Opinion

Maryland Attorney General Opinion 109OAG96

Court
Maryland Attorney General Reports
Filed
Dec 30, 2024
Status
Published
Cited by
0 cases

The opinion

96 [109 Op. Att’y

TRANSPORTATION

VEHICLE LAWS – FOREIGN VEHICLES – WHETHER SIDE-BY-

SIDE UTILITY VEHICLES MAY BE DRIVEN ON MARYLAND

ROADS – WHETHER RESIDENTS OF WEST VIRGINIA MAY

DRIVE SUCH VEHICLES INTO MARYLAND

December 30, 2024

The Honorable Mike McKay

Maryland Senate

You have asked for our opinion on whether a side-by-side

utility vehicle, a popular type of recreational vehicle designed for

off-road use, is allowed on Maryland roads. You indicate that

Maryland and West Virginia might impose different rules for these

vehicles, which has caused “confusion” among “people from West

Virginia and Maryland” about whether side-by-side utility vehicles

are allowed on Maryland’s roadways. Letter from Sen. Mike

McKay to Attorney General Anthony G. Brown, at 1 (Sept. 25,

2024) (“Opinion Request”). You thus ask for our opinion on

whether Maryland or local laws authorize these vehicles for road

use. You have also inquired about the interplay between the laws

in Maryland and in West Virginia, which apparently allows side-

by-side utility vehicles on roads in that state. You thus ask whether

West Virginia residents who have complied with their state’s

requirements for road use of side-by-side utility vehicles are

entitled to drive these vehicles on Maryland roads, even if

“Maryland residents[] are not permitted to do so.” Id.

As we explain below, it is our opinion that State law generally

does not authorize the use of side-by-side utility vehicles on

Maryland roads. But lawmakers in Allegany and Garrett Counties,

under a grant of authority from the General Assembly, have

enacted local laws that sometimes, under certain limited

conditions, permit these vehicles on roads in those counties.

Although West Virginia more broadly authorizes road use of side-

by-side utility vehicles in that state, West Virginia residents who

bring those vehicles into Maryland are subject to the same

limitations as Maryland operators of side-by-side utility vehicles—

that is, they are allowed to drive these vehicles only on designated

county roads in Allegany and Garrett Counties, subject to the same

conditions imposed on Maryland residents.

Gen. 96] 97

I

Background

Side-by-side utility vehicles are motorized vehicles designed

for off-road use that go by a variety of names, including side-by-

sides, utility terrain vehicles, utility task vehicles, UTVs, or

recreational off-highway vehicles (“ROVs”).1 We use the term

“side-by-side utility vehicle,” which appears in the Maryland Code.

See Md. Code Ann., Transp. (“TR”) § 11-140.1(a)(2)(iv).

Side-by-side utility vehicles have four or more wheels, bucket

seats or bench seating, and a steering wheel.2 As their name

suggests, side-by-side utility vehicles typically feature two seats

situated next to one another, though different models may

accommodate between one and six people. Megan Randall, Behind

the Wheel: What Is a Side-by-Side?, SuperATV.com (Feb. 28,

2024), https://www.superatv.com/offroad-atlas/what-is-a-side-by-

side. Most side-by-side utility vehicles have headlights, brake

lights, turn signals, and seat belts,3 and some also have power

steering, heated cabs, doors, windshields, and power windows.4

Some side-by-side utility vehicles can reach speeds of 90 miles per

hour. Katie Clontz, Police Chief Asks for Utility Terrain Vehicle

Clarification, Courier-Times (New Castle, Ind.), Sept. 6, 2023.

1

See, e.g., Megan Randall, Behind the Wheel: What Is a Side-by-

Side?, SuperATV.com (Feb. 28, 2024), https://www.superatv.com/offroad-

atlas/what-is-a-side-by-side; Recreational Off-Highway Vehicle

Association, What is an ROV?, https://rohva.org/what-is-an-rov/ (last

visited Dec. 20, 2024); U.S. Consumer Product Safety Comm’n,

Recreational Off-Highway Vehicles (May 4, 2011),

https://www.cpsc.gov/Regulations-Laws--Standards/Voluntary-

Standards/Recreational-Off-Highway-Vehicles; Bobcat, Utility

Vehicles (UTVs): What Is a UTV?, https://www.bobcat.com/na/en/equi

pment/utility-vehicles (last visited Dec. 20, 2024). Other names for

these vehicles include off-road vehicles, multipurpose off-highway

utility vehicles, buggies, and dune buggies. Randall, supra.

2

Randall, supra note 1; U.S. Consumer Product Safety Comm’n,

supra note 1.

3

Katie Clontz, Police Chief Asks for Utility Terrain Vehicle

Clarification, Courier-Times (New Castle, Ind.), Sept. 6, 2023.

4

Deirdre Fleming, Battle Brewing as Side-by-Sides Divide All-

Terrain Fans, Portland Press Herald, May 29, 2018; Megan Randall,

Behind The Wheel: ATV vs. UTV—Which Off-Road Vehicle Is Right for

You?, SuperATV.com (Apr. 22, 2020), https://www.superatv.com/

offroad-atlas/atvs-vs-utvs-which-vehicle-is-right-for-you.

98 [109 Op. Att’y

Side-by-side utility vehicles have been around for decades.

Charles J. Plueddeman, Double-Duty ATVs, Outdoor Life (Aug. 1,

2006), https://www.outdoorlife.com/double-duty-atvs/. Originally

used on industrial sites, golf courses, farms, and in forestry work,

id., side-by-side utility vehicles “have exploded in popularity in

recent years,”5 and are now more commonly used for recreation,

Deirdre Fleming, Battle Brewing as Side-by-Sides Divide All-

Terrain Fans, Portland Press Herald, May 29, 2018 (noting that,

between 2012 and 2018, sales of side-by-side utility vehicles grew

between 6 percent and 8 percent annually).

You report that in the Town of Hancock, in Washington

County near the West Virginia border, police “are encountering a

problem with [s]ide-by-[s]ide vehicles.” Opinion Request at 1.

Because Maryland and West Virginia appear to impose different

rules for these vehicles, police have reported some public

confusion about whether these vehicles are allowed on Maryland

roads. Id. The Hancock police have taken the position that side-

by-side utility vehicles are not allowed on roads in the Town. Id.

II

Analysis

You have asked for our opinion on whether side-by-side

utility vehicles “are permitted for road use in Maryland.” Id. More

specifically, you have asked whether State or local laws permit

their use on Maryland roads. You have also asked about the

interplay between the laws of Maryland and West Virginia, which

apparently has approved road use of side-by-side utility vehicles

under certain conditions. You thus ask whether West Virginia

residents who have complied with their state’s requirements are

entitled to drive their side-by-side utility vehicles on Maryland

roads, even if “Maryland residents[] are not permitted to do so.”

Id.

A. Maryland Vehicle Law

We begin with the Maryland Vehicle Law,6 which, among

other things, regulates the use of vehicles on Maryland’s roads. See

78 Opinions of the Attorney General 263, 264 (1993); 88 Opinions

of the Attorney General 139, 142 (2003). This comprehensive

5

Frank Lesnefsky, Experts: Safety Measures, Training Key for Off-

Road Riding, Times-Tribune (Scranton, Pa.), Apr. 13, 2022.

6

The Maryland Vehicle Law appears in titles 11 through 27 of the

Transportation Article. See TR § 11-206.

Gen. 96] 99

statutory scheme sets forth statewide standards, see TR

§ 25-101.1(a), but authorizes local authorities, in limited

circumstances, to enact laws “as to highways under [their]

jurisdiction,” TR § 25-102(a).

When construing a statute such as the Maryland Vehicle Law,

“our goal is to ascertain and effectuate the actual intent of the

Legislature.” Johnson v. Maryland Dep’t of Health, 470 Md. 648,

674 (2020) (citing Lockshin v. Semsker, 412 Md. 257, 274 (2010)).

We start with the plain language of the statute, id., reading the

words “in light of the full context in which they appear, and in light

of external manifestations of intent or general purpose available

through other evidence,” Dickerson v. State, 324 Md. 163, 170-71

(1991) (quoting Cunningham v. State, 318 Md. 182, 185 (1989)).

To answer your questions, we look first to the statewide

provisions of the Maryland Vehicle Law to see if they authorize the

use of side-by-side utility vehicles on Maryland’s roads.

1. Plain Language of the Statewide Provisions

The Maryland Vehicle Law governs the use of vehicles on

“highways,” which are broadly defined to encompass “[t]he entire

width between the boundary lines of any way or thoroughfare of

which any part is used by the public for vehicular travel,” including

those “owned, leased, or controlled by the United States

government and located in the State.” TR § 11-127. The law

generally defines “vehicle” to mean “any device in, on, or by which

any individual or property is or might be transported or towed on a

highway.” TR § 11-176(a)(1).7 This includes a side-by-side utility

vehicle, even though it is designed for off-highway use. Indeed,

the Maryland Vehicle Law expressly defines “vehicle” to

7

The law expressly excludes “electric personal assistive mobility

devices” and “personal delivery devices” from the definition of

“vehicle,” TR § 11-176(b), but neither of these are side-by-side utility

vehicles, see TR § 21-101(j) (“‘Electric personal assistive mobility

device’ or ‘EPAMD’ means a pedestrian device that: (1) [h]as two

nontandem wheels; (2) [i]s self-balancing; (3) [i]s powered by an electric

propulsion system; (4) [h]as a maximum speed capability of 15 miles per

hour; and (5) [i]s designed to transport one person.”); TR

§ 21-104.3(a)(2) (“‘Personal delivery device’ means a powered device

that: (i) [i]s operated primarily on shoulders, sidewalks, and crosswalks;

(ii) [i]s intended for the transport of property on public rights-of-way;

(iii) [w]eighs not more than 550 pounds, excluding cargo; and (iv) [i]s

capable of navigating with or without the active control or monitoring of

an individual.”). Thus, these exceptions are not relevant to our analysis.

100 [109 Op. Att’y

encompass an “off-highway recreational vehicle,” TR

§ 11-176(a)(2), which, in turn, is specifically defined to include a

side-by-side utility vehicle:

[a] motor-assisted or motor-driven vehicle

that:

(i) [t]ravels on four or more tires;

(ii) [i]s intended for use by one or more

persons;

(iii) [h]as the following features:

1. [a] steering wheel for steering

control;

2. [a] roll-over protective structure;

3. [a]n occupant retention system;

4. [n]onstraddle seating;

5. [a] maximum speed capability

exceeding 30 miles per hour;

6. [a]n overall width of less than 80

inches, exclusive of accessories; and

7. [a]n engine displacement of less than

1,000 cubic centimeters; and

(iv) [i]s commonly known as a side-by-side

utility vehicle[.]

TR § 11-140.1(a)(2).

Side-by-side utility vehicles also fall within the definition of

“all-terrain vehicle” (“ATV”) found in § 11-103.3 of the Maryland

Vehicle Law. That provision defines ATV to mean a motor vehicle

that:

(1) (i) [i]s designed for off-highway use;

(ii) [o]perates on at least three low-pressure

tires;

(iii) [h]as a seat or saddle designed to be

straddled by the operator;

(iv) [h]as handlebars for steering;

(v) [i]s intended by the manufacturer to be

operated by a single operator; and

Gen. 96] 101

(vi) [m]ay be designed to carry one passenger;

or

(2) (i) [i]s designed for off-highway use;

(ii) [o]perates on four or more low-pressure

tires;

(iii) [h]as a bench or bucket-style seating; and

(iv) [h]as a steering wheel for steering.

TR § 11-103.3 (emphasis added). The second part of this definition

describes a side-by-side utility vehicle. We thus keep in mind both

definitions—the type of ATV described in § 11-103.3(2) of the

Transportation Article, and the type of off-highway recreational

vehicle described in § 11-140.1(a)(2)—when reading the Maryland

Vehicle Law.

Under the Vehicle Law, certain types of vehicles must be

registered to operate lawfully on highways. Registration generally

entails an application to the Motor Vehicle Administration, TR

§ 13-403(a)(1), to obtain a registration card (which the driver must

carry when operating the vehicle), TR §§ 13-408, 13-409, and

registration plates8 (which must be affixed to the vehicle), TR

§§ 13-410, 13-411.9

Among those vehicles that must be registered to operate

lawfully on highways are motor vehicles. See TR § 13-402(a)(1)

(“[E]ach motor vehicle . . . driven on a highway shall be registered

. . . .”);10 see also TR § 13-401(a), (b)(1) (“If a vehicle [that is

required to be registered] is not registered, a person may not drive

the vehicle on a highway in this State.”). A motor vehicle is

defined to include “a vehicle that . . . [i]s self-propelled” and “[i]s

not operated on rails.” TR § 11-135(a)(1). “Motor vehicle,” then,

encompasses a side-by-side utility vehicle, regardless of whether

we define the latter by reference to § 11-140.1(a)(2) of the

8

Most vehicles must display two registration plates each, though

motorcycles, tractors, trailers, historic vehicles, and street rods require

only one registration plate each. TR § 13-410(a)(1).

9

As we shall discuss in more detail below, see Part II.C infra, a

nonresident generally may drive “a foreign vehicle” in Maryland without

registering that vehicle in this State so long as the vehicle is registered in

the owner’s state of residence. TR § 13-402.1(a).

10

The law provides several exceptions—for example, for farm

tractors and a vehicle being towed, see TR § 13-402(c)—but none are

relevant to our analysis.

102 [109 Op. Att’y

Transportation Article (classifying “a motor-assisted or motor-

driven vehicle . . . commonly known as a side-by-side utility

vehicle” as a type of “off-highway recreational vehicle”) or

§ 11-103.3(2) (defining ATV to include “a motor vehicle that . . .

[i]s designed for off-highway use,” “[o]perates on four or more

low-pressure tires,” “[h]as a bench or bucket-style seating,” and

“[h]as a steering wheel for steering”). Thus, under the statewide

provisions of the Maryland Vehicle Law, a person may not drive a

side-by-side utility vehicle on a highway unless the vehicle is

registered.

The State’s registration scheme, however, does not allow for

the registration of side-by-side utility vehicles. The Maryland

Vehicle Law establishes sixteen classes of vehicles for registration,

none of which, on their face, encompass side-by-side utility

vehicles. The classifications are:

(1) Class A vehicles (passenger cars), TR

§§ 11-144.2, 13-912;

(2) Class B vehicles (vehicles for hire), TR

§ 13-913;

(3) Class C vehicles (ambulances and funeral

cars), TR § 13-914;

(4) Class D vehicles (motorcycles), TR

§ 13-915;

(5) Class E vehicles (trucks, light trucks,

truck-trailer combinations, dump trucks, tow

trucks, and farm trucks), TR §§ 13-916

through 13-921;

(6) Class F vehicles (truck tractors and

tractors), TR §§ 13-923, 13-924;

(7) Class G vehicles (trailers, semitrailers, and

farm trailers), TR §§ 13-927 through 13-930;

(8) Class H vehicles (school vehicles), TR

§ 13-932;

(9) Class P vehicles (passenger buses), TR

§ 13-933;

(10) Class J vehicles (vanpool vehicles), TR

§ 13-934;

(11) Class K vehicles (farm area motor

vehicles and island vehicles), TR § 13-935;

Gen. 96] 103

(12) Class L vehicles (historic motor

vehicles), TR § 13-396;

(13) Class M vehicles (multipurpose

passenger vehicles, which are defined as

motor vehicles “designed primarily for

carrying persons and which [are] constructed

on . . . truck chassis or with special features

for occasional off-road operations,” have

three wheels, or are of “unique design[s] that

do[] not clearly meet the requirements of any

other class, as determined by” the Motor

Vehicle Administrator), TR §§ 11-136.2,

13-937;

(14) Class N vehicles (street rods), TR

§ 13-937.1;

(15) Class Q vehicles (limousines), TR

§ 13-939; and

(16) Class R vehicles (low speed vehicles,

which are four-wheeled motor vehicles that

have a maximum speed capability that

exceeds 20 miles per hours but is less than 25

miles per hour), TR §§ 11-130.1, 13-939.2.

We see only one classification—Class K—which might

encompass side-by-side utility vehicles, but only those used in

farming. Class K includes “farm area motor vehicles,” which is

defined broadly to mean any motor vehicle “owned by a farmer and

operated only on a farm or on a highway within a 25-mile radius of

the farm.” TR § 13-935(a)(2). This could include a side-by-side

utility vehicle—if the vehicle is owned by a farmer and operated in

the manner described.11 Side-by-side utility vehicles used strictly

for recreation or other purposes, however, do not appear to be

eligible for registration.

As to side-by-side utility vehicles that do not qualify as farm

area motor vehicles, the General Assembly has implicitly made

clear, through its registration scheme, that they are generally not to

be driven on highways. Lawmakers have done so by defining

sixteen classes of vehicles that may be registered and omitting from

these classes those side-by-side utility vehicles that are not farm

area motor vehicles. See, e.g., Comptroller of the Treasury v.

11

To register a farm area motor vehicle, the owner must provide a

copy of a federal tax form “showing active farming status.” TR

§ 13-935(f).

104 [109 Op. Att’y

Blanton, 390 Md. 528, 537 (2006) (“Maryland has long accepted

the doctrine of expressio (or inclusio) unius est exclusio alterius,

or the expression of one thing is the exclusion of another.”).

Moreover, in § 13-401 of the Transportation Article, the

Legislature has explicitly recognized that off-highway recreational

vehicles—which include side-by-side utility vehicles, see TR

§ 11-140.1(a)(2)—are generally not permitted on highways. See

TR § 13-401(b) (providing generally that, “[i]f a vehicle [that is

required to be registered] is not registered, a person may not drive

the vehicle on a highway,” and providing specifically that, “[i]f a

person is convicted of a violation . . . that involved the use of an

off-highway recreational vehicle on a highway, the court shall

notify the [Motor Vehicle] Administration of the violation”).

Because a person may not register a side-by-side utility vehicle

(that is not a farm area motor vehicle), a person may not lawfully

drive such a vehicle on a Maryland highway—at least not under the

plain language of the statewide provisions of the Maryland Vehicle

Law.

2. Legislative History of the Statewide Provisions

Governing Off-Highway Recreational Vehicles

We find further support for this conclusion in the legislative

history of the Maryland Vehicle Law—more specifically, in the

history of those provisions governing off-highway recreational

vehicles.

In 2008, the General Assembly created a task force to

“identify and study major issues related to ATV safety.” 2008 Md.

Laws, chs. 14, 487. By 2008, ATVs had been marketed in the

United States for nearly four decades, but State officials were

seeing a growing number of injuries associated with these vehicles.

Maryland Inst. for Emergency Med. Servs. Sys., Report on Off-

Road Vehicle Incidents Including All-Terrain Vehicles in the State

of Maryland 5, 24 (2007). In response, the task force on ATVs

recommended that lawmakers require the owners of these vehicles

to obtain certificates of title. All-Terrain Vehicle Safety Task

Force, Interim and Final Reports 4 (2008); All-Terrain Safety Task

Force, Minutes of Nov. 3, 2008, Meeting, at 10 (“Meeting

Minutes”). Doing so would allow the State to more effectively

track the owners of ATVs, Meeting Minutes at 10, and some State

officials hoped that titling would “provide a focal point for

dissemination of safety materials to ATV owners,” Maryland Inst.

for Emergency Med. Servs. Sys., Report on Off-Road Vehicle

Incidents Including All-Terrain Vehicles in the State of Maryland

24 (2007).

Gen. 96] 105

In 2010, the General Assembly followed the task force’s

recommendation. Lawmakers approved Senate Bill 466, adding to

the Maryland Vehicle Law the definition of “off-highway

recreational vehicle,” which initially encompassed only

snowmobiles, dirt bikes, and the type of ATVs with “seat[s] or

saddle[s] designed to be straddled,” 2010 Md. Laws, ch. 304 —i.e.,

not side-by-side utility vehicles, which have bench or bucket

seating. That bill also amended the statute’s definition of “vehicle”

to include “off-highway recreational vehicle.” Id. The effect of

this legislation was to require owners of ATVs to obtain certificates

of title. See Revised Fiscal & Policy Note, S.B. 466, 2010 Leg.,

Reg. Sess. at 1; Floor Report, Senate Jud. Proc. Comm., S.B. 466,

2010 Leg., Reg. Sess. at 1. That is because the Maryland Vehicle

Law includes a default rule requiring all vehicles to be titled with

the State. See TR § 13-101.1 (providing generally that “the owner

of each vehicle . . . shall apply . . . for a certificate of title of the

vehicle”).12

Nothing in the plain language or the history of Senate Bill

466, however, indicates that lawmakers intended to require (or

even allow) ATVs or other off-highway recreational vehicles to

be registered (and, thus, to be driven on highways). As the

Maryland Supreme Court has recognized, “[t]here is a meaningful

difference between titling and registration.” Williams v. State,

385 Md. 50, 56 n.5 (2005). Titling indicates ownership of a

vehicle, Huettner v. Savings Bank of Baltimore, 242 Md. 477, 481

(1966), whereas registration “enables the owner (or operator) to

legally drive the vehicle on public roads,” Motor Vehicle Admin.,

Registration Common Vehicle, https://mva.maryland.gov/about-

mva/Pages/info/27300/27300-27T.aspx (last visited Dec. 20,

2024).

We assume “that the General Assembly was cognizant of the

existing law and legislated with the existing law in mind.” Harry

Berenter, Inc. v. Berman, 258 Md. 290, 298 (1970). By 2010, the

Maryland Vehicle Law defined “motor vehicle” as it does today—

i.e., a vehicle “self-propelled or propelled by electric power

obtained from overhead electrical wires” that “[i]s not operated on

rails.” Md. Code Ann., Transp. § 11-135(a) (2009 Repl. Vol.). The

law also required (as it does today) that motor vehicles be

registered in order to be “driven on a highway.” Md. Code Ann.,

Transp. § 13-402(a) (2009 Repl. Vol.). But while Senate Bill 466

defined ATVs as “motor-assisted or motor-driven vehicle[s],”

12

A separate provision of the Maryland Vehicle Law—TR

§ 13-102—sets out various exceptions to this titling requirement, but

none are relevant here.

106 [109 Op. Att’y

2010 Md. Laws, ch. 304, and, thus, motor vehicles, the legislation

did not provide a way for ATVs (or other off-highway recreational

vehicles) to be registered. This indicates that the Legislature did

not intend to allow ATVs and other off-road recreational vehicles

to be driven on highways—at least not under the statewide

provisions of the Maryland Vehicle Law.

Then, in 2017, lawmakers adopted House Bill 1150, which

expanded the list of vehicles subject to titling by amending the

definition of “off-highway recreational vehicle” to include a side-

by-side utility vehicle. See 2017 Md. Laws, ch. 757 (adding the

language that appears in TR § 11-140.1(a)(2)). House Bill 1150

also reduced, from $100 to $35, the titling fee for off-highway

recreational vehicles. Id.

The sponsor of House Bill 1150 viewed side-by-side utility

vehicles as “the modern design of ATVs”13 and said that his

legislation was “a fee reduction bill” primarily intended to help

Maryland motorcycle dealers who sold dirt bikes and ATVs. Bill

Hearing on H.B. 1150 Before the House Env’t and Transp. Comm.,

2017 Leg., Reg. Sess., 22:23-23:09, 23:30-23:45 (Mar. 3, 2017)

(statement of Del. McMillan). At that time, Maryland dealers were

required to charge buyers of those vehicles the same titling fees

assessed for cars and trucks, while dealers in neighboring states

charged lower titling fees for off-road vehicles. Id. By including

side-by-side utility vehicles in the definition of “off-highway

recreational vehicle,” House Bill 1150 required side-by-side utility

vehicles to be titled, but at the new, reduced cost. As with the 2010

legislation, however, nothing in House Bill 1150 or its history

indicates that lawmakers intended to allow or require side-by-side

utility vehicles to be registered, or to allow such vehicles to be

driven on highways.

Indeed, the legislative history of another statutory

provision—TR § 13-401(b)(2)—indicates that the Legislature has

long understood that off-highway recreational vehicles are not

permitted on highways. As noted above, § 13-401(b)(2) addresses

the unlawful use of an unregistered vehicle on a highway and

specifically provides that, “[i]f a person is convicted of a violation

. . . that involved the use of an off-highway recreational vehicle on

a highway, the court shall notify the [Motor Vehicle]

Administration of the violation.” The General Assembly adopted

this language in 2013, along with a provision requiring the

13

In a separate bill (Senate Bill 979) the General Assembly added the

definition of ATV that appears in § 11-103.3, which, as noted above,

encompasses side-by-side utility vehicles. 2017 Md. Laws, ch. 694.

Gen. 96] 107

Administration to temporarily suspend violators’ drivers’ licenses.

2013 Md. Laws, ch. 641.14 The bill sponsor said that he introduced

the legislation because “kids . . . and young adults [were] riding dirt

bikes on the same streets and highways as lawful vehicles.” Bill

Hearing on H.B. 801 Before the House Env’t Matters Comm., 2013

Leg., Reg. Sess., 35:06-35:17 (Feb. 26, 2013) (statement of Del.

Tarrant) (emphasis added). Legislators thus distinguished dirt

bikes and other off-highway recreational vehicles from the types of

vehicles that are allowed to be driven on highways.

3. Regulations on Off-Highway Recreational Vehicles

The Department of Transportation’s regulations on vehicle

registration provide even more support for our interpretation that

side-by-side vehicles generally may not be driven on highways.

The Department has devoted an entire chapter of these regulations

to “clarify[ing] requirements for mopeds, motor scooters, and off-

highway recreational vehicles,” COMAR 11.15.35.01, which

include side-by-side utility vehicles, see TR § 11-140.1(a)(2).

Notably, the regulations recognize that a moped or motor scooter

may be used on public highways, so long as the vehicle displays a

title decal. COMAR 11.15.35.03B.15 But although owners of off-

highway recreational vehicles may also obtain title decals, the

provision regulating these vehicles makes no mention of their use

on highways. COMAR 11.15.35.04. Nor do the regulations

mention the possibility of registering off-highway recreational

vehicles. Compare COMAR 11.15.35.04 (making no mention of

registering off-highway recreational vehicles), with COMAR

11.15.03.02 (stating that a motor home shall display a registration

plate). This lends further support to our view that these vehicles—

14

If the violator is a juvenile who does not have a driver’s license, the

law specifies that the suspension shall commence:

(i) [i]f the child is at least 16 years old on the date

of the disposition, on the date of the disposition;

or

(ii) [i]f the child is younger than 16 years of age

on the date of the disposition, on the date the child

reaches the child’s 16th birthday.

2013 Md. Laws, ch. 641 (amending TR § 16-206).

15

Because the definition of “motor vehicle” expressly excludes

mopeds and motor scooters, see TR § 11-135(b)(1), (2), these vehicles

are not subject to TR § 13-402(a)(1), which requires “each motor vehicle

. . . driven on a highway [to] be registered . . . .” Individuals operating

mopeds or motor scooters on highways, however, must have a driver’s

license or moped operator’s permit. TR § 16-101(b).

108 [109 Op. Att’y

which include side-by-side utility vehicles—may not be driven

lawfully on highways under the statewide provisions of the

Maryland Vehicle Law.

4. Summary

In sum, we read the plain language of the Maryland Vehicle

Law’s statewide provisions to require a motor vehicle, including a

side-by-side utility vehicle, to be registered in order to be driven on

a highway. But the State’s registration scheme does not allow for

the registration of side-by-side utility vehicles (other than those that

qualify as farm area motor vehicles). The legislative history of the

provisions governing off-highway recreational vehicles, which

include side-by-side utility vehicles, indicates that lawmakers

intended for these vehicles to be subject to titling requirements.

But nothing in the history indicates that lawmakers intended to

allow these vehicles to be registered or driven on highways. The

Department of Transportation’s regulations on vehicle registration

support this understanding, as the provisions governing off-

highway recreational vehicles mention titling but nothing about

registration. It is our conclusion, then, that the Maryland Vehicle

Law’s statewide provisions do not allow for side-by-side utility

vehicles to be driven on highways.

B. County Laws

As noted above, however, the Maryland Vehicle Law

authorizes local jurisdictions, “in the reasonable exercise of [their]

police power,” to regulate certain aspects of traffic on “highways

under [their] jurisdiction.” TR § 25-102(a).

Relevant here is § 25-102(a)(14) of the Transportation

Article, which empowers Allegany and Garrett Counties to regulate

the operation of “all-terrain vehicles.” Specifically, the law permits

these counties to enact local laws:

1. [a]uthorizing a person to:

A. [c]ross a highway on an all-terrain

vehicle or a snowmobile at a right

angle at a speed of not more than 25

miles per hour; or

B. [o]perate an all-terrain vehicle or a

snowmobile on not more than 5 miles

of highway at a speed of not more

than 25 miles per hour; and

Gen. 96] 109

2. [d]esignating a certain portion of highways

upon which all-terrain vehicles and

snowmobiles may travel at a speed of not

more than 25 miles per hour for the sole

purpose of gaining access to:

A. [t]rails on which the operation of an

all-terrain vehicle or a snowmobile is

authorized;

B. [f]ields; or

C. [a]nother area where the operation of

an all-terrain vehicle or a snowmobile

is authorized[.]

TR § 25-102(a)(14)(iii).

An “all-terrain vehicle,” meanwhile, is defined in the

Maryland Vehicle Law to include a side-by-side utility vehicle.

That is, the statute defines ATV to mean, among other things, “a

motor vehicle that” is “designed for off-highway use; [o]perates on

four or more low-pressure tires; [h]as a bench or bucket-style

seating; and [h]as a steering wheel for steering.” TR § 11-103.3.

Reading these provisions together, it becomes clear that the

Maryland Vehicle Law authorizes Alleghany and Garrett Counties

to enact laws allowing side-by-side utility vehicles on highways in

those counties under certain conditions. TR § 25-102(a)(14)(iii).

We turn, then, to the laws of Allegany and Garrett Counties.

Although it is ordinarily not our role to interpret county laws, see,

e.g., 89 Opinions of the Attorney General 76, 79 n.4 (2004), we

summarize their plain terms below in the interest of completeness.

First, the Allegany County code of ordinances authorizes a

person to “operate an all-terrain vehicle to cross a highway at a

right angle at a speed of not more than 25 miles per hour,” and to:

operate an all-terrain vehicle . . . on not more

than two miles of a public road designated by

the County at a speed of not more than 25

miles per hour for the sole purpose of gaining

access to trails on which the operation of an

all-terrain vehicle is authorized, or to a field,

or to another area where the operation of an

all-terrain vehicle is authorized.

110 [109 Op. Att’y

Allegany County Code of Ordinances § 520-9(A), (B). “All-terrain

vehicles must travel single-file on the right-hand shoulder of the

extreme right-hand side of the roadway, and left-hand turns may be

made from any part of the road if it is safe to do so under the

prevailing conditions.” Id. § 520-9(C)(12). These provisions apply

only to “public roads in the Allegany County road inventory

exclusive of municipal roads and state highways,” id. § 520-8

(defining “public roads”), and only to “all-terrain vehicles as

defined by the Transportation Article of the Annotated Code of

Maryland,” id. § 520-9(C)(4). Because that definition

encompasses side-by-side utility vehicles, in Allegany County, a

person apparently may drive such a vehicle on a county highway

under the conditions set forth in the county’s ordinance.

Similarly, the Garrett County code of ordinances authorizes a

person “to cross a highway on an off-road vehicle at a right angle

at a speed of not more than 25 miles per hour” and to:

operate an all-terrain vehicle . . . on not more

than 5 miles of a highway designated by the

Board [of County Commissioners] . . . at a

speed of not more 25 miles per hour for the

sole purpose of gaining access to trails on

which the operation of an off-road vehicle is

authorized, or to a field, or to another area

where the operation of an off-road vehicle is

authorized[.]

Garrett County Code of Ordinances § 70.10(A). As in Allegany

County, an “[o]ff-road vehicle must travel single file on the right-

hand shoulder or the extreme right-hand side of a road and left-

hand turns may be made from any part of the road if it is safe to do

so under the prevailing conditions.” Id. § 70.10(J). The Garrett

County code adopts the Maryland Vehicle Law’s definition of “all-

terrain vehicle,”16 and allows those types of vehicles on “the

Garrett County Roadway Inventory,” “excluding municipal roads

and state highways.” Id. § 70.10(C). Thus, side-by-side utility

vehicles may apparently be driven on county roads in Garrett

County under the conditions set forth in the county’s ordinance.

16

See Garrett County Code of Ordinances § 70.10(A) (providing that

the county law applies to “all-terrain vehicle[s], snowmobile[s],” and

“off-the-road motorcycle[s] (collectively ‘off-road vehicles’)”), and id.

(C) (providing that “only off-road vehicles, as defined by [the]

Transportation Article of the Annotated Code of Maryland,” are allowed

on county roads).

Gen. 96] 111

To summarize, the Maryland Vehicle Law’s statewide

provisions require motor vehicles, such as side-by-side utility

vehicles, to be registered in order to be driven on highways. The

State registration scheme, however, does not allow for the

registration of side-by-side utility vehicles (except for those that

qualify as farm area motor vehicles). Side-by-side utility vehicles

that are used strictly for recreation, then, may not be driven on

Maryland highways under the statewide provisions of the

Maryland Vehicle Law. But that law allows Allegany and Garrett

Counties to adopt their own laws regulating the use of side-by-side

utility vehicles on county highways. Both counties have done so

and, thus, side-by-side utility vehicles apparently may be driven on

designated county roads in Allegany and Garrett Counties at a

speed no greater than 25 miles per hour, for a distance of up to two

miles (in Allegany County) or five miles (in Garrett County), for

the sole purpose of accessing off-road trails or properties designed

for use by off-road vehicles.

C. West Virginia Law

Having concluded that Maryland and local laws allow side-

by-side utility vehicles to be lawfully driven on designated

highways in Allegany and Garrett Counties under limited

circumstances, we turn to your next question: May West Virginia

residents drive their side-by-side utility vehicles on Maryland

highways?

It is your understanding that “West Virginia has approved

road use” of these vehicles “so long as they are titled, properly

registered, display[] a registration plate and are properly insured.”

Opinion Request at 1. You point out that a provision of the

Maryland Vehicle Law provides that “[a] nonresident may drive

. . . a foreign vehicle in this State, without registering the vehicle in

this State,” if the vehicle is registered in the owner’s home state

and the operator carries a current registration card. TR

§ 13-402.1(a). As we understand it, then, you are asking whether

West Virgina residents who comply with that state’s requirements

for road use of side-by-side utility vehicles may drive those

vehicles on any Maryland highway, or whether they are limited, as

are Maryland residents, to driving side-by-side utility vehicles only

on designated highways in Allegany and Garrett Counties, for

limited distances and at no greater than 25 miles per hour. You

describe ongoing “confusion from people from West Virginia and

Maryland” because West Virginia residents “are being told by

some police agencies that [side-by-side utility vehicles] are legal

and being told by others that they are not.” Opinion Request at 1.

112 [109 Op. Att’y

Maryland residents, meanwhile, “are wondering how West

Virginia residents can come into the State of Maryland and operate

[side-by-side utility vehicles] on . . . Maryland roadways when

they, as Maryland residents, are not permitted to do so.” Id.

We look first to West Virginia law. Like the Maryland

Vehicle Law, West Virginia law requires motor vehicles to be

registered to be “driven or moved upon a highway.” W. Va. Code

Ann. § 17A-3-2(a).17 With some exceptions, West Virginia law

allows an individual to “operate a ‘street-legal special purpose

vehicle’ on a street or highway.” Id. § 17A-13-1(a). A “special

purpose vehicle” includes a “utility terrain vehicle,” id.

§ 17A-13-1(b)(1), which is defined to mean “any motor vehicle

with four or more low-pressure or nonhighway tires designed for

off-highway use and is greater than 50 inches in width,” excluding

“mini trucks, golf carts, riding lawnmowers, or tractors,” Id.

§ 17A-1-1(vv). This definition is consistent with our

understanding of side-by-side utility vehicles. A special-purpose

vehicle is “street legal” if it has insurance and is equipped with

certain safety features, such as headlamps and a horn. Id.

§ 17A-13-1(b)(2), (j). “A street-legal special purpose vehicle may

be registered in the same manner as provided for motorcycles[.]”

Id. § 17A-13-1(g). Thus, as we read the West Virginia laws, a

person may drive a side-by-side utility vehicle on highways in that

state if the vehicle is properly insured and registered.18

We return to the Maryland Vehicle Law. As noted above, that

law generally requires a motor vehicle to be registered to be driven

on highways. TR § 13-402(a). But, as you point out, § 13-402.1

of the Transportation Article also allows “[a] nonresident [to] drive

. . . a foreign vehicle in this State, without registering the vehicle in

17

Also like the Maryland Vehicle Law, West Virginia law defines

“street” and “highway” to mean “the entire width between boundary

lines of every way publicly maintained when any part thereof is open to

the use of the public for purposes of vehicular travel.” W. Va. Code Ann.

§ 17A-1-1(ff).

18

The law does, however, impose some limits on which highways are

open to these vehicles. “Street-legal special purpose vehicles are

prohibited from traveling a distance greater than 20 miles on a highway

displaying centerline pavement markings.” W. Va. Code Ann.

§ 17A-13-1(d). The law also prohibits these vehicles from interstates

and other highways that are “controlled access systems.” Id.

§ 17A-13-1(c)(1). And the law allows counties, municipalities, and the

state’s Division of Natural Resources to prohibit, on highways within

their control, the use of street-legal special purpose vehicles. Id.

§ 17A-13-1(c)(2).

Gen. 96] 113

this State,” if the nonresident can show that the vehicle is registered

in their home state.19 You suggest that this provision, “the way the

law is written,” might “permit non-residents to operate [side-by-

side utility vehicles] on Maryland roadways.” Opinion Request at

1. You thus ask whether it would violate Maryland law if “West

Virginia [side-by-side utility vehicles] are not permitted” on

Maryland roads when “they are properly registered in their home

[s]tate.” Id.

In our view, § 13-402.1 of the Transportation Article does not

apply to side-by-side utility vehicles. The exemption applies only

to “a foreign vehicle,” TR § 13-402.1(a), which the Maryland

Vehicle Law defines as “any vehicle that . . . [i]s of a type required

to be registered” under Maryland law, TR § 11-124 (emphasis

added). As already noted above, side-by-side utility vehicles are

not required to be registered under Maryland law. Indeed, with the

possible exception of those that qualify as “farm area motor

vehicles,” there is no way to register side-by-side utility vehicles

under Maryland law. Side-by-side utility vehicles used for

recreation cannot be registered in Maryland and, thus, would not

qualify for the exemption for foreign vehicles in § 13-402.1(a) of

the Transportation Article.

In our opinion, then, West Virginia residents who bring side-

by-side utility vehicles into Maryland are subject to the same

restrictions as Maryland residents. They may not drive them on

any highway in the State except for those designated in Allegany

and Garrett Counties, subject to the limited conditions set forth in

§ 25-102(a)(14)(iii) of the Transportation Article and the laws of

Allegany and Garrett Counties.

III

Conclusion

For the reasons explained above, it is our opinion that the

statewide provisions of the Maryland Vehicle Law do not authorize

the use of side-by-side utility vehicles on Maryland roads. But

lawmakers in Allegany and Garrett Counties, under an express

grant of authority from the General Assembly, have enacted local

laws that permit these vehicles on roads in those counties, subject

19

This exception applies only if the vehicle is not: “(i) [u]sed for

transporting persons for hire, compensation, or profit; (ii) [r]egularly

operated in carrying on business in this State; (iii) [d]esigned, used, or

maintained primarily for the transportation of property; or (iv) [i]n the

custody of any resident for more than 30 days during any registration

year.” TR § 13-402.1(a)(2).

114 [109 Op. Att’y

to certain conditions. Although West Virginia more broadly

authorizes road use of side-by-side utility vehicles in that state,

West Virginia residents who bring those vehicles into Maryland are

subject to the same limitations as Maryland operators of side-by-

side utility vehicles—that is, they are allowed to drive these

vehicles only on designated county roads in Allegany and Garrett

Counties, under the conditions set forth in § 25-102(a)(14)(iii) of

the Transportation Article and the laws of Allegany and Garrett

Counties.

Anthony G. Brown

Attorney General of Maryland

Rachel A. Simmonsen

Assistant Attorney General

Patrick B. Hughes

Chief Counsel, Opinions and Advice

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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