Dirt bikes are popular among enthusiasts of extreme sports. They may be used on off-road trails or courses designed for dirt bike racing, but they are normally not permitted on public roads or highways. Additionally, having a dirty bike means you must abide by certain rules and regulations.
Generally, dirt bikes are not street legal in New York unless you make specific alterations to the bike, which can be costly. If you make your bike street-legal, you must also have insurance like you would for any other vehicle on the road. If you are injured in a dirt bike accident on a public road, getting compensation may be difficult, as dirt bikes should not be on public roads to begin with. Additionally, owners of recreational land for dirt bikes (e.g., trails and racetracks) may enjoy limited liability in accident cases.
For a free case evaluation from our New York personal injury lawyers, call The Carrion Law Firm at (718) 841-0083.
What Dirt Bikes Are Street-Legal in New York?
While dirt bikes are popular, they should not be found on your local streets or highways. These are off-road vehicles that must never be operated on the road unless special conditions are met.
According to the New York Department of Motor Vehicles, dirt bikes may be considered ATVs and may not be operated on public roads or highways unless they are altered to be street-legal. Doing so is a violation, and you could be stopped by law enforcement. Crossing a public road or highway may be permitted, but it should be done quickly and safely.
You may operate a dirt bike on public roads if you alter it to be street-legal. This may involve adding headlights, taillights, a horn, and mirrors, and ensuring that other equipment meets the standards set by the Department of Transportation.
If you were stopped by law enforcement for riding a dirt bike, but the bike is street-legal, talk to your attorney about what to do. You might be facing heavy fines, and the bike could be impounded.
Accidents Involving Illegal Dirt Bikes on Public Roads
What happens if you are involved in an accident with an illegally operated dirt bike? You might be hit by someone on a dirt bike on a public road. Even more complicated, you might be the one operating the illegal dirt bike. Either way, talk to a lawyer soon.
If the person who caused the accident was operating the dirt bike, you might stand a strong chance of getting financial compensation. The defendant should not have been operating the dirt bike on a public road to begin with, which does not bode well for them in court. A court may be more inclined to find in your favor because you were not the one violating the law.
If you were the one operating the dirt bike illegally, an attorney might be able to help you mitigate the situation. First, was the bike street legal? While dirt bikes are generally not allowed on public roads, they may be if they are altered to be street-legal.
Even if the bike was not street legal, did you honestly believe it was? Perhaps you made some modifications to make the bike street-legal, but a few key components were missing. Highlighting an honest mistake might make the court more sympathetic toward you.
Accidents on Private Trails or Dirt Bike Tracks
Dirt bikes are off-road vehicles that are often used on trails and racetracks on private land. If you are injured in an accident on a trail or track like this, the landowner might be liable, but their liability may be limited by law.
According to S.C. Code Ann. § 27-3-30, a landowner owes no duty of care to keep the land safe for people who have obtained permission to use it for “recreational purposes.” Recreational purposes may include various outdoor activities, like riding dirt bikes on trails or race tracks.
This means that if you are in a dirt bike accident because the trail is uneven or the track has a large hole in your path, the landowner may not be held liable.
Even so, landowners are not totally shielded from liability in every circumstance. Under § 27-3-60(a), a landowner is not shielded from liability if their actions amount to gross negligence or a willful or malicious failure to protect against dangerous conditions.
Registration and Licensing Requirements for Dirt Bikes in New York
While a dirt bike is not a large vehicle like a car or truck, riders may still have to abide by certain registration requirements. If you have a dirt bike and are unsure about how to register it, talk to an attorney for help.
Generally, you do not have to have a driver’s license to operate a dirt bike as long as it is used for off-roading rather than on public roads. If you operate your dirt bike on a public road, you must have a license, even if the dirt bike is not street-legal.
Depending on where you ride your dirt bike, you might have to register it with the DMV. Riders must register ATVs, including dirt bikes, with the DMV, unless they only use the vehicle at special events, such as dirt bike competitions.
If you buy a dirt bike from a licensed ATV dealer in New York, they must register the vehicle before delivering it to you. If you buy it from someone else, you must register it yourself.
Who May Operate a Dirt Bike
Most people may operate a dirt bike without a driver’s license, but some restrictions apply for younger riders.
First, you do not need a driver’s license if you operate your dirt bike on private land and not on public roads. Those 16 and older may operate a dirt bike freely as long as they comply with the rules and regulations set by the DMV.
Individuals under 16 may face additional restrictions. If you are 14 or 15, you may only operate a dirt bike or ATV under adult supervision unless you are on private land owned by a parent or guardian.
Alternatively, you may operate a dirt bike without adult supervision if you are on land where ATVs and dirt bikes are permitted and have completed a DMV approved safety training course.
Riders under 14 may only operate a dirt bike under adult supervision or without adult supervision on land owned by a parent or guardian.
Who May Be Responsible for Dirt Bike Accidents in New York
Dirt bike accidents are common, especially when inexperienced riders are on rough, off-road terrain. However, accidents may also involve dirt bikes on public roads, and an attorney can help you determine who is responsible.
Dirt Bike Riders
The person operating the dirt bike might be held liable for your injuries after an accident. As mentioned above, accidents involving dirt bikes operating illegally on public roads are often the fault of the dirt bike riders. Even if they did not directly cause the accident, they may bear some blame simply for operating their bike somewhere illegally.
If you were injured on a private dirt bike track or other private property, our Brooklyn, NY personal injury lawyers may need to thoroughly examine how the accident happened to determine who is to blame. Collisions between two or more riders are possible, and one of the riders might have been negligent.
Property Owners
Property owners might also be held responsible for your dirt bike accident. However, remember that owners of land used for recreational purposes may be shielded from liability in many circumstances, and you should talk to an attorney about it right away.
While landowners are generally not responsible for making sure the property is safe for recreational purposes, they may still be held liable for gross negligence. For example, if a landowner knows that their property is extremely unsafe for dirt bike riders and an accident is highly likely, but they allow riders to use the land anyway without warning them of the danger, they might be held liable.
Others
Others may be responsible for a dirt bike accident, even if they are not present during the accident.
One possibility is that your dirt bike malfunctioned due to a faulty part. If the part was brand new and recently installed, the manufacturer might be held liable for producing a defective part. We might also sue the retailer you purchased the bike from and anyone else in the chain of sale.
Penalties for Illegally Operating a Dirt Bike
If you are stopped by law enforcement while you are illegally riding a dirt bike on a public road, you might face some stiff consequences. In some cases, you may want to hire a lawyer to help you deal with everything.
The penalties for illegally operating a dirt bike on a public highway or road often include a fine. Exactly how big your fine is may depend on the town or city where you were stopped.
In some cases, dirt bikes may be impounded by law enforcement. This is more likely if you are stopped after an accident on a public road or you are riding a dirt bike in a dangerous or reckless manner. Not only might you have to pay a traffic citation, but you must also pay more money to get your dirt bike out of impoundment.
Dirt Bike Equipment Requirements in New York
There are numerous other requirements for dirt bike riders other than registration and avoiding public roads. Safety gear and the bike itself must meet certain standards.
One of the most important pieces of safety equipment is your helmet. Not only must you have a helmet while riding a dirt bike, but the helmet must meet standards set by the U.S. Department of Transportation. Such helmets may be available from licensed ATV and dirt bike retailers.
There are also strict requirements regarding the bike itself and various parts. The brakes must be in good condition, and the muffler must meet federal safety standards.
Your bike should be equipped with a spark arrester designed to prevent hot, flammable particles from exiting through the exhaust and causing a fire. The spark arrester must be one approved by the U.S. Forest Service.
The tires on your dirt bike must also be in safe working conditions. Tires should have at least 2/32nds of an inch tread without visible cuts, breaks, exposed cords, or bulges.
When riding after sunset, you must have headlights and taillights equipped on the bike.
Can I Get a DWI on a Dirt Bike?
New York’s DWI laws apply to all motor vehicles, including off-road vehicles like dirt bikes and ATVs. This means that if you are stopped by the police on a dirt bike, and they suspect you are under the influence of drugs or alcohol, you may be charged with a DWI.
According to V.A.T. Law § 1193(a), a first-time DWI offense may be punished with a fine of at least $300 and up to $500 in addition to no more than 15 days in jail. Repeat offenders may face even harsher penalties.
Dirt bikes are popular among young people, many of whom might be under 21. Under § 1192-a, riders under 21 may not operate a dirt bike after consuming any amount of alcohol. You may be found guilty with a blood alcohol concentration as low as .02%.
Do I Need Insurance for a Dirt Bike in New York?
Having insurance that covers your dirt bike and dirt bike accidents is a good idea, but it is not required in every situation. Generally, if you operate a dirt bike on private land for recreational purposes, insurance is not legally required.
However, you must have insurance for your dirt bike if you want to modify it to be street-legal. Like any other vehicle operated on public roads, insurance is required by law. If you do not have insurance, you might face heavy fines and traffic citations.
Contact Our New York Personal Injury Attorneys For Legal Support
For a free case evaluation from our Queens personal injury lawyers, call The Carrion Law Firm at (718) 841-0083.