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.
Ayes (33): Ball, Bonacic, Boyle, DeFrancisco, Farley, Felder, Flanagan, Gallivan, Griffo, Grisanti, Hannon, Lanza, Larkin, Libous, Little, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Mara, Parker, Ranzenhofer, Ritchie, Robach, Sampson, Sanders, Savino, Seward, Skelos, Valesky, Young, Zeldin
Nays (24): Addabbo, Avella, Breslin, Carlucci, Diaz, Dilan, Gianaris, Gipson, Hoylman, Kennedy, Klein, Krueger, Latimer, LaValle, Marcellino, O'Brien, Peralta, Perkins, Rivera, Serrano, Squadron, Stavisky, Stewart-Cousins, Tkaczyk
Excused (4): Espaillat, Golden, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the definition of an all terrain vehicle or "ATV"
This bill raises the defined weight of an all terrain vehicle to 1,500 pounds of dry weight to allow certain all terrain vehicles to be registered in New York.
SUMMARY OF PROVISIONS:
Section 1 amends the definition of an "all terrain vehicle" in chapter 319 of the Vehicle and Traffic Law by raising the dry weight qualification from 1,000 pounds to 1,500 pounds for certain all terrain vehicles.
Section 2 provides this act shall take effect on the 30th day after it shall have become law.
The current vehicle and traffic law defines an all terrain vehicle (ATV) as being no wider than 70 inches and no heavier than 1,000 pounds. Advancements in technology have lead to the development of new all terrain vehicles. Sometimes, these new vehicles are heavier than the more traditional models. Unlike other states, New York has not updated their regulations to allow the registration of these new vehicles. The current dry weight limit on all terrain vehicles is enticing New Yorkers to register their vehicles in other states or to leave their vehicles unregistered.
By increasing the weight limit on certain all terrain vehicles by 500 pounds users will be able to register their vehicles in New York State. This will generate more revenue for the State through registrations. Also, it is anticipated that permitting the registration of certain all terrain vehicles weighing over 1,000 pounds will increase the interest in purchasing such vehicles and generate additional sales tax revenue for the State. Finally, enactment of this legislation will provide a necessary update to allow current owners of all terrain vehicles to register and legally use their vehicles in New York.
S.3160 of 2006 - Referred to Transportation S.4380 of 2007 - Referred to Transportation S.4380A of 2008 - Passed Senate S.4277 of 2009 - Committed to Rules S.4277 of 2010 - Passed Senate S.3318 of 2011 - Passed Senate S.3318 of 2012 - Passed Senate S.1946 of 2013 - Passed Senate
No cost to the state. Additional revenue is anticipated through new registrations and sales tax.
This act shall take effect on the 30th day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 1946--A Cal. No. 646 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. RITCHIE, GRIFFO, BONACIC, GALLIVAN, LARKIN, LITTLE, MARCHIONE, MAZIARZ, O'MARA, SEWARD, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation -- recommitted to the Committee on Transportation in accord- ance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the vehicle and traffic law, in relation to the defi- nition of an all terrain vehicle or "ATV" 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 (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-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01397-02-4 S. 1946--A 2
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. This act shall take effect on the thirtieth day after it shall have become a law.