ERMA – Lower Township Police are cautioning ATV (all-terrain vehicles) and off road dirt bike enthusiasts about the rules and regulations regarding their vehicles. Police have received a number of complaints about the use of these vehicles on roadways and on private property. Lower Township Police advise we will take a zero tolerance approach to enforcing all rules regarding these and other non-traditional street vehicles.
Lower Township Police will be issuing applicable citations in accordance with New Jersey Statutes under Title 39 – Motor Vehicles and Traffic Regulations, as well as Lower Township applicable ordinances.
We encourage residents to contact Cape May County Dispatch to report violations at 609-886-2711. Please provide as detailed a description on the ATVs, Dirt Bikes, Operators and Passengers, direction of travel or location the ATVs or dirt bikes are housed.
Lower Township Ordinance 647-1 Operation of unlicensed vehicles restricted states:
It shall be unlawful for any person to operate any type of unlicensed motor vehicle or conveyance, including but not limited to two-wheel motor vehicles known as “mini-bicycles,” “dirt bicycles,” “motor scooters,” “dirt bikes,” and four-wheel motor vehicles commonly known as “go-carts” as follows:
A.
Upon any street, sidewalk, easement, park, recreation area, ball park, lake area, storage facility, garage area, or any other land or premises owned, maintained, or commonly used by the Township, except as provided by law.
B.
Upon private property not owned by the operator unless the operator of the motor-driven vehicle has in his possession a written statement executed by the owner of the property, granting to him permission to operate the vehicle on the private property.
Lower Township Ordinance 647-2 Impounding of vehicles in violation; payment of costs states:
A.
Any motor driven vehicle operated in violation of § 647-1 shall be impounded by the police pending a judicial determination of the purported violation of § 647-1 hereto.
B.
Upon conviction, the owner and/or the operator, as directed by the court, shall pay to the Township the sum of $50 to defray the costs of impounding and storing the vehicle
From the New Jersey Motor Vehicle Commission website:
All-terrain vehicle (ATV) or Dirt Bikes: license
You do not need a permit or license to operate an all-terrain vehicle (ATV) in New Jersey. However, the vehicle must be registered and you must observe the following regulations:
- Operator must be at least 14 years old.
- Always carry proof of liability insurance and current registration.
- Use the ATV or dirt bike for off-road use only.
- If you are under 18 years old, you must enroll in the ATV Safety Institute course to operate an ATV; if you are operating a dirt bike you must enroll in the safety course provided by dirtbikeschool.org to obtain a safety certificate*. For information on fees and duration of the course, please check their website or call (800) 887-2887.
- Anyone under age 16 is prohibited from operating an ATV or dirt bike with an engine capacity greater than 90 ccs during training or while on public lands or waters or to cross a public roadway.
- Individuals cannot sell more powerful ATVs or dirt bikes to anyone under 16 years of age.
- ATV and Dirt Bike use is prohibited in all New Jersey State Parks and Forests – no exceptions.
- To register an ATV or dirt bike a Form BA-49 must be completed and submitted to the NJMVC, along with proof of insurance and ownership.
*If you are under age 18 and only operate an ATV or dirt bike at licensed special events, you are exempt from the safety education course. You are also exempt if the ATV or dirt bike is used on public lands or waters or across a public highway as an incident to or in the actual performance of the operations of a farm that is adjacent to the public land and or water or public highway upon which the vehicle is being operated.
NJ Title 39:3c-1 defines ATVs and Dirt Bikes:
“All-terrain vehicle” means a motor vehicle, designed and manufactured for off-road use only, of a type possessing between three and six non-highway tires, but shall not include golf carts or an all-terrain vehicle operated by an employee or agent of the State, a county, a municipality, or a fire district, or a member of an emergency service organization or an emergency medical technician which is used while in the performance of the employee’s, agent’s, member’s or technician’s official duties.
“Dirt bike” means any two-wheeled motorcycle that is designed and manufactured for off-road use only and that does not comply with Federal Motor Vehicle Safety Standards or United States Environmental Protection Agency on-road emissions standards.
