Senate Bill S4673A

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

                                 4673--A
    Cal. No. 949

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee, ordered to  first  report,  amended  on
  first  report,  ordered  to  a  second  report  and ordered reprinted,
  retaining its place in the order of second report

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

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

                                                           LBD00342-02-1

S. 4673--A                          2

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,
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 FORM  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, INDICATING 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, LIVESTOCK OR LIVESTOCK PRODUCTS," SHALL HAVE THE SAME MEANING AS
"LAND  USED  IN AGRICULTURAL PRODUCTION" AND "CROPS, LIVESTOCK AND LIVE-
STOCK 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,
LIVESTOCK, AND LIVESTOCK PRODUCTS SHALL BE ELIGIBLE TO REGISTER VEHICLES
PURSUANT TO THIS SUBDIVISION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.