77472046.2-915.1Virginia Decodedhttps://vacode.org2016Motor VehiclesOperationRegulation Of TrafficMotorcycles And Mopeds And All-terrain VehiclesAll-terrain vehicles and off-road motorcycles; penalty1989, c. 290, § 46.1-172.04; 1995, c. 670; 2001, c. 147; 2003, c. 313; 2006, c. 896; 2011, c. 822; 2015, cc. 502, 503.Evans v. Evans091469695 S.E.2d 1732010-06-10https://www.courtlistener.com/opinion/1058183/evans-v-evans/ . . . same), 46.2-335(E) (same), 46.2-906.1 (same), 46.2-915.1(D) (same), 46.2-915.2 (same), and . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Jacob Scoggins v. Lee's Crossing Homeowners Ass'n11-22022013-05-17https://www.courtlistener.com/opinion/868174/jacob-scoggins-v-lees-crossing-homeowners-assn/ . . . highway, . . . Court of Appeals for the Fourth Circuithttp://law.lis.virginia.gov/vacode/46.2-915.1/46.2-100Definitions/46.2-100//46.2-915.1/46.2/III/8/13/46.2-915.1No all-terrain vehicle shall be operated:sectionAA1 On any public highway, or other public property, except (i) as authorized by proper authorities, (ii) to the extent necessary to cross a public highway by the most direct route, or (iii) by law-enforcement officers, firefighters, or emergency medical services personnel responding to emergencies;sectionA1A12 By any person under the age of 16, except that (i) children between the ages of 12 and 16 may operate all-terrain vehicles powered by engines of no more than 90 cubic centimeters displacement and (ii) children less than 12 years old may operate all-terrain vehicles powered by engines of no more than 70 cubic centimeters displacement;sectionA2A22 By any person unless he is wearing a protective helmet of a type approved by the Superintendent of State Police for use by motorcycle operators;sectionA3A32 With a passenger at any time, unless such all-terrain vehicle is designed and equipped to be operated with more than one rider.sectionA5A52Notwithstanding subsection A, all-terrain vehicles may be operated on the highways in Buchanan County and Tazewell County if the following conditions are met:sectionBB1 Such operation is approved by action of the Buchanan County Board of Supervisors for operation along the Pocahontas Trail on Bill Young Mountain and across Virginia Route 635 in Buchanan County and approved by action of the Tazewell County Board of Supervisors for operation along the Pocahontas Trail in and between the Town of Pocahontas and Boissevain; across Virginia Routes 644, 663, 659, 627, 734, and 747; within the corporate limits of the Town of Pocahontas in Tazewell County; and across property of the Virginia Department of Corrections in Tazewell County, provided that permission is granted for such operation pursuant to § 2.2-1150;sectionB1B12 Signs, whose design, number, and location are approved by the Virginia Department of Transportation, have been posted warning motorists that all-terrain vehicles may be operating on the highway;sectionB2B22 Such all-terrain vehicles are operated during daylight hours on the highway for no more than one mile between one off-road trail and another;sectionB3B32 All-terrain vehicles operators shall, when operating on the highway, obey all rules of the road applicable to other motor vehicles;sectionB5B52 Riders of such all-terrain vehicles shall wear approved helmets; andsectionB6B62 Such all-terrain vehicles shall operate at speeds of no more than 25 miles per hour.No provision of this subsection shall be construed to require all-terrain vehicles operated on a highway as provided in this subsection to comply with lighting requirements contained in this title.sectionB7B72Any retailer selling any all-terrain vehicle shall affix thereto, or verify that there is affixed thereto, a decal or sticker, approved by the Superintendent of State Police, which clearly and completely states the prohibition contained in subsection A.sectionCC1A violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of an all-terrain vehicle or off-road motorcycle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action, nor shall this section bar any claim which otherwise exists.sectionDD1Violation of any provision of this section shall be punishable by a civil penalty of not more than $ 500.sectionEE1The provisions of this section shall not apply:sectionFF1 To any all-terrain vehicle being used in conjunction with farming activities; orsectionF1F12 To members of the household or employees of the owner or lessee of private property on which the all-terrain vehicle is operated.sectionF2F22