Pennsylvania Superior Court Upholds ATV Conviction Despite Out-of-State Registration

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

In a recent decision addressing the limits of out-of-state vehicle registration (Commonwealth v. Devilbiss), the Pennsylvania Superior Court affirmed a summary conviction against a defendant who argued that his Montana registration permitted him to operate an ATV on Pennsylvania roadways.

The case serves as an important reminder that registration reciprocity does not override Pennsylvania’s substantive vehicle restrictions, even when a vehicle is lawfully registered elsewhere. And while we do not typically handle summary traffic offenses, these types of offenses often lead to police encounters that may result in arrests for other charges such as drug or gun offenses.

The Facts of the Case

In October 2024, the defendant was stopped by police in Northumberland County while operating a quadricycle (an off-road vehicle) on a public highway. He was cited under Section 7721(a) of the Pennsylvania Motor Vehicle Code, which prohibits the operation of ATVs on public streets and highways unless specifically designated for such use.

The defendant contested the citation and was found guilty of the summary offense by a magisterial district judge. He then exercised his right to a de novo appeal to the Court of Common Pleas.

At the summary appeal hearing, the parties stipulated that the defendant was operating an ATV on a Pennsylvania highway. They also stipulated that the vehicle was owned by a Montana-based LLC and properly registered in Montana.

The Legal Argument

Devilbiss argued that Section 1303 of the Motor Vehicle Code, the statute governing nonresident vehicle registration, allowed him to operate the quadricycle on Pennsylvania roads because it was lawfully registered in another state.

According to the defense, Section 1303 provides broad authorization for the operation of any foreign vehicle on Pennsylvania roadways so long as it is validly registered in its home jurisdiction. The trial court rejected that argument and affirmed the conviction.

Devilbiss appealed to the Superior Court.

The Superior Court’s Decision

The Superior Court affirmed, holding that Section 1303 addresses registration requirements only, not whether a particular class of vehicle may lawfully be operated on Pennsylvania highways.

Applying basic principles of statutory interpretation, the Court explained that the plain language of Section 1303 simply exempts nonresident owners from Pennsylvania registration and fees when their vehicles are properly registered elsewhere. It does not authorize vehicles that are otherwise prohibited—such as ATVs—to be driven on public roads.

The Court declined to expand Section 1303 beyond its clear terms and rejected the argument that out-of-state registration could override Section 7721’s explicit prohibition on ATV operation on public highways.

Because the defendant conceded that he was operating an ATV on a roadway where such vehicles are not permitted, the Court found no error of law or abuse of discretion and affirmed the judgment of sentence.

The Takeaway

This decision underscores an important distinction in Pennsylvania traffic law: registration reciprocity does not equal roadway permission. Even if a vehicle is properly registered in another state, it still must comply with Pennsylvania’s rules governing what types of vehicles may be operated on public streets and highways.

For drivers, and especially those relying on out-of-state registrations or unconventional vehicles, this case highlights the limits of statutory defenses based on reciprocity provisions. And it also means that driving this type of vehicle on a Pennsylvania street could lead to a lawful stop or police encounter.

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Goldstein Mehta LLC Criminal Defense Attorneys

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. We have also won criminal appeals and PCRAs in state and federal court. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.