senate Bill S798

Provides for an exemption requirement from registration for ATVs operated on lands owned by the owner or to which the owner has certain contractual rights

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 05 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 05 / Apr / 2011
    • 1ST REPORT CAL.316
  • 06 / Apr / 2011
    • 2ND REPORT CAL.
  • 11 / Apr / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

Provides for an exemption requirement from registration for ATVs operated on lands owned by the owner or to which the owner has certain contractual rights when the ATV is not operated elsewhere in the state and no consideration is paid to the owner for operation.

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Bill Details

See Assembly Version of this Bill:
A6722
Versions:
S798
Legislative Cycle:
2011-2012
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง2282, V & T L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S3825, A7426
2007-2008: A3370

Votes

13
0
13
Aye
0
Nay
5
aye with reservations
0
absent
1
excused
0
abstained
show Transportation committee vote details

Sponsor Memo

BILL NUMBER:S798

TITLE OF BILL:

An act
to amend the vehicle and traffic law, in relation to exempting certain
ATVs from registration requirements

PURPOSE OR GENERAL IDEA OF BILL:

This legislation will afford to ATV (all terrain vehicle) owners the
same registration exemptions as currently afforded snowmobile owners
in New York State.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new paragraph (c) to Subdivision 11 of
section 2282 of the vehicle and traffic law.

JUSTIFICATION:

Current New York State law provides three exemptions from the
requirement of registering snowmobiles. They are: 1) snowmobiles
owned and used by the United States, 2) snowmobiles registered in
another state or country, and 3) snowmobiles operated on lands owned
by the owner or to which the owner has certain contractual rights.

New York State law pertaining to ATVs provides only the first two
exemptions. An owner of an ATV must register the vehicle, even if it
is solely used on his/her private property. This has created hardship
for some owners. For example, many farmers use ATVs in everyday
business in operating an agricultural enterprise. While the vehicle
may never leave the owner's private property, that individual can be
cited for violating state law. If a snowmobile is used, then no law
is broken. This bill seeks to address the inequity in the law.

PRIOR LEGISLATIVE HISTORY:

2009-2010: S.3825/A.7426 Referred to Transportation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect 120 days after becoming law, with provisions.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   798

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  YOUNG,  DeFRANCISCO,  MAZIARZ  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation

AN  ACT  to  amend the vehicle and traffic law, in relation to exempting
  certain ATVs from registration requirements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 11 of section 2282 of the vehicle and traffic
law is amended by adding a new paragraph (c) to read as follows:
  (C) ATVS OPERATED ON LANDS OWNED BY THE OWNER OF SUCH ATV, OR ON LANDS
TO WHICH SUCH OWNER HAS A CONTRACTUAL RIGHT OTHER THAN AS A MEMBER OF  A
CLUB OR ASSOCIATION PROVIDED (I) THE ATV IS NOT OPERATED ELSEWHERE WITH-
IN  THE  STATE,  AND (II) NO CONSIDERATION, EITHER DIRECT OR INDIRECT IS
PAID TO THE OWNER OF THE ATV WITH RESPECT TO SUCH OPERATION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided  that  the  commissioner  of  motor
vehicles  is  authorized to promulgate any and all rules and regulations
and take any other measures necessary  to  implement  this  act  on  its
effective date on or before such date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02622-01-1

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