Palm Beach County Opt Out & ATV Ordinance Information

[sbripple]

uhhhh   i have been doing that anyhow,even without your permission.Now I have yer permission it makes it all better.

[BGKFX450R]

Hey I live in Palm Beach County (Belle Glade), and I have a New KFX 450R, me and my friends are looking for a place to ride within a 50 mile radius. Our group consist of about 15 riders and we're getting tired of people calling the cops on us every time they see us. If any one knows of anything please let me know.
Thanks,
P.S. I herd of a place called the blocks, a few miles before labelle, but i herd that people were getting tickets for trespassing. If anyone has any info please also let me know, that place is awsome!

[JackL]

Hey I live in Palm Beach County (Belle Glade), and I have a New KFX 450R, me and my friends are looking for a place to ride within a 50 mile radius. Our group consist of about 15 riders and we're getting tired of people calling the cops on us every time they see us. If any one knows of anything please let me know.
Thanks,
P.S. I herd of a place called the blocks, a few miles before labelle, but i herd that people were getting tickets for trespassing. If anyone has any info please also let me know, that place is awsome!

Take 27 south to the Holeylands WMA. Not this weekend, it is closed due to drought, but that shouldn't be much of a haul for you. It is on the WPB/Broward line. The link in my signature has most of the relevant FWC info sites in it.

If you keep going another 20 or so miles and head south on Krome, about 3/4 miles down the road you will find macs fish camp. Pretty much everyone not at L-Cross or Area-51 will be there tomorrow. Not much fun for sport quads, but it beats nothing.

I'll be there at 6:00 AM.

Heck, you should probably just goto L-cross, take some pictures for us!!! The sights will be much better than what i am proposing.

[PBSO_ATV_Deputy_4]

Now that school is out and summer is here, please remember to ride safe and responsibly. I would also like to remind everyone PBC opted out of 316.2123(1) on February 27, 2007, which means riding on unpaved (dirt) roads is prohibited. I stopped a number of riders today who were unaware of the opt out, or were visting from counties that haven't opted out......Thanks

[Gato]

 

[dirtycruiser]

According to the following article local FL counties CAN NOT "OPT OUT" OF THE STATUTE if I am reading this correctly... Read this and see what you think!!!!!!

http://myfloridalegal.com/ago.nsf/Opinions/9B20547093B56727852572AA005A8B8C

[Rare Earth Rider]

PBSO Deputy what about side by sides like polaris ranger its more than 50" and more than 900 lbs. and it has a bench seat for two and a steering wheel not handlebars.

 As used in this section, the term "all-terrain vehicle" means any motorized off-highway vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger. For the purposes of this section, "all-terrain vehicle" also includes any "two-rider ATV" as defined in s. 317.0003.

[TRX450R_Racer]

PBSO Deputy what about side by sides like polaris ranger its more than 50" and more than 900 lbs. and it has a bench seat and a steering wheel not handlebars.

 As used in this section, the term "all-terrain vehicle" means any motorized off-highway vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger. For the purposes of this section, "all-terrain vehicle" also includes any "two-rider ATV" as defined in s. 317.0003.

Your still driving an unregistered vehicle on the street. It doesn't have DOT tires and so on and so on. That is against the law.

[Rare Earth Rider]

In 2006, the Legislature enacted section 316.2123, Florida Statutes,[7] which provides:

"(1) The operation of an ATV, as defined in s. 317.0003,[8] upon the public roads or streets of this state is prohibited, except that an ATV may be operated during the daytime on an unpaved roadway[9] where the posted speed limit is less than 35 miles per hour by a licensed driver or by a minor under the supervision of a licensed driver. The operator must provide proof of ownership pursuant to chapter 317 upon request by a law enforcement officer.
(2) A county is exempt from this section if the governing body of the county, by majority vote, following a noticed public hearing, votes to exempt the county from this section."

Thus, section 316.2123, Florida Statutes, creates a limited exception to the prohibition in section 316.2074, Florida Statutes, for use of ATVs on public roads, by permitting the use of such vehicles during the daytime on unpaved roadways where the speed limit is less than 35 miles per hour by a licensed driver or a minor under the supervision of a licensed driver. A county is permitted to exempt itself from the statute.

Where the Legislature has prescribed the manner in which something is to be done, it effectively operates as a prohibition against its being done in any other manner.[10] Prior to the enactment of section 316.2123, Florida Statutes, counties had no authority to permit the operation of ATVs on the streets and highways of this state. The intent of the Legislature in enacting section 316.2123 appears to have been to permit the limited use of ATVs during daylight hours on certain roadways by licensed drivers or minors under the supervision of a licensed driver, and to allow a county to exempt itself from such an authorization.[11] In such a case, the provisions of section 316.2074, Florida Statutes, would prohibit the use of ATVs on the public roads and highways. I have found nothing in either the language of the statute or in the legislative history surrounding the enactment of section 316.2123 which permits a county to partially opt-out of the statute or otherwise grants the county authority to regulate in this area.

Accordingly, I am of the opinion that the county may not partially opt-out of the provisions of section 316.2123, Florida Statutes.

Sincerely,

Bill McCollum
Attorney General

[Rare Earth Rider]

Any ways most of the time I trailer mine and go to a place thats safe to ride. $$$$$$$$ 

[TRX450R_Racer]

In 2006, the Legislature enacted section 316.2123, Florida Statutes,[7] which provides:

"(1) The operation of an ATV, as defined in s. 317.0003,[8] upon the public roads or streets of this state is prohibited, except that an ATV may be operated during the daytime on an unpaved roadway[9] where the posted speed limit is less than 35 miles per hour by a licensed driver or by a minor under the supervision of a licensed driver. The operator must provide proof of ownership pursuant to chapter 317 upon request by a law enforcement officer.
(2) A county is exempt from this section if the governing body of the county, by majority vote, following a noticed public hearing, votes to exempt the county from this section."

Thus, section 316.2123, Florida Statutes, creates a limited exception to the prohibition in section 316.2074, Florida Statutes, for use of ATVs on public roads, by permitting the use of such vehicles during the daytime on unpaved roadways where the speed limit is less than 35 miles per hour by a licensed driver or a minor under the supervision of a licensed driver. A county is permitted to exempt itself from the statute.

Where the Legislature has prescribed the manner in which something is to be done, it effectively operates as a prohibition against its being done in any other manner.[10] Prior to the enactment of section 316.2123, Florida Statutes, counties had no authority to permit the operation of ATVs on the streets and highways of this state. The intent of the Legislature in enacting section 316.2123 appears to have been to permit the limited use of ATVs during daylight hours on certain roadways by licensed drivers or minors under the supervision of a licensed driver, and to allow a county to exempt itself from such an authorization.[11] In such a case, the provisions of section 316.2074, Florida Statutes, would prohibit the use of ATVs on the public roads and highways. I have found nothing in either the language of the statute or in the legislative history surrounding the enactment of section 316.2123 which permits a county to partially opt-out of the statute or otherwise grants the county authority to regulate in this area.

Accordingly, I am of the opinion that the county may not partially opt-out of the provisions of section 316.2123, Florida Statutes.

Sincerely,

Bill McCollum
Attorney General

That still doesn't change what I wrote.

[Rare Earth Rider]

That's cool 

[dirtycruiser]

 trx450r....... said- "Your still driving an unregistered vehicle on the street."

 My quad is registered with the state of Florida, isn't that what a "title" is for???

[PBSO_ATV_Deputy_4]

Dirtycruiser,
I've never heard of a "partial opt-out." Counties that opt-out do so completely, including all cities within the county. ATVs are OHV registered for identity/ownership purposes only and allows for use on approved public lands and unpaved roads in Non-Opt Out counties. Side-by-sides are prohibited on all public roadways, the violation being an unregistered motor vehicle, meaning no license tag or insurance.
Tater,
The side-by-sides, such as Polaris Rangers and Yamaha Rhinos are classified as recreational Off-Highway Vehicles, not ATVs, per 317.0003. When they mention "2-seater ATVs" they are referring to the Can Am and others designed to carry an operator and passenger. Side-by-sides are currently allowed in the Corbett WMA because of this distinction, such as wheelbase and use of a steering wheel to turn and not straddled.

[trx#9]

Why is it legal to drive a bull dozer down a highway or law mower. I guess we need to put a lawn mower blade underneath our quads or a bucket on the front. I would also like to know the names of these communities that complain about noise. I'm going to organize a harley davidson group ride down there streets at 2:00 am.

[sbripple]

no it only makes sense to a few .The ones that need such laws to justify their existance.

[Rare Earth Rider]

Thanks PBSO for the reply If I every get pulled by the s/o hope its you maybe we can get a break you seem very fair later.