Bill Text: NY A07723 | 2015-2016 | General Assembly | Introduced
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 and which include certain safety features; regulates the operation of all terrain vehicles by the general public in the state forest preserve, Long Island central pine barrens area and Albany pine bush preserve; grants exceptions for the disabled, official purposes and law enforcement; provides for the establishment of the all-terrain vehicle trail development and maintenance fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A07723 Detail]
Download: New_York-2015-A07723-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7723 2015-2016 Regular Sessions I N A S S E M B L Y May 26, 2015 ___________ Introduced by M. of A. RUSSELL -- read once and referred to the Commit- tee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the defi- nition and use of all terrain vehicles; 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; and to amend the state finance law, in relation to establishing the all terrain vehicle trail development and maintenance fund 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 14 (II) ANY SELF-PROPELLED VEHICLE WHICH IS MANUFACTURED FOR SALE FOR 15 OPERATION PRIMARILY ON OFF-HIGHWAY TRAILS OR OFF-HIGHWAY COMPETITIONS 16 AND ONLY INCIDENTALLY OPERATED ON PUBLIC HIGHWAYS PROVIDING THAT SUCH 17 VEHICLE DOES NOT EXCEED SEVENTY INCHES IN WIDTH, OR ONE THOUSAND FIVE 18 HUNDRED POUNDS DRY WEIGHT, CONSISTS OF A SIDE-BY-SIDE PASSENGER CONFIG- 19 URATION AND HAS SAFETY FEATURES WHICH INCLUDE, BUT ARE NOT LIMITED TO, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11311-01-5 A. 7723 2 1 SEAT BELTS AND ROLL-OVER BARS. PROVIDED, HOWEVER, THAT THIS DEFINITION 2 SHALL NOT INCLUDE A "SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES MANU- 3 FACTURED FOR OFF-HIGHWAY USE EXCLUSIVELY DESIGNED FOR TRAVEL ON SNOW OR 4 ICE, STEERED BY SKIS OR RUNNERS AND SUPPORTED IN WHOLE OR IN PART BY ONE 5 OR MORE SKIS, BELTS OR CLEATS WHICH UTILIZE AN ENDLESS BELT TREAD. 6 (b) Notwithstanding the provisions of [paragraph (a)] SUBPARAGRAPHS 7 (I) AND (II) OF PARAGRAPH (A) of this subdivision, the [term] TERMS "all 8 terrain vehicle" or "ATV" shall not include any vehicle used for agri- 9 cultural purposes or for snowplowing, other than for hire, provided, 10 however, that any such vehicle shall register as an "all terrain vehi- 11 cle" or "ATV" pursuant to the provisions of this article if such vehicle 12 is used or is intended to be used for any purpose other than agricul- 13 tural purposes or for snowplowing and shall be regulated in accordance 14 with provisions governing the operation of "all terrain vehicles" or 15 "ATV's" while in such use. 16 S 2. Section 9-0303 of the environmental conservation law is amended 17 by adding a new subdivision 8 to read as follows: 18 8. ALL TERRAIN VEHICLES. A. FOR THE PURPOSES OF THIS SUBDIVISION: 19 (I) "ALL TERRAIN VEHICLE" OR "ATV" MEANS (1) ANY SELF-PROPELLED VEHI- 20 CLE WHICH IS MANUFACTURED FOR SALE FOR OPERATION PRIMARILY ON OFF-HIGH- 21 WAY TRAILS OR OFF-HIGHWAY COMPETITIONS AND ONLY INCIDENTALLY OPERATED ON 22 PUBLIC HIGHWAYS PROVIDING THAT SUCH VEHICLE DOES NOT EXCEED SEVENTY 23 INCHES IN WIDTH, OR ONE THOUSAND POUNDS DRY WEIGHT. PROVIDED, HOWEVER, 24 THIS DEFINITION SHALL NOT INCLUDE A "SNOWMOBILE" OR OTHER SELF-PROPELLED 25 VEHICLES MANUFACTURED FOR OFF-HIGHWAY USE EXCLUSIVELY DESIGNED FOR TRAV- 26 EL ON SNOW OR ICE, STEERED BY SKIS OR RUNNERS AND SUPPORTED IN WHOLE OR 27 IN PART BY ONE OR MORE SKIS, BELTS OR CLEATS WHICH UTILIZE AN ENDLESS 28 BELT TREAD; OR 29 (2) ANY SELF-PROPELLED VEHICLE WHICH IS MANUFACTURED FOR SALE FOR 30 OPERATION PRIMARILY ON OFF-HIGHWAY TRAILS OR OFF-HIGHWAY COMPETITIONS 31 AND ONLY INCIDENTALLY OPERATED ON PUBLIC HIGHWAYS PROVIDING THAT SUCH 32 VEHICLE DOES NOT EXCEED SEVENTY INCHES IN WIDTH, OR ONE THOUSAND FIVE 33 HUNDRED POUNDS DRY WEIGHT, CONSISTS OF A SIDE-BY-SIDE PASSENGER CONFIG- 34 URATION AND HAS SAFETY FEATURES WHICH INCLUDE, BUT ARE NOT LIMITED TO, 35 SEAT BELTS AND ROLL-OVER BARS. PROVIDED, HOWEVER, THAT THIS DEFINITION 36 SHALL NOT INCLUDE A "SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES MANU- 37 FACTURED FOR OFF-HIGHWAY USE EXCLUSIVELY DESIGNED FOR TRAVEL ON SNOW OR 38 ICE, STEERED BY SKIS OR RUNNERS AND SUPPORTED IN WHOLE OR IN PART BY ONE 39 OR MORE SKIS, BELTS OR CLEATS WHICH UTILIZE AN ENDLESS BELT TREAD. 40 (II) "SNOWMOBILE" SHALL MEAN A MOTOR VEHICLE DESIGNED FOR TRAVEL ON 41 SNOW OR ICE BY MEANS OF A COMBINATION OF TRACKS AND A SKI OR SKIS. 42 B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE USE 43 OF ALL TERRAIN VEHICLES BY THE GENERAL PUBLIC WITHIN THE FOREST PRESERVE 44 IS PROHIBITED. 45 C. A QUALIFIED PERSON WITH A DISABILITY TO WHOM THE DEPARTMENT HAS 46 ISSUED A NONTRANSFERABLE TEMPORARY REVOCABLE PERMIT PROVIDING MOTOR 47 VEHICLE ACCESS TO CERTAIN STATE LANDS UNDER THE JURISDICTION OF THE 48 DEPARTMENT MAY USE AN ALL TERRAIN VEHICLE PURSUANT TO THE TERMS AND 49 CONDITIONS OF SUCH PERMIT. 50 D. EMPLOYEES OF THE DEPARTMENT MAY USE ALL TERRAIN VEHICLES FOR APPRO- 51 PRIATE ADMINISTRATIVE PURPOSES WHERE NECESSARY AND CONSISTENT WITH THE 52 PROVISIONS OF THE ADIRONDACK PARK STATE LAND MASTER PLAN OR THE CATSKILL 53 PARK STATE LAND MASTER PLAN. THE DEPARTMENT SHALL NOT DELEGATE ITS 54 AUTHORITY PURSUANT TO THIS PARAGRAPH. 55 E. ALL TERRAIN VEHICLES MAY BE USED BY APPROPRIATE OFFICIALS WHERE 56 NECESSARY FOR LAW ENFORCEMENT. A. 7723 3 1 F. ALL TERRAIN VEHICLES MAY BE USED, BY OR UNDER THE SUPERVISION OF 2 APPROPRIATE OFFICIALS, IN CASES OF SUDDEN, ACTUAL AND ONGOING EMERGEN- 3 CIES THAT INVOLVE THE PROTECTION OR PRESERVATION OF HUMAN LIFE OR 4 INTRINSIC RESOURCE VALUES, AND THAT INVOLVE SEARCH AND RESCUE OPER- 5 ATIONS, FOREST FIRES OR LARGE-SCALE CONTAMINATION OF WATER BODIES. 6 S 3. Subparagraph (v) of paragraph a of subdivision 2 of section 7 46-0111 of the environmental conservation law, as added by chapter 792 8 of the laws of 1988, is amended to read as follows: 9 (v) other recreational uses; PROVIDED, HOWEVER, THAT, NOTWITHSTANDING 10 ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE USE OF ALL TERRAIN VEHI- 11 CLES BY THE GENERAL PUBLIC WITHIN THE ALBANY PINE BUSH PRESERVE IS 12 PROHIBITED. 13 S 4. Paragraph (d) of subdivision 2 of section 57-0121 of the environ- 14 mental conservation law, as added by chapter 262 of the laws of 1993, is 15 amended to read as follows: 16 (d) promote active and passive recreational and environmental educa- 17 tional uses that are consistent with the land use plan; PROVIDED, HOWEV- 18 ER, THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, 19 THE USE OF ALL TERRAIN VEHICLES BY THE GENERAL PUBLIC WITHIN THE CENTRAL 20 PINE BARRENS AREA IS PROHIBITED; and 21 S 5. The environmental conservation law is amended by adding a new 22 section 71-0717 to read as follows: 23 S 71-0717. ADDITIONAL ALL TERRAIN VEHICLE ENFORCEMENT ON SENSITIVE STATE 24 LANDS. 25 1. IN ADDITION TO THE PENALTIES SET FORTH IN SUBDIVISION ONE OF 26 SECTION 71-0703 OF THIS TITLE, AND SECTIONS 71-4001 AND 71-4003 OF THIS 27 ARTICLE, A POLICE OFFICER OR PEACE OFFICER MAY IMMEDIATELY IMPOUND ANY 28 ALL TERRAIN VEHICLE OPERATED IN VIOLATION OF SUBDIVISION EIGHT OF 29 SECTION 9-0303, PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 57-0121 OR 30 SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVISION TWO OF SECTION 46-0111 OF 31 THIS CHAPTER. A SURCHARGE OF ONE HUNDRED DOLLARS SHALL BE PAID BY THE 32 OWNER OF SUCH VEHICLE, AND MONIES THEREFROM SHALL BE DEPOSITED INTO A 33 SEPARATE, NON-LAPSING ALL TERRAIN VEHICLE ENFORCEMENT FUND OF THE 34 IMPOUNDING LAW ENFORCEMENT AGENCY, EXCEPT AS PROVIDED BY SUBDIVISION TWO 35 OF THIS SECTION. 36 2. WHERE THE IMPOUNDING OFFICER IS A PEACE OFFICER EMPLOYED BY THE 37 DEPARTMENT, THE ENVIRONMENTAL REGULATORY ACCOUNT OF THE ENVIRONMENTAL 38 CONSERVATION SPECIAL REVENUE FUND SHALL BE CREDITED WITH THE MONIES 39 RECEIVED FROM THE SURCHARGE REQUIRED BY SUBDIVISION ONE OF THIS SECTION. 40 MONIES COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE MADE AVAILABLE TO 41 THE DEPARTMENT FOR THE PURPOSE OF ENFORCING ALL TERRAIN VEHICLE LAWS 42 APPLICABLE TO THE FOREST PRESERVE, LONG ISLAND CENTRAL PINE BARRENS AREA 43 AND THE ALBANY PINE BUSH PRESERVE. 44 S 6. The state finance law is amended by adding a new section 92-gg to 45 read as follows: 46 S 92-GG. ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE FUND. 47 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER 48 OF PARKS, RECREATION AND HISTORIC PRESERVATION AND THE STATE COMPTROLLER 49 A SPECIAL FUND TO BE KNOWN AS THE "ALL TERRAIN VEHICLE TRAIL DEVELOPMENT 50 AND MAINTENANCE FUND". THE MONEYS IN SUCH FUND SHALL BE AVAILABLE FOR 51 PAYMENT OF ANY AND ALL COSTS AND EXPENDITURES INCURRED IN PERFORMING ANY 52 OF THE WORK REQUIRED IN DEVELOPING AND MAINTAINING A SYSTEM OF ALL 53 TERRAIN VEHICLE TRAILS PURSUANT TO SECTION TWO THOUSAND TWO HUNDRED 54 NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, INCLUDING COSTS AND EXPENSES 55 INCIDENTAL AND APPURTENANT THERETO. A. 7723 4 1 2. MONEYS IN ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE 2 FUND SHALL BE KEPT SEPARATELY FROM AND SHALL NOT BE COMMINGLED WITH ANY 3 OTHER MONEYS IN THE JOINT OR SOLE CUSTODY OF THE STATE COMPTROLLER OR 4 THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION. 5 3. THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE FUND 6 SHALL CONSIST OF THE REVENUES REQUIRED TO BE DEPOSITED THEREIN PURSUANT 7 TO THE PROVISIONS OF SECTION TWO THOUSAND TWO HUNDRED EIGHTY-TWO OF THE 8 VEHICLE AND TRAFFIC LAW AND ALL OTHER MONEYS CREDITED OR TRANSFERRED 9 THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. 10 4. THE MONEYS IN SUCH FUND SHALL BE APPROPRIATED BY THE LEGISLATURE 11 AND PAID OUT PURSUANT TO SECTION TWO THOUSAND TWO HUNDRED NINETY-TWO OF 12 THE VEHICLE AND TRAFFIC LAW. 13 S 7. The vehicle and traffic law is amended by adding a new section 14 2292 to read as follows: 15 S 2292. ATV TRAIL DEVELOPMENT AND MAINTENANCE. 1. EVERY COUNTY ENGAG- 16 ING AND ASSISTING IN THE DEVELOPMENT AND MAINTENANCE OF A SYSTEM OF ATV 17 TRAILS AND A PROGRAM WITH RELATION THERETO WITHIN ITS BOUNDARIES IN 18 ORDER TO ENCOURAGE SAFETY, TOURISM AND UTILIZATION AND, IN THE EVENT A 19 COUNTY DOES NOT UNDERTAKE SUCH A PROGRAM, OR SYSTEM OF TRAILS, ANY CITY, 20 TOWN OR VILLAGE WITHIN SUCH COUNTY WHICH UNDERTAKES THE SAME, SHALL BE 21 ENTITLED TO RECEIVE, IN ACCORDANCE WITH RULES AND REGULATIONS TO BE 22 PROMULGATED BY THE COMMISSIONER, STATE AID AS HEREINAFTER PROVIDED. 23 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 24 COMMISSIONER SHALL ESTABLISH A PLAN FOR THE DEVELOPMENT AND MAINTENANCE 25 OF ATV TRAILS AND FACILITIES IN THE VARIOUS COUNTIES OR WHERE APPLICA- 26 BLE, CITIES, TOWNS OR VILLAGES OF THE STATE AS MAY BE APPROPRIATE AND 27 SHALL TAKE WHATEVER ACTION HE OR SHE DEEMS NECESSARY TO FOSTER AND 28 PROMOTE THE SAFE UTILIZATION OF SUCH TRAILS AND FACILITIES; FOR THESE 29 PURPOSES, HE OR SHE MAY DRAW UPON THE MONEYS DEPOSITED IN THE ATV TRAIL 30 DEVELOPMENT AND MAINTENANCE FUND PURSUANT TO SECTION NINETY-TWO-GG OF 31 THE STATE FINANCE LAW FOR EXPENSES, INCLUDING PERSONAL SERVICES, AS 32 APPROVED BY THE COMPTROLLER AND IS HEREBY AUTHORIZED TO ASSIGN THREE 33 EMPLOYEES OF HIS OR HER OFFICE TO CARRY OUT SUCH RESPONSIBILITIES AND TO 34 PAY THEIR SALARIES, BENEFITS AND EXPENSES OUT OF SUCH FUND. 35 3. EVERY COUNTY OR, WHERE APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN 36 SUCH COUNTY, SHALL BE ELIGIBLE FOR A GRANT FOR THE DEVELOPMENT AND MAIN- 37 TENANCE OF A SYSTEM OF ATV TRAILS AND A PROGRAM WITH RELATION THERETO 38 WITHIN ITS BOUNDARIES. SUCH GRANTS SHALL BE MADE BY THE COMMISSIONER AND 39 MAY CONSTITUTE UP TO ONE HUNDRED PERCENT OF THE COST OF SUCH PROGRAM 40 INCLUDING EXPENDITURES INCURRED FOR SIGNS AND MARKERS OF SNOWMOBILE 41 TRAILS. ANY COUNTY OR, WHERE APPLICABLE, ANY CITY, TOWN OR VILLAGE WITH- 42 IN SUCH COUNTY, APPLYING FOR SUCH GRANT SHALL SUBMIT TO THE COMMISSIONER 43 BY SEPTEMBER FIRST OF EACH YEAR AN ESTIMATE OF SUCH EXPENDITURES FOR THE 44 CURRENT FISCAL YEAR, IN SUCH FORM AND CONTAINING SUCH INFORMATION AS THE 45 COMMISSIONER MAY REQUIRE. NO CITY, TOWN OR VILLAGE MAY APPLY FOR SUCH 46 GRANT WHERE THE COUNTY WITHIN WHICH IT IS CONTAINED HAS SUBMITTED AN 47 APPLICATION FOR THE SAME FISCAL YEAR. FOR THE PURPOSE OF THIS SECTION, 48 "FISCAL YEAR" SHALL MEAN THE PERIOD FROM APRIL FIRST THROUGH MARCH THIR- 49 TY-FIRST. THE COMMISSIONER SHALL REVIEW ALL SUCH APPLICATIONS AND SHALL 50 DETERMINE THE AMOUNT OF STATE AID TO BE ALLOCATED TO EACH COUNTY OR, 51 WHERE APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY IN 52 ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION. OF 53 THE AMOUNT THE COMMISSIONER DETERMINES EACH COUNTY OR, WHERE APPLICABLE, 54 ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY IS ELIGIBLE TO RECEIVE, 55 SEVENTY PERCENT SHALL BE MADE AVAILABLE FOR DISTRIBUTION BY NOVEMBER A. 7723 5 1 FIRST AND THIRTY PERCENT FOR DISTRIBUTION UPON DEMONSTRATION OF 2 COMPLETION, SUBMITTED BY JUNE FIRST, OF THE PROGRAM. 3 4. NOT MORE THAN THIRTY PERCENT OF THE ATV TRAIL DEVELOPMENT AND MAIN- 4 TENANCE FUND PURSUANT TO SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW, 5 AS DETERMINED BY THE COMMISSIONER, SHALL BE MADE AVAILABLE TO THE 6 COMMISSIONER AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION FOR ATV 7 TRAIL DEVELOPMENT AND MAINTENANCE ON STATE OWNED LANDS; PROVIDED, HOWEV- 8 ER, THAT ANY SUCH MAINTENANCE AND DEVELOPMENT ON FOREST PRESERVE LANDS 9 SHALL BE UNDERTAKEN IN ACCORDANCE WITH THE MASTER PLAN FOR THE MANAGE- 10 MENT OF STATE LANDS PURSUANT TO SECTION EIGHT HUNDRED SIXTEEN OF THE 11 EXECUTIVE LAW. 12 5. THE AMOUNT OF STATE AID TO BE ALLOCATED TO EACH COUNTY OR, WHERE 13 APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY, SHALL BE DRAWN 14 UPON THE MONIES REMAINING IN THE ATV TRAIL DEVELOPMENT AND MAINTENANCE 15 FUND PURSUANT TO SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW AFTER 16 WITHDRAWAL PURSUANT TO SUBDIVISIONS TWO AND FOUR OF THIS SECTION AND 17 SHALL BE DETERMINED BY THE COMMISSIONER AS HEREINAFTER PROVIDED. THE 18 COMMISSIONER SHALL DETERMINE THE PERCENTAGE PROPORTION WHICH THE AUTHOR- 19 IZED EXPENDITURES OF EACH INDIVIDUAL COUNTY OR, WHERE APPLICABLE, ANY 20 CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY SHALL BEAR TO THE TOTAL AUTHOR- 21 IZED EXPENDITURES OF ALL THE COUNTIES, CITIES, TOWNS OR VILLAGES FOR ATV 22 TRAIL DEVELOPMENT AND MAINTENANCE PURSUANT TO THIS SECTION DURING THE 23 FISCAL YEAR. SUCH PERCENTAGE PROPORTION SHALL THEN BE APPLIED AGAINST 24 THE AMOUNT RECEIVED IN ADDITIONAL FEES IMPOSED BY SECTION TWO THOUSAND 25 TWO HUNDRED EIGHTY-TWO OF THIS CHAPTER FOR REGISTRATION OF ATVS DURING 26 SUCH FISCAL YEAR, TO THE EXTENT ONLY AND NOT EXCEEDING THE BALANCE OF 27 SUCH FUND REMAINING AFTER THE PAYMENT OF EXPENSES AS SET FORTH IN THIS 28 SECTION. THE AMOUNT THUS DETERMINED SHALL CONSTITUTE THE MAXIMUM AMOUNT 29 OF STATE AID TO WHICH EACH COUNTY OR, WHERE APPLICABLE, ANY CITY, TOWN 30 OR VILLAGE WITHIN SUCH COUNTY, SHALL BE ENTITLED. THE COMMISSIONER SHALL 31 CERTIFY TO THE COMPTROLLER THE AMOUNT THUS DETERMINED FOR EACH COUNTY 32 OR, WHERE APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY, AS 33 THE AMOUNT OF STATE AID TO BE APPORTIONED TO SUCH COUNTY OR, WHERE 34 APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY. 35 S 8. Subdivision 1 of section 2403 of the vehicle and traffic law is 36 amended by adding a new paragraph (c) to read as follows 37 (C) AN ATV MAY OPERATE ON HIGHWAYS, FOR A DISTANCE NOT TO EXCEED FIVE 38 HUNDRED YARDS, WHEN IN THE DETERMINATION OF THE GOVERNMENTAL AGENCY 39 CONCERNED IT IS OTHERWISE IMPOSSIBLE FOR ATVS TO GAIN ACCESS TO AREAS OR 40 TRAILS ADJACENT TO THE HIGHWAY, FOR THE PURPOSE ONLY OF GAINING ACCESS 41 TO AND FROM THE AREAS OF OPERATION. 42 S 9. Section 2403 of the vehicle and traffic law is amended by adding 43 a new subdivision 5 to read as follows: 44 5. TRESPASS. THE VIOLATION OF SUBDIVISION ONE, TWO, THREE, OR THREE-A 45 OF THIS SECTION SHALL BE A MISDEMEANOR AND SHALL CONSTITUTE A GROUND FOR 46 SUSPENSION OR REVOCATION OF THE ATV SAFETY CERTIFICATE OF ANY PERSON OR 47 THE CERTIFICATE OF REGISTRATION OF ANY ATV INVOLVED IN SUCH VIOLATION. 48 THE COMMISSIONER MAY SUSPEND OR REVOKE THE ATV SAFETY CERTIFICATE OF THE 49 PERSON COMMITTING SUCH VIOLATION OR THE CERTIFICATE OF REGISTRATION OF 50 THE ATV INVOLVED IN SUCH VIOLATION IN ACCORDANCE WITH THE PROVISIONS OF 51 SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER. 52 S 10. Subdivision 1 of section 2405 of the vehicle and traffic law, as 53 added by chapter 402 of the laws of 1986, is amended to read as follows: 54 1. Highways. (A) Except with respect to interstate highways or 55 controlled access highways, the department of transportation with 56 respect to state highways, maintained by the state and any other govern- A. 7723 6 1 mental agency with respect to highways, including bridge and culvert 2 crossings, under its jurisdiction may designate and post any such public 3 highway or portion thereof as open for travel by ATVs when in the deter- 4 mination of the governmental agency concerned, it is otherwise impossi- 5 ble for ATVs to gain access to areas or trails adjacent to the highway. 6 Such designations by a state agency shall be by rule or regulation, and 7 such designations by any municipality other than a state agency shall be 8 by local law or ordinance. 9 (B) ANY ATV OPERATOR UTILIZING A HIGHWAY IN ACCORDANCE WITH PARAGRAPH 10 (A) OF THIS SUBDIVISION SHALL BE IN POSSESSION OF A VALID DRIVER'S 11 LICENSE; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL 12 NOT APPLY TO AN OPERATOR UTILIZING A HIGHWAY IN ACCORDANCE WITH PARA- 13 GRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-FOUR HUNDRED THREE OF 14 THIS ARTICLE. 15 S 11. Nothing in this act shall be deemed to limit the authority of 16 any county, city, town or village to adopt or amend any local law or 17 ordinance which imposes stricter restrictions and conditions on the 18 operation of all terrain vehicles than are provided or authorized by 19 this act, so long as such local law or ordinance is consistent with the 20 authority to protect the order, conduct, health, safety and general 21 welfare of persons or property. Nothing in this act shall be deemed to 22 alter or invalidate any local law or ordinance in effect on the effec- 23 tive date of this act. 24 S 12. This act shall take effect on the thirtieth day after it shall 25 have become a law.