S T A T E O F N E W Y O R K
________________________________________________________________________
3838
2017-2018 Regular Sessions
I N S E N A T E
January 27, 2017
___________
Introduced by Sens. RITCHIE, AKSHAR, MARCHIONE -- read twice and ordered
printed, and when printed to be committed to the Committee on Cultural
Affairs, Tourism, Parks and Recreation
AN ACT to amend the parks, recreation and historic preservation law, the
vehicle and traffic law and the state finance law, in relation to the
creation of an ATV trail fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent and purpose. In order to best organize
and sustain an environmentally sensitive statewide system of trails for
all terrain vehicles, the legislature hereby creates an ATV trail fund.
The control and supervision of the trail fund shall be maintained by the
office of parks, recreation and historic preservation upon consultation
with the department of environmental conservation. The trail fund is
created for the purpose of designating state, municipal and private
lands as part of a statewide network of ATV trails. Fees obtained by the
office of parks, recreation and historic preservation for the mainte-
nance of the trail fund shall be divided between administration,
enforcement, education and remediation and maintenance, construction and
development of the statewide trail system. It is the purpose of this
act to promote the safe and proper use of all terrain vehicles for
recreation and commerce in this state by encouraging their use and
development, while minimizing detrimental effects of such use upon the
environment.
§ 2. The parks, recreation and historic preservation law is amended by
adding a new article 26 to read as follows:
ARTICLE 26
ALL-TERRAIN VEHICLE TRAIL FUND
SECTION 26.01 TRAIL PLAN.
26.03 RULES AND REGULATIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02058-01-7
S. 3838 2
§ 26.01 TRAIL PLAN. THE DEPARTMENT SHALL PREPARE A STATEWIDE ALL-TER-
RAIN VEHICLE TRAIL PLAN PROVIDING FOR RECREATIONAL USE OF "ALL TERRAIN
VEHICLES" OR "ATVS" ON PERMITTED STATE AND MUNICIPAL LANDS AND ATV
DESIGNATED TRAILS ON PRIVATE LANDS TO ESTABLISH A STATEWIDE NETWORK OF
ATV TRAILS. FOR PURPOSES OF THIS ARTICLE, "ATV" MEANS AN ALL TERRAIN
VEHICLE AS DEFINED IN SECTION TWENTY-TWO HUNDRED EIGHTY-ONE OF THE VEHI-
CLE AND TRAFFIC LAW.
§ 26.03 RULES AND REGULATIONS. 1. THE DEPARTMENT SHALL PROMULGATE
REGULATIONS FOR THE USE OF ATVS WITH A VIEW TOWARDS ACHIEVING MAXIMUM
USE OF ATVS AND MINIMIZING THE DETRIMENTAL EFFECT THEREOF UPON THE ENVI-
RONMENT. NOTHING IN THIS SECTION SHALL PROHIBIT THE DEPARTMENT FROM
AUTHORIZING OTHER ATV USE ON STATE OWNED LANDS. THE COMMISSIONER SHALL
ADOPT RULES AND REGULATIONS RELATING TO AND INCLUDING, BUT NOT LIMITED
TO THE FOLLOWING:
A. USE OF ATVS INSOFAR AS FISH AND WILDLIFE RESOURCES AND NATURAL
RESOURCES OF THE STATE.
B. USE OF ATVS ON PUBLIC LANDS UNDER THE JURISDICTION OF THE DEPART-
MENT, PROVIDING FOR INCORPORATING RECREATIONAL AND SPORTSMAN USE INTO
UMPS DEVELOPED FOR SUCH LANDS.
C. UNIFORM SIGNS OR MARKERS.
D. REQUIREMENTS FOR PROTECTION OF PRIVATE PROPERTY OR THEREIN OCCA-
SIONED BY THE USE OF ATVS.
E. ESTABLISHMENT OF A COMPREHENSIVE ATV INFORMATION AND SAFETY EDUCA-
TION AND TRAINING PROGRAM, INCLUDING PROVISION FOR THE ISSUANCE OF ATV
OPERATION AND SAFETY CERTIFICATES FOR OPERATION OF ATVS BY YOUTHFUL
OPERATORS AND ADULT OPERATORS WITHOUT A VALID DRIVER'S LICENSE.
F. REQUIREMENTS THAT NEW CONNECTOR TRAILS MUST COMPLY WITH STATE LAWS
AND REGULATIONS AND, WHERE APPLICABLE FOR STATE-OWNED LANDS, COMPLY WITH
A UNIT MANAGEMENT PLAN AND BE SUBJECT TO FULL PUBLIC REVIEW AND HEAR-
INGS.
G. REQUIREMENTS FOR MUNICIPALITIES FOR THE DESIGNATION OF ATV USE ON
OTHER PUBLIC LANDS MUST BE CONSISTENT WITH ENVIRONMENTAL IMPACT ASSESS-
MENTS AS PRESCRIBED BY 6 NYCRR PART 617, AND PARAGRAPH B OF SUBDIVISION
ONE AND PARAGRAPH M OF SUBDIVISION TWO OF SECTION 3-0301 AND SECTION
8-0113 OF THE ENVIRONMENTAL CONSERVATION LAW.
H. PROVISIONS FOR CURRENT TRAILS AND TRAILS PENDING APPROVAL ON OR
BEFORE THE EFFECTIVE DATE OF THIS ARTICLE ARE PRESERVED IN PERPETUITY
AND NOTHING SHALL RESTRICT THE USE OF COMMISSIONER POLICY THREE (CP3)
PERMITS ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ON THESE
TRAILS.
I. PROVISIONS PROHIBITING THE USE OF ATVS ON STATE OWNED LANDS CLASSI-
FIED AS THE FOLLOWING: ALBANY PINE BUSH, LONG ISLAND PINE BARRENS, OR
LAND OR WATER CLASSIFIED AS PRIMITIVE OR CANOE PURSUANT TO THE MASTER
PLAN FOR MANAGEMENT OF STATE LAND.
2. OPERATION BY YOUTHFUL OPERATORS SHALL BE AS FOLLOWS:
A. PERSONS BETWEEN TEN AND FOURTEEN YEARS OLD MUST HOLD A VALID SAFETY
CERTIFICATE AND BE ACCOMPANIED BY AN ADULT.
B. PERSONS BETWEEN FIFTEEN AND EIGHTEEN YEARS OLD MUST HOLD A VALID
SAFETY CERTIFICATE OR DRIVER'S LICENSE.
§ 3. Subdivision 1 of section 2282 of the vehicle and traffic law, as
amended by chapter 402 of the law of 1986, is amended to read as
follows:
1. Except as hereinafter provided, no person shall operate any ATV
within the state ON LANDS OTHER THAN THOSE PRIVATELY OWNED BY THE ATV
OWNER unless such ATV has been registered and numbered in accordance
with the provisions of this article, and the registration number for
S. 3838 3
such ATV is in full force and effect and displayed as provided under
this article and regulations promulgated thereunder.
§ 4. Paragraph (g) of subdivision 4 of section 2282 of the vehicle and
traffic law, as amended by chapter 402 of the laws of 1986, is amended
and a new paragraph (h) is added to read as follows:
(g) Annual fees shall not be prorated and such fees shall be applica-
ble to a year or any portion of a year. [Notwithstanding any inconsist-
ent provision of this section, the difference collected between the fees
set forth in paragraphs (a) and (b) of this subdivision in effect on and
after September first, two thousand nine and the fees set forth in such
paragraphs in effect prior to such date shall be deposited to the credit
of the dedicated highway and bridge trust fund.]
(H) FEES COLLECTED PURSUANT TO THIS SECTION SHALL BE DEPOSITED INTO
THE ATV TRAIL FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-Z OF THE
STATE FINANCE LAW, AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SUCH
SECTION.
§ 5. Subdivision 12 of section 2282 of the vehicle and traffic law, as
added by chapter 671 of the laws of 1985, is amended to read as follows:
12. Out of state ATV registration. (A) The registration provisions of
this article shall not apply to non-resident owners who have registered
their ATVs in compliance with the registration and licensing laws of the
state, province, district or country of residence, provided that the ATV
is appropriately identified in accordance with the laws of the state of
residence. The provisions of this subdivision shall not apply to a resi-
dent of another state, province, district or country which does not have
an ATV registration and identification law. Nothing in this subdivision
shall be construed to authorize the operation of any ATV contrary to the
provisions of this article.
(B) NON-RESIDENT OWNERS WHO HAVE REGISTERED THEIR ATVS IN COMPLIANCE
WITH THE REGISTRATION AND LICENSING LAWS OF A JURISDICTION OUT OF THE
STATE, OR WHO RESIDE IN A JURISDICTION WHICH DOES NOT HAVE AN ATV REGIS-
TRATION AND IDENTIFICATION LAW, SHALL PAY AN ANNUAL FEE, EQUAL TO THAT
PROVIDED FOR PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS
SECTION TO LAWFULLY OPERATE SUCH ATV IN THE STATE ON LANDS OTHER THAN
THOSE PRIVATELY OWNED BY THE ATV OWNER.
§ 6. Section 2404 of the vehicle and traffic law, as added by chapter
402 of the laws of 1986, paragraph (e) of subdivision 1 and subdivision
3 as amended by chapter 554 of the laws of 2005, is amended to read as
follows:
§ 2404. Operating rules. 1. No person shall operate an ATV:
(a) at a rate of speed greater than is reasonable and prudent under
the conditions and having regard to the actual and potential hazards
then existing OR FASTER THAN FIFTY-FIVE MILES PER HOUR;
(b) in a careless, reckless or negligent manner so as to unreasonably
endanger the person or property of another or cause injury or damage
thereto;
(c) on the tracks or right-of-way of an operating railroad;
(d) in any tree nursery or planting in a manner that damages or
destroys growing stock, or creates a substantial risk thereto;
(e) while pulling a person on skis or drawing or towing a sleigh,
sled, toboggan, inflatable device or trailer which carries or transports
any person unless attached by a rigid support, connection or towbar;
(f) on the frozen surface of public waters: within one hundred feet of
any person other than a person riding on an ATV except at the minimum
speed required to maintain forward movement of the ATV, nor within one
hundred feet of a fishing shanty or shelter except at the minimum speed
S. 3838 4
required to maintain forward movement of the ATV nor on an area which
has been cleared of snow for skating purposes unless the area is neces-
sary for access to the public water;
(g) within one hundred feet of a dwelling between midnight and six
a.m., at a speed greater than minimum required to maintain forward move-
ment of the ATV;
(h) on public lands, other than highways, or on private property of
another while in an intoxicated condition or under the influence of
narcotics or drugs;
(I) ON PRIVATE LANDS UNLESS EXPRESSLY PERMITTED; OR
(J) WHILE FAILING OR REFUSING TO COMPLY WITH LAW ENFORCEMENT.
2. The operator of an ATV shall:
(a) stop and yield to an authorized ambulance, civil defense, or
police ATV or police vehicle being operated as an emergency vehicle and
approaching from any direction;
(b) comply with any lawful order or direction of any police officer or
other person duly empowered to enforce the laws relating to ATVs;
(C) KEEP THE ATV LIGHTS ON BETWEEN SUNSET AND SUNRISE;
(D) WEAR A HELMET;
(E) COMPLY WITH THE RULES OF THE ROAD INCLUDING BUT NOT LIMITED TO
ADHERENCE TO SIGNAGE, POSTED SPEED LIMITS, TRAVELING ON THE RIGHT EDGE
OF THE PAVED/ROAD SURFACE AND RIDING SINGLE FILE.
3. [No person shall ride on or in a sleigh, sled, toboggan, inflatable
device or trailer which is being towed or trailed by an ATV unless
attached by a rigid support, connection or towbar.
4. A person operating an ATV shall ride only upon the permanent and
regular seat attached thereto, and such operator shall not carry any
other person nor shall any other person ride on an ATV unless such ATV
is designed to carry more than one person, in which event a passenger
may ride upon the permanent and regular seat if designed for two
persons, or upon another seat firmly attached to the ATV at the rear or
side of the operator.
5.] For the purposes of title seven of this chapter, an ATV shall be a
motor vehicle and the provisions of such title shall be applicable to
ATVs.
[6.] 4. Local laws and ordinances. Nothing contained in this article
shall be deemed to limit the authority of a county, city, town or
village from adopting or amending a local law or ordinance which imposes
stricter restrictions and conditions on the operation of ATVs than are
provided or authorized by this section so long as such local law or
ordinance is consistent with its authority to protect the order,
conduct, health, safety and general welfare of persons or property.
§ 7. Section 2411 of the vehicle and traffic law, as added by chapter
402 of the laws of 1986, is amended to read as follows:
§ 2411. 1. Liability for negligence. Negligence in the use [of] OR
operation of an ATV shall be attributable to the owner. Every owner of
an ATV USED OR OPERATED IN THIS STATE ON LANDS OTHER THAN THOSE PRIVATE-
LY OWNED BY THE ATV OWNER MUST BE INSURED. OWNERS OF ATVS used or oper-
ated in this state shall be liable and responsible for death or injury
to [person] PERSONS or damage to property resulting from negligence in
the use or operation of such ATV [by any person using or operating the
same with the permission, express or implied, of such owner, provided,
however, that such operator's negligence shall not be attributed to the
owner as to any claim or cause of action accruing to the operator or his
legal representative for such injuries or death].
S. 3838 5
2. DUTIES OF ATV OWNERS AND OPERATORS. IT IS RECOGNIZED THAT DRIVING
AN ATV IS A VOLUNTARY ACTIVITY THAT MAY BE HAZARDOUS. IT SHALL BE THE
DUTY OF ATV OWNERS AND OPERATORS:
(A) TO KEEP THEIR ATVS IN PROPER WORKING ORDER.
(B) TO FOLLOW ANY AND ALL OTHER RULES OF CONDUCT AS ARE PRESCRIBED
PURSUANT TO SECTION 26.03 OF THE PARKS, RECREATION AND HISTORIC PRESER-
VATION LAW.
(C) NOT TO OPERATE AN ATV IN ANY AREA NOT DESIGNATED FOR DRIVING ATVS.
(D) NOT TO OPERATE AN ATV BEYOND THE CONDITIONS THAT LIMIT SPEED.
(E) TO FAMILIARIZE THEMSELVES WITH RULES OF THE TRAIL.
(F) NOT TO LEAVE THE SCENE OF ANY ACCIDENT RESULTING IN PERSONAL INJU-
RY OR DAMAGE TO THE PROPERTY BEYOND THE TRAIL.
§ 8. The state finance law is amended by adding a new section 99-z to
read as follows:
§ 99-Z. ATV TRAIL FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT
CUSTODY OF THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVA-
TION AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "ATV TRAIL FUND".
2. THE ATV TRAIL FUND SHALL CONSIST OF MONEYS APPROPRIATED THERETO,
AND FUNDS TRANSFERRED FROM ANY OTHER FUND OR SOURCE INCLUDING THE
PAYMENT OF FEES PURSUANT TO SECTION TWENTY-TWO HUNDRED EIGHTY-TWO OF THE
VEHICLE AND TRAFFIC LAW.
3. TEN PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL BE AVAILABLE
FOR THE ADMINISTRATIVE COSTS OF ADMINISTERING SUCH FUND. FORTY-FIVE
PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL BE MADE AVAILABLE FOR
THE MAINTENANCE, CONSTRUCTION AND DEVELOPMENT OF THE STATEWIDE TRAIL
SYSTEM. FORTY-FIVE PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL BE
MADE AVAILABLE FOR ENFORCING AND EDUCATING THE PUBLIC ABOUT THE
PROVISIONS OF ARTICLE TWENTY-SIX OF THE PARKS, RECREATION AND HISTORIC
PRESERVATION LAW.
4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMIS-
SIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION.
§ 9. Paragraph (a) of 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:
(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
inches in width, or one thousand EIGHT 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.
§ 10. The vehicle and traffic law is amended by adding a new section
2414 to read as follows:
§ 2414. TRESPASS VIOLATION FINE. OPERATORS OF ATVS WHICH HAVE BEEN
CITED FOR TRESPASS SHALL BE FINED ONE HUNDRED DOLLARS FOR A FIRST
VIOLATION; TWO HUNDRED DOLLARS FOR A SECOND VIOLATION WITHIN THREE
HUNDRED SIXTY-FIVE DAYS OF THE INITIAL VIOLATION; AND FIVE HUNDRED
DOLLARS FOR SUBSEQUENT VIOLATIONS WITHIN THREE HUNDRED SIXTY-FIVE DAYS
OF THE INITIAL VIOLATION. THE MONEY COLLECTED FROM THE FINES SHALL BE
PUT INTO THE ATV TRAIL FUND ESTABLISHED BY SECTION NINETY-NINE-Z OF THE
STATE FINANCE LAW AND SHALL BE SPLIT FIFTY PERCENT FOR ENFORCEMENT,
S. 3838 6
EDUCATION AND REMEDIATION AND THE OTHER FIFTY PERCENT FOR TRAIL MAINTE-
NANCE AND TRAIL CONSTRUCTION AND DEVELOPMENT.
§ 11. This act shall take effect immediately.
