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Avoid ATV Accidents - Florida Regulations

August 23, 2021 | Category: ATV Accidents | Share

Outdoor activities are year-round in Florida which makes all-terrain vehicle (ATV) riding so popular with all ages.

Avoid ATV Accidents - Florida Regulations - Spivey LawThe ATV Safety Institute defines ATVs as “…motorized off-highway vehicles designed to travel on four low-pressure or non-pneumatic tires, having a seat designed to be straddled by the operator and handlebars for steering control. ATVs are subdivided into two types as designated by the manufacturer. Type I ATVs are intended by the manufacturer for use by a single operator and no passenger. Type II ATVs are intended by the manufacturer for use by an operator and a passenger, and are equipped with a designated seating position behind the operator.”

The State of Florida requires that ATVs only be operated on unpaved roadways where the posted speed limit is less than 35 miles per hour and only during daylight hours. Counties may choose to be exempt from this regulation, according to the Florida Department of Highway Safety and Motor Vehicles (FHSMV). Counties may also designate certain unpaved roadways where an ATV may be operated during the daytime as long as each designated roadway has a posted speed limit of fewer than 35 miles per hour and is appropriately marked to indicate ATV use is permissible.

ATV riders under the age of 16 operating on public land must be supervised by an adult and have proof of completion of a Department of Agriculture and Consumer Services (DACS) safety course. Both operators and riders who are under the age of 16 must wear U.S. Department of Transportation-approved safety helmets and eye protection. ATVs are to be titled, but not required to be registered or insured. To title an ATV, submit a completed form HSMV 82040 to a Motor Vehicle Service Center. (Sections 261.20, 316.2074 and 316.2123, Florida Statutes)

Since a driver's license is not required to operate an ATV, children are often allowed to operate ATVs either recreationally or on farms. Young people must have the proper instruction before operating an ATV that can crush or even kill the rider and/or passenger.

“Over the years, ATVs have had significant ongoing Consumer Product Safety Commission (CPSC) investigations for safety problems resulting in devastating injuries,” said Fort Myers Accident Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. “When ATV accidents happen, injured victims may be entitled to seek compensation for medical expenses, lost wages, and other damages.”

Some common ATV injuries victims may suffer include:

 “If you or a loved one is injured because of the negligence of another, please contact our experienced Fort Myers accident legal team. We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation. There are no costs or attorney fees until we receive a monetary recovery for accident victims, and we are always available to assist 24/7,” said Randall Spivey, Fort Myers Accident Attorney.


Fort Myers Accident Lawyer Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to  Visit for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.








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