Authorizes a governmental agency, by rule or regulation, or municipality, by local law ordinance, to designate a highway or portion of highway as open for travel by an ATV in order to gain access to areas or trails adjacent to such highways.
BILL NUMBER: S1625
TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to designation of highways and public lands for travel by ATVs
PURPOSE : To allow ATVs to travel on certain highways and roads in order to~gain access to nearby trails.
SUMMARY OF PROVISIONS : Section one of the bill amends subdivision one of section 2405 of the vehicle and traffic law to allow a governmental agency or municipality to designate a state highway or a highway controlled by a governmental agency as open for travel by ATVs in order to gain access to areas or trails near such highways if so determined.
JUSTIFICATION : This legislation would allow municipalities, by local option, to designate their public highways and/or portions thereof, as open for travel by ATVs in order to gain access to areas or trails adjacent to such highways. In some areas of the state, using these roads is really the only way to gain access to nearby trails.
LEGISLATIVE HISTORY : S.3429-A Rules Committee.
FISCAL IMPLICATIONS : None to the state.
EFFECTIVE DATE : Immediate.
STATE OF NEW YORK ________________________________________________________________________ 1625 2009-2010 Regular Sessions IN SENATE February 3, 2009 ___________Introduced by Sens. GRIFFO, LITTLE -- 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 designation of highways and public lands for travel by ATVs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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]A GOVERNMENTAL AGENCY OR MUNICIPALITY MAY DESIGNATE A state [highways]HIGHWAY, maintained by the state [and any other governmental agency with respect to highways], OR A HIGHWAY MAINTAINED BY A GOVERNMENTAL AGENCY, including bridge and culvert crossings, under its jurisdiction [may designate and]AS OPEN FOR TRAVEL BY ATVS IN ORDER TO GAIN ACCESS TO AREAS OR TRAILS ADJACENT TO SUCH HIGHWAYS AND THE DEPARTMENT OF TRANS- PORTATION SHALL 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 designations by a state agency shall be by rule or regulation, and such designations by any munici- pality other than a state agency shall be by local law or ordinance. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03785-01-9