Bill Text: NY A07710 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Amends the definition of all terrain vehicles to include certain vehicles of up to seventy inches long and 1500 pounds which consist of a side-by-side passenger configuration for up to three passengers and which include certain safety features.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A07710 Detail]

Download: New_York-2011-A07710-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7710
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 16, 2011
                                      ___________
       Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
         tee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation  to  the  defi-
         nition and use of all terrain vehicles
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 2281 of the  vehicle  and  traffic
    2  law,  as  amended by chapter 319 of the laws of 1997, is amended to read
    3  as follows:
    4    1. (a) "All terrain vehicle" or "ATV"  means  (I)  any  self-propelled
    5  vehicle  which  is manufactured for sale for operation primarily on off-
    6  highway trails or off-highway competitions and only  incidentally  oper-
    7  ated  on  public  highways  providing  that such vehicle does not exceed
    8  [seventy] SIXTY inches in width, or  one  thousand  pounds  dry  weight.
    9  Provided,  however,  this definition shall not include a "snowmobile" or
   10  other self-propelled vehicles manufactured for  off-highway  use  exclu-
   11  sively  designed  for  travel on snow or ice, steered by skis or runners
   12  and supported in whole or in part by one or more skis, belts  or  cleats
   13  which utilize an endless belt tread; OR
   14    (II)  ANY  SELF-PROPELLED  VEHICLE  WHICH IS MANUFACTURED FOR SALE FOR
   15  OPERATION PRIMARILY ON OFF-HIGHWAY TRAILS  OR  OFF-HIGHWAY  COMPETITIONS
   16  AND  ONLY INCIDENTALLY   OPERATED ON PUBLIC HIGHWAYS PROVIDING THAT SUCH
   17  VEHICLE DOES NOT EXCEED SEVENTY INCHES IN WIDTH, OR  ONE  THOUSAND  FIVE
   18  HUNDRED  POUNDS DRY WEIGHT, CONSISTS OF A SIDE-BY-SIDE PASSENGER CONFIG-
   19  URATION, IS DESIGNED FOR NO MORE THAN THREE PASSENGERS  AND  HAS  SAFETY
   20  FEATURES WHICH INCLUDE, BUT ARE NOT LIMITED TO, SEAT BELTS AND ROLL-OVER
   21  BARS.    PROVIDED,  HOWEVER,  THAT  THIS  DEFINITION SHALL NOT INCLUDE A
   22  "SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES MANUFACTURED FOR OFF-HIGH-
   23  WAY USE EXCLUSIVELY DESIGNED FOR TRAVEL ON SNOW OR ICE, STEERED BY  SKIS
   24  OR  RUNNERS AND SUPPORTED IN WHOLE OR IN PART BY ONE OR MORE SKIS, BELTS
   25  OR CLEATS WHICH UTILIZE AN ENDLESS BELT TREAD.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11221-02-1
       A. 7710                             2
    1    (b) Notwithstanding the provisions of  [paragraph  (a)]  SUBPARAGRAPHS
    2  (I) AND (II) OF PARAGRAPH (A) of this subdivision, the [term] TERMS "all
    3  terrain  vehicle"  [or],  "ATV"  shall  not include any vehicle used for
    4  agricultural purposes or for snowplowing, other than for hire, provided,
    5  however,  that  any such vehicle shall register as an "all terrain vehi-
    6  cle" or "ATV" pursuant to the provisions of this article if such vehicle
    7  is used or is intended to be used for any purpose  other  than  agricul-
    8  tural  purposes  or for snowplowing and shall be regulated in accordance
    9  with provisions governing the operation of  "all  terrain  vehicles"  or
   10  "ATV's" while in such use.
   11    S  2. Subdivision 1 of section 2405 of the vehicle and traffic law, as
   12  added by chapter 402 of the laws of 1986, is amended to read as follows:
   13    1. Highways. Except with respect to interstate highways or  controlled
   14  access  highways, the department of transportation with respect to state
   15  highways, maintained by the state and any other governmental agency with
   16  respect to highways, including bridge and culvert crossings,  under  its
   17  jurisdiction  may  designate and post any such public highway or portion
   18  thereof as open for travel by ATVs [when in  the  determination  of  the
   19  governmental  agency  concerned, it is otherwise impossible for ATVs] to
   20  gain access to areas or trails adjacent to the  highway.    Such  desig-
   21  nations  by  a  state  agency  shall  be by rule or regulation, and such
   22  designations by any municipality other than a state agency shall  be  by
   23  local law or ordinance.
   24    S  3.  This  act shall take effect on the thirtieth day after it shall
   25  have become a law.