ATV Florida Forum

The new ATV law adopted by the 2006 Florida legislature states:
The operation of an ATV, as defined in F.S.S. 317.0003, 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 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.
ATV operation on dirt roads is ILLEGAL
The posted maximum speed limit for ATV use on an unpaved road must be less than 35mph.  if there is no posted speed limit on an unpaved road the statutory (default) speed limit is 55 mph applies (sections 316.189 and 316.783), making ATV use illegal.  operation of an ATV on dirt roads must be during daylight hours.

Safety Tips:

• Wear a helmet and eye protection at all times and other protective clothing suitable to the environment
• Do not carry passengers on an ATV.
• Do not let young or inexperienced riders operate ATVs without training and supervision.
• Do not use alcohol or other drugs when driving.
• Always maintain a safe distance between riders.  Tailgating can lead to collisions and injuries.
• Always let someone know where you are riding.
• Never ride alone.
• Obey the laws.
• Stay on trails designated for ATVs.
• Be aware of the weather conditions.
• Know the area you are riding in.
• Always ride at a safe and responsible speed.  Know your abilities and don't exceed those levels.
• Make sure the ATV is in safe working condition:always check before heading out.
• Check the level of gas in the tank.

The recommended age for a particular size ATV may not be the best choice for your child.  Please remember even though a child may fall into the age category, they may not possess the strength, skills and judgement necessary to operate that vehicle.
Riders under age 16 should be supervised by an adult at all times and should only be allowed to ride an AYV that is recommended for their age group.

Minimum Age                      ATV Size
6 years & older.................... Under 70cc
12 years & older.................. 70-90cc
16 years & older.................. Over 90cc

ASK THE DEPUTY

Since the new law has passed, am I allowed to drive my ATV on the road?
Although Florida law allows ATVs to travel on dirt roads.  Hernando County has chosen not to let ATVs travel on any roadways or right-of-ways, due to safety concerns for the riders and other vehicles.

Am I allowed to take scrap material from a construction site?
The answer is no, the majority of construction sites have no trespassing signs and just walking on the property to look around constitutes trespassing upon a construction site, which is a serious crime.  The only given exception would be if verified permission was given by the contractor.

Can I drive my vehicle on power line access roads?
The county ordinance states that only emergency or utility vehicles are allowed to drive on utility access roads or water retention areas.

What are the laws regarding mopeds and motorcycles 50cc or less?
In order to operate either a moped or a motorcycle 50cc or less, the operator of said vehicle must have a valid vehicle license.  All mopeds and motorcycles operating upon the roadway of this state are required to be registered with the Department of Highway Safety and Motor Vehicles.  Riders / Passengers 15 years of age are required to wear helmets and eye protection devices.  Riders / Passengers 16 years of age or older are not required to wear this protective equipment. F.S.S. 346.211 91) (2)

Can I ride my ATV or four-wheeler in retention areas or dried up lakebeds?
NO.  Vehicles are not allowed to be driven on lake beds regardless if it's public or private property.  A first time violation of this ordinance will result in a $50.00 fine.  Per Hernando County Ordinance: it shall be a violation of this section for any motor vehicle, including motorcycles and ATVs to be in, on, or upon any lakes, ponds, or county drainage retention areas regardless whether the drainage retention area is denoted as such by a sign or other notice.  It shall further be a violation of this ordinance for any motor vehicle including recreational or camper type vehicle, motorcycles and ATVs to be in, on, or upon any right-of-way, easement, or utility property with electrical apparatus or equipment including, but not limited to electric towers, electric, transmission lines, poles, or other support structures, fans, cooling apparatus, or transformers where the utility is regulated by the state public service commission or the natural rural utilities service.

Also, I typed this out from the HCSO's "Behind The Star" paper we got.

So if Im correct this is Herndando county, not everyone?

Yes, but make sure to check for your county.

There is no F.S. 316.783.  What is being referred to is 316.183.  The default speed limit is 55 unless in a business or residential area or posted otherwise.  If in a residential area, the default is 30 mph and these default speed limits only pertain to county roads.  Assuming your county has not opted out, even if the speed limit was not posted on the road, the mere presence of a house or business could be used to argue the default of 30 mph.