S T A T E O F N E W Y O R K
________________________________________________________________________
5530
2019-2020 Regular Sessions
I N A S S E M B L Y
February 13, 2019
___________
Introduced by M. of A. SALKA -- 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.
LBD09376-01-9
A. 5530 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.