Senate Bill S2941

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

                                  2941

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 6, 2009
                               ___________

Introduced  by Sen. NOZZOLIO -- 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 all  terrain
  vehicles and agricultural use

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

  Section 1. Section 401 of the vehicle and traffic law  is  amended  by
adding a new subdivision 14 to read as follows:
  14. REGISTRATION OF ALL TERRAIN VEHICLES OPERATED UPON PUBLIC HIGHWAYS
CONNECTING PORTIONS OF A FARM OR FARMS, MUNICIPAL SANITARY LANDFILLS AND
LICENSED MOTOR VEHICLE REPAIR SHOPS. NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW  TO  THE  CONTRARY,  ALL  TERRAIN VEHICLES TO BE OPERATED BY ANY
PERSON, UPON A PUBLIC HIGHWAY FOR THE PURPOSE OF TRAVELING BY  THE  MOST
DIRECT  ROUTE,  BUT  IN  NO EVENT FURTHER THAN TWENTY-FIVE MILES ONE-WAY
FROM A POINT ON A FARM AS DESIGNATED BY THE VEHICLE OWNER AND SET  FORTH
IN AN ATTACHMENT TO THE VEHICLE REGISTRATION, (A) BETWEEN FIELDS, BUILD-
INGS, AND FACILITIES MANAGED OR OPERATED AS PART OF A SINGLE FARM ENTER-
PRISE IN CONNECTION WITH PRODUCTION, HARVESTING, PROCESSING OR MARKETING
ON THAT FARM OF CROPS, LIVESTOCK, OR LIVESTOCK PRODUCTS PRODUCED ON THAT
FARM;  OR  (B)  FOR THE PURPOSE OF TRANSPORTING MATERIALS FROM A FARM TO
THE NEAREST AVAILABLE  MUNICIPAL  SANITARY  LANDFILL;  OR  (C)  FOR  THE
PURPOSE  OF  TRANSPORTING  THE  ALL  TERRAIN  VEHICLE TO A MOTOR VEHICLE
REPAIR SHOP LICENSED PURSUANT TO THIS CHAPTER FOR THE REPAIR OR  ADJUST-
MENT  OF  EQUIPMENT PROVIDED THAT, IN ADDITION TO THE ROUTE RESTRICTIONS
SET FORTH IN THIS SUBDIVISION, NO SUCH TRANSPORT SHALL BE AUTHORIZED (I)
IF SUCH VEHICLE HAS AN OUT-OF-SERVICE DEFECT RELATING  TO  LOAD  SECURE-
MENT,  BRAKE  SYSTEMS,  STEERING  COMPONENTS AND/OR COUPLING DEVICES, OR
AFTER IT HAS BEEN PLACED OUT-OF-SERVICE;  (II)  ON  ANY  LIMITED  ACCESS
HIGHWAY;  AND  (III)  DURING THE PERIOD OF ONE HOUR BEFORE SUNSET TO ONE
HOUR AFTER SUNRISE, MAY BE REGISTERED AS PROVIDED IN  THIS  SUBDIVISION.
EVERY OWNER OF SUCH VEHICLES MAY CAUSE TO BE FILED BY MAIL OR OTHERWISE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00765-01-9
              

S. 2941                             2

WITH THE COMMISSIONER OR WITH ANY AGENT OF THE COMMISSIONER, AN APPLICA-
TION  FOR  REGISTRATION  OF SUCH VEHICLE, ADDRESSED TO THE COMMISSIONER,
AND ON A BLANK TO BE FURNISHED BY THE  COMMISSIONER  FOR  THAT  PURPOSE,
CONTAINING  THE  INFORMATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION
AND SUCH OTHER  INFORMATION  AS  THE  COMMISSIONER  SHALL  REQUIRE.  THE
COMMISSIONER  OR AGENT SHALL MAKE SUCH INVESTIGATION, AS HE OR SHE SHALL
DETERMINE NECESSARY, AND IF SATISFIED THAT THE VEHICLE IS TO BE OPERATED
EXCLUSIVELY AS PROVIDED IN THIS SUBDIVISION SHALL, UPON THE PAYMENT OF A
FEE OF ONE DOLLAR, ASSIGN TO SUCH VEHICLE A DISTINCTIVE NUMBER AND ISSUE
AND DELIVER TO THE APPLICANT A SET OF NUMBER PLATES AND A CERTIFICATE OF
REGISTRATION IN SUCH FORM AS THE COMMISSIONER SHALL PRESCRIBE,  INDICAT-
ING  THE  EXTENT  TO WHICH THE VEHICLE REGISTERED MAY BE OPERATED ON THE
PUBLIC HIGHWAYS AND SUCH VEHICLE MAY BE OPERATED ONLY AS  SO  INDICATED.
FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS "FARM" AND "CROPS, LIVE-
STOCK  OR LIVESTOCK PRODUCTS," SHALL HAVE THE SAME MEANING AS "LAND USED
IN  AGRICULTURAL  PRODUCTION"  AND  "CROPS,  LIVESTOCK   AND   LIVESTOCK
PRODUCTS,"  RESPECTIVELY, AS DEFINED IN SECTION THREE HUNDRED ONE OF THE
AGRICULTURE AND MARKETS LAW, EXCEPT THAT FARMERS WITH AN  AVERAGE  GROSS
SALES  VALUE  OF  AT LEAST ONE THOUSAND DOLLARS PER YEAR OF CROPS, LIVE-
STOCK, AND LIVESTOCK PRODUCTS SHALL BE  ELIGIBLE  TO  REGISTER  VEHICLES
PURSUANT TO THIS SUBDIVISION.
  S 2. This act shall take effect immediately.