senate Bill S4711

2013-2014 Legislative Session

Relates to the all terrain vehicle trial registration program

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Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to transportation
Apr 18, 2013 referred to transportation

Co-Sponsors

S4711 - Bill Details

See Assembly Version of this Bill:
A7132
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง2292, V & T L

S4711 - Bill Texts

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Relates to the definition of all terrain vehicle or "ATV"; increases the dry weight of such vehicle from 1000 pounds to 1500 pounds.

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BILL NUMBER:S4711

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the all terrain vehicle trial registration program

PURPOSE: This bill amends the Vehicle and Traffic Law to create a two
year trial program in certain counties for the registration of all
terrain vehicles.

SUMMARY OF PROVISIONS:

Section 1 amends the Vehicle and Traffic Law by adding a new section
2292 which creates the all terrain vehicle trial registration program.

Subsection 1 provides that the program will be in place for two years
and only apply in the counties of Allegany, Jefferson, Oswego,
Madison, and the portions of Saint Lawrence and Lewis counties which
are located outside of the Adirondack Park. All terrain vehicles
(ATVs) weighing up to one thousand five hundred pounds will be allowed
to register for the program.

Subsection 2 provides that the ATVs registered under this program will
be required to have an unobstructed registration number with a plate
on the back of the ATV.

Subsection 3 provides that failure to comply with any part of this
section will constitute a non-criminal violation punishable by fines
stated in this section.

Subsection 4 provides the circumstances under which a police officer
or Department of Environmental Conservation enforcement officer may
impound an ATV.

Subsection 5 provides that the parents of minors found in violation of
this shall be liable for the fines and penalties enumerated in this
section.

Subsection 6 provides that the Department of Environmental
Conservation is responsible for the enforcement of the provisions in
this section.

Subsection 7 provides that at the conclusion of this pilot program the
Commissioner of Transportation in consultation with the Commissioner
of the Department of Environmental Conservation shall assess the
program and submit a report to the Legislature and the Governor which
includes, but is not limited to, certain items.

EXISTING LAW: Under the current law, ATVs weighing more than 1,000
pounds cannot be registered in New York State.

JUSTIFICATION: Currently, the law limits the size of ATVs that can be
registered to 1,000 pounds or less. Yet, many new ATVs that are
currently for sale weigh more than 1,000 pounds. Therefore, many New
York State residents cannot register the ATVs they have legally
purchased and own. This poses a significant problem for many families
and individuals throughout the State.


This bill begins to address the issue of not being able to register
ATVs that weigh over 1,000 pounds by creating a two year trial
registration program, in certain counties, for ATVs that weigh up to
1,500 pounds. Registration of ATVs that are part of this program would
require the payment of a registration fee to the State and the display
of an unobstructed registration number with a plate on the back of the
all terrain vehicle.

At the conclusion of the trial registration program the Commissioner
of the Department of Transportation, in consultation with the
Commissioner of the Department of Environmental Conservation, shall
assess the program and submit a report to the Legislature and the
Governor This report shall include, but not be limited to, the
environmental impact of the program, the economic impact of the
program, the revenue generated by the program and any other
considerations as determined by the Commissioners. This pilot program,
and the assessment at its conclusion, will allow the State to gain a
better understanding of the positive results that will occur if ATVs
weighing up to 1,500 pounds are able to be registered in New York
State.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: This bill will result in increased revenue for
the state because ATVs that were previously unable to be registered
can now be registered for a trial registration program.

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

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

                                  4711

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced  by  Sens.  RITCHIE, GRIFFO, VALESKY, YOUNG -- 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 all
  terrain vehicle trial registration program

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

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 2292 to read as follows:
  S 2292. ALL TERRAIN  VEHICLE  TRIAL  REGISTRATION  PROGRAM.  1.  TRIAL
PROGRAM.  FOR  THE  COUNTIES OF ALLEGANY, OSWEGO, JEFFERSON AND MADISON,
AND THE PORTIONS OF SAINT LAWRENCE AND LEWIS COUNTIES THAT  ARE  LOCATED
OUTSIDE  OF  THE  ADIRONDACK  PARK, THE DEPARTMENT SHALL AUTHORIZE A TWO
YEAR TRIAL REGISTRATION PROGRAM FOR ALL TERRAIN VEHICLES (ATV) OF  UP TO
ONE THOUSAND FIVE HUNDRED POUNDS.
  2. SUCH ATVS SHALL BE REGISTERED WITH THE DEPARTMENT AND SHALL REQUIRE
A REGISTRATION NUMBER WITH A PLATE ON THE BACK OF SUCH VEHICLES.    SUCH
PLATE  SHALL  NOT  BE  OBSCURED  BY  GLASS  OR  PLASTIC AND SHALL NOT BE
OBSTRUCTED BY ANY PART OF THE VEHICLE.
  3. FAILURE TO COMPLY WITH ANY PART OF THIS SECTION SHALL CONSTITUTE  A
NON-CRIMINAL VIOLATION AND SHALL BE PUNISHABLE BY:
  (A) A ONE HUNDRED DOLLAR FINE FOR THE FIRST OFFENSE;
  (B) A ONE HUNDRED FIFTY DOLLAR FINE FOR THE SECOND OFFENSE;
  (C) A TWO HUNDRED FIFTY DOLLAR FINE FOR A THIRD OR SUBSEQUENT OFFENSE.
  4.  A  POLICE  OFFICER  OR ENFORCEMENT OFFICIAL FROM THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION MAY IMPOUND AN ATV FOR THE FOLLOWING REASONS:
  (A) OPERATION OF AN ATV ON OTHER THAN  DESIGNATED  ROUTES  WITHIN  THE
FOREST PRESERVE; OR
  (B) VIOLATION OF SECTION TWENTY-TWO HUNDRED EIGHTY-THREE OF THIS ARTI-
CLE  WHEN  SUCH  VIOLATION  CONSTITUTES  BOTH  A  SECOND OFFENSE OF SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09999-01-3

S. 4711                             2

SECTION AND IS A VIOLATION OF SECTION TWENTY-FOUR HUNDRED THREE OF  THIS
TITLE; OR
  (C) OPERATION OF AN ATV UPON ANY PUBLIC OR PRIVATE PROPERTY WITHIN THE
STATE  DURING  THE COMMISSION OF A SEPARATE MISDEMEANOR OR FELONY ACT AS
DEFINED IN THE PENAL LAW; PROVIDED HOWEVER THAT A VIOLATION OF  SUBDIVI-
SION  (A) OF SECTION 140.10 OF THE PENAL LAW SHALL NOT IN ITSELF CONSTI-
TUTE A SEPARATE MISDEMEANOR FOR PURPOSES OF THIS SUBDIVISION.
  5. PARENTS OF MINORS FOUND IN  VIOLATION  OF  THIS  SECTION  SHALL  BE
LIABLE FOR SUCH FINES AND PENALTIES ENUMERATED IN THIS SECTION.
  6.  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION SHALL ENFORCE THE
PROVISIONS OF THIS SECTION.
  7. AT THE CONCLUSION  OF  SUCH  PILOT  PROGRAM,  THE  COMMISSIONER  IN
CONSULTATION  WITH  THE  COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION SHALL ASSESS THE PROGRAM AND SUBMIT A REPORT TO THE  LEGIS-
LATURE  AND THE GOVERNOR WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
ENVIRONMENTAL IMPACT OF  SUCH  PROGRAM,  THE  ECONOMIC  IMPACT  OF  SUCH
PROGRAM, THE REVENUE GENERATED AND OTHER CONSIDERATIONS DETERMINED TO BE
RELEVANT  BY  THE COMMISSIONER AND THE COMMISSIONER OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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