Bill Text: NJ S2891 | 2014-2015 | Regular Session | Introduced
Bill Title: Revises definition of all-terrain vehicles.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2015-06-29 - Substituted by A4361 [S2891 Detail]
Download: New_Jersey-2014-S2891-Introduced.html
Sponsored by:
Senator PETER J. BARNES, III
District 18 (Middlesex)
SYNOPSIS
Revises definition of all-terrain vehicles.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning all-terrain vehicles and amending P.L.1968, c.73, P.L.1991, c.496, and P.L.1973, c.307.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1968, c.73 (C.2A:42A-2) is amended to read as follows:
1. As used in [this act "sport and recreational activities" means and includes: hunting, fishing, trapping, horseback riding, training of dogs, hiking, camping, picnicking, swimming, skating, skiing, sledding, tobogganing, operating or riding snowmobiles, all-terrain vehicles or dirt bikes, and any other outdoor sport, game and recreational activity including practice and instruction in any thereof. For purposes of] P.L.1968, c.73 (C.2A:42A-2 et seq.) ["all-terrain vehicle"] :
"All-terrain vehicle" means a motor vehicle, designed to travel over any terrain, of a type possessing between three and six [rubber] non-highway tires [and powered by a gasoline engine not exceeding 600 cubic centimeters], but shall not include golf carts [; "snowmobile"] .
"Dirt bike" means a motor powered vehicle possessing two or more tires, designed to travel over any terrain and capable of traveling off of paved roads, whether or not the vehicle is subject to registration with the New Jersey Motor Vehicle Commission.
"Snowmobile" means any motor vehicle, designed primarily to travel over ice or snow, of a type which uses sled type runners, skis, an endless belt tread, cleats or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle [; "dirt bike" means a motor powered vehicle possessing two or more tires, designed to travel over any terrain and capable of travelling off of paved roads, whether or not such vehicle is subject to registration with the Division of Motor Vehicles].
"Sport and recreational activities" means and includes: hunting; fishing; trapping; horseback riding; training of dogs; hiking; camping; picnicking; swimming; skating; skiing; sledding; tobogganing; operating or riding snowmobiles, all-terrain vehicles or dirt bikes; and any other outdoor sport, game and recreational activity including practice and instruction in any of these activities.
(cf: P.L.1991, c.496, s.1)
2. Section 5 of P.L.1991, c.496 (C.2A:42A-6.1) is amended to read as follows:
5. For purposes of P.L.1985, c.431 (C.2A:42A-6 et seq.) ["all-terrain vehicle"] :
"All-terrain vehicle" means a motor vehicle, designed to travel over any terrain, of a type possessing between three and six [rubber] non-highway tires [and powered by a gasoline engine not exceeding 600 cubic centimeters], but shall not include golf carts [; "snowmobile"] .
"Dirt bike" means a motor powered vehicle possessing two or more tires, designed to travel over any terrain and capable of traveling off of paved roads, whether or not the vehicle is subject to registration with the New Jersey Motor Vehicle Commission.
"Snowmobile" means any motor vehicle, designed primarily to travel over ice or snow, of a type which uses sled type runners, skis, an endless belt tread, cleats or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle[; "dirt bike" means a motor powered vehicle possessing two or more tires, designed to travel over any terrain and capable of travelling off of paved roads, whether or not such vehicle is subject to registration with the Division of Motor Vehicles].
(cf: P.L.1991, c.496, s.5)
3. Section 1 of P.L.1973, c.307 (C.39:3C-1) is amended to read as follows:
1. As used in P.L.1973, c.307 (C.39:3C-1 et seq.):
"All-terrain vehicle" means a motor vehicle, designed and manufactured for off-road use only, of a type possessing between three and six [rubber] non-highway tires [and powered by a gasoline engine not exceeding 760 cubic centimeters], but shall not include golf carts or an all-terrain vehicle operated by an employee or agent of the State, a county, a municipality, or a fire district, or a member of an emergency service organization or an emergency medical technician which is used while in the performance of the employee's, agent's, member's or technician's official duties.
"Chief administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L.2003, c.13 (C.39:2A-4).
"Commissioner" means the Commissioner of Environmental Protection.
"Department" means the Department of Environmental Protection.
"Dirt bike" means any two-wheeled motorcycle that is designed and manufactured for off-road use only and that does not comply with Federal Motor Vehicle Safety Standards or United States Environmental Protection Agency on-road emissions standards.
"Emergency medical technician" means a person trained in basic life support services as defined in section 1 of P.L.1985, c.351 (C.26:2K-21) and who is certified by the Department of Health to perform these services.
"Emergency service organization" means a fire or first aid organization, whether organized as a volunteer fire company, volunteer fire department, fire district, or duly incorporated volunteer first aid, emergency, or volunteer ambulance or rescue squad association.
"Natural resource" means all land, fish, shellfish, wildlife, biota, air, waters, and other such resources owned, managed, held in trust, or otherwise controlled by the State.
"Public land" means all land owned, operated, managed, maintained, or under the jurisdiction of the Department of Environmental Protection, including any and all land owned, operated, managed, maintained, or purchased jointly by the Department of Environmental Protection with any other party and any land so designated by municipal or county ordinance. Public land shall also mean any land used for conservation purposes, including, but not limited to, beaches, forests, greenways, natural areas, water resources, wildlife preserves, land used for watershed protection, or biological or ecological studies, and land exempted from taxation pursuant to section 2 of P.L.1974, c.167 (C.54:4-3.64).
"Snowmobile" means any motor vehicle, designed primarily to travel over ice or snow, of a type which uses sled type runners, skis, an endless belt tread, cleats, or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle.
"Special event" means an organized race, exhibition, or demonstration of limited duration which is conducted according to a prearranged schedule and in which general public interest is manifested.
(cf: P.L.2013, c.135, s.1)
4. This act shall take effect immediately.
STATEMENT
This bill revises the statutory definitions for all-terrain vehicles (ATVs).
Under current laws, ATVs are a type of vehicle possessing between three and six rubber tires and powered by a gasoline engine not exceeding a certain cubic centimeter size. The bill amends existing definitions to provide that ATVs are a type of vehicle possessing between three and six non-highway tires, and removes any reference to being powered by a gasoline engine of a certain size. Golf carts are excluded from the definition of an ATV in both current law and the bill.
Specifically, the bill revises the definition of an ATV in P.L.1968, c.73 (C.2A:42A-2 et seq.) concerning premises used for sport and recreational activities; P.L.1985, c.431 (C.2A:42A-6 et seq.) concerning liability of an owner, lessee or occupant of agricultural or horticultural land who allows certain off-road vehicles to be operated on the land; and P.L.1973, c.307 (C.39:3C-1 et seq.) regulating the operation and use of ATVs. The definition of an ATV is also changed by reference in the "State Park and Forestry Resources Act," P.L.1983, c.324 (C.13:1L-1 et seq.) and sections 33 and 34 of P.L.2009, c.275 (C.39:3C-33 and C.39:3C-34) concerning penalties for operating an off-road vehicle on public lands.
