Bill Text: NY A04971 | 2013-2014 | General Assembly | Amended


Bill Title: Amends the definition of all terrain vehicles to include certain vehicles of up to seventy inches long and 1500 pounds which consist of a side-by-side passenger configuration for up to three passengers and which include certain safety features.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-06-18 - amended by restoring to previous print 4971a [A04971 Detail]

Download: New_York-2013-A04971-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4971--B
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2013
                                      ___________
       Introduced  by  M. of A. RUSSELL, ROBERTS, WEPRIN, DUPREY, LAVINE, RAIA,
         MONTESANO -- Multi-Sponsored  by  --  M.  of  A.  BLANKENBUSH,  MAGEE,
         PALMESANO, TITONE -- read once and referred to the Committee on Trans-
         portation -- recommitted to the Committee on Transportation in accord-
         ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee -- reported and referred to the Committee on Codes -- reported and
         referred  to  the Committee on Ways and Means -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee
       AN  ACT  to  amend the vehicle and traffic law, in relation to the defi-
         nition and use of all terrain vehicles; and to amend the environmental
         conservation law, in relation to regulating the  use  of  all  terrain
         vehicles  within  the  forest  preserve,  the Long Island central pine
         barrens and the Albany pine bush preserve, and providing penalties for
         violations of all terrain vehicle laws in such sensitive areas
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1 of section 2281 of the vehicle and traffic
    2  law, as amended by chapter 319 of the laws of 1997, is amended  to  read
    3  as follows:
    4    1.  (a)  "All  terrain  vehicle" or "ATV" means (I) any self-propelled
    5  vehicle which is manufactured for sale for operation primarily  on  off-
    6  highway  trails  or off-highway competitions and only incidentally oper-
    7  ated on public highways providing that  such  vehicle  does  not  exceed
    8  seventy  inches  in  width, or one thousand pounds dry weight. Provided,
    9  however, this definition shall not include a "snowmobile" or other self-
   10  propelled vehicles manufactured for off-highway use exclusively designed
   11  for travel on snow or ice, steered by skis or runners and  supported  in
   12  whole  or  in part by one or more skis, belts or cleats which utilize an
   13  endless belt tread; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08928-06-4
       A. 4971--B                          2
    1    (II) ANY SELF-PROPELLED VEHICLE WHICH IS  MANUFACTURED  FOR  SALE  FOR
    2  OPERATION  PRIMARILY  ON  OFF-HIGHWAY TRAILS OR OFF-HIGHWAY COMPETITIONS
    3  AND ONLY INCIDENTALLY  OPERATED ON PUBLIC HIGHWAYS PROVIDING  THAT  SUCH
    4  VEHICLE  DOES  NOT  EXCEED SEVENTY INCHES IN WIDTH, OR ONE THOUSAND FIVE
    5  HUNDRED  POUNDS DRY WEIGHT, CONSISTS OF A SIDE-BY-SIDE PASSENGER CONFIG-
    6  URATION, IS DESIGNED FOR NO MORE THAN THREE PASSENGERS  AND  HAS  SAFETY
    7  FEATURES WHICH INCLUDE, BUT ARE NOT LIMITED TO, SEAT BELTS AND ROLL-OVER
    8  BARS.    PROVIDED,  HOWEVER,  THAT  THIS  DEFINITION SHALL NOT INCLUDE A
    9  "SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES MANUFACTURED FOR OFF-HIGH-
   10  WAY USE EXCLUSIVELY DESIGNED FOR TRAVEL ON SNOW OR ICE, STEERED BY  SKIS
   11  OR  RUNNERS AND SUPPORTED IN WHOLE OR IN PART BY ONE OR MORE SKIS, BELTS
   12  OR CLEATS WHICH UTILIZE AN ENDLESS BELT TREAD.
   13    (b) Notwithstanding the provisions of  [paragraph  (a)]  SUBPARAGRAPHS
   14  (I) AND (II) OF PARAGRAPH (A) of this subdivision, the [term] TERMS "all
   15  terrain  vehicle"  [or],  "ATV"  shall  not include any vehicle used for
   16  agricultural purposes or for snowplowing, other than for hire, provided,
   17  however, that any such vehicle shall register as an "all  terrain  vehi-
   18  cle" or "ATV" pursuant to the provisions of this article if such vehicle
   19  is  used  or  is intended to be used for any purpose other than agricul-
   20  tural purposes or for snowplowing and shall be regulated  in  accordance
   21  with  provisions  governing  the  operation of "all terrain vehicles" or
   22  "ATV's" while in such use.
   23    S 2. Section 9-0303 of the environmental conservation law  is  amended
   24  by adding a new subdivision 8 to read as follows:
   25    8. ALL TERRAIN VEHICLES. A. FOR THE PURPOSES OF THIS SUBDIVISION:
   26    (I)  "ALL TERRAIN VEHICLE" OR "ATV" MEANS (1) ANY SELF-PROPELLED VEHI-
   27  CLE WHICH IS MANUFACTURED FOR SALE FOR OPERATION PRIMARILY ON  OFF-HIGH-
   28  WAY TRAILS OR OFF-HIGHWAY COMPETITIONS AND ONLY INCIDENTALLY OPERATED ON
   29  PUBLIC  HIGHWAYS  PROVIDING  THAT  SUCH  VEHICLE DOES NOT EXCEED SEVENTY
   30  INCHES IN WIDTH, OR ONE THOUSAND POUNDS DRY WEIGHT.  PROVIDED,  HOWEVER,
   31  THIS DEFINITION SHALL NOT INCLUDE A "SNOWMOBILE" OR OTHER SELF-PROPELLED
   32  VEHICLES MANUFACTURED FOR OFF-HIGHWAY USE EXCLUSIVELY DESIGNED FOR TRAV-
   33  EL  ON SNOW OR ICE, STEERED BY SKIS OR RUNNERS AND SUPPORTED IN WHOLE OR
   34  IN PART BY ONE OR MORE SKIS, BELTS OR CLEATS WHICH  UTILIZE  AN  ENDLESS
   35  BELT TREAD; OR
   36    (2)  ANY  SELF-PROPELLED  VEHICLE  WHICH  IS MANUFACTURED FOR SALE FOR
   37  OPERATION PRIMARILY ON OFF-HIGHWAY TRAILS  OR  OFF-HIGHWAY  COMPETITIONS
   38  AND  ONLY INCIDENTALLY   OPERATED ON PUBLIC HIGHWAYS PROVIDING THAT SUCH
   39  VEHICLE DOES NOT EXCEED SEVENTY INCHES IN WIDTH, OR  ONE  THOUSAND  FIVE
   40  HUNDRED  POUNDS DRY WEIGHT, CONSISTS OF A SIDE-BY-SIDE PASSENGER CONFIG-
   41  URATION, IS DESIGNED FOR NO MORE THAN THREE PASSENGERS  AND  HAS  SAFETY
   42  FEATURES WHICH INCLUDE, BUT ARE NOT LIMITED TO, SEAT BELTS AND ROLL-OVER
   43  BARS.    PROVIDED,  HOWEVER,  THAT  THIS  DEFINITION SHALL NOT INCLUDE A
   44  "SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES MANUFACTURED FOR OFF-HIGH-
   45  WAY USE EXCLUSIVELY DESIGNED FOR TRAVEL ON SNOW OR ICE, STEERED BY  SKIS
   46  OR  RUNNERS AND SUPPORTED IN WHOLE OR IN PART BY ONE OR MORE SKIS, BELTS
   47  OR CLEATS WHICH UTILIZE AN ENDLESS BELT TREAD.
   48    (II) "SNOWMOBILE" SHALL MEAN A MOTOR VEHICLE DESIGNED  FOR  TRAVEL  ON
   49  SNOW OR ICE BY MEANS OF A COMBINATION OF TRACKS AND A SKI OR SKIS.
   50    B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE USE
   51  OF ALL TERRAIN VEHICLES BY THE GENERAL PUBLIC WITHIN THE FOREST PRESERVE
   52  IS PROHIBITED.
   53    C.  A  QUALIFIED  PERSON  WITH A DISABILITY TO WHOM THE DEPARTMENT HAS
   54  ISSUED A NONTRANSFERABLE  TEMPORARY  REVOCABLE  PERMIT  PROVIDING  MOTOR
   55  VEHICLE  ACCESS  TO  CERTAIN  STATE  LANDS UNDER THE JURISDICTION OF THE
       A. 4971--B                          3
    1  DEPARTMENT MAY USE AN ALL TERRAIN VEHICLE  PURSUANT  TO  THE  TERMS  AND
    2  CONDITIONS OF SUCH PERMIT.
    3    D. EMPLOYEES OF THE DEPARTMENT MAY USE ALL TERRAIN VEHICLES FOR APPRO-
    4  PRIATE  ADMINISTRATIVE  PURPOSES WHERE NECESSARY AND CONSISTENT WITH THE
    5  PROVISIONS OF THE ADIRONDACK PARK STATE LAND MASTER PLAN OR THE CATSKILL
    6  PARK STATE LAND MASTER PLAN.  THE  DEPARTMENT  SHALL  NOT  DELEGATE  ITS
    7  AUTHORITY PURSUANT TO THIS PARAGRAPH.
    8    E.  ALL  TERRAIN  VEHICLES  MAY BE USED BY APPROPRIATE OFFICIALS WHERE
    9  NECESSARY FOR LAW ENFORCEMENT.
   10    F. ALL TERRAIN VEHICLES MAY BE USED, BY OR UNDER  THE  SUPERVISION  OF
   11  APPROPRIATE  OFFICIALS,  IN CASES OF SUDDEN, ACTUAL AND ONGOING EMERGEN-
   12  CIES THAT INVOLVE THE  PROTECTION  OR  PRESERVATION  OF  HUMAN  LIFE  OR
   13  INTRINSIC  RESOURCE  VALUES,  AND  THAT  INVOLVE SEARCH AND RESCUE OPER-
   14  ATIONS, FOREST FIRES OR LARGE-SCALE CONTAMINATION OF WATER BODIES.
   15    S 3. Subparagraph (v) of paragraph  a  of  subdivision  2  of  section
   16  46-0111  of  the environmental conservation law, as added by chapter 792
   17  of the laws of 1988, is amended to read as follows:
   18    (v) other recreational uses; PROVIDED, HOWEVER, THAT,  NOTWITHSTANDING
   19  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE USE OF ALL TERRAIN VEHI-
   20  CLES  BY  THE  GENERAL  PUBLIC  WITHIN  THE ALBANY PINE BUSH PRESERVE IS
   21  PROHIBITED.
   22    S 4. Paragraph (d) of subdivision 2 of section 57-0121 of the environ-
   23  mental conservation law, as added by chapter 262 of the laws of 1993, is
   24  amended to read as follows:
   25    (d) promote active and passive recreational and  environmental  educa-
   26  tional uses that are consistent with the land use plan; PROVIDED, HOWEV-
   27  ER,  THAT,  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY,
   28  THE USE OF ALL TERRAIN VEHICLES BY THE GENERAL PUBLIC WITHIN THE CENTRAL
   29  PINE BARRENS AREA IS PROHIBITED; and
   30    S 5. The environmental conservation law is amended  by  adding  a  new
   31  section 71-0717 to read as follows:
   32  S 71-0717. ADDITIONAL ALL TERRAIN VEHICLE ENFORCEMENT ON SENSITIVE STATE
   33               LANDS.
   34    1.  IN  ADDITION  TO  THE  PENALTIES  SET  FORTH IN SUBDIVISION ONE OF
   35  SECTION 71-0703 OF THIS TITLE, AND SECTIONS 71-4001 AND 71-4003 OF  THIS
   36  ARTICLE,  A  POLICE OFFICER OR PEACE OFFICER MAY IMMEDIATELY IMPOUND ANY
   37  ALL TERRAIN VEHICLE  OPERATED  IN  VIOLATION  OF  SUBDIVISION  EIGHT  OF
   38  SECTION  9-0303,  PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 57-0121 OR
   39  SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVISION TWO OF SECTION 46-0111 OF
   40  THIS CHAPTER.  A SURCHARGE OF ONE HUNDRED DOLLARS SHALL BE PAID  BY  THE
   41  OWNER  OF  SUCH  VEHICLE, AND MONIES THEREFROM SHALL BE DEPOSITED INTO A
   42  SEPARATE, NON-LAPSING  ALL  TERRAIN  VEHICLE  ENFORCEMENT  FUND  OF  THE
   43  IMPOUNDING LAW ENFORCEMENT AGENCY, EXCEPT AS PROVIDED BY SUBDIVISION TWO
   44  OF THIS SECTION.
   45    2.  WHERE  THE  IMPOUNDING  OFFICER IS A PEACE OFFICER EMPLOYED BY THE
   46  DEPARTMENT, THE ENVIRONMENTAL REGULATORY ACCOUNT  OF  THE  ENVIRONMENTAL
   47  CONSERVATION  SPECIAL  REVENUE  FUND  SHALL  BE CREDITED WITH THE MONIES
   48  RECEIVED FROM THE SURCHARGE REQUIRED BY SUBDIVISION ONE OF THIS SECTION.
   49  MONIES COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE MADE AVAILABLE TO
   50  THE DEPARTMENT FOR THE PURPOSE OF ENFORCING  ALL  TERRAIN  VEHICLE  LAWS
   51  APPLICABLE TO THE FOREST PRESERVE, LONG ISLAND CENTRAL PINE BARRENS AREA
   52  AND THE ALBANY PINE BUSH PRESERVE.
   53    S 6. Nothing in this act shall be deemed to limit the authority of any
   54  county,  city,  town or village to adopt or amend any local law or ordi-
   55  nance which imposes stricter restrictions and conditions on  the  opera-
   56  tion  of  all  terrain  vehicles than are provided or authorized by this
       A. 4971--B                          4
    1  act, so long as such local law  or  ordinance  is  consistent  with  the
    2  authority  to  protect  the  order,  conduct, health, safety and general
    3  welfare of persons or property. Nothing in this act shall be  deemed  to
    4  alter  or  invalidate any local law or ordinance in effect on the effec-
    5  tive date of this act.
    6    S 7. This act shall take effect on the thirtieth day  after  it  shall
    7  have become a law.
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