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On road UTV use... triangular orange flag

3,824 Views | 24 Replies | Last: 3 yr ago by KoesephW
GSS
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Just learned a "farmer or rancher" only needs an orange elevated triangular flag, mounted on the rear of the UTV/ATV, to use public roads, to travel no more than 25 miles from the point of origin (undefined).
Headlights and taillights must also be on.
Edited to add: daylight hours only.

Anyone used this TX-DMV law, without repercussions?
http://www.txdmv.gov/motorists/buying-or-selling-a-vehicle/unique-vehicles
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ttha_aggie_09
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You don't need an orange flag for a UTV, especially if you're a farmer.

Quote:

If operated on the roads at a speed of 25 mph or less, an ATV, ROV, UTV and Sand Rail is required to display a slow-moving vehicle emblem.


Quote:

ATVs, ROVs, UTVs and Sand Rails may be operated on roads without the issuance of a license plate if the vehicle is:

Owned by a state, county, or municipality and operated on a public beach or highway to maintain public safety and welfare
Operated by a farmer or a rancher during the daytime and traveling no more than 25 miles from the point of origin to the destination and used in connection with the production, cultivation, harvesting, etc., of agricultural products*


I have the OHV plates on my ranger and cruise through neighborhood and other places close by, regularly. It's fun! I've driven by several county sheriff officers and parked by one at the local gas station. Never had a problem.
Jason_Roofer
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I watched a lonestar law episode where some warden cited (I think) some dude for rolling down the road with a UTV....he was told he could not do that. Someone correct my recollection, I know yall saw the episode. Just throwing out there in the name of clarification for the OP.
ttha_aggie_09
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I don't remember one with a UTV. I remember a kid in a dirt bike got in trouble. Was the person operating the UTV underage? Was speed limit over 35mph?
wareagle044
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ttha_aggie_09 said:

I don't remember one with a UTV. I remember a kid in a dirt bike got in trouble. Was the person operating the UTV underage? Was speed limit over 35mph?


He also had an open container
MouthBQ98
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You will probably be asked for your tax number if stopped on the road in a UTV and claim to be in Ag.

You can move Ag equipment, including a UTV, if you are doing Ag stuff and following the display rules.

Side note: some communities have ordinances that more or less legalize UTV on local streets.
schmellba99
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It used to be illegal to drive a UTV on the road, but you can buy a permit nowfor about $15 at the tax office that makes it legal.

I think it is limited to 35mph and under and something like 2 miles from the house, but nobody is likely to even bother. We drive ours all over the neighborhood, as do a whole lot of folks around here.
GSS
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ttha_aggie_09 said:

You don't need an orange flag for a UTV, especially if you're a farmer.

Quote:

If operated on the roads at a speed of 25 mph or less, an ATV, ROV, UTV and Sand Rail is required to display a slow-moving vehicle emblem.


Quote:

ATVs, ROVs, UTVs and Sand Rails may be operated on roads without the issuance of a license plate if the vehicle is:

Owned by a state, county, or municipality and operated on a public beach or highway to maintain public safety and welfare
Operated by a farmer or a rancher during the daytime and traveling no more than 25 miles from the point of origin to the destination and used in connection with the production, cultivation, harvesting, etc., of agricultural products*



The asterisk.........*ATVs, ROVs, UTVs and Sand Rails operated on a road without an Off-Highway Vehicle license plate require a triangular orange flag (slow moving emblem) mounted to the back of the vehicle at least six feet above ground level and the vehicle's headlights and taillights to be illuminated.

And no mention of a maximum road speed.







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ttha_aggie_09
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Yeah, that's a little interesting about the No OHV plates for AG use requiring triangle. 6' also seem really high.

Regarding the speed, it you can't operate in anything over 35mph and you're expected to obey the traffic laws, 35mph is your max speed. At least that is the way I have always understood it.
AggieStan
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So far we have had 15 different opinions/views
GSS
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ttha_aggie_09 said:

Yeah, that's a little interesting about the No OHV plates for AG use requiring triangle. 6' also seem really high.

Regarding the speed, it you can't operate in anything over 35mph and you're expected to obey the traffic laws, 35mph is your max speed. At least that is the way I have always understood it.
There is no mention of the 35mph speed zones, in the clause for operating under the orange flag. Plus the 25 mile travel aspect.
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Hoyt Ag
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One of many reasons I love living in CO and the town I live in. Get the annual stamp from the state for a small fee and go. Hell of a lot easier to drive the ranger to grocery store than the f250
ttha_aggie_09
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I'm having a hard time understanding what you're asking…

If you're operating below 25mph, with OHV plates, you need slow moving vehicle marker
Quote:

If operated on the roads at a speed of 25 mph or less, an ATV, ROV, UTV and Sand Rail is required to display a slow-moving vehicle emblem.


If you don't have OHV plates, and a farmer/rancher using it for agricultural activities (or however it's said) and you have the slow moving vehicle triangle, you're not subject to keeping it on roads of 35mph or less. Your speed limit would be whatever the road you're traveling is.

If you have an OHV plate, and not using for ag, you're limited to 35mph or the lower speed limit on the road in which you're traveling.

Are trying to avoid the $30ish charge for the plate? Just go get one
GSS
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ttha_aggie_09 said:

I'm having a hard time understanding what you're asking…

If you're operating below 25mph, with OHV plates, you need slow moving vehicle marker
Quote:

If operated on the roads at a speed of 25 mph or less, an ATV, ROV, UTV and Sand Rail is required to display a slow-moving vehicle emblem.


If you don't have OHV plates, and a farmer/rancher using it for agricultural activities (or however it's said) and you have the slow moving vehicle triangle, you're not subject to keeping it on roads of 35mph or less. Your speed limit would be whatever the road you're traveling is.

If you have an OHV plate, and not using for ag, you're limited to 35mph or the lower speed limit on the road in which you're traveling.

Are trying to avoid the $30ish charge for the plate? Just go get one
Not trying to avoid anything.
The basic use of the SMV emblem limits the vehicle to 25mph
" If operated on the roads at a speed of 25 mph or less, an ATV, ROV, UTV and Sand Rail is required to display a slow-moving vehicle emblem."

The clause regarding the "orange flag" use expands the range to 25 miles of road usage, with no mention of speed limitations.

Your statement "Your speed limit would be whatever the road you're traveling is." contradicts the 25mph SMV language.
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GSS
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AggieStan said:

So far we have had 15 different opinions/views
The DMV language ain't so great....
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ttha_aggie_09
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The problem is that there are two separate reasons for the slow moving vehicle:

1) you're operating at or below 25mph, regardless of the OHV plates, and it is a slow moving vehicle
2) you're using it in conjunction with agricultural activities

I don't see anywhere that says you cannot exceed 25mph… it just says if it is "operated at a speed of not more than 25 miles per hour". I am fairly certain this has more to do with the vehicles ability to exceed 25mph, I.e., golf cart.

Where are you seeing 25mph limit?

Quote:

A golf cart, neighborhood electric vehicle, or off-highway vehicle that is operated at a speed of not more than 25 miles per hour is required to display a slow-moving-vehicle emblem when it is operated on a highway.
Deats99
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I run my CanAm up and down the highway and county roads at speed limit with traffic. We do have an ag number and I am usually running up the road to the stables (<2 miles). I wave at the deputies and the troopers just the same.
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
Saltwater Assassin
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I got my OHV plates yesterday

Took about 7 minutes
CS78
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Is it bad that I place these things as one small step above cyclists on the road?
JLN90
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Saltwater Assassin said:

I got my OHV plates yesterday

Took about 7 minutes

What form did you use at the county tax office?
GSS
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CS78 said:

Is it bad that I place these things as one small step above cyclists on the road?
Our use would be minimal, the "orange flag" law would allow travel between two tracts, about 4 miles apart. Combination of county and FM roads. Not having to trailer the Ranger each time would be a plus, and not being legally limited to 25mph (SMV sign) would be an asset.

As usual, the law can (will) be readily abused, especially with verbiage as broad as...
"Operated by a farmer or a rancher during the daytime and traveling no more than 25 miles from the point of origin to the destination and used in connection with the production, cultivation, harvesting, etc., of agricultural products"
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Saltwater Assassin
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JLN90 said:

Saltwater Assassin said:

I got my OHV plates yesterday

Took about 7 minutes

What form did you use at the county tax office?


I just used the base title/registration doc they had pre-printed in the lobby if the dmv. I took a copy if my utv title & insurance too.

Took 7 minutes (once i got through the line).
schmellba99
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GSS said:

AggieStan said:

So far we have had 15 different opinions/views
The DMV language ain't so great....


https://www.txdmv.gov/motorists/buying-or-selling-a-vehicle/unique-vehicles

Pretty easy language to understand

Quote:

ATVs, ROVs, UTVs and Sand Rails with an Off-Highway Vehicle license plate may be operated on roads in the following situations:

In a master planned community with a uniform set of restrictive covenants and a county or municipality-approved plat
On a road with a posted speed limit of not more than 35 mph, during the daytime and not more than two miles from the location where it is usually parked for transportation to and from a golf course
To cross intersections, including a road or street that has a posted speed limit of more than 35 mph.

Additionally, cities and certain counties may authorize operation of ATVs, ROVs, UTVs, and Sand Rails on roads within the boundaries of the city or within unincorporated areas of certain counties. The ATV, ROV, UTV and Sand Rail must display an Off-Highway Vehicle license plate when operated on roads authorized by the city or county. Operation may be authorized only on roads with a speed limit of 35 mph or less. If operated on the roads at a speed of 25 mph or less, an ATV, ROV, UTV and Sand Rail is required to display a slow-moving vehicle emblem.

ATVs, ROVs, UTVs and Sand Rails may be operated on roads without the issuance of a license plate if the vehicle is:

Owned by a state, county, or municipality and operated on a public beach or highway to maintain public safety and welfare
Operated by a farmer or a rancher during the daytime and traveling no more than 25 miles from the point of origin to the destination and used in connection with the production, cultivation, harvesting, etc., of agricultural products*
Operated by a public utility worker during the daytime for utility work and traveling no more than 25 miles from the point of origin to the destination*
Operated by a law enforcement officer, or other person who provides firefighting, ambulance, medical, or other emergency services, and traveling no more than 10 miles from the point of origin to the destination*.

*ATVs, ROVs, UTVs and Sand Rails operated on a road without an Off-Highway Vehicle license plate require a triangular orange flag (slow moving emblem) mounted to the back of the vehicle at least six feet above ground level and the vehicle's headlights and taillights to be illuminated.


GSS
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Thanks, that's the information from the original post.

Some OB members have taken issues in interpretation of the language in the DMV rules, which can allow for some "well, if...."

I asked if anyone had utilized the "triangular orange flag, minimum 6 ft high", for onroad use. So far, no has answered to the affirmative.
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KoesephW
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I run my Ranger up and down the Co roads (Rockwall). Passed many Sheriffs all waved back and kept on going. No triangle no OHV plates.
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