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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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my grandsons have been given a rather large 4 wheeler. 10,

Customer Question

my grandsons have been given a rather large 4 wheeler. 10, 7, 6 yrs old. state of va. what are the laws required for them? helmets? age to drive? can the adult parent who lets them drive it be held responsible should an accident happen?
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

A 4-wheeler is considered an All Terrain Vehicle (ATV). Under Virginia law:

ATVs over 50 cc's and purchased as new on or after July 1, 2006 required to be titled.

All ATV riders must wear helmets.

No one under 16 may operate an ATV, except that children between the ages of 12 and 16 may operate ATVs of no more than 90 cc's and children less than age 12 may operate ATVs of no more than 70 cc's.

No passengers are permitted on an ATV at any time, except if ATV is designed to be operated with a passenger.

ATV use on public highways is prohibited, except to cross these roads, for agricultural purposes, or while in Buchanan County.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 17 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

but can the adult that is allowing the under age child to ride the atv be held responsibile. I 'heard' the adult can be charged with Child Endangerment....should an accident happen. nothing has happened I am trying to avoid this with the charge info to the adult. I printed those rules off a website. thanks

Expert:  TexLaw replied 1 year ago.
The statute (available at: DANGEROUS URL REMOVED?000+cod+46.2-915.1) states that each violation will draw a fine of $500 or less.

I suspect that if a child was injured then the supervising adult or parent could be charged with child endangerment if the prosecuting attorney found circumstances warranting it. But the statute does not automatically call for a endangerment charge.

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