 Bob asks the question: "Is it legal to ride double on an ATV?"
ATV manufacturers strongly state that there should be no passengers on an ATV. This strong wording is provided, usually on each and every ATV so that the manufacturers can avoid any liability due to an accident due to riding with a passenger. However strongly worded their caution, it does not constitute a legal mandate. An ATV online Magazine, Steel Riders.com1 reports studies of accidents involving ATVs2 indicate that there is a higher likelihood of accidents with injuries including death when riding with a passenger on an ATV. The Consumer Product Safety Commission revealed that 3,311 ATV related fatalities occurred in the United States from 1982 to 1998. Of these 467 or approximately 14% were attributed to riding double in a 16 year period. A much greater percentage were directly attributed to not wearing a helmet (73%) Admittedly, riding double is not a totally safe practice. Now as to the legality of riding double, tandem or with a passenger, however you may wish to term the practice. It is my reasonable man's opinion that it is not an illegal practice under the laws of the State of Utah. I draw my conclusion from the information provided on the Utah State Parks and Recreation web site3 that sets forth the laws for riding ATVs in the State of Utah. I see nothing under the sections that indicate a legal obligation to comply that would indicate that riding with a passenger would be illegal. Of particular note is the additional section provide under "Safety Tips". These suggestions are common sense advise based on real life experience that would tend to make the use of the ATV more safe. This information is not legally binding, but offered as an important element of additional advise. Under this section you will find the "Tip" that states: "Unless your OHV is designated to carry passengers, don't." Additionally, there is one section of the United States code that may
be interpreted to include riding double: "The following are prohibited
in the National Forest System under
While this may loosely interpreted to indicate riding double may be "without regard to safety," it would seem that the practice itself may not be deemed to immediately endanger a person's life as long as the conduct the activity is demonstrated to include appropriate concern for safety, for example, wearing helmets, goggles, other safety equipment and not using the practice in difficult or dangerous areas of a trail. It is not safe to ride without a helmet, but the Law allows people over the age of 18 to make that choice for themselves. In this manner it is similar to the choice of the advisability of riding double on an ATV. While it is not generally advisable, it seems there are no present restrictions beyond the common sense that one may choose to employ. Perhaps most important to consider is that whenever riding double occurs, for whatever reason there should be very serious attention to caution and avoid circumstances that may call to question the safety of the participants. Should I ever change my mind about this conclusion, I'll be happy to
indicate it here.
1http://www.atvtime.com/steelriders/Features/Others/DeathAndYourATV.html
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