FAQ – ATV Use in Lake Holiday

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Written by Judy

On March 29, 2022

QUESTION: Can I ride an ATV in Lake Holiday?

No. The association does not permit ATV use on our common areas including the former golf course and the undeveloped forest areas. Our roads are also common area, owned and maintained by the association.

The following are the ATV regulations for Virginia:

A. No all-terrain vehicle shall be operated:

1. On any public highway, or other public property, except (i) as authorized by proper authorities, (ii) to the extent necessary to cross a public highway by the most direct route, or (iii) by law-enforcement officers, firefighters, or emergency medical services personnel responding to emergencies.

 2. By any person under the age of 16, except that (i) 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 (ii) children less than 12 years old may operate all-terrain vehicles powered by engines of no more than 70 cubic centimeters displacement.

 3. By any person unless he is wearing a protective helmet of a type approved by the Superintendent of State Police for use by motorcycle operators.

 4. On another person’s property without the written consent of the owner of the property or as explicitly authorized by law; or

 5. With a passenger at any time unless such all-terrain vehicle is designed and equipped to be operated with more than one rider.

QUESTION: Who do I call if I see someone riding an ATV on Lake Holiday property?

You will need to call the Frederick County Virginia Sheriff’s Office at (540) 662-6162 to report illegal activity.

QUESTION: Aren’t the roads in Lake Holiday private, which would allow me to circumvent the Commonwealth of Virginia laws?

No. The LHCC-owned roads are designated as public “highways” for law enforcement purposes.

including for felonies, misdemeanors and traffic infractions as written in the Frederick County

ordinances. [Chap 158, Art. IV, Sec. 158-18 The Summit] (https://ecode360.com/8707705).

QUESTION: Why won’t Lake Holiday give me permission to use my ATV on the private areas of Lake Holiday?

The common areas which are private property, are for use by the property owners of over 950 homes and over 600 membership lots. The community uses the walking trails in Country Club Park and the unpaved roads in the forest. The gravel walking trails were built and are maintained by using your assessment income. Repairing damage caused by ATVs comes out of your assessments, as well as presenting a dangerous situation for walkers.

QUESTION: Who is responsible when someone gets hurt on or by an ATV?

If someone were to get injured on an ATV, or by one, on association property or roads, the association would be liable. Insurance costs would increase, and those costs are paid by the property owners through the HOA fees.

QUESTION: Can you give me more to read about ATV use in Virginia and Lake Holiday?

Sure! Read on:

The following are the ATV laws for Virginia from the State of Virginia website:

A. No all-terrain vehicle shall be operated:

1. On any public highway, or other public property, except (i) as authorized by proper authorities, (ii) to the extent necessary to cross a public highway by the most direct route, or (iii) by law-enforcement officers, firefighters, or emergency medical services personnel responding to emergencies.

 2. By any person under the age of 16, except that (i) 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 (ii) children less than 12 years old may operate all-terrain vehicles powered by engines of no more than 70 cubic centimeters displacement.

 3. By any person unless he is wearing a protective helmet of a type approved by the Superintendent of State Police for use by motorcycle operators.

 4. On another person’s property without the written consent of the owner of the property or as explicitly authorized by law; or

 5. With a passenger at any time unless such all-terrain vehicle is designed and equipped to be operated with more than one rider.

Violation of any provision of this section shall be punishable by a civil penalty of not more than $500

LAKE HOLIDAY POLICIES, RULES, AND PROCEDURES

PRP NO. 5

Entry, Road Use and Parking

SECTION B. POLICY

1. The LHCC-owned roads are designated as public “highways” for law enforcement purposes

including for felonies, misdemeanors and traffic infractions as written in the Frederick County

ordinances. [Chap 158, Art. IV, Sec. 158-18 The Summit] (https://ecode360.com/8707705).

2. Private Security personnel are responsible for enforcing rules and regulations of LHCC and for

protecting Association common areas and assets as provided for in the contractual agreement

and/or otherwise agreed upon in writing by the security contractor and Association

management/staff.

3. Frederick County Sheriff’s deputies enforce state law and local ordinances and may stop

vehicles, issue citations for traffic violations, and arrest for reckless driving or DWI.

4. Only vehicles that comply with Title 46.2 Motor Vehicles, Code of Virginia shall be permitted on

Lake Holiday roads. Frederick County has adopted the State Uniform Traffic Code (Title 46.2) in

its entirety. All-terrain vehicles (ATVs) are not permitted throughout the Lake Holiday community.

https://law.lis.virginia.gov/vacode/title46.2/

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