1. (a) “Off-highway recreational vehicle” means a vehicle that is:

   1. (1) A motor-assisted or motor-driven vehicle that:

      1. (i) Is designed to carry only the operator of the vehicle on a seat or saddle designed to be straddled by the operator or is designed to carry only the operator of the vehicle and one passenger; and
      2. (ii) Is commonly known as an all-terrain vehicle;

   2. (2) A motor-assisted or motor-driven vehicle that:

      1. (i) Travels on four or more tires;
      2. (ii) Is intended for use by one or more persons;

      3. (iii) Has the following features:

         1. 1. A steering wheel for steering control;
         2. 2. A roll-over protective structure;
         3. 3. An occupant retention system;
         4. 4. Nonstraddle seating;
         5. 5. A maximum speed capability exceeding 30 miles per hour;
         6. 6. An overall width of less than 80 inches, exclusive of accessories; and
         7. 7. An engine displacement of less than 1,000 cubic centimeters; and
      4. (iv) Is commonly known as a side-by-side utility vehicle;
   3. (3) A motorcycle that is designed for off-highway operation and is not eligible for registration as a Class D (motorcycle) vehicle under this article, commonly known as a dirt bike; or
   4. (4) A snowmobile.

2. (b) “Off-highway recreational vehicle” does not include:

   1. (1) A farm vehicle as defined in § 13-911 of this article when used exclusively on farm property by a farmer;
   2. (2) Any vehicle when used on residential property for the purpose of landscaping, gardening, or lawn care; or
   3. (3) An electric bicycle.
3. (c) The Administration may establish by regulation other requirements for or limitations on the definition of “off-highway recreational vehicle”.

Added by Acts 2010, c. 304, § 1, eff. May 4, 2010. Amended by Acts 2017, c. 757, § 1, eff. Oct. 1, 2017; Acts 2019, c. 63, § 1, eff. Oct. 1, 2019; Acts 2019, 64, § 1, eff. Oct. 1, 2019.