S3318-2011 - NY Senate Open Legislation - Relates to the definition of all terrain vehicle or "ATV"

Relates to the definition of all terrain vehicle or "ATV"; increases the dry weight of such vehicle from 1000 pounds to 1500 pounds.

Sponsor: RITCHIE / Co-sponsor(s): BONACIC, GALLIVAN, GRIFFO, LARKIN, LITTLE, MAZIARZ, SEWARD / Committee: TRANSPORTATION
Law Section: Vehicle and Traffic Law / Law: Amd S2281, V & T L

S3318-2011 Actions

Feb 29, 2012: referred to transportation
Feb 29, 2012: DELIVERED TO ASSEMBLY
Feb 29, 2012: PASSED SENATE
Jan 23, 2012: ADVANCED TO THIRD READING
Jan 19, 2012: 2ND REPORT CAL.
Jan 18, 2012: 1ST REPORT CAL.49
Jan 4, 2012: REFERRED TO TRANSPORTATION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 13, 2011: referred to transportation
Jun 13, 2011: DELIVERED TO ASSEMBLY
Jun 13, 2011: PASSED SENATE
Mar 3, 2011: ADVANCED TO THIRD READING
Mar 2, 2011: 2ND REPORT CAL.
Mar 1, 2011: 1ST REPORT CAL.137
Feb 16, 2011: REFERRED TO TRANSPORTATION

S3318-2011 Meetings

Transportation: Mar 1, 2011, Transportation: Jan 18, 2012

S3318-2011 Calendars

S3318-2011 Votes

VOTE: COMMITTEE VOTE: - Transportation - Mar 1, 2011

Ayes (13): Fuschillo, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Smith, Stavisky, Valesky
Ayes W/R (5): Adams, Diaz, Kennedy, Perkins, Squadron
Excused (1): Johnson

VOTE: FLOOR VOTE: - Jun 13, 2011

Ayes (45): Alesi, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (17): Adams, Addabbo, Avella, Diaz, Duane, Espaillat, Gianaris, Hassell-Thomps, Krueger, Montgomery, Oppenheimer, Parker, Peralta, Perkins, Rivera, Serrano, Squadron

VOTE: COMMITTEE VOTE: - Transportation - Jan 18, 2012

Ayes (15): Fuschillo, Johnson, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Adams, Diaz, Kennedy, Smith, Stavisky, Valesky
Ayes W/R (3): Dilan, Perkins, Squadron
Excused (1): Larkin

VOTE: FLOOR VOTE: - Feb 29, 2012

Ayes (36): Alesi, Bonacic, Carlucci, DeFrancisco, Dilan, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Johnson, Klein, Lanza, Larkin, Libous, Little, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Valesky, Young, Zeldin
Nays (22): Addabbo, Avella, Ball, Breslin, Diaz, Duane, Espaillat, Gianaris, Hassell-Thomps, Huntley, Kennedy, Krueger, LaValle, Marcellino, Montgomery, Parker, Peralta, Rivera, Serrano, Squadron, Stavisky, Stewart-Cousin
Absent (1): Perkins
Excused (2): Adams, Oppenheimer

S3318-2011 Memo

BILL NUMBER:S3318               REVISED 05/27/11

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the definition of
an all terrain vehicle or "ATV"

PURPOSE:
This bill raises the defined weight of an "ATV" to 1,500 pounds of dry
weight to allow certain "urv's" to be registered in New York.

SUMMARY:
Section 1. redefines "all terrain vehicle" in chapter 319 of the
vehicle and traffic law by raising the dry weight qualification from
1000 pounds to 1,500 pounds.

Section 2. provides this act shall take effect on the 30th day after
it shall have become law.

JUSTIFICATION:
The current vehicle and traffic law defines an all terrain vehicle
(ATV) specifically as being no wider than 70 inches and no heavier
than 1,000 pounds. With advancements in technology, the world of ATV
driving has expanded to create some new vehicles which are sometimes
referred to as Utility Vehicles (UTV). UTV's are sometimes heavier
than traditional models of ATV's.
Unlike other states, New York hasn't updated regulations to allow the
new vehicles to be registered. The current dry weight limit on ATV's
is enticing New Yorkers to register their vehicles in other states or
to leave their vehicles unregistered.

By increasing the weight limit on ATV's by 500 pounds, we are allowing
users to register their UTV's in New York. In doing so, we will
generate more state revenue through registrations. The allowance of
registrations is also anticipated to peak interest in the purchase of
new UTV's in New York State which will generate additional sales tax
revenue. Finally, by enacting this legislation, we will be providing
a necessary update which will allow current owners of UTV's to
register and use their vehicles legally in New York.

LEGISLATIVE HISTORY:
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

FISCAL IMPACT:
No cost to the state. Additional revenue is anticipated through new
registrations and sales tax.

EFFECTIVE DATE:
This act shall take effect on the 30th day after it shall have become
law.

S3318-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          3318
 2011-2012 Regular Sessions
 I N  SENATE
 February 16, 2011
 
 Introduced  by  Sen. 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  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. Paragraph (a) of subdivision 1 of section 2281 of the vehi
 cle and traffic law, as amended by chapter 319 of the laws of  1997,  is
 amended to read as follows:

 (a)  "All  terrain  vehicle" or "ATV" means 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.
 Provided, however, this definition shall not include a  "snowmobile"  or
 other  self-propelled  vehicles  manufactured for off-highway use exclu
 sively 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.
 

S 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09419-01-1

S3318-2011: Relates to the definition of all terrain vehicle or "ATV"