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