Thoughts from Clearwater County Sheriff's Office
The Clearwater County Sheriff's Office will be conducting an ATV safety class on October 11th at the Clearbrook-Gonvick School. This month, I want to refresh everyone’s memory about some of the laws regarding the operation of ATVs. Even after completing the course, many still have questions about where people can legally ride their ATV /UTV. I want to be sure you have the information you need to stay safe so everyone can enjoy riding this fall.
The most common question has to do with the difference between Class I and Class II ATV. To answer that question, I will first define what an ATV is. Beginning on July l, 2015, the classification system for ATVs changed. To be classified as an ATV, the vehicle must have a dry weight of less than 2,000 pounds, have three to six low-pressure tires and have a total width that is less than 65 inches measured from outside of rim to outside of rim. A Class I ATV has a width of 50 inches or less and a Class II is defined as having a width greater than 50 inches, but less than 65 inches. Any motor vehicle with a width greater than 65 inches is classified as an off-road vehicle (ORV). Other examples of common recreational vehicles that are not considered an ATV include golf carts, dune buggies, go carts or a vehicle specifically used for lawn maintenance, agriculture, logging or mining purposes.
Where can Class I and Class II ATVs be driven? The answer to this question depends on which one you are riding. A Class I ATV can be operated in the ditch or the outside bank or slope of trunk, county state aid, or county highway. You can apply for and receive a permit from our office that will allow you to operate on the shoulder or extreme right side of township or county roads. The permit is free and the only thing you must provide is proof of insurance and current registration.
A Class II ATV can be operated on the shoulder or extreme right side of any township or county road without a permit. State law allows this type of operation. You can also ride on the bank, slope, or ditch of any trunk, county state-aid, or county highway if you are accessing a business or making a connection to a trail. You cannot operate a Class I or Class II ATV on any Minnesota trunk highway. Trunk highways in our county include MN Hwy 92, MN Hwy 223, MN Hwy 200 and US Hwy 2.
With this said, if you are operating an ATV on or within a public road right-of- way, you must have a valid driver's license, unless the right-of-way encompasses a trail administered by the commissioner and is designated for all-terrain use or multiple use.
Another common question we get is, "Can youth legally operate an ATV?" Youth age 12-15 can operate an ATV in the ditch, bank, or slope of a public road right-of-way if they possess a valid ATV safety certificate and are accompanied by a parent or legal guardian that is on a separate ATV. The youth rider must abide by all the riding requirements mentioned above. Any person under the age of 15 cannot operate a Class II ATV, whether on a public road right-of-way or private property.
A few other safety reminders are that any person under the age of 18 must wear a helmet if they are operating on an ATV or riding as a passenger. Additionally, a person under the age of 18 is also required to wear a seat belt if operating or riding in a Class II ATV. If you are operating an ATV, remember that you cannot have an open container of alcohol with you on the machine if you are on any public road or land. DWI laws are applied just as if you were operating a car.
There are many other laws related to ATVs that can be found in Chapter 84 of the Minnesota State Statutes or on the Minnesota Department of Natural Resources website, www.dnr.state.mn.us. I would encourage you to check them out. Remember, these laws are meant to keep you safe and reduce accidents and injuries. It is up to you to keep the image of ATV riders positive. Using common sense, being courteous to others and respectful of the roads and lands on which you ride are ways to accomplish that image. If you are out riding, have fun and be safe.
If you have questions, comments, or suggestions for future columns, please email me at darin.halverson@clearwatercountymn.gov or call the Sheriff’s Office at 218-694-6226. You can also follow the Clearwater County Sheriff’s Office on Facebook for updates and information.
Thank you, and as always, it is an honor and a privilege to serve as your Sheriff.