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Pete Brewer on ATV's
A safety note from Deputy Sheriff Pete Brewer: As a Deputy Sheriff
in the Geneva area, I often find myself answering questions from concerned citizens regarding the legalities of driving ATV's on the roadways of Seminole County, and thought it might be helpful if I addressed this topic.
- A safety note from Deputy Sheriff Pete Brewer: "According to Florida statute 320.01(1), 3 wheelers, 4 wheelers, dirt bikes, go carts, gas powered scooters, etc are motor vehicles. From a
practical standpoint, this means that any laws relating to automobiles also relates to ATV's. To operate a vehicle on the street, it must be registered and have a license plate. Also, the operator must
have a valid driver's license. Driving an unregistered motor vehicle or driving without a valid license is an arrestable offense in Florida.
Florida statute 320.01 (16) states: "Road" means
the entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic. The courts have interpreted
this definition to include a roadway's right of way, meaning it is just as illegal to drive down the side of the road, as it is to drive down the center. This statute also defines public vs. private
roads to mean that any road which is open to the use of the public is a "road" for the purposes of this statute. Any road that is accessible to the general public does not qualify as a private road,
regardless of who maintains it. A privately maintained dirt road without a closed gate is considered a public access roadway, regardless of the number of "Private Road" signs posted, and it is illegal to
drive ATV's on it.
Another consideration is persons who reside in gated communities. Gated communities may not have an agreement for the Sheriff's Office to enforce civil violations, however,
driving an ATV is a criminal violation and enforceable. Some good examples of public access/private maintenance roads include Winona Rd, Settlers Loop and South Cochran. Driving an ATV on roads like this
carries the same penalties as driving an ATV on State Rd 46. The fines for driving an ATV on the road can run several hundred dollars for the first offense, and can result in the violator having a
criminal record that stays with them forever.
Florida does not currently have a process for obtaining license plates for ATV's, primarily because an ATV does not have the required safety features
required on modern automobiles.
Some citizens have asked about driving golf carts on our roads as opposed to ATV's. Florida statute 316.212 prohibits the operation of golf carts on most roadways
unless that roadway has been designated by the county for golf cart operation. As of this writing, there are no roads designated for golf cart operations in the Geneva, Chuluota or Black Hammock areas.
However, unlike ATV's, golf carts are not considered motor vehicles, which means the consequences of driving one on the road is a citation, not an arrest."
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