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.

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S2622-2013 Actions

• Jan 23, 2013: REFERRED TO TRANSPORTATION

S2622-2013 Memo

BILL NUMBER:S2622

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.

S2622-2013 Text

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

                                    2622

                         2013-2014 Regular Sessions

                              I N  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