars. One issue they may crack down on is the noise. I like your lawn mower analogy though, hope it works.

 

I think that the definition posted by Pechmial will fit most states. Doesn't matter though - in this case what matters is what the homeowners definition is. Basically, I think you're screwed - Homeowners associations are often ruled by 'history' in that even if you could make your case, they would turn you down because they probably have already turned down a few others in the past.

Jaybee

 

Just a quick update on this issue. I just recieved the verification I was seeking. I hope this info may also help others out there. I was correct a go-kart IS NOT an ATV. The following is expert proof. Thanks for all the helps guys. My munchkin can NOW rid freely.

Paul, to my knowledge, Maryland Law does not define an ATV. It is simply lumped into the category of an unregistered vehicle if apprehended on a public roadway ( I am a retired MD State Trooper). However, the definition of an ATV is very clearly defined by the ATV Manufacturers, the ATV Safety Institute and many other State Governments that do address ATVs in either their vehicle code or DNR Regulations. A go-kart is absolutely not an ATV. The ATV Manufacturers and the ATV Safety Institute define an ATV as follows:

"An abbreviation for All-Terrain Vehicle, which is any motorized off-highway vehicle traveling on three or more low pressure tires, having a seat to be straddled by the operator and handlebar for steering control, and intended for use by a single operator and no passenger."

This definition is the excepted standard nationally. Consequently, if Baltimore County is calling a go-kart an ATV, they are grossly misinformed. A go-kart does not ride on low pressure tires. A go-kart does not have a seat to be straddled and a go-kart does not have a handlebar for steering. Therefore, a go-kart is a go-kart and not an ATV.

I hope this helps out your situation. Feel free to quote me on any of this or refer my name to any Baltimore County regulator. My expertise in ATV safety represents 20 years of experience at the highest levels of the ATV Industry. I am an excepted expert both for Court hearings and throughout the Industry.

>>>>>>>>>>>>&g t;>>>>>>>>>>>> >>>>>>>>>>>>&g t;>>>>>>>>
Buck Warfield, Chief Instructor
ATV Safety Institute
Phone/Fax: (410) 489-4078
email: ATVsafety@att.net
Net: http://www.ATVtraining.com
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You actually listen to a home owners association? isnt that just a bunch of neighborhood busy bodies who have nothing better to do that tell you what color shutters you must have or else... What do they do if you get it anyway?

Im glad I moved to the sticks..

 

Good luck selling that one to the HO orginization. Of course, most HO groups can MAKE many rules but enforcing them is another matter. You may find that if you persist in riding your go cart, the HO will tell you to stop.........and if you don't stop, then they will tell you again. Often, that's about all they can do.

Jaybee