Provides for an exemption requirement from registration for ATVs operated on lands owned by the owner or to which the owner has certain contractual rights when the ATV is not operated elsewhere in the state and no consideration is paid to the owner for operation.
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to exempting certain ATVs from registration requirements
PURPOSE OR GENERAL IDEA OF BILL: This legislation will afford to ATV (all terrain vehicle) owners the same registration exemptions as currently afforded snowmobile owners in New York State.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill adds a new paragraph (c) to Subdivision 11 of section 2282 of the vehicle and traffic law.
JUSTIFICATION: Current New York State law provides three exemptions from the requirement of registering snowmobiles. They are: 1) snowmobiles owned and used by the United States, 2) snowmobiles registered in another state or country, and 3) snowmobiles operated on lands owned by the owner or to which the owner has certain contractual rights.
New York State law pertaining to ATVs provides only the first two exemptions. An owner of an ATV must register the vehicle, even if it is solely used on his/her private property. This has created hardship for some owners. For example, many farmers use ATVs in everyday business in operating an agricultural enterprise. While the vehicle may never leave the owner's private property, that individual can be cited for violating state law. If a snowmobile is used, then no law is broken. This bill seeks to address the inequity in the law.
PRIOR LEGISLATIVE HISTORY: 2011,2012: S.798/A.6722 Referred to Transportation 2009,2010: S.3825/A.7426 Referred to Transportation
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect 120 days after becoming law.
STATE OF NEW YORK ________________________________________________________________________ 2622 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sens. YOUNG, DeFRANCISCO, MAZIARZ, O'MARA, RITCHIE -- 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 exempting certain ATVs from registration requirements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 11 of section 2282 of the vehicle and traffic law is amended by adding a new paragraph (c) to read as follows: (C) ATVS OPERATED ON LANDS OWNED BY THE OWNER OF SUCH ATV, OR ON LANDS TO WHICH SUCH OWNER HAS A CONTRACTUAL RIGHT OTHER THAN AS A MEMBER OF A CLUB OR ASSOCIATION PROVIDED (I) THE ATV IS NOT OPERATED ELSEWHERE WITH- IN THE STATE, AND (II) NO CONSIDERATION, EITHER DIRECT OR INDIRECT IS PAID TO THE OWNER OF THE ATV WITH RESPECT TO SUCH OPERATION. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that the commissioner of motor vehicles is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03166-01-3