About
An all-terrain vehicle (ATV) is any self-propelled vehicle with two or more wheels that is manufactured for sale to be used primarily off-highway or in off-road competitions, and that is no wider than 70 inches and weighs no more than 1,000 pounds. This excludes vehicles manufactured for off-highway use and designed exclusively for travel on snow or ice, and supported by one or more skis, belts or cleats that utilize an endless belt tread. Those vehicles, including snowmobiles, are subject to other laws and regulations.
ATV Operators
Who May Operate an ATV
You do not need a driver license to operate an ATV in New York State, but certain restrictions apply to operators under age 16.
If you are age 14 to 15, you may operate an ATV only:
- under adult supervision; or,
- without adult supervision on lands owned or leased by your parent or guardian; or,
- on any lands where ATV use is permitted, without adult supervision, if you have completed an ATV safety training course approved by the DMV. You must carry your course completion certificate when you operate any ATV.
If you are under age 14, you may operate an ATV only:
- under adult supervision; or,
- without adult supervision on lands owned or leased by your parent or guardian.
You can operate an ATV on public lands where signs indicate that ATV use is allowed. Only operate an ATV on private property if you have permission from the property owner.
Adult Supervision means being accompanied by a person at least 18 years of age, or a person 16 or 17 years of age who holds an ATV safety course completion certificate from the ATV Safety Institute (ASI).
Responsibility of Parents and Owners
A parent or guardian may not knowingly permit or authorize a child under age 16 to operate an ATV in violation of state or local laws. An ATV owner, or another person in possession of an ATV, may not knowingly permit or authorize any person under age 16 to operate an ATV in violation of any state or local law.
Both the owner and the operator of an ATV may be held liable for injury and/or damages resulting from an ATV crash.
Safe Operation of ATVs
Required Equipment
Whether you are the operator or passenger, you must wear a USDOT-approved helmet when riding an ATV. DMV recommends that you also wear a face shield or goggles and protective clothes and footwear.
Your ATV must have the following equipment:
- Brakes that are in good condition
- A muffler that is in good operating condition and meets federal standards
- A spark arrester approved by the U.S. Forest Service
- Tires with at least 2/32nds of an inch tread without visible breaks, cuts, exposed cords, bumps or bulges
- A lighted white headlight and red taillight (if the ATV is driven at night)
The law requires you to keep the ATV's headlight and taillight lit when riding 30 minutes after sunset to 30 minutes before sunrise. For greater safety, DMV recommends you keep the lights on at all times.
Crossing Highways
DMV recommends you avoid crossing a highway unless it is absolutely necessary. If you must cross, follow these rules:
- Cross at an angle of approximately 90 degrees, at a place without obstructions to allow for a quick, safe crossing.
- Come to a complete stop and yield the right-of-way to traffic on the highway before crossing.
- Cross a divided highway only where it intersects with another street or highway.
- Do not cross an interstate highway or any controlled-access highway, such as the Thruway or a parkway, at any time.
On Highways
Do not operate an ATV on a highway unless it has been designated and posted for ATV use by the state or local authority. Usually, only the part of a highway between two off-highway trails will be posted for ATV use. Check with local police to be sure. DMV recommends that you turn your headlights and taillights on and wear bright, reflective clothing whenever you ride on a highway. Always enter the highway with care and yield to other traffic.
On Public Land
Do not operate an ATV on public land unless it is specifically designated for ATV use, and it is allowed by a posted sign.
On Private Land
To operate an ATV on private land, you must have permission from the land owner or lessee. If you receive permission, make sure you know the boundaries of the property, and respect any special restrictions or requests of the land owner. You could lose permission to ride on private land by littering, causing damage, or riding carelessly.
Riding Restrictions
You may not operate an ATV in the following circumstances:
- Other than while seated on the permanent, regular seat.
- With a passenger, unless the ATV is designed to carry a passenger.
- At a speed too fast for existing conditions or potential hazards.
- In a careless, reckless or negligent manner.
- While intoxicated or impaired by alcohol or drugs.
- On the tracks or right-of-way of a railroad.
- On a highway, if the ATV is equipped with studded tires other than automobile-type studs.
- In a tree nursery or planting in a manner which damages or destroys growing stock or creates a substantial risk of damage or destruction.
- Within 100 feet of a dwelling between midnight and 6 A.M. at a speed greater than necessary to keep the ATV moving.
- While pulling a person on skis, a toboggan, sleigh, sled or trailer, unless the device is attached to the ATV by a tow-bar or other rigid connection.
- On the ice or public water within 100 feet of a person, fishing shanty or shelter at a speed greater than necessary to keep the ATV moving.
- Over an area cleared of snow for skating, unless necessary for access to public waters.
Local Laws
No locality may require its own ATV licenses or registrations, but it may impose additional restrictions or rules on ATV operation. Find out about special ATV rules in your area, and obey them.
Special Events
The person(s) or organization(s) in charge of running an ATV special event or off-road competition must apply to the local jurisdiction for written authorization at least 30 days in advance unless it is held entirely on private property.
Crashes
If you are involved in a crash with your ATV, you must give your name and address, the name and address of the ATV owner and the plate number to injured persons, the owners of damaged property, and/or the police. You also must show proof of insurance to persons claiming to have suffered injury or damage. If property is damaged, and you cannot locate the owner, you must give the above information to police as soon as possible.
You must immediately report to the police any crash that involves death, personal injury or damage estimated at $600 or more to the property of any one person.
You must also file a Report of Motor Vehicle Crash (PDF) (MV-104) with the Department of Motor Vehicles about a crash that results in a fatality, personal injury, or property damage estimated at $1,000 or more. You must file the report within 10 days of the crash and send a copy to the county sheriff or police commissioner.
If you are incapacitated, the written report may be filed by another party familiar with the crash. The investigating police officer must also file a written report, but that does not relieve you of your legal responsibility to file one.
Failure to report a crash is a misdemeanor. A conviction may result in suspension or revocation of your safety training certificate and/or the ATV registration.
The Department of Motor Vehicles may suspend your safety training certificate and/or the ATV registration until you file an acceptable written report.
Additional information can be found at: Register an ATV
Safety Training and Information
ATV safety training courses approved by the Department of Motor Vehicles are available through the ATV Safety Institute. For more information about courses or to enroll, visit https://atvsafety.org/ or call 1-800-887-2887. You can also write to:
ATV Safety Institute
2 Jenner, Suite 150
Irvine, CA 92618
If you have questions about New York State's ATV or motorcycle safety programs, please contact the DMV Motorcycle Safety Program at the contact below.
Contact Motorcycle Safety Program
Contact us by phone:
- Motorcycle Safety Program (518) 473-7174
Contact us by email:
Mailing Address:
New York State DMV
Motorcycle Safety Program
6 Empire State Plaza, Room 336
Albany, New York 12228