[Adopted 9-6-2018 by Bill No. 4-18, effective 10-21-2018]
As used in this article, the following terms shall have the following meanings:
ALL-TERRAIN VEHICLE (ATV)
A motorized vehicle designed for and capable of crosscountry travel on land, water, snow, ice, marsh, swampland, or other natural terrain. "All-Terrain Vehicle (ATV)" includes:
A. 
A four-wheel-drive or low-pressure vehicle;
B. 
Motorcycle unrelated to wheeled vehicle;
C. 
Amphibious machine;
D. 
Snowmobile;
E. 
Utility task vehicle (UTV).
COUNTY
Board of County Commissioners of Allegany County, Maryland.
PUBLIC ROAD
All public roads in the Allegany County road inventory exclusive of municipal roads and state highways.
R.O.P.S.
Rollover protection system.
A. 
A person may operate an all-terrain vehicle as defined in this article 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.
B. 
A person may operate an all-terrain vehicle to cross a highway at a right angle at a speed of not more than 25 miles per hour.
C. 
A person operating an all-terrain vehicle in accordance with this article shall be subject to the following specific terms and conditions:
(1) 
All applicable speed limits. Operators are put on notice that they are responsible for abiding by 25 miles-per-hour speed limit, even if their vehicle is not equipped with an operable speedometer.
(2) 
All-terrain vehicles may be operated on a County roadway for a distance not to exceed two miles.
(3) 
The County may, by resolution, close or restrict any specific roads to all-terrain vehicle use.
(4) 
Subject to the regulations contained in this article, only all-terrain vehicles as defined by the Transportation Article of the Annotated Code of Maryland are hereby allowed on public roads in accordance with this article.
(5) 
All-terrain vehicles must be registered every year and pay a registration fee as set forth by the County to operate on County roadways. The registration sticker must be placed prominently on the rear of the vehicle.
(6) 
All-terrain vehicle operators must have proof of valid liability insurance covering the vehicle.
(7) 
All-terrain vehicle operators must possess a valid driver's license or be eligible for a driver's license.
(8) 
Helmets required. Unless the ATV is equipped with a factory R.O.P.S., the operator or passenger of the A TV will not operate on any portion of the roadway unless the operator and passengers are wearing protective headgear that meets the standards established by the Maryland Transportation Administration. In such cases where the ATV is equipped with a factory R.O.P.S., the operator and passengers will utilize the factory seatbelts when operating the ATV on any portion of the roadway.
(9) 
No passengers are permitted on single-seat all-terrain vehicles. Passengers on all other all-terrain vehicles are limited to the number of manufacturer-installed passenger seats of the vehicle.
(10) 
All-terrain vehicles must have at least an operating brake light and headlight when in operation on County roadways.
(11) 
All-terrain vehicles must have an operating braking system allowing the operator to safely control the vehicle.
(12) 
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.
(13) 
Failure to abide by any of the above conditions contained in this article when operating an all-terrain vehicle on County roadways shall constitute a violation of this article.
A person possessing a valid ATV permit from Garrett County may operate an ATV upon County roads in accordance with this article, as long as the registration is valid and the person abides by all the terms and conditions of this article. Reciprocity will also be granted to Washington County in the event that Washington County obtains authorization from the Legislature and enacts a registration and regulation scheme similar to that of Allegany County and Garrett County.
A. 
The following fines and penalties shall apply for any violation of this article:
(1) 
First violation: $100.
(2) 
Second violation: $250 and a sixty-day suspension from using all-terrain vehicles on County roadways.
(3) 
Third violation: $500 and a one-year suspension from using all-terrain vehicles on County roadways.
B. 
A violation of this article shall be considered a civil infraction in accordance with Maryland law.
The County may from time to time by regulation establish the manner of registration of all-terrain vehicles and the fees for registration of all-terrain vehicles.