E-Moto Hub

Maryland

What Maryland law says about riding an electric dirt bike, question by question. 6 of 6 answered from official text. Where the state has no rule on a question, the page says "No statewide rule found" and what the law does cover.

Published

Reviewed . Sources: Md. Code, Transp. § 11-140.1(a)(3), (b); § 11-135(a)(1); § 11-176(a)(2); Crim. Law § 6-401(b); Md. Code, Crim. Law § 6-405(c), § 6-401(b)(2); Nat. Res. § 5-209(b)(1), (b)(3)(i), § 10-410(d)(1)(ii); COMAR 08.01.03.03A(1), A(4), G; Md. Code, Transp. § 21-1306(b); § 21-101.1(a); COMAR 08.01.03.05B(1); COMAR 08.01.03.03E(2); COMAR 08.01.03.03A(1)-(2); Md. Code, Transp. § 25-102(a)(20)(i)-(iii); Md. Code, Transp. § 13-402(a)(1); § 13-401(a), (b); § 11-140.1(a)(3); § 25-102(a)(14)(i), (iii); Md. Code, Transp. § 11-117.1(a), (b); § 11-140.1(b)(3).

The answers

Is an electric dirt bike an off-highway vehicle?

Maryland's Transportation Article defines an "off-highway recreational vehicle" to include a motorcycle that is designed for off-highway operation and is not eligible for registration as a Class D (motorcycle) vehicle, commonly known as a dirt bike. The definition does not include an electric bicycle, a farm vehicle when used exclusively on farm property by a farmer, or any vehicle when used on residential property for landscaping, gardening, or lawn care. A "motor vehicle" is defined as a vehicle that is self-propelled or propelled by electric power obtained from overhead electrical wires and is not operated on rails, and "vehicle" includes an off-highway recreational vehicle. Separately, the Criminal Law Article defines an "off-road vehicle" as a motorized vehicle designed for or capable of cross-country travel on or immediately over land or other natural terrain, and that term includes a motorcycle or a related two-wheel vehicle.

Md. Code, Transp. § 11-140.1(a)(3), (b); § 11-135(a)(1); § 11-176(a)(2); Crim. Law § 6-401(b), checked . Official text for Maryland, Md. Code, Transp. § 11-140.1(a)(3), (b); § 11-135(a)(1); § 11-176(a)(2); Crim. Law § 6-401(b), external site

What it needs to ride public off-road land

Maryland's Criminal Law Article provides that, except as otherwise allowed by law, a person may not use an off-road vehicle on property known by the person to be owned or leased by the State or a political subdivision; "off-road vehicle" there includes a motorcycle or a related two-wheel vehicle. Natural Resources § 5-209(b)(3)(i) states that, prior to March 31, 1976, every off-road vehicle to be used on Department lands shall be registered and provided suitable identification by the Department, which charges an annual uniform fee; the term is defined to include motorcycles and related two-wheel vehicles. Only for the Department's designated ORV trails, COMAR 08.01.03.03 adds that the ORV must be registered annually with the Department and display a registration sticker, or be registered with the Motor Vehicle Administration as a licensed motor vehicle for on-road use, and that daily reservation permits must be acquired online through the Department's ORV permit reservation systems.

Md. Code, Crim. Law § 6-405(c), § 6-401(b)(2); Nat. Res. § 5-209(b)(1), (b)(3)(i), § 10-410(d)(1)(ii); COMAR 08.01.03.03A(1), A(4), G, checked . Official text for Maryland, Md. Code, Crim. Law § 6-405(c), § 6-401(b)(2); Nat. Res. § 5-209(b)(1), (b)(3)(i), § 10-410(d)(1)(ii); COMAR 08.01.03.03A(1), A(4), G, external site

Helmet rule off-road

No statewide rule found

No statewide off-road helmet rule found. Transportation Article § 21-1306(b) requires protective headgear meeting the Administrator's standards for an individual operating or riding on a "motorcycle", and the provisions of that title relating to the driving of vehicles refer only to the driving of vehicles on highways, with stated exceptions; the Department of Natural Resources regulation COMAR 08.01.03.05B(1) requires protective headgear meeting COMAR 11.13.05.02 for an individual operating or riding an ORV, in a chapter under which an ORV registration authorizes use only in the Department's designated ORV trail areas.

That is not the same as no rule: land managers, local governments and tracks set their own, so ask whoever manages the ground before you ride.

What we read: Md. Code, Transp. § 21-1306(b); § 21-101.1(a); COMAR 08.01.03.05B(1); COMAR 08.01.03.03E(2), checked . Official text for Maryland, Md. Code, Transp. § 21-1306(b); § 21-101.1(a); COMAR 08.01.03.05B(1); COMAR 08.01.03.03E(2), external site

Age and supervision rules for young riders

No statewide rule found

No statewide age, supervision or training rule for operating an off-road motorcycle found. COMAR 08.01.03.03A covers only the Department of Natural Resources' designated ORV trail areas: there the operator must hold a valid driver's license in the operator's possession, or hold a Maryland learner's permit and be accompanied by a licensed driver, or be 12 years old or older and accompanied on the trail by a parent or legal guardian who holds a valid driver's license in that person's possession. Transportation Article § 25-102(a)(20) says the Maryland Vehicle Law does not prevent a local authority, as to highways under its jurisdiction in Charles County, from imposing age restrictions on the operation of off-highway recreational vehicles.

That is not the same as no rule: land managers, local governments and tracks set their own, so ask whoever manages the ground before you ride.

What we read: COMAR 08.01.03.03A(1)-(2); Md. Code, Transp. § 25-102(a)(20)(i)-(iii), checked . Official text for Maryland, COMAR 08.01.03.03A(1)-(2); Md. Code, Transp. § 25-102(a)(20)(i)-(iii), external site

Riding it on public roads

Maryland law requires each motor vehicle driven on a highway to be registered, except as otherwise provided in that section or elsewhere in the Maryland Vehicle Law, and a person may not drive a vehicle that is required to be registered on a highway in the State if it is not registered. The off-highway recreational vehicle definition describes a dirt bike as a motorcycle that is designed for off-highway operation and is not eligible for registration as a Class D (motorcycle) vehicle. If a person is convicted of driving an unregistered vehicle in a case that involved the use of an off-highway recreational vehicle on a highway, the court must notify the Motor Vehicle Administration of the violation. Section 25-102(a)(14) says the Maryland Vehicle Law does not prevent a local authority, as to highways under its jurisdiction in Allegany County and Garrett County, from authorizing a person to cross a highway on an all-terrain vehicle (which in that paragraph includes an off-highway motorcycle) at a right angle at not more than 25 miles per hour, or to operate one on not more than 5 miles of highway at not more than 25 miles per hour, or from designating a portion of highways for travel at not more than 25 miles per hour for the sole purpose of gaining access to trails, fields or another area where that operation is authorized.

Md. Code, Transp. § 13-402(a)(1); § 13-401(a), (b); § 11-140.1(a)(3); § 25-102(a)(14)(i), (iii), checked . Official text for Maryland, Md. Code, Transp. § 13-402(a)(1); § 13-401(a), (b); § 11-140.1(a)(3); § 25-102(a)(14)(i), (iii), external site

Where the e-bike definition stops

Maryland defines an "electric bicycle" as a vehicle that is designed to be operated by human power with the assistance of an electric motor, is equipped with fully operable pedals, has two or three wheels, has a motor with a rating of 750 watts or less, and meets one of three classes. A Class 1 motor assists only when the rider is pedaling and stops assisting at 20 miles per hour; a Class 2 motor assists whether or not the rider is pedaling and stops assisting at 20 miles per hour; a Class 3 motor assists only when the rider is pedaling and stops assisting at 28 miles per hour. The off-highway recreational vehicle definition does not include an electric bicycle.

Md. Code, Transp. § 11-117.1(a), (b); § 11-140.1(b)(3), checked . Official text for Maryland, Md. Code, Transp. § 11-117.1(a), (b); § 11-140.1(b)(3), external site

Before you ride

This page restates state law in plain words and links the text it came from. It is not legal advice. Cities, counties and the agencies that manage federal land (the Bureau of Land Management and the Forest Service) add rules of their own, so check with whoever manages the ground you plan to ride.

For a young rider, the before-you-ride checker puts the helmet and age rules first.

Official riding areas and the permits Maryland asks for: where to ride in Maryland.

Statutes change. Each answer carries the date it was checked; the page is re-checked at least every 180 days and says "Review due" if that slips.

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