2023 Laws of Puerto Rico › TITLE NINE - Highways and Traffic (§§ 1-8 — 5725) › Chapter 27 - Vehicle and Traffic Law (2000) › Subchapter IX - Miscellaneous Rules and Provisions (§§ 5281 — 5305) › § 5296 - Use of any vehicle, carriage, all-terrain vehicle, or motorcycle

Any person who drives a vehicle, carriage or motorcycle on the public thoroughfares shall do so subject to the following rules:
(a) Shall only drive such vehicle sitting in the usual seat, and shall not transport any person other than the driver, nor shall any other person travel in said vehicle, carriage or motorcycle, unless said vehicle is designed to carry more than one (1) person, in which case, the driver may transport as many passengers as authorized seats are provided. In such case, the Secretary shall authorize the seats, provided, they offer the adequate safety to the passengers. No driver may transport a person under twelve (12) years of age as passenger even though the vehicle, carriage or motorcycle is designed to transport more than one (1) person.
(b) Any person who operates or is a passenger on a motorcycle on the public thoroughfares shall wear an adjusted and fastened protective headgear while the vehicle is in motion. The protective headgear shall meet the requirements established by the Federal Department of Transportation (USDOT). For additional personal protection and accident prevention, the driver and the passenger shall use protective eyewear, or in lieu thereof, shall use a protective headgear equipped with a device or visor to protect the eyes. Furthermore, safety gloves on both hands must be worn that cover the palms, footwear that covers the ankles, and long trousers that cover the ankle area. Provided, That drivers and passengers who use a rental motorcycle for tourist purposes in the Island Municipalities of Culebra and Vieques shall use only protective headgear and protective eyewear, or in lieu thereof, shall use a protective headgear equipped with a device or visor to protect the eyes.
(c) Any person who travels on a motorcycle shall do so straddling the seat, facing forward, and with a leg on each side of the motorcycle.
(d) No person shall operate a vehicle, carriage or motorcycle, carrying packages or other objects that prevent him/her from keeping both hands on the bridle or handlebars simultaneously.
(e) No driver shall carry a person, nor shall any person travel in a position that shall interfere with the total control of the vehicle, carriage, motorcycle, or with the visibility of the driver.
(f) Every vehicle, carriage or motorcycle has the right to use a whole lane and no vehicle or motor vehicle may be driven in such a way as to deprive the former of the use of a whole lane. This provision shall not apply to vehicles, carriages or motorcycles authorized to travel one behind [the] other in the same lane.
(g) The driver of a vehicle, carriage or motorcycle shall not overtake and pass another vehicle or motor vehicle on the same lane used by the vehicle to be passed.
(h) No person may drive a motorcycle between lanes or between adjacent lines or rows of vehicles.
(i) No motorcycles shall travel side-by-side on the same lane.
(j) Subsections (g) and (h) of this section shall not apply to law enforcement officers in the performance of their official functions.
(k) No person traveling on a motorcycle shall hang onto or join said motorcycle to another vehicle on a roadway.
(l) No person shall drive a motorcycle with handlebars over fifteen inches (15″) from the part of the seat occupied by the driver.
(m) Every motorcycle operator shall keep the headlights and taillights on at all times while the motorcycle is in motion regardless of whether it is day or night.
(n) All-terrain vehicles, mopeds, or scooters shall not be operated on state or municipal paved expressways, highways, or any other public thoroughfares. This prohibition shall not apply to all-terrain vehicles that are the property of the departments, agencies, instrumentalities, municipalities, or entities of the Commonwealth of Puerto Rico or of the federal government that are used to carry out law enforcement duties or to guarantee the conservation of natural resources in protected areas.
The mutilation, counterfeiting, alteration, change, or fraudulent reproduction of the stamp issued by the Secretary is hereby prohibited.
The transportation of alcoholic beverages on all-terrain vehicles, as defined in § 5001(108a) of this title, is hereby prohibited.
Transporting one or more passengers in an all-terrain vehicle is prohibited, except when said vehicle is designed to transport the number of passengers which are being transported. The transportation of persons under sixteen (16) years of age in an all-terrain vehicle is hereby prohibited.
Transporting an all-terrain vehicle on the public thoroughfares, sidewalks, or shoulders, or moving the same from a plot of land on which the vehicle is authorized to operate, to another plot of land where it is authorized to operate, shall be carried out using a motor vehicle that has hauling and towing capabilities, and is duly authorized to travel on the public thoroughfares.
The use of all-terrain vehicles shall only be permitted on plots of land or public facilities assigned for their enjoyment, or on private facilities with the prior authorization of its owners, and they shall be responsible for taking the corresponding safety measures to prevent accidents.
Furthermore, all-terrain vehicles shall not travel on protected natural areas, such as Natural Reserves, State Forests, Wildlife Refuges, riverbeds, dune ecosystems, or wetlands, among other areas, as designated or protected by law, regulations, administrative order, or municipal ordinance. Vehicles used by public officials to facilitate the fulfillment of their duties which are related to public safety or the conservation of protected areas shall be exempt from this provision.
The minimum age to operate or to be a passenger of an all-terrain vehicle that has an engine displacement greater than one hundred (100) cubic centimeters, in an authorized area, shall be sixteen (16) years; provided, that the operator holds a valid driver’s license certificate and driver’s license. The operator shall, at all times, wear the safety equipment established by the Department of Transportation and Public Works through regulations. Every law enforcement officer is required to notify a violation of this provision to the Department of the Family for the appropriate action to be taken as provided by regulations.
(o) Every operator of a carriage or horseback rider is required to wear reflectors, as well as on his carriage.
(p) The traffic in public thoroughfares of any motorcycle or motor vehicle that contains a cooling system to increase horsepower and that uses any element or system that is not factory installed is prohibited.
Any person who violates the provisions of Subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (o), and (p) of this section shall be guilty of an administrative fault and shall be punished by a fine of fifty dollars ($50). Any person who violates the provisions of subsection (n) of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one thousand dollars ($1,000) for the unlawful use of such vehicles, nor more than five thousand dollars ($5,000) if there are aggravating circumstances due to negligence, or when due to willful negligence, the driver is implicated in an accident involving physical or property damage to another person or his property. If the physical damage caused requires hospitalization, prolonged treatment, results in permanent damage or mutilating injury, or causes the death of one or more persons, the person shall be guilty of a felony punishable by a fixed penalty of three (3) years. Any all-terrain vehicle, as defined in this chapter, shall be seized by law enforcement officers when used in violation of the provisions set forth in subsection (n) of this section. This action shall be taken pursuant to the provisions of §§ 1724 et seq. of Title 34, known as the “Uniform Forfeiture Act”.
History —Jan. 7, 2000, No. 22, § 10.16; June 3, 2004, No. 132, § 10; Aug. 10, 2007, No. 107, § 6; July 29, 2011, No. 166, § 2, eff. 60 days after July 29, 2011; Nov. 11, 2013, No. 130, § 5.