32

32-20-2. Special qualification required to operate motorcycle--Exceptions--Valid license required to operate moped or all-terrain vehicle--Waiver of test--Violation as misdemeanor. No person may operate a motorcycle, except a moped as defined in § 32-20-1 or a licensed all-terrain vehicle as provided by § 32-20-13, on the public streets or highways without a motor vehicle driver's license or permit upon which a state testing officer has certified that such person is qualified to operate such motorcycle. However, the operator of a moped or licensed all-terrain vehicle shall have a valid motor vehicle operator's license or permit. The department may waive the testing requirements upon completion of a motorcycle safety course approved pursuant to § 32-20-14. A violation of this section is a Class 2 misdemeanor.

32-20-4. Protective helmet required for minor--Violation as misdemeanor. No person under eighteen years of age may operate or ride upon a motorcycle on the public streets or highways of this state unless the person wears a protective helmet of a type meeting Department of Transportation Motor Vehicle Safety Standard 218 as in effect on January 1, 1984. No person may operate a motorcycle with any person under the age of eighteen as a passenger if the passenger is not wearing a protective helmet. A violation of this section is a Class 2 misdemeanor.

32-20-12. Off-road vehicles--Operation on certain lands as misdemeanor--Registration--Title certificate. No person may operate on a public street or highway an off-road vehicle except for crossing from one side of the road to the other. A person twelve years of age or older may operate an off-road vehicle in a highway ditch if the vehicle is operated as close as possible to the outer edge of the highway right-of-way. However, no person may operate an off-road vehicle in a highway ditch along the interstate highway system, or operate an off-road vehicle on any lands owned, leased, or controlled by the Department of Game, Fish and Parks, or any highway ditch located within, except on a designated off-road vehicle area or designated trail, or operate an off-road vehicle in a highway ditch that is designated as part of the state snowmobile trails system pursuant to chapter 41-19 or a public bike trail. A violation of this section is a Class 2 misdemeanor.

Off-road vehicles need not be registered and licensed for use upon the highways except as provided in § 32-20-13. Off-road vehicles shall be titled. The Department of Revenue shall issue a certificate of title for off-road vehicles the same as for other motor vehicles subject to the provisions of chapter 32-3.

32-20-13. All-terrain vehicle licensed as motorcycle--Requirements--Use on interstate highway system prohibited--Violation as misdemeanor. Any all-terrain vehicle with four or more wheels and with a combustion engine having a piston or rotor displacement of two hundred cubic centimeters or more may be licensed as a motorcycle pursuant to chapter 32-5 to be used on a public highway. Prior to being licensed the all-terrain vehicle shall meet the necessary light, brake, and other vehicle accessory requirements provided by chapters 32-15, 32-17, and 32-18 that are applicable to motorcycles. The licensed all-terrain vehicle may not be operated on the interstate highway system. A person who operates such a licensed all-terrain vehicle on the interstate highway system is guilty of a Class 2 misdemeanor.