I don't agree that this is quite as clear a legal situation as could be.alvins wrote:no and no.WildBill wrote:Is an ATV classified as a motor vehicle in Texas? I think that is the clue to answer your question.
Is it even legal to ride an ATV on a public road?
The first question is truly the major part. Since motor vehicle is not defined in section 46.02 you need to look further. As I was taught, you first look at the chapter, then the title, then the code, then other codes, etc. In chapter 49, dealing with DWI, motor vehicle is defined by reference to section 32.34. Vehicle is also defined in chapter 30 on burglary of a vehicle, even though motor vehicle is not defined there. Chapter 31 cross references the definition to section 501.002 of the Transportation Code. Many of these definitions differ, but the one in 501.002 specifically includes an ATV designed to be used off road as a motor vehicle.
The Code Construction Act says that a term has its common meaning unless it has come to have a specific meaning in the law. When the legal definitions differ as much as they do in this case, I would think we could use the common definition. Since the common definition would include an ATV as a motor vehicle (my opinion, it could be argued), I would make a strong argument that 46.02 does include an ATV.
Many of the definitions, and the people here, base their interpretation of motor vehicle as something that can be legally driven on a public street (and, BTW, highway does include regular streets when used in the laws - not just what we think of as a highway). So, I thought I would point out that in some cases, an ATV CAN be legally driven on regular streets. In addition to crossing streets while riding, anyone can operate an ATV on the street in conjunction with production or marketing of agricultural products. Also police officers can drive them on the streets in conjunction with their duties.
So, if the question of the application of the MPA revolves around either the definition of a motor vehicle or if the vehicle can be legally driving on the street, I have to say the answer is...not clear enough to be sure. Sorry, but I can see strong arguments that it is included and strong arguments that this was never intended. I would hate to be a test case on this.