BILL NUMBER:S4711

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.