senate Bill S3742B

2011-2012 Legislative Session

Amends the definition of all terrain vehicles to include class one and class two all-terrain vehicles

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 referred to transportation
delivered to assembly
passed senate
ordered to third reading cal.1275
committee discharged and committed to rules
Jan 04, 2012 referred to transportation
Jun 03, 2011 print number 3742b
amend (t) and recommit to transportation
Mar 18, 2011 print number 3742a
amend and recommit to transportation
Mar 03, 2011 referred to transportation

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S3742 - Bill Details

See Assembly Version of this Bill:
A6937A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §2281, V & T L

S3742 - Bill Texts

view summary

Amends the definition of all terrain vehicles to include class one all-terrain vehicles, which are up to 50 inches wide and 1200 pounds dry weight, and class two all-terrain vehicles, which are up to 70 inches wide and 2000 pounds dry weight.

view sponsor memo
BILL NUMBER:S3742

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the definition and
use of all terrain vehicles and recreational off-highway vehicles

PURPOSE:
The purpose of this legislation is to update the outdated A TV
definition, create a new definition for recreational vehicles that
have side-by-side seating (ROV) as a separate type of vehicle from
traditional ATVs, and to ensure ROVS have access to state ATV
trail/recreational park riding opportunities.

SUMMARY OF PROVISIONS:
Section one amends subdivision one of section 2281 of the vehicle and
traffic law to increase the defined weight of an ATV to 1200 pounds
dry weight and decreases the width to 50 inches. In addition it
creates a new definition for recreational vehicles that have
side-by-side seating (ROV) as a separate type of vehicle from
traditional ATVs.

Section two amends section 2405 of the vehicle and traffic law to
ensure that ROV shave access to state ATV trail and recreational park
riding opportunities where appropriate.

Section three provides for an effective date.

JUSTIFICATION:
In an effort to encompass the industry's current and future product
offerings, this legislation updates the outdated ATV definition from
1000 pounds dry weight to 1200 pounds. The current weight limit
forces New Yorkers to register their vehicles in other states,
resulting in lost revenue to state coffers.

This bill also creates a definition for ROVs, or recreational
off-highway vehicles, and . provides that ROV s have access to state
ATV trails.

ROVs are a new breed of machine, attracting the attention of outdoor
enthusiasts in ever-increasing numbers. Although intended primarily
for recreational use, ROVs also have carved a niche in the workplace
in fields like farming and construction.

New York State should be doing all it can to expand one of its
strongest economic sectors, tourism. This proposal is a step forward
in that it will encourage more people to register their vehicles and
to visit our trails which will help local economies.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Increased registration of vehicles will generate new revenues for the
state.


EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

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

                                  3742

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by  Sens.  GRIFFO,  BONACIC, LARKIN, RANZENHOFER, RITCHIE --
  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 the defi-
  nition and use of all terrain vehicles  and  recreational  off-highway
  vehicles

  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 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]
FIFTY  inches  in  width, or one thousand TWO HUNDRED pounds dry weight.
Provided, however, this definition shall not include a  "snowmobile"  or
other  self-propelled  vehicles  manufactured for off-highway use exclu-
sively 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) "RECREATIONAL OFF-HIGHWAY VEHICLE" OR "ROV"  MEANS  ANY  SELF-PRO-
PELLED 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 TWO THOUSAND POUNDS DRY WEIGHT. PROVIDED,
HOWEVER, THAT 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09335-02-1

S. 3742                             2

  (C)  Notwithstanding  the provisions of [paragraph] PARAGRAPHS (a) AND
(B) of this subdivision, the [term] TERMS "all  terrain  vehicle"  [or],
"ATV",  "RECREATIONAL  OFF-HIGHWAY  VEHICLE" AND "ROV" 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 vehicle" [or], "ATV", "RECREATIONAL OFF-HIGHWAY VEHI-
CLE" OR "ROV" 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",  "RECREATIONAL  OFF-HIGHWAY  VEHICLES" OR "ROV'S" while in such
use.
  S 2. Section 2405 of the vehicle and traffic law, as added by  chapter
402 of the laws of 1986, is amended to read as follows:
  S 2405. Designation  of  highways  and public lands for travel by ATVs
AND ROVS.  1. Highways. Except with respect to  interstate  highways  or
controlled  access  highways,  the  department  of  transportation  with
respect to state highways, maintained by the state and any other govern-
mental agency with respect to highways,  including  bridge  and  culvert
crossings, under its jurisdiction may designate and post any such public
highway  or  portion thereof as open for travel by ATVs AND ROVS when in
the determination of the governmental agency concerned, it is  otherwise
impossible  for ATVs AND ROVS to gain access to areas or trails adjacent
to the highway.  Such designations by a state agency shall be by rule or
regulation, and such designations by any municipality other than a state
agency shall be by local law or ordinance.
  2. Public lands other than highways. A governmental agency other  than
a municipality, by regulation or order, and a municipality, by ordinance
or  local  law,  may  designate any appropriate public lands, waters and
properties other than highways under its jurisdiction as  a  place  open
for travel by ATVs AND ROVS upon written request for such designation by
any  person,  and  may  impose restrictions and conditions for the regu-
lation and safe operation of ATVs AND ROVS on such public property, such
as travel on designated trails and hours of operation. In addition ther-
eto, such agency or municipality may not require the operator of an  ATV
OR ROV to possess a motor vehicle operator's license. A municipality may
charge a fee for use of ATVs AND ROVS on such public lands.
  3. Signs and markers. (a) Such designated highways or portions thereof
or designated lands shall be identified by markers in such manner as may
be provided by rules and regulations of the commissioner.
  (b)  All signs or markers shall be erected at the expense of the state
or municipality, provided, however, that  the  municipality  may  accept
funds  or  contributions therefor from private persons, clubs or associ-
ations interested in the promotion of ATVs AND ROVS.
  4. Any regulation, order, local law or ordinance  which  designates  a
highway or portion thereof or designated lands which may be used for ATV
AND  ROV operations may include rules and impose restrictions and condi-
tions for the regulation and safe operation of  ATVs  AND  ROVS  on  the
highways  and  lands  so designated, such as travel on designated trails
and hours of operation. Any restriction or condition  not  contained  in
this chapter must be posted.
  5.  Copies of orders, regulations, local laws or ordinances adopted by
governmental agencies pursuant to this section shall be filed  with  the
commissioner.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

Co-Sponsors

view additional co-sponsors

S3742A - Bill Details

See Assembly Version of this Bill:
A6937A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §2281, V & T L

S3742A - Bill Texts

view summary

Amends the definition of all terrain vehicles to include class one all-terrain vehicles, which are up to 50 inches wide and 1200 pounds dry weight, and class two all-terrain vehicles, which are up to 70 inches wide and 2000 pounds dry weight.

view sponsor memo
BILL NUMBER:S3742A

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the definition and
use of all terrain vehicles and recreational off-highway vehicles

PURPOSE:
The purpose of this legislation is to update the outdated ATV
definition, create a new definition for recreational vehicles that
have side-by-side seating (ROV) as a separate type of vehicle from
traditional ATVs, and to ensure ROVs have access to state ATV
trail/recreational park riding opportunities.

SUMMARY OF PROVISIONS:
Section one amends subdivision one of section 2281 of the vehicle and
traffic law to increase the defined weight of an ATV to 1200 pounds
dry weight and decreases the width to 50 inches. In addition it
creates a new definition for recreational vehicles that have
side-by-side seating (ROV) as a separate type of vehicle from
traditional ATVs.

Section two amends section 2405 of the vehicle and traffic law to
ensure that ROVs have access to state ATV trail and recreational park
riding opportunities where appropriate.

Section three provides for an effective date.

JUSTIFICATION:
In an effort to encompass the industry's current and future product
offerings, this legislation updates the outdated ATV definition from
1000 pounds dry weight to 1200 pounds. The current weight limit
forces New Yorkers to register their vehicles in other states,
resulting in lost revenue to state coffers.

This bill also creates a definition for ROVs, or recreational
off-highway vehicles, and provides that ROVs have access to state ATV
trails.

ROVs are a new breed of machine, attracting the attention of outdoor
enthusiasts in ever-increasing numbers. Although intended primarily
for recreational use, ROVs also have carved a niche in the workplace
in fields like farming and construction.

New York State should be doing all it can to expand one of its
strongest economic sectors, tourism. This proposal is a step forward
in that it will encourage more people to register their vehicles and
to visit our trails which will help local economies.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Increased registration of vehicles will generate new revenues for the
state.


EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3742--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by  Sens.  GRIFFO,  BONACIC,  LARKIN,  O'MARA,  RANZENHOFER,
  RITCHIE -- read twice and ordered printed,  and  when  printed  to  be
  committed  to the Committee on Transportation -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend the vehicle and traffic law, in relation to the defi-
  nition and use of all terrain vehicles  and  recreational  off-highway
  vehicles

  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 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]
FIFTY  inches  in  width, or one thousand TWO HUNDRED pounds dry weight.
Provided, however, this definition shall not include a  "snowmobile"  or
other  self-propelled  vehicles  manufactured for off-highway use exclu-
sively 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) "RECREATIONAL OFF-HIGHWAY VEHICLE" OR "ROV"  MEANS  ANY  SELF-PRO-
PELLED 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 TWO THOUSAND POUNDS DRY WEIGHT. PROVIDED,
HOWEVER, THAT 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09335-03-1

S. 3742--A                          2

  (C)  Notwithstanding  the provisions of [paragraph] PARAGRAPHS (a) AND
(B) of this subdivision, the [term] TERMS "all  terrain  vehicle"  [or],
"ATV",  "RECREATIONAL  OFF-HIGHWAY  VEHICLE" AND "ROV" 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 vehicle" [or], "ATV", "RECREATIONAL OFF-HIGHWAY VEHI-
CLE" OR "ROV" 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",  "RECREATIONAL  OFF-HIGHWAY  VEHICLES" OR "ROV'S" while in such
use.
  S 2. Section 2405 of the vehicle and traffic law, as added by  chapter
402 of the laws of 1986, is amended to read as follows:
  S 2405. Designation  of  highways  and public lands for travel by ATVs
AND ROVS.  1. Highways. Except with respect to  interstate  highways  or
controlled  access  highways,  the  department  of  transportation  with
respect to state highways, maintained by the state and any other govern-
mental agency with respect to highways,  including  bridge  and  culvert
crossings, under its jurisdiction may designate and post any such public
highway  or  portion  thereof  as  open  for travel by ATVs [when in the
determination of the governmental  agency  concerned,  it  is  otherwise
impossible for ATVs] AND ROVS to gain access to areas or trails adjacent
to the highway.  Such designations by a state agency shall be by rule or
regulation, and such designations by any municipality other than a state
agency shall be by local law or ordinance.
  2.  Public lands other than highways. A governmental agency other than
a municipality, by regulation or order, and a municipality, by ordinance
or local law, may designate any appropriate  public  lands,  waters  and
properties  other  than  highways under its jurisdiction as a place open
for travel by ATVs AND ROVS upon written request for such designation by
any person, and may impose restrictions and  conditions  for  the  regu-
lation and safe operation of ATVs AND ROVS on such public property, such
as travel on designated trails and hours of operation. In addition ther-
eto,  such agency or municipality may not require the operator of an ATV
OR ROV to possess a motor vehicle operator's license. A municipality may
charge a fee for use of ATVs AND ROVS on such public lands.
  3. Signs and markers. (a) Such designated highways or portions thereof
or designated lands shall be identified by markers in such manner as may
be provided by rules and regulations of the commissioner.
  (b) All signs or markers shall be erected at the expense of the  state
or  municipality,  provided,  however,  that the municipality may accept
funds or contributions therefor from private persons, clubs  or  associ-
ations interested in the promotion of ATVs AND ROVS.
  4.  Any  regulation,  order, local law or ordinance which designates a
highway or portion thereof or designated lands which may be used for ATV
AND ROV operations may include rules and impose restrictions and  condi-
tions  for  the  regulation  and  safe operation of ATVs AND ROVS on the
highways and lands so designated, such as travel  on  designated  trails
and  hours  of  operation. Any restriction or condition not contained in
this chapter must be posted.
  5. Copies of orders, regulations, local laws or ordinances adopted  by
governmental  agencies  pursuant to this section shall be filed with the
commissioner.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

Co-Sponsors

view additional co-sponsors

S3742B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6937A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §2281, V & T L

S3742B (ACTIVE) - Bill Texts

view summary

Amends the definition of all terrain vehicles to include class one all-terrain vehicles, which are up to 50 inches wide and 1200 pounds dry weight, and class two all-terrain vehicles, which are up to 70 inches wide and 2000 pounds dry weight.

view sponsor memo
BILL NUMBER:S3742B

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

PURPOSE:
The purpose of this legislation is to update the outdated ATV
definition, create a new definition for class one and class two
all-terrain vehicles.

SUMMARY OF PROVISIONS:
Section one amends subdivision one of section 2281 of the vehicle and
traffic law to increase the defined weight of an ATV to 1200 pounds
dry weight and decreases the width to 50 inches. In addition, it
creates a new definition for class two all-terrain vehicles to be 70
inches in width or 2000 pounds of dry weight.

Section 2 provides that the bill shall take effect on the thirtieth
day after it shall have become a law.

JUSTIFICATION:
The current weight limit in statute for ATVs forces New Yorkers to
register their vehicles in other states, resulting in lost revenue to
state coffers. In an effort to encompass the industry's current and
future product offerings, this legislation updates the outdated
definition from 1000 pounds dry weight to a class one all-terrain
vehicle with a weight not to exceed 1200 pounds. It also provides for
a class two all-terrain vehicle which would be up to 70 inches in
width or 2000 pounds dry weight.

New York State should be doing all it can to expand one of its
strongest economic sectors, tourism. This legislation is a step
forward in that it will enable more people to register their vehicles
and to visit our trails which will help local economies.

LEGISLATIVE HISTORY:
New.

FISCAL IMPLICATIONS:
Increased registration of vehicles will generate new revenues for the
state.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3742--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced by Sens. GRIFFO, BONACIC, LARKIN, MAZIARZ, O'MARA, RANZENHOF-
  ER,  RITCHIE -- read twice and ordered printed, and when printed to be
  committed to the Committee on Transportation -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the vehicle and traffic law, in relation to the defi-
  nition of all terrain vehicles

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

  Section 1. Paragraph (a) of subdivision 1 of section 2281 of the vehi-
cle  and  traffic law, as amended by chapter 319 of the laws of 1997, is
amended to read as follows:
  (a) "All terrain vehicle" or "ATV" means  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] A CLASS ONE ALL-TERRAIN vehicle
does not exceed [seventy] FIFTY inches in width,  or  one  thousand  TWO
HUNDRED  pounds  dry weight AND A CLASS TWO ALL-TERRAIN VEHICLE DOES NOT
EXCEED SEVENTY INCHES IN WIDTH,  OR  TWO  THOUSAND  POUNDS  DRY  WEIGHT.
Provided,  however,  this definition shall not include a "snowmobile" or
other self-propelled vehicles manufactured for  off-highway  use  exclu-
sively  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.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09335-05-1

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