The AG released his opinion that counties do not have the authority to register off road vehicles or an all-terrain vehicle for personal use on beaches. It specifically states:
SUMMARY: Whether an all-terrain vehicle or recreational off-highway vehicle may be lawfully operated on a public beach or a particular area of a public beach cannot be answered categorically without reference to particular facts and any rules, orders, or ordinances applicable to the particular beach or area of the beach.
A county does not have the authority to establish a county system for registering an off-highway vehicle or an all-terrain vehicle for an individual to operate on a public beach.
Read the Attorney General Opinion, No. GA-0934, dated May 18, 2012.
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I have a utv, now that it established that our beach is not a state highway may we all be responsible for our own actions. We all know the rules.Stay off the dunes this means you, your kids, grandkids,horses,bikes and the like.Let’s get to the heart of the matter, our dunes. We have to be pro-active in the protection of our dunes.
They could make a sticker for ATV’S and UTV’S that show proff of insurance. And yes, we all need to stay out of the dunes and what is being replaced because of Ike. If we are responsible owners and show that people can work with Galveston County law enforcemnt, we should be able to ride. More people would ride the beach, bring in funds to the area. More people would get into the cleanup the beach each year just to be out for the ride. A lot of good can come from having ATV’S and UTV’S on the beach. Speed limits can be set in place. Offers can enforce dont drink and drive policy. No one with out a DL can operate on the beach. Heavy fines for being on the dunes.
So, can we have ATV on the beach or not? article does not say.
Still no answers! What laws would be violated if you are ticketed or arrested for driveing a UTV on a Texas beach if it is not a state highway ? Could a LEO or county Judge quote the law ?
I myself would like to know the same thing. I have a 400 Artic Cat I use around the house to help with outdoor things I can no longer handle myself. Part of getting older. I would love to ride down to the beach with my wife just to relax and not worry about getting syuck in the new sand pitts caused by Ike. I have a ton of insurance on it. More than my truck.
I notice the AG does not refer to the “public beach” as a “state highway”, we UTV owners will attempt to find out how Galveston County and TxDot make the claim that the ‘beach road’ is really a “state hwy” and at the same time does not require proof of liability insurance for motor vehicles (+low speed vehicles) and why Galveston County does not enforce the Texas Transportation Code 551.404 on ALL motor vehicles operating in the county????