Relates to registration of all terrain vehicles operated on public highways connecting portions of a farm or farms, municipal sanitary landfills and licensed motor vehicle repair shops.
Ayes (47): Addabbo, Alesi, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Valesky, Young, Zeldin
Nays (11): Avella, Gianaris, Kennedy, Krueger, Parker, Peralta, Rivera, Serrano, Squadron, Stavisky, Stewart-Cousin
Absent (1): Perkins
Excused (2): Adams, Oppenheimer
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to all terrain vehicles and agricultural use
PURPOSE: This bill enables all terrain vehicles reasonable usage of public roads for specific purposes.
SUMMARY OF PROVISIONS: Amends Section 401 of the Vehicle and Traffic Law and adds a new subdivision 14, which includes all terrain vehicles for the purpose of agricultural use.
JUSTIFICATION: This proposal gives farmers the ability to register all terrain vehicles (ATV) in the same manner as motor vehicles for Use on farms. The measure will allow ATV's reasonable usage of public roads for agriculture purposes.
LEGISLATIVE HISTORY: S.6045 of 2004 S.510 of 2005/2006 S.4818 of 2007/2008 S.2941 of 2009/2010
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 4673--A Cal. No. 949 2011-2012 Regular Sessions IN SENATE April 14, 2011 ___________Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report AN ACT to amend the vehicle and traffic law, in relation to all terrain vehicles and agricultural use THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 401 of the vehicle and traffic law is amended by adding a new subdivision 14 to read as follows: 14. REGISTRATION OF ALL TERRAIN VEHICLES OPERATED UPON PUBLIC HIGHWAYS CONNECTING PORTIONS OF A FARM OR FARMS, MUNICIPAL SANITARY LANDFILLS AND LICENSED MOTOR VEHICLE REPAIR SHOPS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL TERRAIN VEHICLES TO BE OPERATED BY ANY PERSON, UPON A PUBLIC HIGHWAY FOR THE PURPOSE OF TRAVELING BY THE MOST DIRECT ROUTE, BUT IN NO EVENT FURTHER THAN TWENTY-FIVE MILES ONE-WAY FROM A POINT ON A FARM AS DESIGNATED BY THE VEHICLE OWNER AND SET FORTH IN AN ATTACHMENT TO THE VEHICLE REGISTRATION, (A) BETWEEN FIELDS, BUILD- INGS, AND FACILITIES MANAGED OR OPERATED AS PART OF A SINGLE FARM ENTER- PRISE IN CONNECTION WITH PRODUCTION, HARVESTING, PROCESSING OR MARKETING ON THAT FARM OF CROPS, LIVESTOCK, OR LIVESTOCK PRODUCTS PRODUCED ON THAT FARM; OR (B) FOR THE PURPOSE OF TRANSPORTING MATERIALS FROM A FARM TO THE NEAREST AVAILABLE MUNICIPAL SANITARY LANDFILL; OR (C) FOR THE PURPOSE OF TRANSPORTING THE ALL TERRAIN VEHICLE TO A MOTOR VEHICLE REPAIR SHOP LICENSED PURSUANT TO THIS CHAPTER FOR THE REPAIR OR ADJUST- MENT OF EQUIPMENT PROVIDED THAT, IN ADDITION TO THE ROUTE RESTRICTIONS SET FORTH IN THIS SUBDIVISION, NO SUCH TRANSPORT SHALL BE AUTHORIZED (I) IF SUCH VEHICLE HAS AN OUT-OF-SERVICE DEFECT RELATING TO LOAD SECURE- MENT, BRAKE SYSTEMS, STEERING COMPONENTS AND/OR COUPLING DEVICES, OR AFTER IT HAS BEEN PLACED OUT-OF-SERVICE; (II) ON ANY LIMITED ACCESSEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00342-02-1 S. 4673--A 2
HIGHWAY; AND (III) DURING THE PERIOD OF ONE HOUR BEFORE SUNSET TO ONE HOUR AFTER SUNRISE, MAY BE REGISTERED AS PROVIDED IN THIS SUBDIVISION. EVERY OWNER OF SUCH VEHICLES MAY CAUSE TO BE FILED BY MAIL OR OTHERWISE, WITH THE COMMISSIONER OR WITH ANY AGENT OF THE COMMISSIONER, AN APPLICA- TION FOR REGISTRATION OF SUCH VEHICLE, ADDRESSED TO THE COMMISSIONER, AND ON A BLANK FORM TO BE FURNISHED BY THE COMMISSIONER FOR THAT PURPOSE, CONTAINING THE INFORMATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION AND SUCH OTHER INFORMATION AS THE COMMISSIONER SHALL REQUIRE. THE COMMISSIONER OR AGENT SHALL MAKE SUCH INVESTIGATION, AS HE OR SHE SHALL DETERMINE NECESSARY, AND IF SATISFIED THAT THE VEHICLE IS TO BE OPERATED EXCLUSIVELY AS PROVIDED IN THIS SUBDIVISION SHALL, UPON THE PAYMENT OF A FEE OF ONE DOLLAR, ASSIGN TO SUCH VEHICLE A DISTINCTIVE NUMBER AND ISSUE AND DELIVER TO THE APPLICANT A SET OF NUMBER PLATES AND A CERTIFICATE OF REGISTRATION IN SUCH FORM AS THE COMMISSIONER SHALL PRESCRIBE, INDICATING THE EXTENT TO WHICH THE VEHICLE REGISTERED MAY BE OPERATED ON THE PUBLIC HIGHWAYS AND SUCH VEHICLE MAY BE OPERATED ONLY AS SO INDICATED. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS "FARM" AND "CROPS, LIVESTOCK OR LIVESTOCK PRODUCTS," SHALL HAVE THE SAME MEANING AS "LAND USED IN AGRICULTURAL PRODUCTION" AND "CROPS, LIVESTOCK AND LIVE- STOCK PRODUCTS," RESPECTIVELY, AS DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW, EXCEPT THAT FARMERS WITH AN AVERAGE GROSS SALES VALUE OF AT LEAST ONE THOUSAND DOLLARS PER YEAR OF CROPS, LIVESTOCK, AND LIVESTOCK PRODUCTS SHALL BE ELIGIBLE TO REGISTER VEHICLES PURSUANT TO THIS SUBDIVISION. S 2. This act shall take effect on the ninetieth day after it shall have become a law.