| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 19, 2026 |
referred to transportation |
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Senate Bill S10543
2025-2026 Legislative Session
Enacts the "ATV, UTV, ROV safe riding protection act"
download bill text pdfSponsored By
(D, WF) 52nd Senate District
Current Bill Status - In Senate Committee Transportation Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2025-S10543 (ACTIVE) - Details
- Current Committee:
- Senate Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd §§2403 & 2410, add Art 48-D §§2500 - 2511, Art 48-E §§2600 - 2613, V & T L
2025-S10543 (ACTIVE) - Sponsor Memo
BILL NUMBER: S10543
SPONSOR: WEBB
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to enacting the
"ATV, UTV, ROV safe riding protection act"
PURPOSE:
This bill would amend sections 2406 and 2410 of the Vehicle and Traffic
law, regarding All-Terrain Vehicle (ATV) safety, to require that an
operator of an AN must be not less than 16 years of age, and must main-
tain a valid driver's license to operate a motor vehicle, and to further
limit the operation of such ATVs to speeds not in excess of 30 miles an
hour, unless operated upon a track dedicated for that purpose, and under
conditions authorized by the Commissioner of the Department of Motor
Vehicles.
This bill would however add a recognized exception to the 16 year old,
valid driver's license requirement, however, to provide that a person
fourteen years or older, and any person who does not maintain a valid
driver's license, may however, operate an AN, exclusively upon lands
owned or leased by such operator's parent or guardian, under the super- vision of such parent or guardian, or a person eighteen years of age or over designated by such parent or guardian to supervise such operation. It would further provide that "Leased Lands" would not include lands leased by an organization of which said operator or his or her parent or guardian is a member. This bill would further add a new Article 48-D to the Vehicle and Traf- fic Law, to mirror safe operation requirements of ATVs for the operation of a Utility Task Vehicle (UN) or Recreational Off Highway Vehicle (ROV) in New York State. SUMMARY OF PROVISIONS: This bill would amend sections 2406 and 2410 of the Vehicle and Traffic law, regarding All-Terrain Vehicle (AN) safety, to require that an oper- ator of an AN must be not less than 16 years of age, and maintain a valid driver's license to operate a motor vehicle, and to further limit the operation of such ATVs to speeds not in excess of 30 miles an hour, unless upon a track dedicated for that purpose, and under conditions authorized by the Commissioner (of DMV). Again, as aforementioned, this bill would further add a recognized exception to the 16 year old, valid driver's license requirement, to provide that a person fourteen years or older, and any person who does not maintain a valid driver's license, may however, operate an AN, exclusively upon lands owned or leased by such operator's parent or guardian, under the supervision of such parent or guardian, or a person eighteen years of age or over designated by such parent or guardian to supervise such operation. This bill would further add a new Article 48-D to the Vehicle and Traf- fic Law, to mirror safe operation requirements of ATVs for the operation of a Utility Task Vehicle (UN) or Recreational Off Highway Vehicle (ROV) in New York State. More specifically, this bill would add new sections 2500, 2501, 2502, 2503, 2504, 2505, 2506, 2507, 2508, 2509, 2510 and 2511 to the Vehicle and Traffic law, to provide for the jurisdiction of the department of motor vehicles with respect to the operation of UTVs and ROVs, to provide definitions with respect to the registration and regulation of UTVs and ROVs, to require registration and permitting of UTVs and ROVs, to require the display of registrations, records of registration and certificates of registration for UTVs and ROVs, to authorize the licens- ing by municipalities of UTVs and ROVs, to provide for the operation of UTVs and ROVs during special events, to provide for responsibility for operation of UTVs and ROVs by minors, to categorize violations of this article as a traffic infraction, to authorize the commissioner of the department of motor vehicles to make regulations in accordance with this article, and to provide for the disposition of fees under this article to the credit of the general fund. Additionally, this bill would further add a new Article 48-E to the Vehicle and Traffic Law, to mirror the rules of operation of ATVs for the operation of a Utility Task Vehicle (UN) or Recreational Off Highway Vehicle (ROV) in New York State. More specifically, this bill would add new sections 2600, 2601, 2602, 2603, 2604, 2605, 2606, 2607, 2608, 2609, 2610, 2611, 2612 and 2613 to the Vehicle and Traffic law, to provide for a legislative purpose of this article, to provide definitions with respect to the rules of opera- tion for UTVs and ROVs, to delineate where UTVs and ROVs would be permitted to be operated, to provide for operating rules for UTVs and ROVs, to designate which highways and public lands may be used by UTVs and ROVs, to designate the required equipment necessary to operate UTVs and ROVs, to require the coverage of liability insurance policies for the operation UTVs and ROVs, to provide for the operation of UTVs and ROVs during special events, to authorize the commissioner of the depart- ment of motor vehicles to establish a UTV/ROV safety course and safety certificate program, to provide for responsibility for operation of UTVs and ROVs by minors, to provide for liability for negligence while oper- ating a UN or ROV, to provide for the service of process on non-resi- dents, residents, administrators and executors, and to provide for the making and filing of accident reports concerning the operation of, and involving, UTVs and ROVs. JUSTIFICATION: All-Terrain Vehicles (ATVs), Utility Task Vehicles (UTVs) and Recre- ational Off Highway Vehicles (ROVs) have seen increased usage and popu- larity all across New York State. These open-air, off-road conveyances, however, although both useful and fun, inherently come with certain safety limitations. When properly utilized, regulated and supervised, these vehicles can bring great use and benefit to their owners and oper- ators. That is why in 1985 and then in 1999, the State Legislature enacted Articles 48-B and 48C of the Vehicle and Traffic Law, to provide sufficient protections and regulation for ATVs operating in New York. In the 40 years since the first enactment of these articles, however, the technology for off road vehicles has expanded beyond that of ATVs to now also include Utility Task Vehicles (UTVs) and Recreational Off High- way Vehicles (ROVs). These new vehicle types do not fall within the definitional guidelines of ATVs, but still have many of the same opera- tional concerns, that caused the Legislature to enact guidelines for ATVs. This bill would update the Vehicle and Traffic Law to accomplish two important changes that have become necessary with the advancements of technology. First, it would update the current ATV statute, to require that an operator of an ATV must be not less than 16 years of age, and maintain a valid driver's license to operate a motor vehicle, and to further limit the operation of such ATV to speeds not in excess of 30 miles an hour unless upon a track dedicated for that purpose, and second, it would add two new articles, 48-D and 48-E respectively, to mirror the ATV safety standards and requirements for UTVs and ROVs, with 21st century definitions and terms of usage. Without this change, the misuse of these vehicles could continue, presenting serious safety concerns for UTV and ROV operators and passengers, as well as pedestri- ans and other vehicles. Currently, the operation of these powerful vehi- cles is unregulated, due to outdated definitions, allowing for serious accidents and calamities. This bill would use proven, limited regu- lation to apply to these products so they may be used and enjoyed safely and effectively, as intended, in our state. Lastly, but perhaps most importantly, this bill would provide for the following specific safety enhancements for ATVs, UTVs and ROVs, and their operators and passengers: * Requires that no person may operate an ATV, UTV or ROV unless they are at least 16 years of age and maintain a valid driver's license; * Provides a long recognized exception to the 16 year old, valid driv- er's license requirement, to state that a person fourteen years or older, and any person who does not maintain a valid driver's license, may however, operate an AN, exclusively upon lands owned or leased by such operator's parent or guardian, under the supervision of such parent or guardian, or a person eighteen years of age or over designated by such parent or guardian to supervise such operation. * Requires that no person may operate an AN, UN or ROV at a speed in excess of 30 miles per hour, unless upon a dedicated track approved by the commissioner of the department of motor vehicles for that purpose; * Extends the same requirements that all operators and passengers of an AN must wear a helmet to UTVs and ROVs; * Extends the same limitations for the operation of ATVs on Public High- ways to UTVs and ROVs; * Extends the same vehicle registration and insurance requirements imposed by law upon ANs to UTVs and ROVs; * Extends the same vehicle safety and equipment requirements imposed by law upon ATVs to UTVs and ROVs; and * Extends the same nighttime limitations of operation imposed by law upon ANs to UTVs and ROVs. LEGISLATIVE HISTORY: This is a new bill, but its provisions seek to be consistent with the previous 1985 and 1999 statutes governing AN safety. FISCAL IMPACT: To be determined EFFECTIVE DATE: This act would take effect 180 days after it becomes law.
2025-S10543 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
10543
I N S E N A T E
May 19, 2026
___________
Introduced by Sen. WEBB -- 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 enacting the
"ATV, UTV, ROV safe riding protection act"
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 "ATV, UTV, ROV safe riding protection act".
§ 2. Section 2403 of the vehicle and traffic law is amended by adding
two new subdivisions 5 and 6 to read as follows:
5. MINIMUM AGE AND LICENSURE. NO PERSON SHALL OPERATE AN ATV UNLESS
THEY ARE OVER THE AGE OF SIXTEEN YEARS AND MAINTAIN A VALID DRIVER'S
LICENSE TO OPERATE A MOTOR VEHICLE IN ACCORDANCE WITH NEW YORK STATE
LAW.
6. SPEED OF OPERATION. NO PERSON SHALL OPERATE AN ATV AT A SPEED IN
EXCESS OF THIRTY MILES PER HOUR, UNLESS SUCH ATV IS BEING OPERATED UPON
A DEDICATED ATV TRACK OR THOROUGHFARE, IN ACCORDANCE WITH CORRESPONDING
GUIDELINES AND SAFETY EQUIPMENT APPROVED BY THE COMMISSIONER.
§ 3. Subdivisions 1, 2, 4 and 5 of section 2410 of the vehicle and
traffic law, as added by chapter 402 of the laws of 1986, subdivisions 1
and 2 as amended by chapter 539 of the laws of 2023, are amended to read
as follows:
1. Except as provided by subdivision two of this section, no person
under the age of sixteen years shall operate an ATV [except upon lands
owned or leased by his or her parent or guardian, unless he or she is
under general supervision of a person eighteen years of age or over.
"Leased lands" as herein used shall not include lands leased by an
organization of which said operator or his or her parent or guardian is
a member].
2. [A person fourteen years of age but less than sixteen years of age
who has received safety training as prescribed by the commissioner and
has received the appropriate ATV safety certificate issued by the
commissioner may operate an ATV in the same manner as a person who is
sixteen years of age or older.] NO PERSON SHALL OPERATE AN ATV UNLESS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15937-01-6
S. 10543 2
THEY ARE OVER THE AGE OF SIXTEEN YEARS AND MAINTAIN A VALID DRIVER'S
LICENSE TO OPERATE A MOTOR VEHICLE IN ACCORDANCE WITH NEW YORK STATE
LAW. A PERSON FOURTEEN YEARS OR OLDER, AND ANY PERSON WHO DOES NOT MAIN-
TAIN A VALID DRIVER'S LICENSE, MAY HOWEVER, OPERATE AN ATV, EXCLUSIVELY
UPON LANDS OWNED OR LEASED BY SUCH OPERATOR'S PARENT OR GUARDIAN, UNDER
THE SUPERVISION OF SUCH PARENT OR GUARDIAN, OR A PERSON EIGHTEEN YEARS
OF AGE OR OVER DESIGNATED BY SUCH PARENT OR GUARDIAN TO SUPERVISE SUCH
OPERATION. "LEASED LANDS" AS USED IN THIS SUBDIVISION SHALL NOT INCLUDE
LANDS LEASED BY AN ORGANIZATION OF WHICH SAID OPERATOR OR SUCH OPERA-
TOR'S PARENT OR GUARDIAN IS A MEMBER.
4. [No] EXCEPT AS PROVIDED BY SUBDIVISION TWO OF THIS SECTION, NO
parent or guardian shall authorize or knowingly permit [his] SUCH PARENT
OR GUARDIAN'S child or ward, if under sixteen years of age, OR WHO DOES
NOT MAINTAIN A VALID DRIVER'S LICENSE TO OPERATE A MOTOR VEHICLE, to
operate an ATV in violation of any provision of this article, any rules
or regulations promulgated thereunder, or the provisions of any local
law or ordinance.
5. [No] EXCEPT AS PROVIDED BY SUBDIVISION TWO OF THIS SECTION, NO
owner or other person in possession of any ATV shall authorize or know-
ingly permit any person under sixteen years of age, OR WHO DOES NOT
MAINTAIN A VALID DRIVER'S LICENSE TO OPERATE A MOTOR VEHICLE, to oper-
ate [such] an ATV in violation of any provision of this article, any
rules or regulations promulgated thereunder, or the provisions of any
local law or ordinance.
§ 4. The vehicle and traffic law is amended by adding a new article
48-D to read as follows:
ARTICLE 48-D
REGISTRATION OF UTILITY TASK VEHICLES
SECTION 2500. JURISDICTION OF DEPARTMENT.
2501. DEFINITIONS.
2502. REGISTRATION AND PERMIT.
2503. DISPLAY OF REGISTRATION.
2504. REGISTRATION RECORD.
2505. CERTIFICATE OF REGISTRATION.
2506. LICENSING BY MUNICIPALITIES.
2507. SPECIAL EVENTS.
2508. RESPONSIBILITY FOR OPERATION BY MINORS.
2509. VIOLATIONS.
2510. RULES AND REGULATIONS.
2511. DISPOSITION OF FEES.
§ 2500. JURISDICTION OF DEPARTMENT. 1. THE REGISTRATION OF UTILITY
TASK VEHICLES SHALL BE UNDER THE JURISDICTION OF THE DEPARTMENT.
2. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, ALL OF THE PROVISIONS OF
THIS CHAPTER SHALL APPLY TO UTILITY TASK VEHICLES.
§ 2501. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. (A) "UTILITY TASK VEHICLE" OR "UTV" SHALL MEAN:
(I) A SIDE-BY-SIDE, FOUR-WHEEL DRIVE, OFF-ROAD VEHICLE THAT IS RIDDEN
IN AND NOT ON, HAS FOUR WHEELS, THAT IS PROPELLED BY AN INTERNAL
COMBUSTION ENGINE WITH A PISTON DISPLACEMENT CAPACITY OF ONE THOUSAND
TWO HUNDRED CUBIC CENTIMETERS OR LESS, AND HAS A TOTAL DRY WEIGHT OF
FIVE HUNDRED BUT LESS THAN TWO THOUSAND SIX HUNDRED POUNDS, AND THAT MAY
OR MAY NOT CONTAIN A ROLL OVER PROTECTION SYSTEM AND/OR ROLL BAR
PROTECTION; OR
(II) A SIDE-BY-SIDE, FOUR WHEEL DRIVE, OFF-ROAD VEHICLE THAT IS RIDDEN
IN AND NOT ON, HAS FOUR WHEELS, THAT IS PROPELLED BY AN ELECTRIC ENGINE,
S. 10543 3
WHICH HAS THE EQUIVALENT POWER OF AN INTERNAL COMBUSTION ENGINE WITH A
PISTON DISPLACEMENT CAPACITY OF ONE THOUSAND TWO HUNDRED CUBIC CENTIME-
TERS OR LESS, AND HAS A TOTAL DRY WEIGHT OF FIVE HUNDRED BUT LESS THAN
TWO THOUSAND SIX HUNDRED POUNDS, AND THAT MAY OR MAY NOT CONTAIN A ROLL
OVER PROTECTION SYSTEM AND/OR ROLL BAR PROTECTION.
(B) PROVIDED, HOWEVER, THAT THE TERM "UTILITY TASK VEHICLE" OR "UTV"
SHALL NOT INCLUDE AN ALL TERRAIN VEHICLE, A GOLF CART, A MINI TRUCK, OR
A SNOWMOBILE, OR OTHER SELF-PROPELLED VEHICLES MANUFACTURED FOR OFF-
HIGHWAY USE EXCLUSIVELY 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.
(C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION, THE TERM "UTILITY TASK VEHICLE" OR "UTV" SHALL NOT INCLUDE
ANY VEHICLE USED FOR AGRICULTURAL PURPOSES OR FOR SNOWPLOWING, OTHER
THAN FOR HIRE, PROVIDED, HOWEVER, THAT ANY SUCH VEHICLE SHALL REGISTER
AS AN UTILITY TASK VEHICLE OR UTV PURSUANT TO THE PROVISIONS OF THIS
ARTICLE IF SUCH VEHICLE IS USED OR IS INTENDED TO BE USED FOR ANY
PURPOSE OTHER THAN AGRICULTURAL PURPOSES OR FOR SNOWPLOWING AND SHALL BE
REGULATED IN ACCORDANCE WITH PROVISIONS GOVERNING THE OPERATION OF UTIL-
ITY TASK VEHICLES OR UTVS WHILE IN SUCH USE.
2. "DEALER" MEANS ANY PERSON ENGAGED IN THE BUSINESS OF SELLING UTVS
AT WHOLESALE OR RETAIL.
§ 2502. REGISTRATION AND PERMIT. 1. EXCEPT AS PROVIDED IN THIS
SECTION, NO PERSON SHALL OPERATE ANY UTV WITHIN THE STATE UNLESS SUCH
UTV HAS BEEN REGISTERED AND NUMBERED IN ACCORDANCE WITH THE PROVISIONS
OF THIS ARTICLE, AND THE REGISTRATION NUMBER FOR SUCH UTV IS IN FULL
FORCE AND EFFECT AND DISPLAYED AS PROVIDED UNDER THIS ARTICLE AND REGU-
LATIONS PROMULGATED THEREUNDER.
2. THE COMMISSIONER IS AUTHORIZED TO REGISTER A UTV, ISSUE A REGISTRA-
TION CERTIFICATE AND ASSIGN A REGISTRATION NUMBER TO SUCH UTV. ALL SUCH
REGISTRATIONS SHALL BE VALID FOR A PERIOD PRESCRIBED BY THE COMMISSIONER
UNLESS, PRIOR TO EXPIRATION OF THE PERIOD PRESCRIBED BY THE COMMISSION-
ER, IT IS SURRENDERED, CANCELLED, REVOKED OR SUSPENDED PURSUANT TO THE
PROVISIONS OF THIS ARTICLE.
3. UNLESS OTHERWISE PRESCRIBED BY REGULATION OF THE COMMISSIONER, A
NUMBER ONCE ASSIGNED UNDER THIS SECTION SHALL REMAIN WITH THE REGISTERED
UTV UNTIL THE UTV IS DESTROYED, ABANDONED OR PERMANENTLY REMOVED FROM
THE STATE, OR UNTIL CHANGED OR TERMINATED BY THE COMMISSIONER.
4. FEES FOR REGISTRATION OF UTVS TO BE COLLECTED BY THE COMMISSIONER
UNDER THIS ARTICLE ARE AS FOLLOWS:
(A) AN ANNUAL FEE OF TWELVE DOLLARS AND FIFTY CENTS FOR EACH INDIVID-
UAL RESIDENT REGISTRATION.
(B) AN ANNUAL FEE OF TWELVE DOLLARS AND FIFTY CENTS FOR EACH INDIVID-
UAL NONRESIDENT REGISTRATION.
(C) AN ANNUAL FEE OF TWENTY-FIVE DOLLARS FOR EACH DEALER REGISTRATION.
(D) AN ANNUAL FEE OF FIVE DOLLARS FOR EACH ADDITIONAL DEALER DEMON-
STRATOR REGISTRATION NUMBER.
(E) A FEE OF THREE DOLLARS FOR REPLACEMENT OF A LOST, MUTILATED OR
DESTROYED CERTIFICATE.
(F) PROVIDED, HOWEVER, THAT THE PROVISIONS OF PARAGRAPHS (C) AND (D)
OF THIS SUBDIVISION WITH RESPECT TO THE PAYMENT OF DEALER REGISTRATION
FEES SHALL NOT APPLY TO DEALERS REGISTERED PURSUANT TO SECTION FOUR
HUNDRED FIFTEEN OF THIS CHAPTER.
(G) ANNUAL FEES SHALL NOT BE PRORATED, AND SUCH FEES SHALL BE APPLICA-
BLE TO A YEAR OR ANY PORTION OF A YEAR.
S. 10543 4
(H) NOTWITHSTANDING ANY INCONSISTENT 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 TWENTY-FIVE 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, ESTABLISHED PURSUANT TO SECTION EIGHTY-
NINE-B OF THE STATE FINANCE LAW.
5. THE OWNER OF EACH UTV REQUIRING REGISTRATION UNDER THIS SECTION
SHALL PRESENT AN APPLICATION FOR REGISTRATION TO THE COMMISSIONER, ON A
DOCUMENT TO BE PREPARED AND FURNISHED BY THE COMMISSIONER FOR THAT
PURPOSE. SUCH APPLICATION SHALL CONTAIN OR BE ACCOMPANIED BY SUCH
EVIDENCE OF THE OWNERSHIP OF THE UTV DESCRIBED IN THE APPLICATION AS MAY
BE REQUIRED BY THE COMMISSIONER.
6. (A) ANY PERSON WHO IS A DEALER, AND WHO IS NOT REGISTERED AS A
DEALER PURSUANT TO SECTION FOUR HUNDRED FIFTEEN OF THIS CHAPTER, SHALL
REGISTER AS A UTV DEALER AND OPERATE IN ACCORDANCE WITH THE RULES AND
REGULATIONS OF THE COMMISSIONER FOR UTV DEALERS.
(B) THE COMMISSIONER, UPON RECEIPT OF AN APPLICATION AND THE REQUIRED
FEE, SHALL ASSIGN A DISTINCTIVE DEALER REGISTRATION NUMBER TO THE REGIS-
TRANT AND ISSUE AN APPROPRIATE REGISTRATION CERTIFICATE TO SUCH PERSON
AND ASSIGN TWO DEALER DEMONSTRATOR REGISTRATION NUMBERS AND UPON THE
PAYMENT OF THE APPROPRIATE FEE, SUCH ADDITIONAL NUMBERS AS SHALL BE
REQUESTED. DEALER REGISTRATIONS AND DEALER DEMONSTRATOR REGISTRATION
NUMBERS SHALL NOT BE TRANSFERABLE. PROVIDED, HOWEVER, THE COMMISSIONER
MAY LIMIT THE NUMBER OF DEALER DEMONSTRATOR REGISTRATION NUMBERS ISSUED
TO A DEALER.
(C) NO DEALER SHALL SELL OR OFFER FOR RETAIL SALE ANY UTV, OTHER THAN
A UTV IDENTIFIED AND SOLD FOR USE ONLY IN OFF-HIGHWAY COMPETITIONS,
WHICH IS NOT EQUIPPED WITH ALL EQUIPMENT NECESSARY FOR THE REGISTRATION
OF A UTV.
7. (A) EVERY UTILITY VEHICLE SOLD BY A DEALER SHALL BE REGISTERED AT
THE TIME OF SALE 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 UTILITY TASK VEHICLE SOLD AFTER APRIL FIRST
OF EACH YEAR SHALL BE ISSUED A REGISTRATION VALID UNTIL THE THIRTY-FIRST
DAY OF AUGUST IN THE YEAR FOLLOWING THAT IN WHICH THE UTILITY TASK VEHI-
CLE IS SOLD.
(B) ANY UTILITY TASK VEHICLE PURCHASED FOR USE EXCLUSIVELY OUTSIDE OF
THE STATE OF NEW YORK SHALL NOT REQUIRE REGISTRATION AT THE TIME OF
PURCHASE, AND THE PURCHASER OF SUCH UTILITY TASK VEHICLE SHALL SIGN A
DECLARATION, PROVIDED BY THE DEALER, WHICH SHALL STATE THAT SUCH
PURCHASER UNDERSTANDS THE CONDITIONS UNDER WHICH AN UTILITY TASK 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.
8. EVERY OWNER OF A UTV AND DEALER SHALL RENEW THEIR REGISTRATION IN
SUCH MANNER AS THE COMMISSIONER SHALL PRESCRIBE, ON PAYMENT OF THE SAME
REGISTRATION FEES AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
9. (A) AT THE TIME OF THE ORIGINAL REGISTRATION AND AT THE TIME OF
EACH RENEWAL THEREOF, THE COMMISSIONER SHALL ALSO ISSUE VALIDATING FORMS
IN A MANNER SUCH COMMISSIONER HAS PRESCRIBED INDICATING THE VALIDITY OF
THE CURRENT REGISTRATION AND THE EXPIRATION DATE THEREOF, WHICH INDICIA
OF REGISTRATION SHALL BE AFFIXED TO THE VEHICLE IN SUCH MANNER AS THE
COMMISSIONER MAY PRESCRIBE.
S. 10543 5
(B) NO UTV SHALL BE CONSIDERED AS VALIDLY REGISTERED WITHIN THE MEAN-
ING OF THIS SECTION UNLESS A CURRENT REGISTRATION CERTIFICATE, REGISTRA-
TION NUMBER AND CURRENT INDICIA OF REGISTRATION HAVE BEEN ISSUED.
10. NO UTV SHALL BE REGISTERED, NOR SHALL SUCH A REGISTRATION BE
RENEWED, UNLESS THE UTV IS EQUIPPED WITH BRAKES, MUFFLER, SPARK ARRESTER
AND TIRES AS PRESCRIBED IN SUBDIVISION ONE OF SECTION TWENTY-SIX HUNDRED
SIX OF THIS TITLE.
11. A REGISTRATION NUMBER SHALL BE ASSIGNED, WITHOUT PAYMENT OF A FEE,
FOR UTVS OWNED BY GOVERNMENTAL AGENCIES, OR BY VOLUNTEER ORGANIZATIONS
IF USED EXCLUSIVELY FOR EMERGENCY PURPOSES, PROVIDED THAT EACH SUCH UTV
SHALL DISPLAY THE PROPER REGISTRATION NUMBER ASSIGNED TO IT.
12. NO REGISTRATIONS SHALL BE REQUIRED FOR THE FOLLOWING DESCRIBED
UTVS:
A. UTVS OWNED AND USED BY THE UNITED STATES, ANOTHER STATE, OR A POLI-
TICAL SUBDIVISION THEREOF, BUT SUCH UTV SHALL DISPLAY THE NAME OF THE
OWNER ON THE VEHICLE THEREOF.
B. UTVS COVERED BY A VALID REGISTRATION OR LICENSE OF ANOTHER STATE,
PROVINCE OR COUNTRY, AS PROVIDED IN SUBDIVISION THIRTEEN OF THIS
SECTION.
13. (A) THE REGISTRATION PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO
NON-RESIDENT OWNERS WHO HAVE REGISTERED THEIR UTVS IN COMPLIANCE WITH
THE REGISTRATION AND LICENSING LAWS OF THE STATE, PROVINCE, DISTRICT OR
COUNTRY OF RESIDENCE, PROVIDED THAT THE UTV IS APPROPRIATELY IDENTIFIED
IN ACCORDANCE WITH THE LAWS OF THE STATE OF RESIDENCE.
(B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A RESIDENT
OF ANOTHER STATE, PROVINCE, DISTRICT OR COUNTRY WHICH DOES NOT HAVE A
UTV REGISTRATION AND IDENTIFICATION LAW.
(C) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO AUTHORIZE THE
OPERATION OF ANY UTV CONTRARY TO THE PROVISIONS OF THIS ARTICLE.
§ 2503. DISPLAY OF REGISTRATION. 1. THE REGISTRATION NUMBER WITH INDI-
CIA OF REGISTRATION ASSIGNED TO A UTV SHALL BE DISPLAYED ON THE VEHICLE
AT ALL TIMES IN SUCH A MANNER AS THE COMMISSIONER MAY, BY REGULATION,
PRESCRIBE.
2. DEALER DEMONSTRATOR REGISTRATION NUMBERS SHALL CONFORM TO THE
REQUIREMENTS AS SET FORTH IN SUBDIVISION ONE OF THIS SECTION WITH THE
EXCEPTION THAT, UNLESS OTHERWISE PRESCRIBED BY REGULATION OF THE COMMIS-
SIONER, THE NUMBERS ASSIGNED MAY BE PRINTED UPON OR ATTACHED TO A REMOV-
ABLE PLAQUE OR PLAQUES TO BE TEMPORARILY BUT FIRMLY AFFIXED TO THE UTV
BEING DEMONSTRATED OR TESTED.
3. NUMBERS ISSUED TO DEALERS AND MANUFACTURERS FOR THE PURPOSE OF
DEMONSTRATION OR TESTING SHALL BE USED EXCLUSIVELY FOR THESE PURPOSES
AND NO OTHER USE IS PERMITTED.
§ 2504. REGISTRATION RECORD. UPON RECEIPT OF SUFFICIENT APPLICATION
FOR REGISTRATION OF A UTV, AS PROVIDED IN THIS ARTICLE, THE COMMISSIONER
SHALL ENTER UPON THE RECORDS OF THE DEPARTMENT THE REGISTRATION OF SUCH
VEHICLE UNDER THE DISTINCTIVE NUMBER ASSIGNED TO SUCH UTV AS PROVIDED IN
THIS ARTICLE.
§ 2505. CERTIFICATE OF REGISTRATION. 1. CERTIFICATE. UPON THE FILING
OF THE APPLICATION AND PAYMENT OF THE FEE AS PROVIDED IN THIS ARTICLE,
THE COMMISSIONER SHALL ASSIGN TO SUCH UTV A DISTINCTIVE NUMBER, AND,
WITHOUT FURTHER EXPENSE TO THE APPLICANT, ISSUE A CERTIFICATE OF REGIS-
TRATION, IN SUCH MANNER AND FORM AS THE COMMISSIONER SHALL PRESCRIBE. IN
THE EVENT OF THE LOSS, MUTILATION OR DESTRUCTION OF ANY CERTIFICATE OF
REGISTRATION, THE OWNER OF THE REGISTERED UTV MAY FILE SUCH STATEMENT
AND PROOF OF THE FACTS AS THE COMMISSIONER SHALL REQUIRE WITH A FEE OF
S. 10543 6
THREE DOLLARS, WITH THE DEPARTMENT, FOR THE ISSUANCE OF A DUPLICATE OR
SUBSTITUTE.
2. CARRYING CERTIFICATE. EVERY PERSON OPERATING A UTV REGISTERED IN
ACCORDANCE WITH ANY OF THE PROVISIONS OF THIS ARTICLE SHALL, UPON DEMAND
OF ANY MAGISTRATE, POLICE OFFICER OR PEACE OFFICER, WHEN ACTING PURSUANT
TO THEIR SPECIAL DUTIES, PRODUCE FOR INSPECTION THE CERTIFICATE OF
REGISTRATION FOR SUCH UTV AND SHALL FURNISH TO SUCH PERSON ANY INFORMA-
TION NECESSARY FOR THE IDENTIFICATION OF SUCH UTV AND ITS OWNER. THE
FAILURE TO PRODUCE THE CERTIFICATE OF REGISTRATION SHALL NOT BE AN
OFFENSE, BUT SHALL BE PRESUMPTIVE EVIDENCE OF OPERATING A UTV WHICH IS
NOT REGISTERED AS REQUIRED BY THIS ARTICLE.
3. CHANGE OF RESIDENCE. IT SHALL BE THE DUTY OF EVERY OWNER HOLDING A
CERTIFICATE OF REGISTRATION TO NOTIFY THE DEPARTMENT, IN WRITING, OF ANY
CHANGE OF RESIDENCE OF SUCH OWNER WITHIN TEN DAYS AFTER SUCH CHANGE
OCCURS, AND TO INSCRIBE ON SUCH CERTIFICATE, IN THE PLACE PROVIDED A
RECORD OF SUCH CHANGE OF RESIDENCE.
4. CHANGE OF OWNERSHIP. (A) WHENEVER A UTV IS TRANSFERRED, THE CERTIF-
ICATE OF REGISTRATION SHALL BE PROPERLY SIGNED AND EXECUTED BY THE OWNER
SHOWING THAT THE OWNERSHIP OF THE UTV HAS BEEN TRANSFERRED AND SUCH
CERTIFICATE SHALL BE GIVEN TO THE NEW OWNER.
(B) IN THE CASE OF TRANSFER, EXCEPT A TRANSFER TO A REGISTERED DEALER,
THE NEW OWNER SHALL APPLY FOR A NEW CERTIFICATE BY COMPLETING AN APPLI-
CATION FOR REGISTRATION. SUCH APPLICATION SHALL BE SUBMITTED TO THE
DEPARTMENT TOGETHER WITH THE OLD CERTIFICATE OF REGISTRATION, PROPERLY
SIGNED BY THE PREVIOUS OWNER, AND THE REQUIRED FEE OF TEN DOLLARS.
(C) THE OLD CERTIFICATE OF REGISTRATION, PROPERLY SIGNED BY THE PREVI-
OUS OWNER OR OTHER INDICIA AS PRESCRIBED BY REGULATION OF THE COMMIS-
SIONER, SHALL CONSTITUTE A TEMPORARY REGISTRATION FOR SUCH NEW OWNER FOR
A PERIOD DETERMINED BY THE COMMISSIONER FROM THE DATE SUCH UTV WAS
TRANSFERRED TO THE NEW OWNER.
(D) IN THE EVENT THAT SUCH UTV WAS PURCHASED FROM A REGISTERED DEALER,
THE APPLICATION SHALL BE ACCOMPANIED BY THE OLD CERTIFICATE OF REGISTRA-
TION TRANSFERRED TO THE DEALER, THE REQUIRED FEE, AND ANY OTHER FORMS OR
DOCUMENTS COMPLETED AND SUBMITTED AS PRESCRIBED BY THE COMMISSIONER.
5. DESTRUCTION, THEFT OR REMOVAL FROM STATE. IT SHALL BE THE DUTY OF
EVERY OWNER OF A UTV REGISTERED PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE TO NOTIFY THE DEPARTMENT, IN WRITING, OF THE DESTRUCTION, THEFT OR
PERMANENT REMOVAL OF SUCH UTV FROM THE STATE, WITHIN FIFTEEN DAYS OF
ACQUIRING KNOWLEDGE THEREOF. IN THE EVENT OF DESTRUCTION OR THEFT, THE
CERTIFICATE OR REGISTRATION SHALL BE SURRENDERED WITH SUCH NOTICE.
§ 2506. LICENSING BY MUNICIPALITIES. NO MUNICIPALITY SHALL REQUIRE
LICENSING OR REGISTRATION OF UTVS WHICH ARE COVERED BY THE PROVISIONS OF
THIS ARTICLE. NOTHING IN THIS SECTION SHALL PROHIBIT THE REQUIREMENT OF
A PERMIT BY THE AGENCY OR MUNICIPALITY HAVING JURISDICTION OVER ANY
STATE OR LOCAL PARK OR ANY OTHER PUBLIC LANDS FOR USE OF UTVS ON SUCH
PUBLIC LANDS. A MUNICIPALITY MAY CHARGE A FEE FOR USE OF UTVS ON SUCH
PUBLIC LANDS.
§ 2507. SPECIAL EVENTS. UTVS OPERATED AT SPECIAL EVENTS PURSUANT TO
SECTION TWENTY-SIX HUNDRED EIGHT OF THIS TITLE MAY BE EXEMPTED FROM THE
PROVISIONS OF THIS ARTICLE CONCERNING REGISTRATION.
§ 2508. RESPONSIBILITY FOR OPERATION BY MINORS. NO OWNER OR OTHER
PERSON IN POSSESSION OF ANY UTV SHALL AUTHORIZE OR KNOWINGLY PERMIT ANY
PERSON UNDER SIXTEEN YEARS OF AGE TO OPERATE SUCH UTV IN VIOLATION OF
ANY PROVISION OF THIS ARTICLE.
S. 10543 7
§ 2509. VIOLATIONS. ANY PERSON WHO VIOLATES ANY PROVISION OF THIS
ARTICLE OR REGULATION ADOPTED PURSUANT THERETO SHALL BE GUILTY OF A
TRAFFIC INFRACTION.
§ 2510. RULES AND REGULATIONS. THE COMMISSIONER SHALL MAKE SUCH RULES
AND REGULATIONS AS THEY MAY DEEM NECESSARY TO CARRY OUT THE PROVISIONS
OF THIS ARTICLE.
§ 2511. DISPOSITION OF FEES. THE COMMISSIONER SHALL DEPOSIT ALL MONIES
RECEIVED FROM THE REGISTRATION OF UTVS AND ALL FEES OTHERWISE COLLECTED
UNDER THIS ARTICLE TO THE CREDIT OF THE GENERAL FUND.
§ 5. The vehicle and traffic law is amended by adding a new article
48-E to read as follows:
ARTICLE 48-E
RULES FOR OPERATION OF UTILITY TASK VEHICLES
SECTION 2600. LEGISLATIVE PURPOSE.
2601. DEFINITIONS.
2602. RULES AND REGULATIONS.
2603. OPERATION OF UTVS; WHERE PERMITTED.
2604. OPERATING RULES.
2605. DESIGNATION OF HIGHWAYS AND PUBLIC LANDS FOR TRAVEL BY
UTVS.
2606. EQUIPMENT.
2607. LIABILITY INSURANCE.
2608. SPECIAL EVENTS.
2609. UTV SAFETY COURSE AND SAFETY CERTIFICATE.
2610. OPERATION BY MINORS.
2611. LIABILITY FOR NEGLIGENCE.
2612. SERVICE ON NONRESIDENTS AND CERTAIN RESIDENTS, ADMINISTRA-
TORS OR EXECUTORS.
2613. ACCIDENTS; REPORTS.
§ 2600. LEGISLATIVE PURPOSE. IT IS THE PURPOSE OF THIS ARTICLE TO
PROMOTE THE SAFE AND PROPER USE OF UTVS FOR RECREATION AND COMMERCE IN
THIS STATE, TO ENSURE THE SAFETY AND WELL-BEING OF ALL PERSONS CONCERN-
ING THE USE OF UTVS, TO MINIMIZE DETRIMENTAL EFFECTS OF SUCH USE UPON
THE ENVIRONMENT, AND TO PROVIDE A METHOD WHEREBY MUNICIPALITIES SHALL
CONSIDER THE DESIGNATION OF APPROPRIATE PUBLIC LANDS FOR UTV USE AND
REGULATION THEREOF.
§ 2601. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT REQUIRES OTHER-
WISE:
1. "GOVERNMENTAL AGENCY" MEANS ANY AGENCY OF THE STATE OF NEW YORK AND
ALL MUNICIPALITIES WITHIN THE STATE.
2. "UTILITY TASK VEHICLE" OR "UTV" MEANS A UTILITY TASK VEHICLE OR UTV
AS DEFINED IN SECTION TWENTY-FIVE HUNDRED ONE OF THIS TITLE.
3. (A) "OWNER" MEANS ANY PERSON HAVING A TITLE TO A UTV.
(B) IF A UTV IS SOLD UNDER A CONTRACT OF CONDITIONAL SALE WHEREBY THE
TITLE REMAINS IN THE POSSESSION OF THE VENDOR, SUCH VENDOR OR THEIR
ASSIGNEE SHALL NOT, AFTER DELIVERY OF SUCH UTV, BE DEEMED AN OWNER WITH-
IN THE PROVISIONS OF THIS SECTION, BUT THE VENDEE OR THEIR ASSIGNEE,
UPON RECEIPT OF POSSESSION THEREOF, SHALL BE DEEMED SUCH OWNER NOTWITH-
STANDING THE TERMS OF SUCH CONTRACT, UNTIL THE VENDOR OR THEIR ASSIGNEE
SHALL RETAKE POSSESSION.
(C) A PERSON HOLDING ONLY A SECURITY INTEREST IN A UTV SHALL NOT BE
DEEMED AN OWNER UNLESS SUCH PERSON ALSO HAS POSSESSION OF SUCH UTV.
4. "OPERATE" MEANS TO RIDE IN OR ON, OTHER THAN AS A PASSENGER, OR USE
OR CONTROL THE OPERATION OF A UTV IN ANY MANNER, WHETHER OR NOT SAID UTV
IS UNDER WAY.
S. 10543 8
5. "OPERATOR" MEANS EVERY PERSON WHO OPERATES OR IS IN ACTUAL PHYSICAL
CONTROL OF A UTV.
6. "SPECIAL EVENT" SHALL MEAN AN ORGANIZED RALLY, RACE, EXHIBITION OR
DEMONSTRATION OF LIMITED DURATION WHICH IS CONDUCTED ACCORDING TO A
PREARRANGED SCHEDULE AND IN WHICH GENERAL PUBLIC INTEREST IS MANIFESTED.
7. "AUTHORIZED EMERGENCY UTV" SHALL MEAN A UTV DESIGNATED AS SUCH IN
WRITING BY THE CHIEF EXECUTIVE OFFICER OF ANY DULY ORGANIZED VOLUNTEER
AMBULANCE COMPANY, FIRE DEPARTMENT, OR PAID FIRE DEPARTMENT, OPERATED BY
A MEMBER THEREOF AND EQUIPPED WITH EMERGENCY LIGHTS AS PROVIDED IN
SECTION TWENTY-SIX HUNDRED SIX OF THIS ARTICLE.
8. "AUTHORIZED POLICE UTV" SHALL MEAN A UTV OPERATED BY A POLICE OR
OTHER PEACE OFFICER WHILE ENGAGED IN THE PERFORMANCE OF THEIR OFFICIAL
DUTIES WITHIN THE AREA OF THEIR TERRITORIAL JURISDICTION.
9. "AUTHORIZED CIVIL DEFENSE UTV" SHALL MEAN A UTV DESIGNATED AS SUCH
IN WRITING BY THE CHIEF EXECUTIVE OFFICER OF A MUNICIPALITY AND OPERATED
BY A MEMBER OF A CIVIL DEFENSE ORGANIZATION OF THE MUNICIPALITY AND
EQUIPPED WITH EMERGENCY LIGHTS AS PROVIDED IN SECTION TWENTY-SIX HUNDRED
SIX OF THIS ARTICLE.
10. "OPERATION AS EMERGENCY VEHICLE" SHALL MEAN THE OPERATION OR PARK-
ING OF AN AUTHORIZED EMERGENCY UTV, POLICE OR CIVIL DEFENSE UTV, INCLUD-
ING ATTENDANT EQUIPMENT, DISPLAYING EMERGENCY LIGHTS AS PROVIDED IN
SECTION TWENTY-SIX HUNDRED SIX OF THIS ARTICLE AND WHICH UTV IS ENGAGED
IN TRANSPORTING A SICK OR INJURED PERSON TO THE NEAREST MEDICAL FACILITY
OR APPROPRIATE SITE FOR TRANSFER TO AN AMBULANCE AS DEFINED IN ARTICLE
THIRTY OF THE PUBLIC HEALTH LAW, TRANSPORTING EMERGENCY MEDICAL
SERVICES, PERSONNEL AND EQUIPMENT TO SICK OR INJURED PERSONS, PURSUING
AN ACTUAL OR SUSPECTED VIOLATOR OF THE LAW OR RESPONDING TO, OR WORKING
OR ASSISTING AT THE SCENE OF AN ACCIDENT, DISASTER, POLICE CALL, ALARM
OR OTHER EMERGENCY BUT SHALL NOT INCLUDE RETURNING FROM SUCH SERVICE.
§ 2602. RULES AND REGULATIONS. 1. WITH A VIEW OF ACHIEVING ENJOYABLE
AND PROPER USE OF UTVS AND MINIMIZING THE DETRIMENTAL EFFECT THEREOF
UPON THE ENVIRONMENT, RULES AND REGULATIONS RELATING TO, BUT NOT LIMITED
TO, THE FOLLOWING MAY BE ADOPTED AND PROMULGATED AS HEREIN PROVIDED.
2. THE COMMISSIONER MAY ADOPT RULES AND REGULATIONS:
(A) FOR CONDUCTING SPECIAL EVENTS AS PROVIDED IN SECTION TWENTY-SIX
HUNDRED EIGHT OF THIS ARTICLE;
(B) FOR THE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF
SECTION TWENTY-SIX HUNDRED SEVEN OF THIS ARTICLE RELATING TO LIABILITY
INSURANCE;
(C) ESTABLISHING A COMPREHENSIVE UTV INFORMATION AND SAFETY EDUCATION
AND TRAINING PROGRAM OR PROGRAMS INCLUDING PROVISION FOR ISSUANCE OF UTV
SAFETY CERTIFICATES FOR OPERATION OF UTVS BY YOUTHFUL OPERATORS;
(D) WITH RESPECT TO UNIFORM SIGNS OR MARKERS TO BE USED BY GOVERN-
MENTAL AGENCIES WHICH ARE NECESSARY OR DESIRABLE TO CONTROL, DIRECT OR
REGULATE THE OPERATION AND USE OF UTVS. SUCH SIGNS AS MAY BE DESIGNATED
FOR USE ON HIGHWAYS SHALL ALSO BE APPROVED BY THE COMMISSIONER OF TRANS-
PORTATION; AND
(E) WITH RESPECT TO SUCH OTHER MATTERS AS MAY BE NECESSARY OR DESIRA-
BLE TO PROVIDE FOR THE EFFECTIVE ADMINISTRATION AND ENFORCEMENT OF THE
PROVISIONS OF THIS ARTICLE.
3. ANY STATE AGENCY MAY ADOPT RULES AND REGULATIONS NOT INCONSISTENT
WITH THE PROVISIONS OF THIS CHAPTER IN A MANNER APPROPRIATE TO SUCH
AGENCY TO PERMIT OR REGULATE THE USE OF UTVS ON SPECIFICALLY DESIGNATED
LAND, INCLUDING HIGHWAYS, UNDER ITS JURISDICTION.
§ 2603. OPERATION OF UTVS; WHERE PERMITTED. 1. HIGHWAYS. NO PERSON
SHALL OPERATE A UTV ON A HIGHWAY EXCEPT AS PROVIDED IN THIS SECTION.
S. 10543 9
(A) A UTV MAY MAKE A DIRECT CROSSING ON A HIGHWAY OTHER THAN AN INTER-
STATE HIGHWAY OR A CONTROLLED ACCESS HIGHWAY, PROVIDED:
(I) THE CROSSING IS MADE AT AN ANGLE OF APPROXIMATELY NINETY DEGREES
TO THE DIRECTION OF THE HIGHWAY AND AT A PLACE WHERE NO OBSTRUCTION
PREVENTS A QUICK AND SAFE CROSSING;
(II) THE VEHICLE IS BROUGHT TO A COMPLETE STOP BEFORE CROSSING THE
SHOULDER OR MAIN TRAVELED WAY OF THE HIGHWAY;
(III) THE DRIVER YIELDS THE RIGHT-OF-WAY TO ALL ONCOMING TRAFFIC THAT
CONSTITUTES AN IMMEDIATE HAZARD;
(IV) IN CROSSING A DIVIDED HIGHWAY, THE CROSSING IS MADE ONLY AT AN
INTERSECTION OF THE HIGHWAY WITH ANOTHER PUBLIC STREET OR HIGHWAY; AND
(V) IF THE CROSSING IS MADE BETWEEN THE HOURS OF ONE-HALF HOUR AFTER
SUNSET TO ONE-HALF HOUR BEFORE SUNRISE OR IN CONDITIONS OF REDUCED VISI-
BILITY, ONLY IF BOTH FRONT AND REAR LIGHTS ARE LIT.
(B) A UTV MAY BE OPERATED ON ANY HIGHWAY WHICH HAS BEEN DESIGNATED AND
POSTED AS OPEN FOR TRAVEL BY UTVS IN ACCORDANCE WITH THE PROVISIONS OF
SECTION TWENTY-SIX HUNDRED FIVE OF THIS ARTICLE.
2. PUBLIC LANDS OTHER THAN HIGHWAYS. NO PERSON SHALL OPERATE A UTV ON
ANY PUBLIC LANDS, WATERS AND PROPERTY OTHER THAN A HIGHWAY, EXCEPT THAT
A UTV MAY BE OPERATED ON ANY SUCH LANDS WHICH HAVE BEEN DESIGNATED AND
POSTED FOR TRAVEL BY UTVS IN ACCORDANCE WITH THE PROVISIONS OF SECTION
TWENTY-SIX HUNDRED FIVE OF THIS ARTICLE.
3. PRIVATE PROPERTY. NO PERSON SHALL OPERATE A UTV ON THE PRIVATE
PROPERTY OF ANOTHER WITHOUT THE CONSENT OF THE OWNER OR LESSEE THEREOF.
4. REAL PROPERTY OF A FARM OPERATION. (A) NO PERSON SHALL OPERATE A
UTV ON THE REAL PROPERTY OF A FARM OPERATION, AS DEFINED IN SUBDIVISION
ELEVEN OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW,
WITHOUT THE CONSENT OF THE OWNER OR LESSEE THEREOF, WHERE SUCH OWNER OR
LESSEE HAS ERECTED OR MAINTAINED ANY SIGN, STRUCTURE, DISPLAY, OR DEVICE
PROHIBITING THE TRESPASS THEREON, AND WHICH SHALL INCLUDE A SIGN STAT-
ING: "NO TRESPASSING".
(B) A VIOLATION OF THIS SUBDIVISION SHALL BE A TRAFFIC INFRACTION, AND
SHALL, UPON A CONVICTION OF A FIRST VIOLATION BE PUNISHABLE BY A FINE OF
NOT MORE THAN TWO HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT FOR NOT MORE
THAN FIFTEEN DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT; UPON A
CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A
PERIOD OF EIGHTEEN MONTHS, SHALL BE PUNISHABLE BY A FINE OF NOT MORE
THAN FOUR HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-
FIVE DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT; UPON A CONVICTION OF A
THIRD OR SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMITTED WITHIN A
PERIOD OF EIGHTEEN MONTHS, SHALL BE PUNISHABLE BY A FINE OF NOT MORE
THAN FIVE HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN
NINETY DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
5. EMERGENCY VEHICLE. THE PROVISIONS OF SUBDIVISIONS ONE, TWO AND
THREE OF THIS SECTION SHALL NOT APPLY TO OPERATION AS AN EMERGENCY VEHI-
CLE BY ANY AUTHORIZED EMERGENCY, POLICE OR CIVIL DEFENSE UTILITY TASK
VEHICLE.
6. MINIMUM AGE AND LICENSURE. NO PERSON SHALL OPERATE AN UTV UNLESS
THEY ARE OVER THE AGE OF SIXTEEN YEARS, AND MAINTAIN A VALID DRIVER'S
LICENSE TO OPERATE A MOTOR VEHICLE IN ACCORDANCE WITH NEW YORK STATE
LAW. A PERSON FOURTEEN YEARS OR OLDER, AND ANY PERSON WHO DOES NOT MAIN-
TAIN A VALID DRIVER'S LICENSE, MAY HOWEVER, OPERATE AN UTV, EXCLUSIVELY
UPON LANDS OWNED OR LEASED BY SUCH OPERATOR'S PARENT OR GUARDIAN, UNDER
THE SUPERVISION OF SUCH PARENT OR GUARDIAN, OR A PERSON EIGHTEEN YEARS
OF AGE OR OVER DESIGNATED BY SUCH PARENT OR GUARDIAN TO SUPERVISE SUCH
OPERATION. "LEASED LANDS" AS USED IN THIS SUBDIVISION SHALL NOT INCLUDE
S. 10543 10
LANDS LEASED BY AN ORGANIZATION OF WHICH SAID OPERATOR OR SUCH OPERA-
TOR'S PARENT OR GUARDIAN IS A MEMBER.
7. SPEED OF OPERATION. NO PERSON SHALL OPERATE AN UTV AT A SPEED IN
EXCESS OF THIRTY MILES PER HOUR, UNLESS SUCH UTV IS BEING OPERATED UPON
A DEDICATED UTV TRACK OR THOROUGHFARE, IN ACCORDANCE WITH CORRESPONDING
GUIDELINES AND SAFETY EQUIPMENT APPROVED BY THE COMMISSIONER.
§ 2604. OPERATING RULES. 1. NO PERSON SHALL OPERATE A UTV:
(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, AND IN ACCORDANCE WITH SUBDIVISIONS SIX AND SEVEN OF
SECTION TWENTY-SIX HUNDRED THREE OF THIS ARTICLE;
(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 ON THE TRACKS OR RIGHT-OF-WAY OF AN OPERATING RAILROAD;
(C) IN ANY TREE NURSERY OR PLANTING IN A MANNER THAT DAMAGES OR
DESTROYS GROWING STOCK, OR CREATES A SUBSTANTIAL RISK THERETO;
(D) 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;
(E) ON THE FROZEN SURFACE OF PUBLIC WATERS: WITHIN ONE HUNDRED FEET OF
ANY PERSON OTHER THAN A PERSON RIDING ON AN UTV EXCEPT AT THE MINIMUM
SPEED REQUIRED TO MAINTAIN FORWARD MOVEMENT OF THE UTV, NOR WITHIN ONE
HUNDRED FEET OF A FISHING SHANTY OR SHELTER EXCEPT AT THE MINIMUM SPEED
REQUIRED TO MAINTAIN FORWARD MOVEMENT OF THE UTV 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;
(F) 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 UTV; AND
(G) 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.
2. THE OPERATOR OF A UTV SHALL:
(A) STOP AND YIELD TO AN AUTHORIZED AMBULANCE, CIVIL DEFENSE, OR
POLICE UTV OR POLICE VEHICLE BEING OPERATED AS AN EMERGENCY VEHICLE AND
APPROACHING FROM ANY DIRECTION; AND
(B) COMPLY WITH ANY LAWFUL ORDER OR DIRECTION OF ANY POLICE OFFICER OR
OTHER PERSON DULY EMPOWERED TO ENFORCE THE LAWS RELATING TO UTVS.
3. NO PERSON SHALL RIDE ON OR IN A SLEIGH, SLED, TOBOGGAN, INFLATABLE
DEVICE OR TRAILER WHICH IS BEING TOWED OR TRAILED BY AN UTV UNLESS
ATTACHED BY A RIGID SUPPORT, CONNECTION OR TOWBAR.
4. A PERSON OPERATING A UTV 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 A UTV UNLESS SUCH UTV 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 UTV AT THE REAR OR SIDE OF THE
OPERATOR.
5. FOR THE PURPOSES OF TITLE SEVEN OF THIS CHAPTER, A UTV SHALL BE A
MOTOR VEHICLE AND THE PROVISIONS OF SUCH TITLE SHALL BE APPLICABLE TO
UTVS.
6. 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 UTVS THAN ARE PROVIDED
OR AUTHORIZED BY THIS SECTION SO LONG AS SUCH LOCAL LAW OR ORDINANCE IS
S. 10543 11
CONSISTENT WITH ITS AUTHORITY TO PROTECT THE ORDER, CONDUCT, HEALTH,
SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY.
§ 2605. DESIGNATION OF HIGHWAYS AND PUBLIC LANDS FOR TRAVEL BY UTVS.
1. EXCEPT WITH RESPECT TO INTERSTATE HIGHWAYS OR CONTROLLED ACCESS
HIGHWAYS, THE DEPARTMENT OF TRANSPORTATION WITH RESPECT TO STATE HIGH-
WAYS, MAINTAINED BY THE STATE AND ANY OTHER GOVERNMENTAL AGENCY WITH
RESPECT TO HIGHWAYS, INCLUDING BRIDGE AND CULVERT CROSSINGS, UNDER ITS
JURISDICTION MAY DESIGNATE AND POST ANY SUCH PUBLIC HIGHWAY OR PORTION
THEREOF AS OPEN FOR TRAVEL BY UTVS WHEN IN THE DETERMINATION OF THE
GOVERNMENTAL AGENCY CONCERNED, IT IS OTHERWISE IMPOSSIBLE FOR UTVS TO
GAIN ACCESS TO AREAS OR TRAILS ADJACENT TO THE HIGHWAY. SUCH DESIG-
NATIONS BY A STATE AGENCY SHALL BE BY RULE OR REGULATION, AND SUCH
DESIGNATIONS BY ANY MUNICIPALITY OTHER THAN A STATE AGENCY SHALL BE BY
LOCAL LAW OR ORDINANCE.
2. A GOVERNMENTAL AGENCY OTHER THAN A MUNICIPALITY, BY REGULATION OR
ORDER, AND A MUNICIPALITY, BY ORDINANCE OR LOCAL LAW, MAY DESIGNATE ANY
APPROPRIATE PUBLIC LANDS, WATERS AND PROPERTIES OTHER THAN HIGHWAYS
UNDER ITS JURISDICTION AS A PLACE OPEN FOR TRAVEL BY UTVS UPON WRITTEN
REQUEST FOR SUCH DESIGNATION BY ANY PERSON, AND MAY IMPOSE RESTRICTIONS
AND CONDITIONS FOR THE REGULATION AND SAFE OPERATION OF UTVS ON SUCH
PUBLIC PROPERTY, SUCH AS TRAVEL ON DESIGNATED TRAILS AND HOURS OF OPERA-
TION. IN ADDITION THERETO, SUCH AGENCY OR MUNICIPALITY MAY NOT REQUIRE
THE OPERATOR OF A UTV TO POSSESS A MOTOR VEHICLE OPERATOR'S LICENSE. A
MUNICIPALITY MAY CHARGE A FEE FOR USE OF UTVS ON SUCH PUBLIC LANDS.
3. (A) SUCH DESIGNATED HIGHWAYS OR PORTIONS THEREOF OR DESIGNATED
LANDS SHALL BE IDENTIFIED BY MARKERS IN SUCH MANNER AS MAY BE PROVIDED
BY RULES AND REGULATIONS OF THE COMMISSIONER.
(B) ALL SIGNS OR MARKERS SHALL BE ERECTED AT THE EXPENSE OF THE STATE
OR MUNICIPALITY, PROVIDED, HOWEVER, THAT THE MUNICIPALITY MAY ACCEPT
FUNDS OR CONTRIBUTIONS THEREFOR FROM PRIVATE PERSONS, CLUBS OR ASSOCI-
ATIONS INTERESTED IN THE PROMOTION OF UTVS.
4. ANY REGULATION, ORDER, LOCAL LAW OR ORDINANCE WHICH DESIGNATES A
HIGHWAY OR PORTION THEREOF OR DESIGNATED LANDS WHICH MAY BE USED FOR UTV
OPERATIONS MAY INCLUDE RULES AND IMPOSE RESTRICTIONS AND CONDITIONS FOR
THE REGULATION AND SAFE OPERATION OF UTVS ON THE HIGHWAYS AND LANDS SO
DESIGNATED, SUCH AS TRAVEL ON DESIGNATED TRAILS AND HOURS OF OPERATION.
ANY RESTRICTION OR CONDITION NOT CONTAINED IN THIS CHAPTER SHALL BE
POSTED.
5. COPIES OF ORDERS, REGULATIONS, LOCAL LAWS OR ORDINANCES ADOPTED BY
GOVERNMENTAL AGENCIES PURSUANT TO THIS SECTION SHALL BE FILED WITH THE
COMMISSIONER.
§ 2606. EQUIPMENT. 1. NO PERSON SHALL OPERATE A UTV UNLESS IT IS
EQUIPPED WITH:
(A) BRAKES IN GOOD OPERATING CONDITION;
(B) A MUFFLER SYSTEM IN GOOD OPERATING CONDITION WHICH MEETS FEDERAL
STANDARDS AS ESTABLISHED IN 40 CFR PART 205.166, SUB PART E;
(C) A SPARK ARRESTER APPROVED BY THE UNITED STATES FOREST SERVICE;
(D) TIRES HAVING AT LEAST TWO-THIRTY SECONDS OF AN INCH OF TREAD WITH
NO VISIBLE BREAKS, CUTS, EXPOSED CORDS, BUMPS OR BULGES;
(E) A LIGHTED WHITE HEADLIGHT APPROVED BY THE COMMISSIONER AND A
LIGHTED RED TAILLIGHT APPROVED BY THE COMMISSIONER WHEN OPERATED FOR
ONE-HALF HOUR AFTER SUNSET TO ONE-HALF HOUR BEFORE SUNRISE.
2. NO PERSON SHALL OPERATE AN UTV OR RIDE AS A PASSENGER ON A UTV
UNLESS SUCH PERSON IS WEARING A PROTECTIVE HELMET OF A TYPE APPROVED BY
THE COMMISSIONER PURSUANT TO SUBDIVISION SIX OF SECTION THREE HUNDRED
EIGHTY-ONE OF THIS CHAPTER.
S. 10543 12
3. NO PERSON SHALL OPERATE A UTV:
(A) ON A HIGHWAY WITH TIRES EQUIPPED WITH ANY STUDS OTHER THAN AUTOMO-
TIVE STUDS;
(B) EXCEPT AS AN AUTHORIZED EMERGENCY UTV, POLICE, OR CIVIL DEFENSE
UTV AS AN EMERGENCY VEHICLE, WHILE DISPLAYING ONE OR MORE LIGHTED RED OR
A COMBINATION RED OR WHITE LIGHTS WHICH ARE REVOLVING, ROTATING, FLASH-
ING, OSCILLATING OR CONSTANTLY MOVING;
(C) AS AN AUTHORIZED EMERGENCY UTV OR CIVIL DEFENSE UTV, AS AN EMER-
GENCY VEHICLE UNLESS IT IS EQUIPPED WITH ONE OR MORE LIGHTED, RED OR
COMBINATION RED OR WHITE LIGHT OR LIGHTS WHICH IS OR ARE REVOLVING,
ROTATING, FLASHING, OSCILLATING OR CONSTANTLY MOVING AND WHICH HAS OR
HAVE MINIMUM CANDLE POWER OF SUFFICIENT INTENSITY TO BE PLAINLY VISIBLE
FROM A DISTANCE OF FIVE HUNDRED FEET IN ALL DIRECTIONS UNDER NORMAL
ATMOSPHERIC CONDITIONS.
§ 2607. LIABILITY INSURANCE. 1. A UTV WHICH IS OPERATED ANYWHERE IN
THIS STATE OTHER THAN ON LANDS OF THE OWNER OF THE UTV SHALL BE COVERED
BY A POLICY OF INSURANCE, IN SUCH LANGUAGE AND FORM AS SHALL BE DETER-
MINED AND ESTABLISHED BY THE SUPERINTENDENT OF FINANCIAL SERVICES,
ISSUED BY AN INSURANCE CARRIER AUTHORIZED TO DO BUSINESS IN THIS STATE.
SUCH POLICY SHALL PROVIDE FOR COVERAGES REQUIRED OF AN OWNER'S POLICY OF
LIABILITY INSURANCE AS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION FOUR OF
SECTION THREE HUNDRED ELEVEN OF THIS CHAPTER.
2. IN LIEU OF SUCH INSURANCE COVERAGE AS REQUIRED IN SUBDIVISION ONE
OF THIS SECTION, THE COMMISSIONER, IN THEIR DISCRETION AND UPON APPLICA-
TION OF A GOVERNMENTAL AGENCY HAVING REGISTERED IN ITS NAME ONE OR MORE
UTVS, MAY WAIVE THE REQUIREMENT OF INSURANCE BY A PRIVATE INSURANCE
CARRIER AND ISSUE A CERTIFICATE OF SELF-INSURANCE, WHEN SUCH COMMISSION-
ER IS SATISFIED THAT SUCH GOVERNMENTAL AGENCY IS POSSESSED OF FINANCIAL
ABILITY TO RESPOND TO JUDGMENTS OBTAINED AGAINST IT, ARISING OUT OF THE
OWNERSHIP, USE OR OPERATION OF SUCH UTVS.
3. THE COMMISSIONER MAY ALSO WAIVE THE REQUIREMENT OF INSURANCE BY A
PRIVATE INSURANCE CARRIER AND ISSUE A CERTIFICATE OF SELF-INSURANCE UPON
APPLICATION OF ANY PERSON OR ANY OTHER CORPORATION, HAVING REGISTERED IN
ITS NAME, ONE OR MORE UTVS AND FURNISHING OF PROOF THAT A CERTIFICATE OF
SELF-INSURANCE HAS BEEN ISSUED AND IS IN EFFECT PURSUANT TO THE
PROVISIONS OF SECTION THREE HUNDRED SIXTEEN OF THIS CHAPTER.
4. PROOF OF INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
AND DISPLAYED BY THE OWNER OR OPERATOR OF SUCH UTV UPON THE REQUEST OF
ANY MAGISTRATE OR ANY PERSON HAVING AUTHORITY TO ENFORCE THE PROVISIONS
OF THIS CHAPTER.
5. THE FAILURE TO PRODUCE SUCH PROOF UPON THE REQUEST OF ANY SUCH
PERSON SHALL NOT BE AN OFFENSE BUT SHALL BE PRESUMPTIVE EVIDENCE THAT
THE UTV IS BEING OPERATED WITHOUT HAVING SUCH INSURANCE IN FORCE AND
EFFECT.
6. PROOF OF INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
AND DISPLAYED BY THE OWNER OR OPERATOR OF SUCH UTV TO ANY PERSON WHO HAS
SUFFERED OR CLAIMS TO HAVE SUFFERED EITHER PERSONAL INJURY OR PROPERTY
DAMAGE AS A RESULT OF THE OPERATION OF SUCH UTV BY THE OWNER OR OPERA-
TOR, IF SUCH INSURANCE COVERAGE WAS REQUIRED UNDER THE CIRCUMSTANCES OF
SUCH OPERATION. IT SHALL BE AN AFFIRMATIVE DEFENSE TO ANY PROSECUTION
FOR A VIOLATION OF THIS SUBDIVISION THAT SUCH PROOF WAS SO PRODUCED OR
DISPLAYED WITHIN TWENTY-FOUR HOURS OF RECEIVING NOTICE OF SUCH INJURY OR
DAMAGE, OR THE CLAIM OF SUCH INJURY OR DAMAGE.
7. NO OWNER OF A UTV SHALL OPERATE OR PERMIT THE SAME TO BE OPERATED
ANYWHERE IN THIS STATE OTHER THAN ON LANDS OF THE OWNER OF THE UTV WITH-
OUT HAVING IN FULL FORCE AND EFFECT THE LIABILITY INSURANCE COVERAGE
S. 10543 13
REQUIRED BY THIS SECTION, AND NO PERSON SHALL OPERATE A UTV ANYWHERE IN
THIS STATE OTHER THAN ON LANDS OF THE OWNER OF THE UTV WITH THE KNOW-
LEDGE THAT SUCH INSURANCE IS NOT IN FULL FORCE AND EFFECT.
§ 2608. SPECIAL EVENTS. 1. THE COMMISSIONER SHALL ADOPT AND MAY, FROM
TIME TO TIME, AMEND RULES AND REGULATIONS DETERMINING THE SPECIAL EVENTS
WHICH SHALL BE SUBJECT TO PERMIT AND DESIGNATING THE EQUIPMENT AND
FACILITIES NECESSARY FOR SAFE OPERATION OF UTVS AND FOR THE SAFETY OF
OPERATORS, PARTICIPANTS, AND OBSERVERS IN SUCH SPECIAL EVENTS. COPIES OF
SUCH REGULATIONS SHALL BE FURNISHED BY THE COMMISSIONER TO ANY PERSON
MAKING AN APPLICATION THEREFOR.
2. WHENEVER A SPECIAL EVENT IS PROPOSED TO BE HELD, THE PERSON IN
CHARGE THEREOF SHALL, AT LEAST THIRTY DAYS PRIOR THERETO, FILE AN APPLI-
CATION WITH APPROPRIATE GOVERNMENTAL AGENCIES HAVING JURISDICTION OVER
THE SITE OF SUCH EVENT TO HOLD SUCH SPECIAL EVENT. THE APPLICATION SHALL
SET FORTH THE DATE AND LOCATION OF THE PROPOSED SPECIAL EVENT AND SUCH
OTHER INFORMATION AS THE GOVERNMENTAL AGENCIES MAY REQUIRE, AND SUCH
EVENT SHALL NOT BE CONDUCTED WITHOUT WRITTEN AUTHORIZATION FROM SUCH
GOVERNMENTAL AGENCIES. GOVERNMENTAL AGENCIES SHALL EITHER GRANT OR DENY
AUTHORIZATION TO HOLD A SPECIAL EVENT WITHIN THIRTY DAYS AFTER RECEIPT
OF AN APPLICATION FOR AUTHORIZATION. THE COMMISSIONER SHALL BE FURNISHED
WITH A COPY OF ALL SUCH APPLICATIONS. NO PERMIT SHALL BE REQUIRED FOR A
CLOSED-CIRCUIT SPECIAL EVENT HELD ENTIRELY ON PRIVATE PROPERTY, BUT
APPROPRIATE GOVERNMENTAL AGENCIES SHALL BE NOTIFIED OF SUCH EVENT AT
LEAST THIRTY DAYS PRIOR THERETO.
3. UTVS OPERATED AT SPECIAL EVENTS SHALL BE EXEMPTED FROM THE
PROVISIONS OF THIS ARTICLE CONCERNING MUFFLERS, LIGHTS AND TIRES DURING
THE TIME OF SUCH EVENT, INCLUDING ALL PRE-RACE PRACTICE AT THE LOCATION
OF SUCH EVENT.
§ 2609. UTV SAFETY COURSE AND SAFETY CERTIFICATE. 1. SAFETY COURSE OR
COURSES. THE COMMISSIONER SHALL ESTABLISH A CURRICULUM OR CURRICULA FOR
A UTV SAFETY TRAINING COURSE OR COURSES. ANY SUCH CURRICULUM MAY
INCLUDE, BUT NOT BE LIMITED TO, ON-VEHICLE TRAINING AND SAFE RIDING
PRACTICES. THE COMMISSIONER MAY ESTABLISH DIFFERENT COURSES AND CURRIC-
ULA FOR DIFFERENT TYPES OF UTILITY TASK VEHICLES. THE COMMISSIONER MAY
PERMIT ANY SUCH SAFETY TRAINING COURSE TO BE GIVEN BY ANY PRIVATE
PERSON, CLUB, ASSOCIATION OR MUNICIPALITY WHICH MEETS STANDARDS ESTAB-
LISHED BY THE COMMISSIONER. THE COMMISSIONER MAY ESTABLISH A REASONABLE
FEE WHICH ANY SUCH PERSON OR ENTITY MAY CHARGE FOR SUCH COURSE OR COURS-
ES.
2. SAFETY CERTIFICATE. UPON SUCCESSFUL COMPLETION OF A SAFETY COURSE
GIVEN IN CONFORMITY WITH SUBDIVISION ONE OF THIS SECTION BY A PERSON
FOURTEEN YEARS OF AGE OR OVER, THE PERSON OR ENTITY WHICH GAVE THE
COURSE SHALL NOTIFY THE COMMISSIONER OF SUCH COMPLETION IN A MANNER
PRESCRIBED BY THE COMMISSIONER. THE COMMISSIONER SHALL, UPON RECEIPT OF
SUCH INFORMATION, ISSUE A UTV SAFETY CERTIFICATE TO THE PERSON WHO HAS
SUCCESSFULLY COMPLETED THE COURSE. SUCH CERTIFICATE MAY BE LIMITED TO
THE TYPE OF VEHICLE FOR WHICH THE COURSE WAS GIVEN.
§ 2610. OPERATION BY MINORS. 1. NO PERSON UNDER THE AGE OF SIXTEEN
YEARS SHALL OPERATE A UTV.
2. NO PERSON SHALL OPERATE A UTV UNLESS THEY ARE OVER THE AGE OF
SIXTEEN YEARS, AND MAINTAIN A VALID DRIVER'S LICENSE TO OPERATE A MOTOR
VEHICLE IN ACCORDANCE WITH NEW YORK STATE LAW.
3. THE FAILURE OF A PERSON TO EXHIBIT A UTV SAFETY CERTIFICATE UPON
DEMAND TO ANY MAGISTRATE OR ANY OTHER OFFICER HAVING AUTHORITY TO
ENFORCE THE PROVISIONS OF THIS ARTICLE SHALL NOT BE AN OFFENSE, BUT
S. 10543 14
SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH PERSON IS NOT THE HOLDER OF SUCH
CERTIFICATE.
4. NO PARENT OR GUARDIAN SHALL AUTHORIZE OR KNOWINGLY PERMIT THEIR
CHILD OR WARD, IF UNDER SIXTEEN YEARS OF AGE, OR WHO DOES NOT MAINTAIN A
VALID DRIVER'S LICENSE TO OPERATE A MOTOR VEHICLE, TO OPERATE A UTV IN
VIOLATION OF ANY PROVISION OF THIS ARTICLE, ANY RULES OR REGULATIONS
PROMULGATED THEREUNDER, OR THE PROVISIONS OF ANY LOCAL LAW OR ORDINANCE.
5. NO OWNER OR OTHER PERSON IN POSSESSION OF ANY UTV SHALL AUTHORIZE
OR KNOWINGLY PERMIT ANY PERSON UNDER SIXTEEN YEARS OF AGE, OR WHO DOES
NOT MAINTAIN A VALID DRIVER'S LICENSE TO OPERATE A MOTOR VEHICLE, TO
OPERATE A UTV IN VIOLATION OF ANY PROVISION OF THIS ARTICLE, ANY RULES
OR REGULATIONS PROMULGATED THEREUNDER, OR THE PROVISIONS OF ANY LOCAL
LAW OR ORDINANCE.
§ 2611. LIABILITY FOR NEGLIGENCE. 1. NEGLIGENCE IN THE USE OF OPERA-
TION OF A UTV SHALL BE ATTRIBUTABLE TO THE OWNER.
2. EVERY OWNER OF A UTV USED OR OPERATED IN THIS STATE SHALL BE LIABLE
AND RESPONSIBLE FOR THE DEATH OR INJURY TO PERSON OR DAMAGE TO PROPERTY
RESULTING FROM NEGLIGENCE IN THE USE OR OPERATION OF SUCH UTV BY ANY
PERSON USING OR OPERATING THE SAME WITH THE PERMISSION, EXPRESS OR
IMPLIED, OF SUCH OWNER, PROVIDED, HOWEVER, THAT SUCH OPERATOR'S NEGLI-
GENCE SHALL NOT BE ATTRIBUTED TO THE OWNER AS TO ANY CLAIM OR CAUSE OF
ACTION ACCRUING TO THE OPERATOR OR THEIR LEGAL REPRESENTATIVE FOR SUCH
INJURIES OR DEATH.
§ 2612. SERVICE ON NONRESIDENTS AND CERTAIN RESIDENTS, ADMINISTRATORS
OR EXECUTORS. FOR THE PURPOSES OF SECTION TWO HUNDRED FIFTY-TWO OF THIS
CHAPTER, A UTV SHALL BE A VEHICLE AND THE PROVISIONS OF THAT SECTION AND
SECTION TWO HUNDRED FIFTY-THREE OF THIS CHAPTER SHALL APPLY TO UTVS.
§ 2613. ACCIDENTS; REPORTS. 1. THE OPERATOR OF ANY UTV INVOLVED IN ANY
ACCIDENT RESULTING IN INJURIES TO OR DEATH OF ANY PERSON OR IN WHICH
PROPERTY DAMAGE IN THE ESTIMATED AMOUNT OF SIX HUNDRED DOLLARS OR MORE
IS SUSTAINED, SHALL IMMEDIATELY NOTIFY THE NEAREST LAW ENFORCEMENT AGEN-
CY AND SHALL WITHIN TEN DAYS AFTER SUCH ACCIDENT REPORT THE MATTER IN
WRITING TO THE DEPARTMENT, WITH A COPY THEREOF TO THE SHERIFF OR POLICE
COMMISSIONER OF THE COUNTY IN WHICH SAID ACCIDENT OCCURRED. IF SUCH
OPERATOR IS PHYSICALLY INCAPABLE OF MAKING SUCH REPORT AND THERE IS
ANOTHER PARTICIPANT IN THE ACCIDENT NOT SO INCAPACITATED SUCH PARTIC-
IPANT SHALL MAKE THE REPORT WITHIN THE ALLOTTED TIME AFTER SUCH ACCI-
DENT. IN THE EVENT THAT THERE IS NO OTHER PARTICIPANT AND THE OPERATOR
IS OTHER THAN THE OWNER, THEN THE OWNER SHALL WITHIN THE PRESCRIBED
PERIOD OF TIME, AFTER LEARNING OF THE FACTS OF SUCH ACCIDENT, REPORT THE
MATTER TO THE DEPARTMENT, TOGETHER WITH SUCH INFORMATION AS MAY HAVE
COME TO THEIR KNOWLEDGE RELATING TO SUCH ACCIDENT. EVERY SUCH OPERATOR
OF A UTV, OR PARTICIPANT OF ANY SUCH ACCIDENT, OR THE OWNER, OF THE UTV
INVOLVED IN ANY SUCH ACCIDENT, SHALL MAKE SUCH OTHER AND ADDITIONAL
REPORTS AS THE COMMISSIONER SHALL REQUIRE.
2. WHENEVER ANY UTV MEETS WITH AN ACCIDENT INVOLVING A LOSS OF LIFE,
PERSONAL INJURY OR DAMAGE TO PROPERTY AND THE OPERATOR THEREOF HAS KNOW-
LEDGE OF SUCH ACCIDENT, SUCH OPERATOR SHALL STOP AND GIVE THEIR NAME AND
ADDRESS, THE NAME AND ADDRESS OF THE OWNER THEREOF AND THE REGISTRATION
NUMBER ASSIGNED TO SAID UTV TO THE INJURED PERSON OR THE PERSON SUSTAIN-
ING THE DAMAGE, OR TO A PEACE OR POLICE OFFICER. IN THE EVENT THE PERSON
SUSTAINING THE DAMAGE IS NOT PRESENT AT THE PLACE WHERE THE DAMAGE
OCCURRED, THE OPERATOR SHALL, AS SOON AS PHYSICALLY ABLE, REPORT THE
SAME TO THE NEAREST LAW ENFORCEMENT AGENCY.
3. A PEACE, POLICE, OR JUDICIAL OFFICER WHO INVESTIGATES OR RECEIVES
INFORMATION OF AN ACCIDENT INVOLVING A UTV SHALL MAKE A WRITTEN REPORT
S. 10543 15
OF THE INVESTIGATION OR INFORMATION RECEIVED, AND SUCH ADDITIONAL FACTS
RELATING TO THE ACCIDENT AS MAY COME TO SUCH OFFICER'S KNOWLEDGE AND
MAIL THE SAME WITHIN FORTY-EIGHT HOURS TO THE DEPARTMENT AND KEEP A
RECORD THEREOF IN SUCH OFFICER'S OFFICE.
4. FAILURE OF ANY PERSON TO REPORT AN ACCIDENT AS PROVIDED IN THIS
SECTION OR FAILURE TO GIVE CORRECTLY THE INFORMATION REQUIRED OF SUCH
PERSON BY THE COMMISSIONER IN CONNECTION WITH SUCH REPORT SHALL BE A
MISDEMEANOR AND SHALL CONSTITUTE A GROUND FOR SUSPENSION OR REVOCATION
OF THE UTV SAFETY CERTIFICATE OF ANY PERSON OR THE CERTIFICATE OF REGIS-
TRATION OF ANY UTV INVOLVED IN THE ACCIDENT. THE COMMISSIONER MAY TEMPO-
RARILY SUSPEND THE UTV SAFETY CERTIFICATE OF THE PERSON FAILING TO MAKE
SUCH REPORT OR THE CERTIFICATE OF REGISTRATION OF THE UTV INVOLVED IN
THE ACCIDENT UNTIL SUCH REPORT HAS BEEN FILED.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
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