Relates to the definition of all terrain vehicle or "ATV"; increases the dry weight of such vehicle from 1000 pounds to 1500 pounds.
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the all terrain vehicle trial registration program
PURPOSE: This bill amends the Vehicle and Traffic Law to create a two year trial program in certain counties for the registration of all terrain vehicles.
SUMMARY OF PROVISIONS:
Section 1 amends the Vehicle and Traffic Law by adding a new section 2292 which creates the all terrain vehicle trial registration program.
Subsection 1 provides that the program will be in place for two years and only apply in the counties of Allegany, Jefferson, Oswego, Madison, and the portions of Saint Lawrence and Lewis counties which are located outside of the Adirondack Park. All terrain vehicles (ATVs) weighing up to one thousand five hundred pounds will be allowed to register for the program.
Subsection 2 provides that the ATVs registered under this program will be required to have an unobstructed registration number with a plate on the back of the ATV.
Subsection 3 provides that failure to comply with any part of this section will constitute a non-criminal violation punishable by fines stated in this section.
Subsection 4 provides the circumstances under which a police officer or Department of Environmental Conservation enforcement officer may impound an ATV.
Subsection 5 provides that the parents of minors found in violation of this shall be liable for the fines and penalties enumerated in this section.
Subsection 6 provides that the Department of Environmental Conservation is responsible for the enforcement of the provisions in this section.
Subsection 7 provides that at the conclusion of this pilot program the Commissioner of Transportation in consultation with the Commissioner of the Department of Environmental Conservation shall assess the program and submit a report to the Legislature and the Governor which includes, but is not limited to, certain items.
EXISTING LAW: Under the current law, ATVs weighing more than 1,000 pounds cannot be registered in New York State.
JUSTIFICATION: Currently, the law limits the size of ATVs that can be registered to 1,000 pounds or less. Yet, many new ATVs that are currently for sale weigh more than 1,000 pounds. Therefore, many New York State residents cannot register the ATVs they have legally purchased and own. This poses a significant problem for many families and individuals throughout the State.
This bill begins to address the issue of not being able to register ATVs that weigh over 1,000 pounds by creating a two year trial registration program, in certain counties, for ATVs that weigh up to 1,500 pounds. Registration of ATVs that are part of this program would require the payment of a registration fee to the State and the display of an unobstructed registration number with a plate on the back of the all terrain vehicle.
At the conclusion of the trial registration program the Commissioner of the Department of Transportation, in consultation with the Commissioner of the Department of Environmental Conservation, shall assess the program and submit a report to the Legislature and the Governor This report shall include, but not be limited to, the environmental impact of the program, the economic impact of the program, the revenue generated by the program and any other considerations as determined by the Commissioners. This pilot program, and the assessment at its conclusion, will allow the State to gain a better understanding of the positive results that will occur if ATVs weighing up to 1,500 pounds are able to be registered in New York State.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: This bill will result in increased revenue for the state because ATVs that were previously unable to be registered can now be registered for a trial registration program.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 4711 2013-2014 Regular Sessions IN SENATE April 18, 2013 ___________Introduced by Sens. RITCHIE, GRIFFO, VALESKY, YOUNG -- 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 all terrain vehicle trial registration program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The vehicle and traffic law is amended by adding a new section 2292 to read as follows: S 2292. ALL TERRAIN VEHICLE TRIAL REGISTRATION PROGRAM. 1. TRIAL PROGRAM. FOR THE COUNTIES OF ALLEGANY, OSWEGO, JEFFERSON AND MADISON, AND THE PORTIONS OF SAINT LAWRENCE AND LEWIS COUNTIES THAT ARE LOCATED OUTSIDE OF THE ADIRONDACK PARK, THE DEPARTMENT SHALL AUTHORIZE A TWO YEAR TRIAL REGISTRATION PROGRAM FOR ALL TERRAIN VEHICLES (ATV) OF UP TO ONE THOUSAND FIVE HUNDRED POUNDS. 2. SUCH ATVS SHALL BE REGISTERED WITH THE DEPARTMENT AND SHALL REQUIRE A REGISTRATION NUMBER WITH A PLATE ON THE BACK OF SUCH VEHICLES. SUCH PLATE SHALL NOT BE OBSCURED BY GLASS OR PLASTIC AND SHALL NOT BE OBSTRUCTED BY ANY PART OF THE VEHICLE. 3. FAILURE TO COMPLY WITH ANY PART OF THIS SECTION SHALL CONSTITUTE A NON-CRIMINAL VIOLATION AND SHALL BE PUNISHABLE BY: (A) A ONE HUNDRED DOLLAR FINE FOR THE FIRST OFFENSE; (B) A ONE HUNDRED FIFTY DOLLAR FINE FOR THE SECOND OFFENSE; (C) A TWO HUNDRED FIFTY DOLLAR FINE FOR A THIRD OR SUBSEQUENT OFFENSE. 4. A POLICE OFFICER OR ENFORCEMENT OFFICIAL FROM THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION MAY IMPOUND AN ATV FOR THE FOLLOWING REASONS: (A) OPERATION OF AN ATV ON OTHER THAN DESIGNATED ROUTES WITHIN THE FOREST PRESERVE; OR (B) VIOLATION OF SECTION TWENTY-TWO HUNDRED EIGHTY-THREE OF THIS ARTI- CLE WHEN SUCH VIOLATION CONSTITUTES BOTH A SECOND OFFENSE OF SUCHEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09999-01-3 S. 4711 2
SECTION AND IS A VIOLATION OF SECTION TWENTY-FOUR HUNDRED THREE OF THIS TITLE; OR (C) OPERATION OF AN ATV UPON ANY PUBLIC OR PRIVATE PROPERTY WITHIN THE STATE DURING THE COMMISSION OF A SEPARATE MISDEMEANOR OR FELONY ACT AS DEFINED IN THE PENAL LAW; PROVIDED HOWEVER THAT A VIOLATION OF SUBDIVI- SION (A) OF SECTION 140.10 OF THE PENAL LAW SHALL NOT IN ITSELF CONSTI- TUTE A SEPARATE MISDEMEANOR FOR PURPOSES OF THIS SUBDIVISION. 5. PARENTS OF MINORS FOUND IN VIOLATION OF THIS SECTION SHALL BE LIABLE FOR SUCH FINES AND PENALTIES ENUMERATED IN THIS SECTION. 6. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL ENFORCE THE PROVISIONS OF THIS SECTION. 7. AT THE CONCLUSION OF SUCH PILOT PROGRAM, THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL ASSESS THE PROGRAM AND SUBMIT A REPORT TO THE LEGIS- LATURE AND THE GOVERNOR WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE ENVIRONMENTAL IMPACT OF SUCH PROGRAM, THE ECONOMIC IMPACT OF SUCH PROGRAM, THE REVENUE GENERATED AND OTHER CONSIDERATIONS DETERMINED TO BE RELEVANT BY THE COMMISSIONER AND THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. S 2. This act shall take effect on the thirtieth day after it shall have become a law.