CHAPTER 663. CERTAIN OFF-HIGHWAY VEHICLES - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE G. MOTORCYCLES AND OFF-HIGHWAY VEHICLES

CHAPTER 663. CERTAIN OFF-HIGHWAY VEHICLES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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.

(3) "Recreational off-highway vehicle" has the meaning assigned

by Section 502.001.

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

Amended by Acts 2003, 78th Leg., ch. 115, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1136, Sec. 15, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 472, Sec. 1, eff. Sept. 1,

2001.

Sec. 663.003. RECREATIONAL OFF-HIGHWAY VEHICLES. This chapter

applies to the operator and operation of a recreational

off-highway vehicle in the same manner as if the recreational

off-highway vehicle were an all-terrain vehicle.

Added by Acts 2009, 81st Leg., R.S., Ch.

1136, Sec. 16, eff. September 1, 2009.

SUBCHAPTER B. ALL-TERRAIN VEHICLE OPERATOR EDUCATION AND

CERTIFICATION

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.839, eff.

Sept. 1, 2001.

Sec. 663.018. RULES. The designated division or state agency

may adopt rules to administer this chapter.

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

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. OPERATION OF ALL-TERRAIN VEHICLES

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., ch. 115, Sec. 2, eff. Sept. 1,

2003.

Sec. 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:

(A) 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; or

(B) utility work performed by a utility;

(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.

(d-1) Provisions of this code regarding helmet and eye

protection use, safety certification, and other vehicular

restrictions do not apply to Subsection (d).

(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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 472, Sec. 2, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 483, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

242, Sec. 1, eff. September 1, 2007.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.