55-8-185 - Use of off-highway motor vehicles on highways.

55-8-185. Use of off-highway motor vehicles on highways.

(a)  Off-highway motor vehicles defined in § 55-3-101(c)(2) may be operated or driven upon a highway but only as follows:

     (1)  On a two-lane highway, only to cross the highway at an angle of approximately ninety degrees (90°) to the direction of the roadway and at a place where a quick and safe crossing may be made;

     (2)  With respect to the crossing of a highway having more than two (2) lanes, or a highway having limited access, off-highway motor vehicles may cross these highways, but only at a place designated by the department of transportation or local government authorities with respect to highways under their respective jurisdictions as a place where such motor vehicles, or specified types of such motor vehicles, may cross the highways, and these vehicles shall cross these highways only at those designated places and only in a quick and safe manner; and

     (3)  The department and local government authorities with respect to highways under their respective jurisdictions may designate, by the erection of appropriate signs of a type approved by the department, places where these motor vehicles, or specified types of these motor vehicles, may cross any highway having more than two (2) lanes or having limited access.

(b)  Off-highway motor-driven cycles defined in § 55-3-101(c)(2) may be moved, by nonmechanical means only, adjacent to a roadway, in a manner so as to not interfere with traffic upon the highway, only for the purpose of gaining access to, or returning from, areas designed for the operation of off-highway vehicles, when no other route is available. The department or local government authority may designate access routes leading to off-highway parks as suitable for the operation of off-highway vehicles, if such access routes are available to the general public only for pedestrian and off-highway motor vehicle travel.

(c)  (1)  Notwithstanding any law to the contrary, three- or four-wheel all-terrain vehicles may be operated on:

          (A)  State Route 116 between Railroad Street and Beech Grove Lane within the jurisdiction of Lake City in Anderson County; and

          (B)  Oneida & Western (O&W) Railroad Road from its intersection with Verdun Road southwestward to its terminus, within the jurisdiction of Scott County.

     (2)  Drivers operating vehicles pursuant to subdivision (c)(1) shall obey the rules of the road and operate with due care. While on the authorized portion of the highways designated in subdivision (c)(1), the vehicles shall display tail lamps and headlights. Headlights on the vehicles shall, under normal atmospheric conditions and on a level road, produce a driving light sufficient to render clearly discernible a person two hundred feet (200¢) ahead.

(d)  A violation of this section is a Class C misdemeanor punishable by a fine only of not more than fifty dollars ($50.00).

[Acts 1982, ch. 749, § 2; 2005, ch. 60, § 1; 2007, ch. 448, § 1.]