Bill Text: NY S04932 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 4932 (Prior Session Legislation)

Introduced

Bill Title: Relates to registration of all terrain vehicles operated on public highways connecting portions of a farm or farms, municipal sanitary landfills and licensed motor vehicle repair shops.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO TRANSPORTATION [S04932 Detail]

Download: New_York-2013-S04932-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4932
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      May 1, 2013
                                      ___________
       Introduced  by Sen. NOZZOLIO -- 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 all  terrain
         vehicles and agricultural use
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 401 of the vehicle and traffic law  is  amended  by
    2  adding a new subdivision 14 to read as follows:
    3    14. REGISTRATION OF ALL TERRAIN VEHICLES OPERATED UPON PUBLIC HIGHWAYS
    4  CONNECTING PORTIONS OF A FARM OR FARMS, MUNICIPAL SANITARY LANDFILLS AND
    5  LICENSED MOTOR VEHICLE REPAIR SHOPS. NOTWITHSTANDING ANY OTHER PROVISION
    6  OF  LAW  TO  THE  CONTRARY,  ALL  TERRAIN VEHICLES TO BE OPERATED BY ANY
    7  PERSON, UPON A PUBLIC HIGHWAY FOR THE PURPOSE OF TRAVELING BY  THE  MOST
    8  DIRECT  ROUTE,  BUT  IN  NO EVENT FURTHER THAN TWENTY-FIVE MILES ONE-WAY
    9  FROM A POINT ON A FARM AS DESIGNATED BY THE VEHICLE OWNER AND SET  FORTH
   10  IN AN ATTACHMENT TO THE VEHICLE REGISTRATION, (A) BETWEEN FIELDS, BUILD-
   11  INGS, AND FACILITIES MANAGED OR OPERATED AS PART OF A SINGLE FARM ENTER-
   12  PRISE IN CONNECTION WITH PRODUCTION, HARVESTING, PROCESSING OR MARKETING
   13  ON THAT FARM OF CROPS, LIVESTOCK, OR LIVESTOCK PRODUCTS PRODUCED ON THAT
   14  FARM;  OR  (B)  FOR THE PURPOSE OF TRANSPORTING MATERIALS FROM A FARM TO
   15  THE NEAREST AVAILABLE  MUNICIPAL  SANITARY  LANDFILL;  OR  (C)  FOR  THE
   16  PURPOSE  OF  TRANSPORTING  THE  ALL  TERRAIN  VEHICLE TO A MOTOR VEHICLE
   17  REPAIR SHOP LICENSED PURSUANT TO THIS CHAPTER FOR THE REPAIR OR  ADJUST-
   18  MENT  OF  EQUIPMENT PROVIDED THAT, IN ADDITION TO THE ROUTE RESTRICTIONS
   19  SET FORTH IN THIS SUBDIVISION, NO SUCH TRANSPORT SHALL BE AUTHORIZED (I)
   20  IF SUCH VEHICLE HAS AN OUT-OF-SERVICE DEFECT RELATING  TO  LOAD  SECURE-
   21  MENT,  BRAKE  SYSTEMS,  STEERING  COMPONENTS AND/OR COUPLING DEVICES, OR
   22  AFTER IT HAS BEEN PLACED OUT-OF-SERVICE;  (II)  ON  ANY  LIMITED  ACCESS
   23  HIGHWAY;  AND  (III)  DURING THE PERIOD OF ONE HOUR BEFORE SUNSET TO ONE
   24  HOUR AFTER SUNRISE, MAY BE REGISTERED AS PROVIDED IN  THIS  SUBDIVISION.
   25  EVERY OWNER OF SUCH VEHICLES MAY CAUSE TO BE FILED BY MAIL OR OTHERWISE,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01656-01-3
       S. 4932                             2
    1  WITH THE COMMISSIONER OR WITH ANY AGENT OF THE COMMISSIONER, AN APPLICA-
    2  TION  FOR  REGISTRATION  OF SUCH VEHICLE, ADDRESSED TO THE COMMISSIONER,
    3  AND ON A BLANK FORM  TO  BE  FURNISHED  BY  THE  COMMISSIONER  FOR  THAT
    4  PURPOSE,  CONTAINING THE INFORMATION REQUIRED BY SUBDIVISION ONE OF THIS
    5  SECTION AND SUCH OTHER INFORMATION AS THE  COMMISSIONER  SHALL  REQUIRE.
    6  THE  COMMISSIONER  OR  AGENT SHALL MAKE SUCH INVESTIGATION, AS HE OR SHE
    7  SHALL DETERMINE NECESSARY, AND IF SATISFIED THAT THE VEHICLE  IS  TO  BE
    8  OPERATED  EXCLUSIVELY  AS  PROVIDED  IN THIS SUBDIVISION SHALL, UPON THE
    9  PAYMENT OF A FEE OF ONE DOLLAR, ASSIGN TO  SUCH  VEHICLE  A  DISTINCTIVE
   10  NUMBER AND ISSUE AND DELIVER TO THE APPLICANT A SET OF NUMBER PLATES AND
   11  A  CERTIFICATE  OF  REGISTRATION  IN SUCH FORM AS THE COMMISSIONER SHALL
   12  PRESCRIBE, INDICATING THE EXTENT TO WHICH THE VEHICLE REGISTERED MAY  BE
   13  OPERATED ON THE PUBLIC HIGHWAYS AND SUCH VEHICLE MAY BE OPERATED ONLY AS
   14  SO INDICATED. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS "FARM" AND
   15  "CROPS, LIVESTOCK OR LIVESTOCK PRODUCTS," SHALL HAVE THE SAME MEANING AS
   16  "LAND  USED  IN AGRICULTURAL PRODUCTION" AND "CROPS, LIVESTOCK AND LIVE-
   17  STOCK PRODUCTS," RESPECTIVELY, AS DEFINED IN SECTION THREE  HUNDRED  ONE
   18  OF  THE AGRICULTURE AND MARKETS LAW, EXCEPT THAT FARMERS WITH AN AVERAGE
   19  GROSS SALES VALUE OF AT LEAST ONE THOUSAND DOLLARS PER  YEAR  OF  CROPS,
   20  LIVESTOCK, AND LIVESTOCK PRODUCTS SHALL BE ELIGIBLE TO REGISTER VEHICLES
   21  PURSUANT TO THIS SUBDIVISION.
   22    S  2.  This  act shall take effect on the ninetieth day after it shall
   23  have become a law.