by Geoff Fox
A popular vehicle used in West Virginia to get around town is not allowed on the streets of Maryland, according to the Maryland Attorney General.
This has become a point of confusion and friction in nearby Washington County.
The vehicle in question is a side-by-side utility vehicle. West Virginia, in recent years, has made it legal to drive the utility vehicle on public roads, as long as it meets certain equipment requirements and is registered, licensed and insured like a passenger vehicle.
That’s not the case in Maryland.
In a letter obtained by The Hancock News to Maryland State Sen. Mike McKay, Attorney General Anthony Brown and Assistant AG Rachael Simmonsen stated it is their opinion that Maryland law “generally does not authorize the use of side-by-side utility vehicles on Maryland roads.”
Hancock police officials sought out the legal guidance after some confusion by drivers coming from West Virginia.
A lot of people, Miller said, are trying to get gas or get something to eat at Potomac River Grill, but once they hit the bridge on 522, it’s a different story.
The U.S. 522 bridge is considered Maryland as the Maryland Department of Transportation State Highway Administration is the owner of the bridge.
The land under the bridge might be West Virginia, but the bridge is considered Maryland.
“Once you reach that bridge, you’re on Maryland roads and you can’t do it,” Miller said.
Vehicles
Under Maryland law, side-by-side vehicles are not required to be registered and, with the possible exception of those qualifying as farm area motor vehicles, there is no way to register a side-by-side utility vehicle under Maryland law.
A side-by-side used for recreation cannot be registered in Maryland, meaning it would not qualify for the exemption of foreign vehicles.
“In our opinion, then, West Virginia residents who bring side-by-side utility vehicles into Maryland are subject to the same restrictions as Maryland residents,” the Attorney General said in the opinion letter. “They may not drive them on any highway in the State except for those designated in Allegany and Garrett Counties, subject to the limited conditions set forth in 25-102(a)(14)(iii) of the Transportation Article and laws of Allegany and Garrett Counties.”
Hancock Police reached out to officials in Annapolis for guidance because they needed clarification on laws.
Apparently some people were being told by other police agencies side-by-side vehicles were legal in Maryland,
Hancock Police Chief Rich Miller said he doesn’t want people getting confused and for them to know the laws in Maryland.
It’s been within the last few years that the side-by-sides started showing up, but it seems there have been more popping up recently, Miller said.
While the two states are neighbors, each state’s vehicle laws apply in their jurisdiction.
“We’re not going to give any exceptions,” said Miller.
While a side-by-side meets West Virginia laws and those of Maryland with registration and title for vehicles, the utility vehicle is considered an off-road vehicle by Maryland law.
People have said their side-by-side is legal in West Virginia with the title, registration, insured, and has a plate, so the vehicle should be legal to drive into Maryland.
However, a resident in the state of Maryland cannot get a registration for the vehicle because it doesn’t meet the classification of a roadworthy vehicle.
And that’s the crux of the confusion.
Miller and the Hancock Police approached State Senator Mike McKay (R) because there were so many people coming to Hancock and saying State Police in Allegany County told them it was legal in Maryland.
“We reached out to Mike and he reached out to the State’s Attorney and he wrote the opinion,” Miller said.
The State General Assembly was clear that side-by-sides were considered off road vehicles.
Allegany and Garrett Counties proposed laws in their own counties that would allow certain exceptions to allow side-by-sides on their roads.
“Washington County’s do not apply,” Miller said. “We’re still a county that says, ‘they don’t meet any qualifications of a roadworthy vehicle, they meet the classification of off-road vehicles and they are not permitted on the roads of Washington County.”
Miller said Hancock Police have taken the position of telling people to take their vehicle back across the river.
“We’re getting a lot of them,” he said.
Now, if Hancock Police were to cite someone for having a side-by-side on a Hancock, or Maryland, street or road, it would be a criminal offense, falling under trespassing laws, specifically “off-road vehicle/government property.”
The trespassing would be because they are traveling on a state roadway in a vehicle classified as an off-road vehicle in Maryland.
That offense would carry a $500 fine and/or 90 days in jail.
Miller said if they notice a side-by-side at a business, they’d inform the owner of the law and ask them to take back into West Virginia and keep it there.
“We have yet to cite anybody,” Miller said, “because it is confusing. It’s not fair to these people.”
There have been people mindful of not knowing the laws and have contacted HPD regarding side-by-sides.
Miller emphasized no one has been cited for driving the side-by-sides with the exceptions of a few four-wheelers and dirt bikes that were causing issues.
There hasn’t been any talk about making the side-by-sides legal in Washington County in line with similar laws in the two western counties, and Miller prefers the state doesn’t make the side-by-sides legal.
He noted there have been issues with off road motorcycles tearing things up and while most people are responsible, there could be some people who would take advantage of things and tear up.
There are going to be some upset people knowing they can’t drive their side-by-side to Hancock. Miller said there is a similar situation of something that’s legal in Maryland that isn’t legal in West Virginia — recreational marijuana.
“Each state has their own laws,” Miller said.
Miller added if people wanted to drive their side-by-side vehicle in Maryland, they could contact Maryland lawmakers to change to the laws.
There have been issues in cities like Baltimore and Hagerstown where these type vehicles are creating havoc and running from the police when pulling them over, he said.
Miller said police don’t want to chase someone and end up getting them injured.
“We look to combat that, too,” he said.
