New ATV/ORV helmet law

[eldirector]

Anyone with more experience with ATV and ORV laws? Trying to make sense of this new mess.

House enrolled act HB1200 now requires all people under the age of 18 to wear helmets when riding an "off road vehicle".
https://iga.in.gov/legislative/2017/bills/house/1200#document-6b8a705c

IC defines an off-road vehicle as several things:
Indiana Code 2016 - Indiana General Assembly, 2017 Session

IC 14-8-2-185"Off-road vehicle"Sec. 185.
(a) "Off-road vehicle", for purposes of IC 14-16-1 and IC 14-19-1-0.5, means a motor driven vehicle capable of cross-country travel:
(1) without benefit of a road; and
(2) on or immediately over land, water, snow, ice, marsh,swampland, or other natural terrain.
(b) The term includes the following:
(1) A multiwheel drive or low pressure tire vehicle.
(2) An amphibious machine.
(3) A ground effect air cushion vehicle.
(4) An all-terrain vehicle (as defined in section 5.7 of this chapter).
(5) A recreational off-highway vehicle (as defined in section 233.5 of this chapter).
(6) Other means of transportation deriving motive power from a source other than muscle or wind.
(c) The term does not include the following:
(1) A farm vehicle being used for farming, including, but not limited to, a farm wagon (as defined in IC 9-13-2-60(a)(2)).
(2) A vehicle used for military or law enforcement purposes.
(3) A construction, mining, or other industrial related vehicle used in performance of the vehicle's common function,including, but not limited to, a farm wagon (as defined in IC 9-13-2-60(a)(3)).
(4) A snowmobile (as defined by section 261 of this chapter).
(5) A registered aircraft.(6) Any other vehicle properly registered by the bureau of motor vehicles.
(7) Any watercraft that is registered under Indiana statutes.(8) A golf cart vehicle.

What I am concerned about is the "All-terrain Vehicle" and its broad definition.
Indiana Code 2016 - Indiana General Assembly, 2017 Session

IC 14-8-2-5.7"All-terrain vehicle"Sec. 5.7. "All-terrain vehicle", for purposes of IC 14-8-2-185,means a motorized, off-highway vehicle that:
(1) is fifty (50) inches or less in width;
(2) has a dry weight of twelve hundred (1,200) pounds or less;
(3) is designed for travel on at least three (3) nonhighway or off-highway tires; and
(4) is designed for recreational use by one (1) or more individuals.The term includes parts, equipment, or attachments sold with the vehicle.

My daughter has something that is:
- Motorized (12 volt)
- most certainly off-highway
- about 40" in width
- about 75 pounds
- has 4 non highway tires
- recreational-only for max 2 people

SURELY this is not an ATV?

 

[SEIndSAM]

Oh Crap.....don't forget to add the Plates too.......DMV will be hitting you for more money...

 

[Benp]

I know of two young boys who both died in ATV accidents due to head trauma in the last 6 weeks, one of them was a cousin of mine.
While I do think that it's important that people wear helmets, I think that it should be their parents enforcing this instead of this being a law.
You were mentioning your daughter's jeep being an ATV...while it's unlikely that it's going to catch any air on some sweet jumps or roll over due to cornering too quickly, perhaps her next vehicle would be a good time to introduce the helmet and the importance of it. If we can get our little ones used to wearing a helmet then when they are bigger and ride things that would be good for head protection then it will not be foreign to them. My little girl's "ATV" is even smaller than your jeep, but your post has made me think about this and want to incorporate a helmet for her in the future, though through the recent events my wife has told me that our daughter will NEVER have an ATV or ride on one.

 

[eldirector]

I don't care for actual ATV's either. I see their utility purpose, but they never appealed to me recreationaly.

My kiddo does wear a helmet when "required" by us. On her bike or on a horse, for example. Not in my Jeep, which has other (better) safety gear. Personally, I think this new law is ridiculous. Any parent that would have their kid wear a helmet is already doing so. Any parent that isn't, won't be changed by this law. But, most laws are ridiculous anyway. They are to punish folks after the fact, not prevent anything.

Luckily, her next upgrade will likely be classified as a "golf cart". I'll add a real roll bar and harnesses.

 

[Benp]

I don't care for actual ATV's either. I see their utility purpose, but they never appealed to me recreationaly.

My kiddo does wear a helmet when "required" by us. On her bike or on a horse, for example. Not in my Jeep, which has other (better) safety gear. Personally, I think this new law is ridiculous. Any parent that would have their kid wear a helmet is already doing so. Any parent that isn't, won't be changed by this law. But, most laws are ridiculous anyway. They are to punish folks after the fact, not prevent anything.

Luckily, her next upgrade will likely be classified as a "golf cart". I'll add a real roll bar and harnesses.

That's Awesome!

 

[kludge]

I think your safe... the definition says "tires". The Barbie Jeep does not have tires, only solid plastic wheels.

 

[Tactically Fat]

eldirector: Any way to get a link to that golf cart kit?

 

[eldirector]

I think your safe... the definition says "tires". The Barbie Jeep does not have tires, only solid plastic wheels.

Oh, I'm sure my example is a stretch, but the IC doesn't distinguish. Besides, if I were to change out the solid plastic tires (which are separate from the rims) for pneumatic rubber, what then? At what point does a child's toy become an ATV by law?

Speaking of which, I need to pick up some new rear tires for this thing. She can do a mean powerslide in the driveway.

 

[eldirector]

eldirector: Any way to get a link to that golf cart kit?

Sure:
Google "gas powered mini jeep".

I thought I heard a guy down near Evansville can get them. Still chasing that down. Even though they are all Chinese crap, I'd rather support a local business if I can (even a little).

 

[easy]

Looks like someone in the IN legislature has been reading CA laws. Not a good idea.

 

[Tactically Fat]

Sure:
Google "gas powered mini jeep".

I thought I heard a guy down near Evansville can get them. Still chasing that down. Even though they are all Chinese crap, I'd rather support a local business if I can (even a little).

Oh man, those are a lot smaller than I thought.

I was thinking this was somehow a dress-kit for a golf cart!

 

[lovemachine]

Jeep Willys Go Kart / Golf Cart - ATV-Quads-4Wheeler.com

Would those follow the same laws as a golf cart?

 

[eldirector]

Jeep Willys Go Kart / Golf Cart - ATV-Quads-4Wheeler.com

Would those follow the same laws as a golf cart?

One of the pictures shows a golf bag on the back. So, as far as I am concerned, golf cart until a jury says otherwise.

Does bring up a good point: are go-carts considered ATVs under State Law? They meet the definition. I know they are not getting registered. Any carters on here?

 

[indiucky]

El you are the resident expert...Amy stipulations as to what kind of helmet it must be??? My daughter and I were in the Mule Sunday and she asked...I told her until July she's good to go but I didn't know what kind of helmet it had to be...She has her old horse back riding helmet I think...

 

[eldirector]

El you are the resident expert...Amy stipulations as to what kind of helmet it must be??? My daughter and I were in the Mule Sunday and she asked...I told her until July she's good to go but I didn't know what kind of helmet it had to be...She has her old horse back riding helmet I think...

From the first link I posted:

helmet that meets the standards established by the United States Department of Transportation under 49 CFR 571.218 as in effect January 1, 1979

So, probably not a horsey helmet. Seems to be a DOT certified helmet.

And.... ME an expert? That's rich. I'm just trying not to get fines (and exposing government idiocy).

 

[yetti462]

I am not going to get helmets for my kids when we putt to the creek on my farm on the mule. I can see trail riding on public property requiring helmets, but to enforce on private is BS.

 

[indiucky]

And.... ME an expert? That's rich. I'm just trying not to get fines (and exposing government idiocy).

Yes....You support two off road groups.....That thar makes you MY resident expert...And I thank you for freely sharing your knowledge they same way Hough, Kirk, and T Lex share their knowledge of the law here on INGO.....

JPFrog OffroadersIndiana Four Wheel Drive Assoc.

 

[dprimm]

I am not going to get helmets for my kids when we putt to the creek on my farm on the mule. I can see trail riding on public property requiring helmets, but to enforce on private is BS.

but then you are on farm equipment and are exempted.

 

[CountryBoy19]

I am not going to get helmets for my kids when we putt to the creek on my farm on the mule. I can see trail riding on public property requiring helmets, but to enforce on private is BS.

If it is legitimate farm-use then it doesn't fit the definition of an ORV and is exempt from the helmet law.

 

[Tactically Fat]

If it is legitimate farm-use then it doesn't fit the definition of an ORV and is exempt from the helmet law.

My folks have an old (like 2004 vintage) Polaris Ranger side by side. They indeed have a farm - and use that thing almost every day for farm duties. BUT - it's also used for quick jaunts between their farm property and their home (via county roads) and to their other business (also via a county road).

I understand that while the thing is on their own property it's going to be an exempt farm vehicle - but can that classification change once the vehicle leaves or is between non-farm properties?

I'm afraid that this on-road use is going to catch them "out", so to speak, if/when a county mounty decides to press the issue when he sees my kids riding with mammaw to go get a snack from their other business. This vehicle has seat belts that are ALWAYS used with the kids + a full roll cage.