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.

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S2400-2013 Actions

• Jan 17, 2013: REFERRED TO TRANSPORTATION

S2400-2013 Memo

BILL NUMBER:S2400

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:    2011-12  S.  1205a/A.  7506a - Transportation
Committee.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.

S2400-2013 Text

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

                                    2400

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 17, 2013
                                 ___________

  Introduced by Sens. GRIFFO, LITTLE, MAZIARZ, RANZENHOFER, SEWARD -- 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.
                                                             LBD06447-01-3