Assembly Bill A11682

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11682
 
                           I N  A S S E M B L Y
 
                             September 2, 2026
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Santabar-
   bara) -- read once and referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   the  registration  and  visible  identification  of  certain motorized
   recreational and personal mobility vehicles

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "motorized recreational vehicle  identification  and  accountability
 act".
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1229-e to read as follows:
   § 1229-E. REGISTRATION OF CERTAIN MOTORIZED RECREATIONAL AND  PERSONAL
 MOBILITY  VEHICLES  FOR  IDENTIFICATION PURPOSES. 1. FOR THE PURPOSES OF
 THIS SECTION, THE TERM  "COVERED  MOTORIZED  RECREATIONAL  AND  PERSONAL
 MOBILITY  VEHICLE" OR "COVERED VEHICLE" SHALL INCLUDE OFF-HIGHWAY MOTOR-
 CYCLES, DIRT BIKES, MOTORIZED MINIBIKES AND HIGH-POWERED ELECTRIC  VEHI-
 CLES THAT ARE NOT BICYCLES WITH ELECTRIC ASSIST.
   2.  ALL  COVERED MOTORIZED RECREATIONAL AND PERSONAL MOBILITY VEHICLES
 SHALL BE REGISTERED WITH THE DEPARTMENT AT THE POINT OF SALE  AND  SHALL
 BE  ISSUED  AN  IDENTIFICATION  PLATE  OR  TAG  WHICH  SHALL  BE VISIBLY
 DISPLAYED ON SUCH COVERED VEHICLE.
   3. ANY DEALER OR OTHER  COMMERCIAL  SELLER  OF  ANY  COVERED  VEHICLE,
 INCLUDING  ONLINE  SELLERS DELIVERING COVERED VEHICLES INTO THE STATE OF
 NEW YORK, SHALL SUBMIT COVERED VEHICLE AND PURCHASER INFORMATION TO  THE
 DEPARTMENT  FOR  PURPOSES  OF  THE REGISTRATION REQUIRED BY THIS SECTION
 PRIOR TO RELEASING A COVERED VEHICLE TO A PURCHASER. ANY PRIVATE SALE OR
 OTHER SUBSEQUENT TRANSFER OF A COVERED VEHICLE SHALL ALSO BE REPORTED TO
 THE DEPARTMENT IN ORDER FOR THE DEPARTMENT TO MAINTAIN A CURRENT  OWNER-
 SHIP RECORD OF SUCH COVERED VEHICLE.
   4.  NO  PERSON SHALL REMOVE, CONCEAL, ALTER OR FRAUDULENTLY DISPLAY AN
 IDENTIFICATION PLATE OR TAG REQUIRED PURSUANT TO THIS  SECTION,  VEHICLE
 IDENTIFICATION  NUMBER  OR  SERIAL  NUMBER  OF  ANY COVERED VEHICLE. LAW
 ENFORCEMENT SHALL BE AUTHORIZED TO IMPOUND ANY COVERED VEHICLE  OPERATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16329-01-6
 A. 11682                            2
 
 ON  PUBLIC  PROPERTY  WITHOUT IDENTIFICATION REQUIRED BY THIS SECTION OR
 WITH ALTERED OR FRAUDULENT IDENTIFICATION.
   5.  REGISTRATION OF COVERED VEHICLES PURSUANT TO THIS SECTION SHALL BE
 ONLY FOR IDENTIFICATION AND ACCOUNTABILITY PURPOSES.  SUCH  REGISTRATION
 SHALL  NOT  AUTHORIZE THE OPERATION OF ANY COVERED VEHICLE ON ANY PUBLIC
 ROAD OR IN ANY OTHER LOCATION WHERE SUCH OPERATION IS OTHERWISE  PROHIB-
 ITED.
   6. THE IDENTIFICATION OF A COVERED VEHICLE REGISTERED PURSUANT TO THIS
 SECTION  BY  ITS  VISIBLE  IDENTIFICATION  PLATE OR TAG REQUIRED BY THIS
 SECTION AS A VEHICLE OPERATED ILLEGALLY ON A PUBLIC STREET, SIDEWALK  OR
 OTHER PUBLIC PROPERTY SHALL NOT BE SUFFICIENT EVIDENCE TO ESTABLISH THAT
 THE  REGISTERED OWNER OF SUCH COVERED VEHICLE WAS OPERATING SUCH COVERED
 VEHICLE. SUCH OWNER SHALL BE PROVIDED NOTICE THAT SUCH  COVERED  VEHICLE
 WAS  IDENTIFIED BEING OPERATED ILLEGALLY ON A PUBLIC STREET, SIDEWALK OR
 OTHER PUBLIC PROPERTY AND AN OPPORTUNITY FOR A HEARING TO ESTABLISH THAT
 SUCH COVERED VEHICLE HAD BEEN SOLD, STOLEN, MISIDENTIFIED OR USED  WITH-
 OUT SUCH OWNER'S AUTHORIZATION.
   7.  THE  COMMISSIONER  SHALL  BE  AUTHORIZED  TO ADOPT ANY REGULATIONS
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 3. Subdivision 6-a of section 2282 of the vehicle and  traffic  law,
 as  added  by  section 1 of part D of chapter 59 of the laws of 2005, is
 amended to read as follows:
   6-a. Registration at time of sale. Every all terrain  vehicle  defined
 by section twenty-two hundred eighty-one of this article sold by a deal-
 er  OR  OTHER  COMMERCIAL  SELLER  OF ALL TERRAIN VEHICLES, INCLUDING AN
 ONLINE SELLER DELIVERING ALL TERRAIN VEHICLES  INTO  THE  STATE  OF  NEW
 YORK,  shall  be registered at the time of sale of such vehicle PRIOR TO
 BEING RELEASED TO THE PURCHASER OF SUCH VEHICLE. Such registration shall
 be valid until the thirty-first day of August following the date of such
 sale; provided, however, that any all terrain vehicle sold  after  April
 first  of each year shall be issued a registration valid until the thir-
 ty-first day of August in the year  following  that  in  which  the  all
 terrain  vehicle  is  sold.  Any  all  terrain vehicle purchased for use
 exclusively outside of the state of New York shall not require registra-
 tion at the time of purchase, and the  purchaser  of  such  all  terrain
 vehicle  shall  sign  a declaration, provided by the dealer, which shall
 state that such purchaser understands the conditions under which an  all
 terrain vehicle must be registered and the penalty for violation of such
 registration  provisions.  Each signed declaration shall be forwarded by
 the dealer to the commissioner. The form of such  declaration  shall  be
 provided  by the commissioner to each dealer.  ANY PRIVATE SALE OR OTHER
 SUBSEQUENT TRANSFER OF AN ALL TERRAIN VEHICLE SHALL ALSO BE REPORTED  TO
 THE  DEPARTMENT IN ORDER FOR THE DEPARTMENT TO MAINTAIN A CURRENT OWNER-
 SHIP RECORD OF SUCH ALL TERRAIN VEHICLE.
   § 4. The vehicle and traffic law is amended by adding  a  new  section
 2292 to read as follows:
   § 2292. IDENTIFICATION OF ILLEGALLY OPERATED ALL TERRAIN VEHICLE.  THE
 IDENTIFICATION  OF  AN  ALL  TERRAIN  VEHICLE REGISTERED PURSUANT TO THE
 PROVISIONS OF THIS ARTICLE BY ITS REGISTRATION NUMBER AS AN ALL  TERRAIN
 VEHICLE  OPERATED ILLEGALLY ON A PUBLIC STREET, SIDEWALK OR OTHER PUBLIC
 PROPERTY SHALL NOT BE SUFFICIENT EVIDENCE TO ESTABLISH THAT  THE  REGIS-
 TERED  OWNER  OF SUCH ALL TERRAIN VEHICLE WAS OPERATING SUCH ALL TERRAIN
 VEHICLE. SUCH OWNER SHALL BE PROVIDED NOTICE THAT SUCH ALL TERRAIN VEHI-
 CLE WAS IDENTIFIED BEING OPERATED ILLEGALLY ON A PUBLIC STREET, SIDEWALK
 OR OTHER PUBLIC PROPERTY AND AN OPPORTUNITY FOR A HEARING  TO  ESTABLISH
 A. 11682                            3
 
 THAT  SUCH  ALL  TERRAIN VEHICLE HAD BEEN SOLD, STOLEN, MISIDENTIFIED OR
 USED WITHOUT SUCH OWNER'S AUTHORIZATION.
   §  5. Subdivision 1 of section 2283 of the vehicle and traffic law, as
 added by chapter 671 of the laws of 1985, is amended to read as follows:
   1. The registration number with indicia of registration assigned to an
 ATV shall be displayed on the vehicle at all times in such a  manner  as
 the commissioner may, by regulation, prescribe.  NO PERSON SHALL REMOVE,
 CONCEAL,  ALTER  OR  FRAUDULENTLY DISPLAY A REGISTRATION NUMBER, VEHICLE
 IDENTIFICATION NUMBER OR SERIAL NUMBER OF ANY ALL TERRAIN  VEHICLE.  LAW
 ENFORCEMENT SHALL BE AUTHORIZED TO IMPOUND ANY ALL TERRAIN VEHICLE OPER-
 ATED ON PUBLIC PROPERTY WITHOUT SUCH REGISTRATION NUMBER OR WITH ALTERED
 OR FRAUDULENT IDENTIFICATION.
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law. Effective immediately, the commissioner of
 motor vehicles is authorized to promulgate any rule or regulation neces-
 sary to implement the provisions of this act on or before such effective
 date.