How can your ATV be street legal? I have a 2005 ATV with everything including a license, horn and mirrors on both sides. The department of licensing, the ISP,the sheriffs.They are all telling me my ATV can not be driving on the streets of Hayden ID or anywhere else in Idaho on the streets of ID. Here is what a few of the governing people say when I emailed them.

Greg,


The state of Idaho allows motorcycle license plates to be issued to ATV's solely to help reduce the problems many registrants encounter when operating these vehicles in the environment in which they are designed for; off-road and on un-improved roads. This accommodation is driven by the various interpretations law enforcement agencies through out Idaho make on what is considered to be an unimproved roadway; some jurisdictions are quite liberal while others are rather strict in their interpretations.




Although ATV's are motorcycle like, because they have four or more wheels, it would require them to be equipped with the same equipment as is required of a passenger car or truck for them to be considered to be street legal. The manufacturers of these vehicles are aware of this limitation and specifically state on the original Manufacturers Certificate or Statement of Origin for each vehicle that they cannot be operated on the public roadways. The State of Idaho agrees with this limitation



Our department prints a disclaimer on the registration of all motorcycle and ATV registrations which states the registration in itself does not imply that the vehicle is equipped to be operated on the public roadways. We advise all 4-wheeled ATV customers that these vehicles cannot be made street legal and that they should contact the law enforcement agency, in the specific area in which they intend to operate their ATV, to see where they can operate their vehicle and to determine what type of registration, etc, they are required to have to operate within that area.

Thank you,
Caitlin Duke
Vehicle Services
Special Plates
(208) 334-8654
fax (208) 334-8542

This is from LT Chris Schenck, 772-6055 Idaho State Police

Since your original email I have been researching the issue. I have found there is much confusion surrounding the issue. I spoke with motor vehicle licensing at both Kootenai County and the head licensing division in Boise. Both told me the same answer; you cannot legally ride your atv on the paved roads. The title paperwork for your ATV states off highway only. The reasoning you can get a license plate is for crossing paved roads. There are several areas in the state which the practice may be allowed, but it is usually in the smaller communities or outlying areas. Several of these communities have specific routes or events where it is allowed. Either way, it is technically not legal, per ITD motor vehicle licensing.

There is a committee being formed to look more in depth at the issue. The committee formation is from the confusion across the state about the rules for these vehicles.

I have included a few websites for you to access.

I hope this helps. If you wish to phone we can talk about it in person, Lt Chris Schenck, 772-6055.

http://itd.idaho.gov/dmv/ you can access the actual laws as they apply to you. the 49 code is motor vehicles

http://www.atvidaho.info/index.php This is an Idaho website on ATV's and rules

http://www.idahoatv.org/ Another Idaho ATV page with info

http://www.atvsafety.gov/state/idaho.html site which includes some of the applicable laws, most regarding off highway use.

So who do we talk to to see if we can drive our street legal ATV on the streets of Hayden Id? Does anyone have a anwer to my question? I talk to the department of transportation of licensing, they said they did not have an answer. They said to talk to the sheriffs office, I did and they said to talk to the ISP, I did,so now what or who do I talk to? I can not find anything in the Idaho statues that says that ATVs can not be driving on paved roads. The streets of hayden are not paved but rock and hot oiled, That is not paved. Does anyone Know? thanks Greg Morethanrich

 

Major Steve Jones
Patrol Operations
Idaho State Police
(208) 884-7204


Hi Major Steve Jones

Are you saying that if we can drive our ATVs on the streets of Hayden Id if our Atvs have a horn, mirrors, headlight, tailight, brakelight, license plate, Insurance and registration, that we are able to drive on the streets of Hayden Id? My 05 ATV has all that equipment, I put the horn on and the mirrors on it has everything else also. Thanks Greg gregfre@adelphia.net

 

Where can you legally drive on paved roads? what county are you in? Thanks Greg

 

My ATV has all the equipment mirror, horn, lights and so on, But the ISP in Hayden still says it is not legal to drive on the paved roads. What County do you live in and how do I get the copy of IDPR regs and the Idaho Statutes that show that I am legal? I have gone over and over on the statues and can not find where they are legal or elegal on paved roads.Thanks Greg

 

This is the reply I got from Major Steve Jones with the ISP concerning ATV on roads....

"Idaho law allows local jurisdictions (cities and counties) to designate specific roads where ATVs may be legally operated. In order for any motor vehicle, including ATVs, to be legally operated on any other (non-designated) paved road, all equipment requirements of Idaho code must be met. These requirements may be found in Title 49, Chapter 9 of Idaho Statutes. (http://www3.state.id.us/idstat/TOC/49009KTOC.html ) If your ATV meets all of these requirements, it would be legal under the present law to operate on a paved road."

The regs published by the IDPR support Major Jones's statement and specifically state that ATVs can be operated on roads (including paved roads) if they meet the equipment requirements I've listed before.

The problem is that local law enforcement officers and even different officers within the ISP are interpreting the current law in different ways. The biggest change that the ITD is trying to make to the Idaho Statutes is to add the Federal Motor Vehicle Safety Standards to Title 49. It is pretty much impossible to make an ATV that meets these regs which includes windshields, wipers, turn signals, airbags, DOT tires, etc. But again, they are leaving it up to individual counties to designate certain paved roads that ATVs can drive on, so the confusion as to where you can ride is not going to get any better as you go from one county to another.

Like I said before, I carry a copy of the Idaho Statutes, the IDPR regs and the letter from Major Jones with me on my ATV. If I ever got stopped, I could show the officer all of these documents to support my legal right to be on the road.

 

Would you mind emailing me the copys of the Idaho Statutes, the IDPR regs and the letter from Major Jones? I have called Major Jones but only got his voice mail. It would be nice to drive my ATV on the streets like yourself and have the papers to show. I would appriecate it. Thanks Greg gregfre@adelphia.net

 

What is your email address? It would probably be easiest to forward Major Jones's letter directly to you.

You can get the IDPR regs at www.idahoparks.org. Click on recreation and then motorbikes/atvs. Select "Download the guide to equipment and registration requirements" and it will open a .pdf file of their Motorbike/ATV brochure. Check out Section 2 - On Highway Requirements. It specifies what equipment is needed and which State Statute you can find the specific regs. The State Statutes would be a huge file to email to you, but you can go directly to the website and view them for yourself. Go to www3.state.id.us and click on Idaho Statutes - Table of Contents. Title 49, Chapter 9 deals with motor vehicle equipment.

It seems to be the Idaho Transportation Department that has the problem with ATVs operating on roads and they are the ones trying to change the current legislation. I don't understand their reasoning because they could not give us any stats to show that there is a safety issue, If they really don't want ATVs on Idaho roads, why are they still leaving it up to the individual counties to designate roads where we can operate?

 

99ajax,
IDPR regulation brochure states, "The following are only some of the requirements to operate a motorbike or ATV on roads,...." When I read that a while back, I knew it muddy the waters.
However, it's important to note a few things. Commisioners now can designate roads without major hearings. Two, the more rural the county is, the easier it is designate streets within the county, especially with the local county sheriff supporting it. Three, most commissioners meetings are open public hearings. Fourth, even Ada County has already designated some roads above the City of Boise as designated roads for ATVs and off-road motorcycles can travel upon (upper 8th Street and Rocky Canyon Road).
LW.

 

Well, it looks like this legislation is moving right along. It is currently known as House Bill 0187. On the good side, they are keeping the license plates so we don't get screwed out of being able to ride on roads in other states.

I have been very against this legislation because we have never had an issue driving on paved roads around here (if you have a license). If it does pass, paved roads would be officially off limits. Our county commissioners are so lame it would take them forever to actually pass ordinances to make certain paved roads accessible to ATVs. I guess I'll just have to rely on the fact that our local law enforcement has better things to do than harrass those of us that ride on paved roads to access trails, plow our friend's driveways, fill up with fuel, move irrigation pipe, manage our cattle, or even ride to work on nice days. Heck, the sheriff's own brother and dad have land on both sides of the state hwy and they ride their ATVs up an down it all the time to go to each other's houses or look for their dogs or feed the cattle, etc.

 

I've been following your plight, here in Montana, the state required all ATV's to have a forrest registeration and a liscence plate. In addition all ATV had to have brake lites, horn and a rear view mirror. Upon meeting these requiretments all ATV where street legal and have the same rights as a motorcycle on the roadways.

The state realised they may of made a mistake, as there are ATV on alot of roads, they tryed to change the rules and force hiway type of tire but that was shot down. So for now ATV s are allowed on all roads.