ATV Laws in Vermont

 

Current Vermont ATV Statutes   

https://legislature.vermont.gov/statutes/chapter/23/031     

 

 The 2 amendments below were enacted with 2021 legislative session.

The first clarifies that a TAD and helmet are NOT required on the frozen bodies of water, registration and insurance ARE required.

The second defines the type of helmet that must be worn. A traditional ATV requires a helmet that conforms to the Federal Motor Vehicle Safety Standards contained in 49 C.F.R. § 571.218,(DOT).

 An UTV/SxS/ATV equipped with manufacturer-installed rollover protection and safety belts that have not been removed or modified in a way that reduces their effectiveness requires properly

secured protective headgear that is used as intended by the manufacturer of the headgear and conforms to ASTM International or National Operating Committee on Standards for Athletic Equipment safety standards. 

  I asked for clarification on what "that is used as intended by the manufacturer of the headgear" means and it is that it must be secured.

  

   

 

2021 ATV Law Amendments

 

2021 ATV Amendments passed by House and Senate
* * * All-Terrain Vehicles * * *
Sec. 36. 23 V.S.A. § 3502(a) is amended to read:
(a)(1) Except as otherwise provided in this section, an individual shall not
operate an ATV on the VASA Trail System, on State land designated by the
Secretary pursuant to subdivision 3506(b)(4) of this title, or along any highway
that is not adjacent to the property of the operator unless the ATV:
(A) is registered pursuant to this title or in accordance with
subsection (e) of this section; and
(B) displays a valid VASA Trail Access Decal (TAD).
(2) Notwithstanding subdivision (1) of this subsection, neither
registration nor display of a TAD is required to operate an ATV:
* * *
(E) On frozen bodies of water as designated by the Agency of
Natural Resources under the provisions of 10 V.S.A. § 2607. Notwithstanding
subdivision 3506(b)(16) of this title, protective headgear is not required when
AS PASSED BY HOUSE AND SENATE S.86
2021 Page 43 of 44
VT LEG #356434 v.1
an ATV is operated on a frozen body of water pursuant to this subdivision.
[Repealed.]
* * *
(4) Notwithstanding subdivision (1) of this subsection and subdivision
3506(b)(16) of this title, neither the display of a TAD nor the use of protective
headgear is required to operate an ATV on frozen bodies of water as
designated by the Agency of Natural Resources under the provisions of
10 V.S.A. § 2607.
Sec. 37. 23 V.S.A. § 3506(b) is amended to read:
(b) An ATV shall not be operated:
* * *
(16) Unless At locations where the ATV must be registered in order to
be lawfully operated under section 3502 of this title unless the operator and all
passengers wear:
(A) properly secured protective headgear, of a type approved by the
Commissioner and as intended by the manufacturer, if the ATV is operated at
locations where the ATV must be registered in order to be lawfully operated
under section 3502 of this title that is used as intended by the manufacturer of
the headgear and conforms to the Federal Motor Vehicle Safety Standards
contained in 49 C.F.R. § 571.218, as amended, and any applicable regulations
promulgated by the U.S. Secretary of Transportation; or
AS PASSED BY HOUSE AND SENATE S.86
2021 Page 44 of 44
VT LEG #356434 v.1
(B) properly secured protective headgear that is used as intended by
the manufacturer of the headgear and conforms to ASTM International or
National Operating Committee on Standards for Athletic Equipment safety
standards, provided that the ATV is equipped with manufacturer-installed
rollover protection and safety belts that have not been removed or modified in
a way that reduces their effectiveness.
* * * Effective Dates * * *
Sec. 38. EFFECTIVE DATES
(a) This section (effective dates) shall take effect on passage.
(b) Notwithstanding 1 V.S.A. § 214, Sec. 5 (certificate of title; 23 V.S.A.
§ 2015(c)) shall take effect retroactively on April 1, 2020.
(c) Notwithstanding 1 V.S.A. § 214, Secs. 1 (display of number plates;
23 V.S.A. § 511) and 2 (temporary plate; 23 V.S.A. § 518) shall take effect
retroactively on September 8, 2020.
(d) All other sections shall take effect on July 1, 2021.