S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4971

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

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:

  Section 1. Subdivision 1 of section 2281 of the  vehicle  and  traffic
law,  as  amended by chapter 319 of the laws of 1997, is amended to read
as follows:
  1. (a) "All terrain vehicle" or "ATV"  means  (I)  any  self-propelled
vehicle  which  is manufactured for sale for operation primarily on off-
highway trails or off-highway competitions and only  incidentally  oper-
ated  on  public  highways  providing  that such vehicle does not exceed
[seventy] SIXTY inches in width, or  one  thousand  pounds  dry  weight.
Provided,  however,  this definition shall not include a "snowmobile" or
other self-propelled vehicles manufactured for  off-highway  use  exclu-
sively  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; OR
  (II)  ANY  SELF-PROPELLED  VEHICLE  WHICH IS MANUFACTURED FOR SALE FOR
OPERATION PRIMARILY ON OFF-HIGHWAY TRAILS  OR  OFF-HIGHWAY  COMPETITIONS
AND  ONLY INCIDENTALLY   OPERATED ON PUBLIC HIGHWAYS PROVIDING THAT SUCH
VEHICLE DOES NOT EXCEED SEVENTY INCHES IN WIDTH, OR  ONE  THOUSAND  FIVE
HUNDRED  POUNDS DRY WEIGHT, CONSISTS OF A SIDE-BY-SIDE PASSENGER CONFIG-
URATION, IS DESIGNED FOR NO MORE THAN THREE PASSENGERS  AND  HAS  SAFETY
FEATURES WHICH INCLUDE, BUT ARE NOT LIMITED TO, SEAT BELTS AND ROLL-OVER
BARS.    PROVIDED,  HOWEVER,  THAT  THIS  DEFINITION SHALL NOT INCLUDE A
"SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES MANUFACTURED FOR OFF-HIGH-
WAY 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08928-01-3
              

A. 4971                             2

  (b) Notwithstanding the provisions of  [paragraph  (a)]  SUBPARAGRAPHS
(I) AND (II) OF PARAGRAPH (A) of this subdivision, the [term] TERMS "all
terrain  vehicle"  [or],  "ATV"  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 "all terrain vehi-
cle" or "ATV" pursuant to the provisions of this article if such vehicle
is used or is intended to be used for any purpose  other  than  agricul-
tural  purposes  or for snowplowing and shall be regulated in accordance
with provisions governing the operation of  "all  terrain  vehicles"  or
"ATV's" while in such use.
  S  2. Subdivision 1 of section 2405 of the vehicle and traffic law, as
added by chapter 402 of the laws of 1986, is amended to read as follows:
  1. Highways. Except with respect to interstate highways or  controlled
access  highways, the department of transportation with respect to state
highways, 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 ATVs [when in  the  determination  of  the
governmental  agency  concerned, it is otherwise impossible for ATVs] 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.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4971--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

Introduced  by  M. of A. RUSSELL, ROBERTS, WEPRIN, DUPREY, LAVINE, RAIA,
  MONTESANO -- Multi-Sponsored  by  --  M.  of  A.  BLANKENBUSH,  MAGEE,
  PALMESANO, TITONE -- read once and referred to the Committee on Trans-
  portation -- recommitted to the Committee on Transportation in accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee -- reported and referred to the Committee on Codes -- reported and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend the vehicle and traffic law, in relation to the defi-
  nition and use of all terrain vehicles; and to amend the environmental
  conservation law, in relation to regulating the  use  of  all  terrain
  vehicles  within  the  forest  preserve,  the Long Island central pine
  barrens and the Albany pine bush preserve, and providing penalties for
  violations of all terrain vehicle laws in such sensitive areas

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1 of section 2281 of the vehicle and traffic
law, as amended by chapter 319 of the laws of 1997, is amended  to  read
as follows:
  1.  (a)  "All  terrain  vehicle" or "ATV" means (I) any self-propelled
vehicle which is manufactured for sale for operation primarily  on  off-
highway  trails  or off-highway competitions and only incidentally oper-
ated on public highways providing that  such  vehicle  does  not  exceed
seventy  inches  in  width, or one thousand pounds dry weight. Provided,
however, this definition shall not include 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; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08928-06-4
              

A. 4971--B                          2

  (II) ANY SELF-PROPELLED VEHICLE WHICH IS  MANUFACTURED  FOR  SALE  FOR
OPERATION  PRIMARILY  ON  OFF-HIGHWAY TRAILS OR OFF-HIGHWAY COMPETITIONS
AND ONLY INCIDENTALLY  OPERATED ON PUBLIC HIGHWAYS PROVIDING  THAT  SUCH
VEHICLE  DOES  NOT  EXCEED SEVENTY INCHES IN WIDTH, OR ONE THOUSAND FIVE
HUNDRED  POUNDS DRY WEIGHT, CONSISTS OF A SIDE-BY-SIDE PASSENGER CONFIG-
URATION, IS DESIGNED FOR NO MORE THAN THREE PASSENGERS  AND  HAS  SAFETY
FEATURES WHICH INCLUDE, BUT ARE NOT LIMITED TO, SEAT BELTS AND ROLL-OVER
BARS.    PROVIDED,  HOWEVER,  THAT  THIS  DEFINITION SHALL NOT INCLUDE A
"SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES MANUFACTURED FOR OFF-HIGH-
WAY 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.
  (b) Notwithstanding the provisions of  [paragraph  (a)]  SUBPARAGRAPHS
(I) AND (II) OF PARAGRAPH (A) of this subdivision, the [term] TERMS "all
terrain  vehicle"  [or],  "ATV"  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 "all  terrain  vehi-
cle" or "ATV" pursuant to the provisions of this article if such vehicle
is  used  or  is intended to be used for any purpose other than agricul-
tural purposes or for snowplowing and shall be regulated  in  accordance
with  provisions  governing  the  operation of "all terrain vehicles" or
"ATV's" while in such use.
  S 2. Section 9-0303 of the environmental conservation law  is  amended
by adding a new subdivision 8 to read as follows:
  8. ALL TERRAIN VEHICLES. A. FOR THE PURPOSES OF THIS SUBDIVISION:
  (I)  "ALL TERRAIN VEHICLE" OR "ATV" MEANS (1) ANY SELF-PROPELLED VEHI-
CLE WHICH IS MANUFACTURED FOR SALE FOR OPERATION PRIMARILY ON  OFF-HIGH-
WAY TRAILS OR OFF-HIGHWAY COMPETITIONS AND ONLY INCIDENTALLY OPERATED ON
PUBLIC  HIGHWAYS  PROVIDING  THAT  SUCH  VEHICLE DOES NOT EXCEED SEVENTY
INCHES IN WIDTH, OR ONE THOUSAND POUNDS DRY WEIGHT.  PROVIDED,  HOWEVER,
THIS DEFINITION SHALL NOT INCLUDE A "SNOWMOBILE" OR OTHER SELF-PROPELLED
VEHICLES MANUFACTURED FOR OFF-HIGHWAY USE EXCLUSIVELY DESIGNED FOR TRAV-
EL  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; OR
  (2)  ANY  SELF-PROPELLED  VEHICLE  WHICH  IS MANUFACTURED FOR SALE FOR
OPERATION PRIMARILY ON OFF-HIGHWAY TRAILS  OR  OFF-HIGHWAY  COMPETITIONS
AND  ONLY INCIDENTALLY   OPERATED ON PUBLIC HIGHWAYS PROVIDING THAT SUCH
VEHICLE DOES NOT EXCEED SEVENTY INCHES IN WIDTH, OR  ONE  THOUSAND  FIVE
HUNDRED  POUNDS DRY WEIGHT, CONSISTS OF A SIDE-BY-SIDE PASSENGER CONFIG-
URATION, IS DESIGNED FOR NO MORE THAN THREE PASSENGERS  AND  HAS  SAFETY
FEATURES WHICH INCLUDE, BUT ARE NOT LIMITED TO, SEAT BELTS AND ROLL-OVER
BARS.    PROVIDED,  HOWEVER,  THAT  THIS  DEFINITION SHALL NOT INCLUDE A
"SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES MANUFACTURED FOR OFF-HIGH-
WAY 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.
  (II) "SNOWMOBILE" SHALL MEAN A MOTOR VEHICLE DESIGNED  FOR  TRAVEL  ON
SNOW OR ICE BY MEANS OF A COMBINATION OF TRACKS AND A SKI OR SKIS.
  B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE USE
OF ALL TERRAIN VEHICLES BY THE GENERAL PUBLIC WITHIN THE FOREST PRESERVE
IS PROHIBITED.
  C.  A  QUALIFIED  PERSON  WITH A DISABILITY TO WHOM THE DEPARTMENT HAS
ISSUED A NONTRANSFERABLE  TEMPORARY  REVOCABLE  PERMIT  PROVIDING  MOTOR
VEHICLE  ACCESS  TO  CERTAIN  STATE  LANDS UNDER THE JURISDICTION OF THE

A. 4971--B                          3

DEPARTMENT MAY USE AN ALL TERRAIN VEHICLE  PURSUANT  TO  THE  TERMS  AND
CONDITIONS OF SUCH PERMIT.
  D. EMPLOYEES OF THE DEPARTMENT MAY USE ALL TERRAIN VEHICLES FOR APPRO-
PRIATE  ADMINISTRATIVE  PURPOSES WHERE NECESSARY AND CONSISTENT WITH THE
PROVISIONS OF THE ADIRONDACK PARK STATE LAND MASTER PLAN OR THE CATSKILL
PARK STATE LAND MASTER PLAN.  THE  DEPARTMENT  SHALL  NOT  DELEGATE  ITS
AUTHORITY PURSUANT TO THIS PARAGRAPH.
  E.  ALL  TERRAIN  VEHICLES  MAY BE USED BY APPROPRIATE OFFICIALS WHERE
NECESSARY FOR LAW ENFORCEMENT.
  F. ALL TERRAIN VEHICLES MAY BE USED, BY OR UNDER  THE  SUPERVISION  OF
APPROPRIATE  OFFICIALS,  IN CASES OF SUDDEN, ACTUAL AND ONGOING EMERGEN-
CIES THAT INVOLVE THE  PROTECTION  OR  PRESERVATION  OF  HUMAN  LIFE  OR
INTRINSIC  RESOURCE  VALUES,  AND  THAT  INVOLVE SEARCH AND RESCUE OPER-
ATIONS, FOREST FIRES OR LARGE-SCALE CONTAMINATION OF WATER BODIES.
  S 3. Subparagraph (v) of paragraph  a  of  subdivision  2  of  section
46-0111  of  the environmental conservation law, as added by chapter 792
of the laws of 1988, is amended to read as follows:
  (v) other recreational uses; PROVIDED, HOWEVER, THAT,  NOTWITHSTANDING
ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE USE OF ALL TERRAIN VEHI-
CLES  BY  THE  GENERAL  PUBLIC  WITHIN  THE ALBANY PINE BUSH PRESERVE IS
PROHIBITED.
  S 4. Paragraph (d) of subdivision 2 of section 57-0121 of the environ-
mental conservation law, as added by chapter 262 of the laws of 1993, is
amended to read as follows:
  (d) promote active and passive recreational and  environmental  educa-
tional uses that are consistent with the land use plan; PROVIDED, HOWEV-
ER,  THAT,  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE USE OF ALL TERRAIN VEHICLES BY THE GENERAL PUBLIC WITHIN THE CENTRAL
PINE BARRENS AREA IS PROHIBITED; and
  S 5. The environmental conservation law is amended  by  adding  a  new
section 71-0717 to read as follows:
S 71-0717. ADDITIONAL ALL TERRAIN VEHICLE ENFORCEMENT ON SENSITIVE STATE
             LANDS.
  1.  IN  ADDITION  TO  THE  PENALTIES  SET  FORTH IN SUBDIVISION ONE OF
SECTION 71-0703 OF THIS TITLE, AND SECTIONS 71-4001 AND 71-4003 OF  THIS
ARTICLE,  A  POLICE OFFICER OR PEACE OFFICER MAY IMMEDIATELY IMPOUND ANY
ALL TERRAIN VEHICLE  OPERATED  IN  VIOLATION  OF  SUBDIVISION  EIGHT  OF
SECTION  9-0303,  PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 57-0121 OR
SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVISION TWO OF SECTION 46-0111 OF
THIS CHAPTER.  A SURCHARGE OF ONE HUNDRED DOLLARS SHALL BE PAID  BY  THE
OWNER  OF  SUCH  VEHICLE, AND MONIES THEREFROM SHALL BE DEPOSITED INTO A
SEPARATE, NON-LAPSING  ALL  TERRAIN  VEHICLE  ENFORCEMENT  FUND  OF  THE
IMPOUNDING LAW ENFORCEMENT AGENCY, EXCEPT AS PROVIDED BY SUBDIVISION TWO
OF THIS SECTION.
  2.  WHERE  THE  IMPOUNDING  OFFICER IS A PEACE OFFICER EMPLOYED BY THE
DEPARTMENT, THE ENVIRONMENTAL REGULATORY ACCOUNT  OF  THE  ENVIRONMENTAL
CONSERVATION  SPECIAL  REVENUE  FUND  SHALL  BE CREDITED WITH THE MONIES
RECEIVED FROM THE SURCHARGE REQUIRED BY SUBDIVISION ONE OF THIS SECTION.
MONIES COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE MADE AVAILABLE TO
THE DEPARTMENT FOR THE PURPOSE OF ENFORCING  ALL  TERRAIN  VEHICLE  LAWS
APPLICABLE TO THE FOREST PRESERVE, LONG ISLAND CENTRAL PINE BARRENS AREA
AND THE ALBANY PINE BUSH PRESERVE.
  S 6. Nothing in this act shall be deemed to limit the authority of any
county,  city,  town or village to adopt or amend any local law or ordi-
nance which imposes stricter restrictions and conditions on  the  opera-
tion  of  all  terrain  vehicles than are provided or authorized by this

A. 4971--B                          4

act, so long as such local law  or  ordinance  is  consistent  with  the
authority  to  protect  the  order,  conduct, health, safety and general
welfare of persons or property. Nothing in this act shall be  deemed  to
alter  or  invalidate any local law or ordinance in effect on the effec-
tive date of this act.
  S 7. This act shall take effect on the thirtieth day  after  it  shall
have become a law.