(A) A person may operate an all-terrain vehicle or a snowmobile on not more than 2 miles of a highway designated by the Board on not more than 2 miles 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 or snowmobile is authorized, or to a field, or to another area where the operation of an all-terrain vehicle or a snowmobile is authorized, to cross a highway on an all-terrain vehicle or a snowmobile at a right angle at a speed of not more than 25 miles per hour.
(B) The authorizations granted by this section 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 limits even if their vehicle is not equipped with an operable speedometer.
(2) All-terrain vehicles and snowmobiles may be operated on a Garrett County roadway for a distance not to exceed 2 miles.
(3) The Board of County Commissioners may, by resolution, close or restrict any specific road to all-terrain vehicles or snowmobile use.
(4) Subject to the regulations contained in this section, only all-terrain vehicles and snowmobiles, as defined by the Transportation Article of the Annotated Code of Maryland, are hereby allowed on roads in the Garrett County Roadway Inventory ("Garrett County roadways”), excluding municipal roads and state highways, subject to the conditions set forth in this section.
(5) All-terrain vehicles and snowmobiles must be registered every year and pay a registration fee as set by the Garrett County Commissioners to operate on Garrett County roadways. The registration sticker must be displayed prominently on rear of the vehicle.
(6) All-terrain vehicle and snowmobile operators must have proof of valid liability insurance covering his or her vehicle.
(7) All-terrain vehicle and snowmobile operators on Garrett County roadways must possess a valid driver's license or be eligible for a driver's license.
(8) Helmets are required.
(a) Unless the ATV or UTV is equipped with a factory R.O.P.S. (Roll Over Protection System), the operator or passenger of the ATV or UTV will not operate on any portion of the roadway unless the operators and passengers are wearing protective headgear that meets the standards established by the Administration as defined in TA 21-1306.
(b) In such cases where the ATV or UTV is equipped with a factory R.O.P.S. (Roll Over Protection System), the operator and passengers will utilize the factory seat belts when operating the ATV or UTV on any portion of the roadway.
(9) No passengers are permitted on single seat all-terrain vehicles and snowmobiles; passengers on all other all-terrain vehicles and snowmobiles are limited to the number of manufactured installed passenger seats on the vehicle.
(10) All-terrain vehicles and snowmobiles must have at least an operating brake light and headlight when in operation on Garrett County roadways.
(11) All-terrain vehicles and snowmobiles must travel single file on the right-hand shoulder or the extreme right-hand side of a road and left hand turns may be made from any part of the road if it is safe to do so under the prevailing conditions.
(C) Failure to abide by any of the above conditions when an all-terrain vehicle or snowmobile is in use on Garrett County roadways shall constitute a violation of this section.
(D) Fines and penalties for violations of this section:
(1) First violation - $100;
(2) Second violation - $250 and a 60-day suspension from using all-terrain vehicles or snowmobiles on Garrett County roadways;
(3) Third and subsequent violations - $500 and a lifetime suspension from using all-terrain vehicles or snowmobiles on Garrett County roadways;
(E) Enforcement of this section shall be a municipal infraction.
(F) If any provision of this section is found to conflict with Maryland state law or with federal law, all other portions shall remain in full force and effect.
(Res. 2017-6, passed 9-19-2017)