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.
