senate Bill S1946A

Relates to the definition of all terrain vehicle or "ATV"

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 21 / May / 2013
    • 1ST REPORT CAL.682
  • 22 / May / 2013
    • 2ND REPORT CAL.
  • 23 / May / 2013
    • ADVANCED TO THIRD READING
  • 30 / May / 2013
    • PASSED SENATE
  • 30 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 30 / May / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 13 / May / 2014
    • 1ST REPORT CAL.646
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING 1946A
  • 16 / Jun / 2014
    • PASSED SENATE
  • 16 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2014
    • REFERRED TO WAYS AND MEANS

Summary

Amends the definition of all terrain vehicles to include certain vehicles of up to seventy inches long and 1500 pounds which consist of a side-by-side passenger configuration for up to three passengers and which include certain safety features.

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Bill Details

See Assembly Version of this Bill:
A4971A
Versions:
S1946
S1946A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง2281, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3318, A7710
2009-2010: S4277

Sponsor Memo

BILL NUMBER:S1946A

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation
to the definition of an all terrain vehicle or "ATV"

PURPOSE:

This bill raises the defined weight of an all terrain vehicle to 1,500
pounds of dry weight to allow certain all terrain vehicles to be regis-
tered in New York.

SUMMARY OF PROVISIONS:

Section 1 amends the definition of an "all terrain vehicle" in chapter
319 of the Vehicle and Traffic Law by raising the dry weight qualifica-
tion from 1,000 pounds to 1,500 pounds for certain all terrain vehicles.

Section 2 provides this act shall take effect on the 30th day after it
shall have become law.

JUSTIFICATION:

The current vehicle and traffic law defines an all terrain vehicle (ATV)
as being no wider than 70 inches and no heavier than 1,000 pounds.
Advancements in technology have lead to the development of new all
terrain vehicles. Sometimes, these new vehicles are heavier than the
more traditional models. Unlike other states, New York has not updated
their regulations to allow the registration of these new vehicles. The
current dry weight limit on all terrain vehicles is enticing New Yorkers
to register their vehicles in other states or to leave their vehicles
unregistered.

By increasing the weight limit on certain all terrain vehicles by 500
pounds users will be able to register their vehicles in New York State.
This will generate more revenue for the State through registrations.
Also, it is anticipated that permitting the registration of certain all
terrain vehicles weighing over 1,000 pounds will increase the interest
in purchasing such vehicles and generate additional sales tax revenue
for the State. Finally, enactment of this legislation will provide a
necessary update to allow current owners of all terrain vehicles to
register and legally use their vehicles in New York.

LEGISLATIVE HISTORY:

S.3160 of 2006 - Referred to Transportation
S.4380 of 2007 - Referred to Transportation
S.4380A of 2008 - Passed Senate
S.4277 of 2009 - Committed to Rules
S.4277 of 2010 - Passed Senate
S.3318 of 2011 - Passed Senate
S.3318 of 2012 - Passed Senate
S.1946 of 2013 - Passed Senate

FISCAL IMPLICATIONS:

No cost to the state. Additional revenue is anticipated through new
registrations and sales tax.

EFFECTIVE DATE:

This act shall take effect on the 30th day after it shall have become
law.

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

                                 1946--A
    Cal. No. 646

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. RITCHIE, GRIFFO, BONACIC, GALLIVAN, LARKIN, LITTLE,
  MARCHIONE, MAZIARZ, O'MARA, SEWARD, YOUNG -- read  twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Trans-
  portation -- recommitted to the Committee on Transportation in accord-
  ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN  ACT  to  amend the vehicle and traffic law, in relation to the defi-
  nition of an all terrain vehicle or "ATV"

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

  Section  1.  Subdivision  1 of section 2281 of the vehicle and traffic
law, as amended by chapter 319 of the laws of 1997, is amended  to  read
as follows:
  1.  (a)  "All  terrain  vehicle" or "ATV" means (I) any self-propelled
vehicle which is manufactured for sale for operation primarily  on  off-
highway  trails  or off-highway competitions and only incidentally oper-
ated on public highways providing that  such  vehicle  does  not  exceed
seventy  inches  in  width, or one thousand pounds dry weight. Provided,
however, this definition shall not include a "snowmobile" or other self-
propelled vehicles manufactured for off-highway use exclusively designed
for travel on snow or ice, steered by skis or runners and  supported  in
whole  or  in part by one or more skis, belts or cleats which utilize an
endless belt tread; OR
   (II) ANY SELF-PROPELLED VEHICLE WHICH IS MANUFACTURED  FOR  SALE  FOR
OPERATION  PRIMARILY  ON  OFF-HIGHWAY TRAILS OR OFF-HIGHWAY COMPETITIONS
AND ONLY INCIDENTALLY  OPERATED ON PUBLIC HIGHWAYS PROVIDING  THAT  SUCH
VEHICLE  DOES  NOT  EXCEED SEVENTY INCHES IN WIDTH, OR ONE THOUSAND FIVE
HUNDRED POUNDS DRY WEIGHT, CONSISTS OF A SIDE-BY-SIDE PASSENGER  CONFIG-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01397-02-4

S. 1946--A                          2

URATION,  IS  DESIGNED  FOR NO MORE THAN THREE PASSENGERS AND HAS SAFETY
FEATURES WHICH INCLUDE, BUT ARE NOT LIMITED TO, SEAT BELTS AND ROLL-OVER
BARS.   PROVIDED, HOWEVER, THAT THIS  DEFINITION  SHALL  NOT  INCLUDE  A
"SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES MANUFACTURED FOR OFF-HIGH-
WAY  USE EXCLUSIVELY DESIGNED FOR TRAVEL ON SNOW OR ICE, STEERED BY SKIS
OR RUNNERS AND SUPPORTED IN WHOLE OR IN PART BY ONE OR MORE SKIS,  BELTS
OR CLEATS WHICH UTILIZE AN ENDLESS BELT TREAD.
  (b)  Notwithstanding  the  provisions of [paragraph (a)] SUBPARAGRAPHS
(I) AND (II) OF PARAGRAPH (A) of this subdivision, the [term] TERMS "all
terrain vehicle" [or], "ATV" shall not  include  any  vehicle  used  for
agricultural purposes or for snowplowing, other than for hire, provided,
however,  that  any such vehicle shall register as an "all terrain vehi-
cle" or "ATV" pursuant to the provisions of this article if such vehicle
is used or is intended to be used for any purpose  other  than  agricul-
tural  purposes  or for snowplowing and shall be regulated in accordance
with provisions governing the operation of  "all  terrain  vehicles"  or
"ATV's" while in such use.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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