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This entry was published on 2014-09-22
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SECTION 2403
Operation of ATVs; where permitted
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 11, ARTICLE 48-C
§ 2403. Operation of ATVs; where permitted. 1. Highways. No person
shall operate an ATV on a highway except as provided herein.

(a) An ATV may make a direct crossing on a highway other than an
interstate 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 travelled 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
visibility, only if both front and rear lights are lighted.

(b) An ATV may be operated on any highway which has been designated
and posted as open for travel by ATVs in accordance with the provisions
of section twenty-four hundred five of this article.

2. Public lands other than highways. No person shall operate an ATV on
any public lands, waters and property other than a highway, except that
an ATV may be operated on any such lands which have been designated and
posted for travel by ATVs in accordance with the provisions of section
twenty-four hundred five of this article.

3. Private property. No person shall operate an ATV on the private
property of another without the consent of the owner or lessee thereof.

3-a. Real property of a farm operation. No person shall operate an ATV
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
stating: "No Trespassing". 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.

4. Emergency vehicle. The provisions of subdivisions one, two and
three of this section shall not apply to operation as emergency vehicle
by any authorized emergency, police or civil defense all terrain
vehicle.