Bill Text: NY A02534 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the all terrain vehicle or "ATV" trial registration program.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A02534 Detail]
Download: New_York-2015-A02534-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2534
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
___________
Introduced by M. of A. MAGEE, BLANKENBUSH -- read once and referred 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:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 2292 to read as follows:
3 S 2292. ALL TERRAIN VEHICLE TRIAL REGISTRATION PROGRAM. 1. TRIAL
4 PROGRAM. FOR THE COUNTIES OF ALLEGANY, OSWEGO, JEFFERSON AND MADISON,
5 AND THE PORTIONS OF SAINT LAWRENCE AND LEWIS COUNTIES THAT ARE LOCATED
6 OUTSIDE OF THE ADIRONDACK PARK, THE DEPARTMENT SHALL AUTHORIZE A TWO
7 YEAR TRIAL REGISTRATION PROGRAM FOR ALL TERRAIN VEHICLES (ATV) OF UP TO
8 ONE THOUSAND FIVE HUNDRED POUNDS.
9 2. SUCH ATVS SHALL BE REGISTERED WITH THE DEPARTMENT AND SHALL REQUIRE
10 A REGISTRATION NUMBER WITH A PLATE ON THE BACK OF SUCH VEHICLES. SUCH
11 PLATE SHALL NOT BE OBSCURED BY GLASS OR PLASTIC AND SHALL NOT BE
12 OBSTRUCTED BY ANY PART OF THE VEHICLE.
13 3. FAILURE TO COMPLY WITH ANY PART OF THIS SECTION SHALL CONSTITUTE A
14 NON-CRIMINAL VIOLATION AND SHALL BE PUNISHABLE BY:
15 (A) A ONE HUNDRED DOLLAR FINE FOR THE FIRST OFFENSE;
16 (B) A ONE HUNDRED FIFTY DOLLAR FINE FOR THE SECOND OFFENSE;
17 (C) A TWO HUNDRED FIFTY DOLLAR FINE FOR A THIRD OR SUBSEQUENT OFFENSE.
18 4. A POLICE OFFICER OR ENFORCEMENT OFFICIAL FROM THE DEPARTMENT OF
19 ENVIRONMENTAL CONSERVATION MAY IMPOUND AN ATV FOR THE FOLLOWING REASONS:
20 (A) OPERATION OF AN ATV ON OTHER THAN DESIGNATED ROUTES WITHIN THE
21 FOREST PRESERVE; OR
22 (B) VIOLATION OF SECTION TWENTY-TWO HUNDRED EIGHTY-THREE OF THIS ARTI-
23 CLE WHEN SUCH VIOLATION CONSTITUTES BOTH A SECOND OFFENSE OF SUCH
24 SECTION AND IS A VIOLATION OF SECTION TWENTY-FOUR HUNDRED THREE OF THIS
25 TITLE; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05593-01-5
A. 2534 2
1 (C) OPERATION OF AN ATV UPON ANY PUBLIC OR PRIVATE PROPERTY WITHIN THE
2 STATE DURING THE COMMISSION OF A SEPARATE MISDEMEANOR OR FELONY ACT AS
3 DEFINED IN THE PENAL LAW; PROVIDED HOWEVER THAT A VIOLATION OF SUBDIVI-
4 SION (A) OF SECTION 140.10 OF THE PENAL LAW SHALL NOT IN ITSELF CONSTI-
5 TUTE A SEPARATE MISDEMEANOR FOR PURPOSES OF THIS SUBDIVISION.
6 5. PARENTS OF MINORS FOUND IN VIOLATION OF THIS SECTION SHALL BE
7 LIABLE FOR SUCH FINES AND PENALTIES ENUMERATED IN THIS SECTION.
8 6. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL ENFORCE THE
9 PROVISIONS OF THIS SECTION.
10 7. AT THE CONCLUSION OF SUCH PILOT PROGRAM, THE COMMISSIONER IN
11 CONSULTATION WITH THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL
12 CONSERVATION SHALL ASSESS THE PROGRAM AND SUBMIT A REPORT TO THE LEGIS-
13 LATURE AND THE GOVERNOR WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
14 ENVIRONMENTAL IMPACT OF SUCH PROGRAM, THE ECONOMIC IMPACT OF SUCH
15 PROGRAM, THE REVENUE GENERATED AND OTHER CONSIDERATIONS DETERMINED TO BE
16 RELEVANT BY THE COMMISSIONER AND THE COMMISSIONER OF THE DEPARTMENT OF
17 ENVIRONMENTAL CONSERVATION.
18 S 2. This act shall take effect on the thirtieth day after it shall
19 have become a law.
