ATV unlawful roadway operation
Florida Statute § 316.2123
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
ATVs are generally prohibited on public roads, with a daytime exception for unpaved roads posted below 35 mph. Counties may opt out or designate qualifying routes, so confirm the local rule and signs. Permitted operation requires a licensed driver or a minor directly supervised by a licensed driver, and the operator must provide ownership proof on request. Document vehicle type, surface, speed limit, time, supervision, and local authorization; the exception is not a general right to use paved streets.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- ATV
- Type
- Moving
- Civil / Criminal
- Civil
- Offense Classification
- Moving infraction
- Points
- 3
- Fine / Penalty
- $60 base moving penalty; speeding/enhanced-zone schedules may differ
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- No, generally
- NTA Eligible
- N/A — civil citation
- Custodial Arrest
- No — civil infraction (absent separate lawful basis)
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.