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msar-riders - Re: [MSAR] ATVS....Laws and Regulations, PA

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  • From: "IRVIN LICHTENSTEIN" <ilichten1@verizon.net>
  • To: "'Mounted search and rescue'" <msar-riders@lists.ibiblio.org>
  • Subject: Re: [MSAR] ATVS....Laws and Regulations, PA
  • Date: Tue, 16 Jun 2009 00:46:40 -0400

In PA you have to refer to several codes-- Title 75 PA Consolidated Statutes
is the Vehicle Code. PA uses a model code and defines road vehicles,
pedestrians, and pedalcycles (bicycles) in the Code and references other
agencies for ATVs, snowmobiles, and boats. Boats belong to the Fish and
Boat Commission and are generally divided into 3 chamber inflatables
(Zodiacs and Avons for example), and everything else. If an inflatable does
not have at least 3 chambers it is not a boat and therefore illegal to use
on PA waters. Engines come in 9.9 HP and under or 10 HP and over.
Emergency response boats don't have to be registered if they are marked with
the name of the agency and "RESCUE" or "POLICE" or "FIRE", but since
everybody uses the boat for non-emergency uses registration numbers are
available for free.
ALL engine driven anything and boats with indelible serial numbers must be
titled, which means that civilians pay the sales tax.

Off Road Vehicles are registered through PA DCNR (www.dcnr.state.pa.us).
They must display a license plate on the rear of ATV's at all times and
places, snowmobiles have used boat type numbers in the past. There is a
horsepower limit based on the age of the operator. The operator must wear a
helmet, carry proof of liability insurance, the required registration
certificate, photo id, and some proof that the property they are operating
on is either theirs or they have permission to be there. There are about
200 miles of ATV/snowmobile trails in state parks. Vehicles used
exclusively on the owner's property can be registered for free, others were
$10 per year. Check with each locality but basically you cannot operate an
ATV on the road, on any private property you do not have permission to
operate on, and any public park or recreation facility not posted open.
During snow emergency the locality may permit snowmobiles to be operated
under the direction of the EMA on the road. Failure to comply with
regulations is punishable as a summary offense, $300 per count, plus costs.
This is also considered a live stop and the enforcement officer can have the
ORV impounded at the owner's expense. Motorcycles require a special
operators license and helmets for under 21 or less than 2 years experience
and a safety course.

There are some considerations for persons using mobility aids (power
chairs/scooters), and low power devices like mopeds.
Hovercraft are considered boats last I heard, but check on this.

Farm vehicles are road vehicles that are not operated on the road. They are
titled but not registered as a road vehicle, and exempt from safety
inspection and weight stickers. They can cross a road or move from field to
field by the shortest route if necessary.

Vehicles that are used on farms but are not ATVs or road legal, such as
Gators, Mules, etc. are currently in limbo because they do not meet the
regulation definition for an ATV but they are not road legal. Since they
rarely leave the owner's property they would be titled but not registered
until somebody issues a regulation about them. I have seen county parks and
trails maintainers use unregistered Gators, and at least one university uses
unregistered golf carts or Cushman type scooters on campus. Philadelphia
Police recently put several Segway transporters in service as well.

Published reports indicate NJ has similar rules.

By the way, bicycles being pedaled are motor vehicles and horses being
ridden are pedestrians in Pennsylvania.

Check the code because most dealers don't know the rules, and they change
annually. All the cops know is to catch you if they can and figure it out
later. Basically you cannot practice with an ATV except on private property
with the permission of the property owner since they are banned from all
public lands in PA.

Irv Lichtenstein







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