2005 Texas Transportation Code CHAPTER 663. ALL-TERRAIN VEHICLES

TRANSPORTATION CODE

CHAPTER 663. ALL-TERRAIN VEHICLES

SUBCHAPTER A. GENERAL PROVISIONS


	§ 663.001. DEFINITIONS.  In this chapter:                                   
		(1)  "All-terrain vehicle" means a motor vehicle that 
is:                   
			(A)  equipped with a saddle for the use of:                                  
				(i)  the rider;  and                                                        
				(ii)  a passenger, if the motor vehicle is 
designed by the manufacturer to transport a passenger;
			(B)  designed to propel itself with three or four 
tires in contact with the ground;
			(C)  designed by the manufacturer for off-highway 
use by the operator only;  and
			(D)  not designed by the manufacturer for farming 
or lawn care.            
		(2)  "Public property" means property owned or leased 
by the state or a political subdivision of the state.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2003, 78th Leg., ch. 115, § 1, eff. Sept. 1, 2003.


	§ 663.002. NONAPPLICABILITY OF CERTAIN OTHER LAWS.  (a) 
Except as provided by Section 663.037, Chapter 521 does not apply to 
the operation or ownership of an all-terrain vehicle registered for 
off-highway operation.
	(b)  Chapter 332, Acts of the 60th Legislature, Regular 
Session, 1967 (Article 4413(29c), Vernon's Texas Civil Statutes), 
does not apply to instruction in the operation of an all-terrain 
vehicle provided under the operator education and certification 
program established by this chapter.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 472, § 1, eff. Sept. 1, 2001.

SUBCHAPTER B. ALL-TERRAIN VEHICLE OPERATOR EDUCATION AND 
CERTIFICATION


	§ 663.011. DESIGNATED DIVISION OR STATE AGENCY.  The 
governor shall designate a division of the governor's office or a 
state agency to establish and administer an all-terrain vehicle 
operator education and certification program.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 663.012. PURPOSE OF PROGRAM.  The purpose of the 
all-terrain vehicle operator education and certification program 
is to make available courses in basic training and safety skills 
relating to the operation of all-terrain vehicles and to issue 
safety certificates to operators who successfully complete the 
educational program requirements or pass a test established under 
the program.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 663.013. ALL-TERRAIN VEHICLE SAFETY COORDINATOR.  (a) 
The designated division or state agency shall employ an all-terrain 
vehicle safety coordinator.
	(b)  The coordinator shall supervise the all-terrain vehicle 
operator education and certification program and shall determine:
		(1)  locations at which courses will be offered;                              
		(2)  fees for the courses;                                                    
		(3)  qualifications of instructors;                                           
		(4)  course curriculum;  and                                                  
		(5)  standards for operator safety certification.                             
	(c)  In establishing standards for instructors, curriculum, 
and operator certification, the coordinator shall consult and be 
guided by standards established by recognized all-terrain vehicle 
safety organizations.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 663.014. CONTRACTS.  To administer the education 
program and certify all-terrain vehicle operators, the designated 
division or state agency may contract with nonprofit safety 
organizations, nonprofit educational organizations, or agencies of 
local governments.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 663.015. TEACHING AND TESTING METHODS.  (a) If the 
all-terrain vehicle safety coordinator determines that vehicle 
operation is not feasible in a program component or at a particular 
program location, the operator education and certification program 
for persons who are at least 14 years of age may use teaching or 
testing methods that do not involve the actual operation of an 
all-terrain vehicle.
	(b)  An operator safety certificate may not be issued to a 
person younger than 14 years of age unless the person has 
successfully completed a training course that involves the actual 
operation of an all-terrain vehicle.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 663.016. FEE FOR COURSE.  A person may charge, for a 
course under the all-terrain vehicle operator education and 
certification program, a fee that is reasonably related to the 
costs of administering the course.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 663.017. DENIAL, SUSPENSION, OR CANCELLATION OF 
APPROVAL.  (a) The designated division or state agency may deny, 
suspend, or cancel its approval for a program sponsor to conduct or 
for an instructor to teach a course offered under this chapter if 
the applicant, sponsor, or instructor:
		(1)  does not satisfy the requirements established 
under this chapter to receive or retain approval;
		(2)  permits fraud or engages in fraudulent practices 
with reference to an application to the division or agency;
		(3)  induces or countenances fraud or fraudulent 
practices by a person applying for a driver's license or permit;
		(4)  permits or engages in a fraudulent practice in an 
action between the applicant or license holder and the public;  or
		(5)  fails to comply with rules of the division or 
agency.                  
	(b)  Before the designated division or agency may deny, 
suspend, or cancel the approval of a program sponsor or an 
instructor, notice and opportunity for a hearing must be given as 
provided by:
		(1)  Chapter 2001, Government Code;  and                                      
		(2)  Chapter 53, Occupations Code                                             

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.839, eff. Sept. 1, 2001.


	§ 663.018. RULES.  The designated division or state 
agency may adopt rules to administer this chapter.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 663.019. EXEMPTIONS.  The designated division or state 
agency by rule may temporarily exempt the residents of any county 
from Section 663.015 or from Section 663.031(a)(1) until the 
appropriate education and certification program is established at a 
location that is reasonably accessible to the residents of that 
county.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER C. OPERATION OF ALL-TERRAIN VEHICLES


	§ 663.031. SAFETY CERTIFICATE REQUIRED.  (a) A person may 
not operate an all-terrain vehicle on public property unless the 
person:
		(1)  holds a safety certificate issued under this 
chapter or under the authority of another state;
		(2)  is taking a safety training course under the 
direct supervision of a certified all-terrain vehicle safety 
instructor;  or
		(3)  is under the direct supervision of an adult who 
holds a safety certificate issued under this chapter or under the 
authority of another state.
	(b)  A person to whom a safety certificate required by 
Subsection (a) has been issued shall:
		(1)  carry the certificate when the person operates an 
all-terrain vehicle on public property;  and
		(2)  display the certificate at the request of any law 
enforcement officer. 

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 663.032. OPERATION BY PERSON YOUNGER THAN 14.  A person 
younger than 14 years of age who is operating an all-terrain vehicle 
must be accompanied by and be under the direct supervision of:
		(1)  the person's parent or guardian;  or                                     
		(2)  an adult who is authorized by the person's parent 
or guardian.         

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 663.033. REQUIRED EQUIPMENT;  DISPLAY OF LIGHTS.  (a) 
An all-terrain vehicle that is operated on public property must be 
equipped with:
		(1)  a brake system maintained in good operating 
condition;                 
		(2)  an adequate muffler system in good working 
condition;  and             
		(3)  a United States Forest Service qualified spark 
arrester.               
	(b)  An all-terrain vehicle that is operated on public 
property must display a lighted headlight and taillight:
		(1)  during the period from one-half hour after sunset 
to one-half hour before sunrise;  and
		(2)  at any time when visibility is reduced because of 
insufficient light or atmospheric conditions.
	(c)  A person may not operate an all-terrain vehicle on 
public property if:  
		(1)  the vehicle has an exhaust system that has been 
modified with a cutout, bypass, or similar device;  or
		(2)  the spark arrester has been removed or modified, 
unless the vehicle is being operated in a closed-course competition 
event.
	(d)  The coordinator may exempt all-terrain vehicles that 
are participating in certain competitive events from the 
requirements of this section.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 663.034. SAFETY APPAREL REQUIRED.  A person may not 
operate, ride, or be carried on an all-terrain vehicle on public 
property unless the person wears:
		(1)  a safety helmet that complies with United States 
Department of Transportation standards;  and
		(2)  eye protection.                                                          

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 663.035. RECKLESS OR CARELESS OPERATION PROHIBITED.  A 
person may not operate an all-terrain vehicle on public property in 
a careless or reckless manner that endangers, injures, or damages 
any person or property.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 663.036. CARRYING PASSENGERS.  A person may not carry a 
passenger on an all-terrain vehicle operated on public property 
unless the all-terrain vehicle is designed by the manufacturer to 
transport a passenger.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2003, 78th Leg., ch. 115, § 2, eff. Sept. 1, 2003.


	§ 663.037. OPERATION ON PUBLIC ROADWAY PROHIBITED.  (a) A 
person may not operate an all-terrain vehicle on a public street, 
road, or highway except as provided by this section.
	(b)  The operator of an all-terrain vehicle may drive the 
vehicle across a public street, road, or highway that is not an 
interstate or limited-access highway, if the operator:
		(1)  brings the vehicle to a complete stop before 
crossing the shoulder or main traveled way of the roadway;
		(2)  yields the right-of-way to oncoming traffic that 
is an immediate hazard;  and
		(3)  makes the crossing:                                                      
			(A)  at an angle of approximately 90 degrees to 
the roadway;               
			(B)  at a place where no obstruction prevents a 
quick and safe crossing;  and
			(C)  with the vehicle's headlights and taillights 
lighted.                 
	(c)  The operator of an all-terrain vehicle may drive the 
vehicle across a divided highway other than an interstate or 
limited access highway only at an intersection of the highway with 
another public street, road, or highway.
	(d)  The operator of an all-terrain vehicle may drive the 
vehicle on a public street, road, or highway that is not an 
interstate or limited-access highway if:
		(1)  the transportation is in connection with the 
production, cultivation, care, harvesting, preserving, drying, 
processing, canning, storing, handling, shipping, marketing, 
selling, or use of agricultural products, as defined by Section 
52.002, Agriculture Code;
		(2)  the operator attaches to the back of the vehicle on 
top of an eight-foot-long pole a triangular orange flag;
		(3)  the vehicle's headlights and taillights are 
illuminated;               
		(4)  the operator holds a driver's license, as defined 
by Section 521.001;  
		(5)  the operation of the all-terrain vehicle occurs in 
the daytime;  and   
		(6)  the operation of the all-terrain vehicle does not 
exceed a distance of 25 miles from the point of origin to the 
destination.
	Provisions of this code regarding helmet and eye protection 
use, safety certification, and other vehicular restrictions do not 
apply to this subsection.
	(e)  The director of the Department of Public Safety shall 
adopt standards and specifications that apply to the color, size, 
and mounting position of the flag required under Subsections (d)(2) 
and (g)(2).
	(f)  Except as provided by Subsection (g), this section does 
not apply to the operation of an all-terrain vehicle that is owned 
by the state, a county, or a municipality by a person who is an 
authorized operator of the vehicle.
	(g)  A peace officer may operate an all-terrain vehicle on a 
public street, road, or highway that is not an interstate or 
limited-access highway only if:
		(1)  the transportation is in connection with the 
performance of the officer's official duty;
		(2)  the officer attaches to the back of the vehicle on 
top of an eight-foot-long pole a triangular orange flag;
		(3)  the vehicle's headlights and taillights are 
illuminated;               
		(4)  the officer holds a driver's license, as defined by 
Section 521.001;  and
		(5)  the operation of the all-terrain vehicle does not 
exceed a distance of 25 miles from the point of origin to the 
destination.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 472, § 2, eff. Sept. 1, 2001;  Acts 
2003, 78th Leg., ch. 483, § 1, eff. Sept. 1, 2003.


	§ 663.038. VIOLATION OF CHAPTER;  OFFENSE.  (a) A person 
commits an offense if the person violates a provision of this 
chapter.
	(b)  Except as otherwise provided by Title 6  or this title, 
an offense under this section is a Class C misdemeanor.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.