See
our new site covering rider safety and education issues, www.nyatvsafety.net!
The
Department of Motor Vehicles has put up on their web site, their
comprehensive guide to the basics of ATV owner responsibilities,
Publication C-29, at http://www.nydmv.state.ny.us/broch/c29.htm.
We recommend to anyone who owns an ATV or trail bike, to study and
keep for reference a copy of this document.
With
the disclaimer that we are not attorneys and can not give legal
advice, at popular request here's a list of some of the pertinent
New York State Statutes affecting ATV and OHM recreation (the basis
for some of the content of the above linked DMV publication):
"Registration
of All Terrain Vehicles" Article 48-B of NYS Vehicle and
Traffic Law.
"Rules
for Operation of All Terrain Vehicles" Article 48-C of
NYS Vehicle and Traffic Law.
"Federal
Regulations Title 40 205.166 Noise Emissions Standards"
referred to in V&T Article 48-C, S2405(b).
"Conditions
on Real Property" Title 1, section 9-103 of General Obligations
Law, a.k.a. "Hold Harmless Statute"
"Conservation
Areas and Facilities; Private Refuges and Posted Lands"
Title 21, EnCon Law.
"Equipment
of Motor Vehicles and Motorcycles" Article 9 of V&T
Law. Enduro heroes: see Section 391.
More
"stuff"
Suffolk
County, New York
(a must-read for Long Island riders):
"Suffolk
County ATV Law, Local Law 29-1998" notably impoundment
and fines for illegal use.
"Truth
in Selling Law, Local Law 18-2000" requires that ATV/OHM
dealer in Suffolk Co. to make it clear to purchasers of ATVs about
the special Suffolk County ATV Law.
"Law
To Strengthen Enforcement Penalties for ATVs, Local Law 27-2002"
adds such things to the existing only-of-its-kind local ATV law
as a $3,000 redemption fee for impounded ATVs, among other increased
fines.
Rensselaer
County ATV Law of 2003
[We are in process of obtaining the text of this new county law.
Our understanding is that it provides for specific fines and impound
not defined in state law; and notably, requires written landowner
permission to be carried by the rider. As an aside, this makes organized
events impractical in the county. Congratulations, Rensselaer County
for your brilliant thinking on the accommodation side (not).]
Also
see "Equipment
Required for Motorcycles" DMV Form MV-529B, plain English
of above Article 9/Sec. 391.
Dual-sport
(“home-built”) titling conversion forms are no longer accepted by
NYS DMV Title Bureau as of 1999 due to EPA and Federal DOT requirements,
we are told. Enduro and dual-sport club members, who are typically
familiar with this situation, are your best source of information
with regard to securing a highway registration for your street-legal-converted
trailbike.
Other
DMV
forms of interest to riders:
MV-51B
Statement of Ownership (for swearing to ownership of a non-titled
vehicle)
DTF-802
Statement of Transaction/Affidavit of Sale (use as an official
statement of sale, no need for a written receipt when purchasing
a used ATV, trailbike, or snowmobile)
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