What parents need to know about ATVs, especially for young riders
At the holidays, as a parent or grandparent, it can be fun to give the kid in your life one of those extra big and special, memory-making gifts—the kind you can’t even wrap up, just stick a giant bow on it.
Something that says Fun! Thrills! Independence! A new bike, a surfboard, skis…
Families that love the outdoors and live in an area with wide open spaces, beautiful natural scenery, and the perfect environment for outdoor adventure may consider an ATV. They’re advertised and promoted as great gifts for youths of almost any age. Certain models are designed (in size and power) for children as young as six years old.
What is an ATV?
ATVs or All Terrain Vehicles—also commonly called “quads” or “4-wheelers”—are a type of Off-Highway Vehicle (OHV), a class of motorized vehicles intended for off-road use, that also includes utility-terrain vehicles and recreational off-highway vehicles. They typically have four large puffy tires and a center seat where the driver steers with handlebars. Some three-wheeled versions still exist, but they went out of production over three decades ago due to serious concerns about safety and stability.
ATVs are designed to be ridden on dirt roads and trails, not paved roads. (Nearly 70% of off-road vehicle deaths happen on roadways, where collisions are more likely and pose increased danger of serious injury.) But even when ridden in the intended environment, ATVs have inherent risks.
Due to a high center of gravity, they are prone to tipping and overturning, particularly when driven at high speeds or on rough, uneven terrain. They can weigh upwards of 600 pounds, travel up to 65 mph, and are notoriously hard to control when going fast. They lack a seatbelt or safety cage, are open on top, and have no protective roll bar, leaving riders extremely vulnerable in accidents or collisions. Riders can easily be thrown from and/or rolled on by the vehicle.
Data provided by the Consumer Product Safety Commission (CPSC), indicates that between 2018-2020, there were 2448 OHV-related fatalities in the U.S. ATVs accounted for over two-thirds of those deaths, and almost 300 were kids under 16. In 2022, there were 94,700 injuries related to OHVs, and over 90% involved ATVs specifically.
There are no federal regulations regarding who can ride an ATV, and rules vary from state to state. In many states, it’s legal for children as young as six to ride and operate youth-model ATVs with adult supervision. However, the American Academy of Pediatrics (AAP) advises that kids under 16 should not ride ATVs.
California’s vast areas of open terrain, including deserts, hills, and approved beaches, are enticing territory for 4-wheeling enthusiasts. Sadly, throughout the state, there have been numerous serious accidents this year—as recently as last week in our area—and several ATV-related fatalities, including adolescent riders.
The Golden State has strict laws about ATV use on public lands, including but not limited to:
- Riders (anyone “propelled by” ATV) must wear a helmet that meets the requirements for motorcycles and motorized bicycles.
- Passengers are prohibited (exception for vehicles designed to carry an additional rider, off-highway only)
- ATV riders under age 18 must complete safety certification training; additional requirements are for kids under 14.
- Vehicle must be equipped with a spark arrestor
- Vehicle must be registered or street-licensed
- Visit OHV Regulations for a complete list of regulations
No matter where you live and what environment you ride in, it’s critical to follow safety guidelines when using an ATV:
- Stay on designated ATV trails
- Do not ride on paved streets and highways
- Never ride a 3-wheel ATV
- Do not exceed the number of riders the model is intended to carry
- Kids driving an ATV should never carry passengers
- Take a safety course before riding; become certified where applicable
- Wear safety gear and protective clothing, including an approved helmet and eyewear; long pants, long sleeves, gloves, and boots that cover the ankle
- Ride only during daylight hours
- Maintain a safe speed
- Do not ride under the influence of drugs or alcohol
And if you’re thinking of purchasing or gifting an ATV, be aware that over the last few months, there have been numerous ATV recalls and “stop ride notices”—in several cases involving youth models that violate federal safety regulations and pose very serious hazards for kids. Recent recalls include models by:
- Polaris
- CFMOTO
- Peace Industry Group
- Ricky Powersports
Visit the Consumer Product Safety Commission recalls for a complete list.
Our legal team at Kabateck LLP has a long, successful track record of fighting for our clients’ rights, which includes taking a case all the way to trial…and winning. With numerous seven and eight-figure verdicts and settlements, our attorneys are skilled at exposing dangerous conditions, negligence, malfeasance and more in any type of personal injury matter. We are particularly adept at handling catastrophic personal injury cases, including cases involving severe injuries such as individuals who were paralyzed in an accident, suffered a traumatic brain injury and even wrongful death claims.