E-Moto Hub

Virginia

What Virginia law says about riding an electric dirt bike, question by question. 5 of 6 answered from official text; the rest stay blank until we have read the source. 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: Va. Code § 46.2-100 ("Off-road motorcycle", "Motorcycle", "Motor vehicle"); § 46.2-644.1(A); Va. Code § 46.2-679.2; § 46.2-100 ("Off-road motorcycle"); 4VAC10-30-250(A)-(C); 4VAC15-20-100; 4VAC5-30-290; 4VAC5-30-10 ("Motor vehicle"); Va. Code § 46.2-915.1(A)(2), (F); § 46.2-100 ("All-terrain vehicle"); Va. Code § 46.2-600; § 46.2-100 ("Motor vehicle"); § 46.2-602.4(B), (E); § 46.2-915.1(G); Va. Code § 46.2-100 ("Electric power-assisted bicycle"); § 46.2-904.1(B).

The answers

Is an electric dirt bike an off-highway vehicle?

Virginia defines an "off-road motorcycle" as every motorcycle designed exclusively for off-road use by an individual rider with not more than two wheels in contact with the ground, and a motorcycle as every motor vehicle designed to travel on not more than three wheels in contact with the ground that is capable of traveling at speeds in excess of 35 miles per hour; a motor vehicle is every vehicle that is self-propelled or designed for self-propulsion, except as otherwise provided in the title. None of these definitions names a power source. The motorcycle definition does not include a moped or an electric power-assisted bicycle. The titling section requires every owner, except a licensed dealer, of an off-road motorcycle powered by a gasoline or diesel engine displacing more than 50 cubic centimeters and purchased as new on or after July 1, 2006 to apply for a certificate of title before it is operated anywhere in the Commonwealth.

Va. Code § 46.2-100 ("Off-road motorcycle", "Motorcycle", "Motor vehicle"); § 46.2-644.1(A), checked . Official text for Virginia, Va. Code § 46.2-100 ("Off-road motorcycle", "Motorcycle", "Motor vehicle"); § 46.2-644.1(A), external site

What it needs to ride public off-road land

Virginia law states that no person shall be required to obtain the registration certificate, license plate, or decals for, or pay a registration fee for, any "off-road motorcycle", which the Code defines as every motorcycle designed exclusively for off-road use by an individual rider with not more than two wheels in contact with the ground. In state forests, no person shall operate a motorized vehicle except on a road or parking area designated by signs or maps as open to motorized vehicle traffic; driving on a gated road is prohibited except by Conditional Activity Permit; and any motorized vehicle used there must be a highway-legal vehicle, insured and licensed, with an operator who possesses a valid driver's license issued by the person's state of residency. Persons engaged in silvicultural or maintenance activities are exempt, except from the legal requirements in subsection B. On Department of Wildlife Resources-owned lands it is unlawful to drive through or around gates designed to prevent entry with any type of motorized vehicle, or to use such vehicles to travel anywhere except on roads open to vehicular traffic. In state parks no person shall drive a motor vehicle, defined as any vehicle that possesses a motor of any description used for propulsion, on any part of a park not designated for, or customarily used by, motor vehicles, except properly authorized individuals engaged in fire management, park maintenance or other necessary park-related activities.

Va. Code § 46.2-679.2; § 46.2-100 ("Off-road motorcycle"); 4VAC10-30-250(A)-(C); 4VAC15-20-100; 4VAC5-30-290; 4VAC5-30-10 ("Motor vehicle"), checked . Official text for Virginia, Va. Code § 46.2-679.2; § 46.2-100 ("Off-road motorcycle"); 4VAC10-30-250(A)-(C); 4VAC15-20-100; 4VAC5-30-290; 4VAC5-30-10 ("Motor vehicle"), external site

Helmet rule off-road

Not yet verified

No official text read for this yet, so nothing is shown. A blank is not a "no".

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. The age limits in Va. Code § 46.2-915.1(A)(2) are written for an "all-terrain vehicle", which the Code defines as a motor vehicle having three or more wheels that is powered by a motor and is manufactured for off-highway use: no all-terrain vehicle shall be operated by any person under the age of 16, except that children between the ages of 12 and 16 may operate all-terrain vehicles powered by engines of no more than 90 cubic centimeters displacement and children less than 12 years old those of no more than 70 cubic centimeters displacement. The section does not apply to an all-terrain vehicle used in conjunction with farming activities or to members of the household or employees of the owner or lessee of the private property on which it is operated.

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: Va. Code § 46.2-915.1(A)(2), (F); § 46.2-100 ("All-terrain vehicle"), checked . Official text for Virginia, Va. Code § 46.2-915.1(A)(2), (F); § 46.2-100 ("All-terrain vehicle"), external site

Riding it on public roads

Except as otherwise provided in that chapter, Virginia law requires every person who owns a motor vehicle (every vehicle that is self-propelled or designed for self-propulsion, except as otherwise provided in the title) to register it with the Department and obtain the registration card and certificate of title before it is operated on any highway in the Commonwealth. An off-road motorcycle converted to on-road use may not be registered or operated on the highways until the owner submits, on the Department's form, certification that it has passed the motor vehicle safety inspection after the conversion, certification from the converter, or the owner if the converter is unavailable or unknown, that it meets all applicable Federal Motor Vehicle Safety Standards, and certification that it has been labeled in accordance with subsection C; if a converter or owner fails or refuses to provide the required certification, the vehicle remains an off-road motorcycle. The governing body of any city may by ordinance provide for the lawful seizure, impounding and disposition of an unlawfully operated all-terrain vehicle or off-road motorcycle operated on a highway or sidewalk within the city.

Va. Code § 46.2-600; § 46.2-100 ("Motor vehicle"); § 46.2-602.4(B), (E); § 46.2-915.1(G), checked . Official text for Virginia, Va. Code § 46.2-600; § 46.2-100 ("Motor vehicle"); § 46.2-602.4(B), (E); § 46.2-915.1(G), external site

Where the e-bike definition stops

Virginia defines an electric power-assisted bicycle as a vehicle that travels on not more than three wheels in contact with the ground and is equipped with pedals that allow propulsion by human power, a seat for the rider, and an electric motor with an input of no more than 750 watts. Class one assists only when the rider is pedaling and class two has a motor that may be used exclusively to propel the bicycle, both ceasing to assist at 20 miles per hour; class three assists only when the rider is pedaling and ceases at 28 miles per hour. An electric power-assisted bicycle is not subject to the Code's provisions on driver's licenses, registration, certificates of title, financial responsibility, off-highway motorcycles, and license plates.

Va. Code § 46.2-100 ("Electric power-assisted bicycle"); § 46.2-904.1(B), checked . Official text for Virginia, Va. Code § 46.2-100 ("Electric power-assisted bicycle"); § 46.2-904.1(B), 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 Virginia asks for: where to ride in Virginia.

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.

Other states