S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5184
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M. of A. MAGEE, BLANKENBUSH -- read once and referred 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:
   §  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
 SECTION  AND IS A VIOLATION OF SECTION TWENTY-FOUR HUNDRED THREE OF THIS
 TITLE; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08816-01-7

 A. 5184                             2
 
   (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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.