[This is an excerpt only of Part D of the EnCon Budget Bill. See this site for complete State Budget Bills and documentation.]
STATE OF NEW YORK
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S. 993 A. 1923
SENATE - ASSEMBLY
January 21, 2005
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT … to amend the envi-
ronmental conservation law and the vehicle and traffic law, in
relation to the use of all terrain vehicles on certain public lands,
providing for state assistance payments for all terrain vehicle trail
development and maintenance fund and the enforcement of the operation
of all terrain vehicles and registration of such vehicles and to
repeal subdivision 12 of section 2282 of the vehicle and traffic law
relating to out of state registration of all terrain vehicles (Part
D); …
43 PART D
44 Section 1. Section 1-0303 of the environmental conservation law is
45 amended by adding four new subdivisions 26, 27, 28 and 29 to read as
46 follows:
47 26. "All terrain vehicle" shall have the meaning set forth in para-
48 graph (a) of subdivision one of section twenty-two hundred eighty-one of
49 the vehicle and traffic law.
50 27. "Motor vehicle" shall have the meaning set forth in section one
51 hundred twenty-five of the vehicle and traffic law.
S. 993 46 A. 1923
1 28. "Private roads" shall have the meaning set forth in section one
2 hundred thirty-three of the vehicle and traffic law.
3 29. "Public highway" shall have the meaning set forth in section one
4 hundred thirty-four of the vehicle and traffic law.
5 § 2. Section 9-0303 of the environmental conservation law is amended
6 by adding a new subdivision 8 to read as follows:
7 8. All terrain vehicles. a. The department may authorize the use of
8 all terrain vehicles on forest preserve lands by the general public both
9 inside and outside the boundaries of the Adirondack park or Catskill
10 park and on other state-owned lands under the department's jurisdiction
11 which are located within the boundaries of the Adirondack park or the
12 Catskill park only on public highways or portions thereof in compliance
13 with subdivision one of section twenty-four hundred five of the vehicle
14 and traffic law and other applicable law. In addition, any authorization
15 for the general public to use all terrain vehicles on public highways or
16 portions thereof on state-owned land under the department's jurisdiction
17 which is located within the boundaries of the Adirondack park or the
18 Catskill park must comply with the requirements of the Adirondack park
19 state land master plan, adopted pursuant to section eight hundred
20 sixteen of the executive law, or the Catskill park state land master
21 plan, respectively.
22 b. The department may authorize the public use of all terrain vehicles
23 on public highways on conservation easements held by the department
24 where such easements include the right to allow such use and such
25 authorization is in compliance with the requirements of subdivision one
26 of section twenty-four hundred five of the vehicle and traffic law and
27 other applicable law, and may authorize the public use of all terrain
28 vehicles on all terrain vehicle trails and private roads on conservation
29 easements held by the department where such easements include the right
30 to allow such use and such authorization is in compliance with the
31 requirements of subdivision two of section twenty-four hundred five of
32 the vehicle and traffic law and other applicable law.
33 c. On state lands under the jurisdiction of the department other than
34 those described in paragraphs a and b of this subdivision, the depart-
35 ment may authorize the public use of all terrain vehicles in compliance
36 with the requirements of section twenty-four hundred five of the vehicle
37 and traffic law and other applicable law.
38 d. Persons with qualifying disabilities to whom the department has
39 issued a temporary revocable permit and a companion may use all terrain
40 vehicles at the locations authorized by such permit and pursuant to the
41 terms and conditions of such permit. Such authorization shall comply
42 with the requirements of section twenty-four hundred five of the vehicle
43 and traffic law and other applicable law. Such authorization shall also
44 comply with the guidelines set forth in the Adirondack park state land
45 master plan or the Catskill park state land master plan with respect to
46 any authorized use of all terrain vehicles in the Adirondack park or
47 Catskill park, respectively.
48 e. All terrain vehicles may be used on state land under the depart-
49 ment's jurisdiction for appropriate administrative, law enforcement, and
50 emergency purposes provided that any such use within the Adirondack park
51 or the Catskill park shall comply with the requirements of the Adiron-
52 dack park state land master plan or the Catskill park state land master
53 plan, respectively.
54 § 3. The environmental conservation law is amended by adding a new
55 article 58 to read as follows:
S. 993 47 A. 1923
1 ARTICLE 58
2 ALL TERRAIN VEHICLES
3 Section 58-0101. State assistance.
4 58-0103. Rules and regulations.
5 § 58-0101. State assistance.
6 1. The department shall develop and implement a program of state
7 assistance payments, subject to annual appropriations, for the following
8 purposes:
9 a. The following programs of municipalities and not-for-profit all
10 terrain vehicle associations:
11 (1) programs on all terrain vehicle safety, education, and training
12 which are conducted by municipalities and not-for-profit all terrain
13 vehicle associations;
14 (2) the development and maintenance of all terrain vehicle trails
15 which are open to the general public;
16 (3) the lease and purchase of land for the development of all terrain
17 vehicle trails to be open to the general public;
18 (4) the purchase, lease and maintenance of facilities related to the
19 use and enjoyment of all terrain vehicle trails open to the general
20 public;
21 (5) the purchase and lease of equipment related to the development and
22 maintenance of all terrain vehicle trails open to the public and direct-
23 ly related facilities; and
24 (6) other costs directly related to the administration of such
25 programs;
26 b. Municipal and state law enforcement activities which are directly
27 related to the enforcement of state statutes, rules and regulations and
28 municipal local laws and ordinances relating to the operation of all
29 terrain vehicles;
30 c. The development by the department of a statewide all terrain vehi-
31 cle trail map and user safety guide and program, to be completed no
32 later than five years after the effective date of this section;
33 d. The development and maintenance of all terrain vehicle trails open
34 to the general public and the maintenance of private roads for all
35 terrain vehicle use by the general public on conservation easement lands
36 held by the state of New York which are under the jurisdiction of the
37 department; and
38 e. Expenses associated with the department's administration of the
39 state assistance authorized pursuant to this section.
40 2. Upon approval of an application from a municipality or not-for-pro-
41 fit all terrain vehicle association, the department and such applicant
42 shall enter into a contract for state assistance payments toward the
43 cost of the project, which shall include, but not be limited to, the
44 following:
45 a. A current estimate of the cost of the project as determined by the
46 department at the time of the execution of the contract;
47 b. An agreement by the department to make state assistance payments
48 toward the cost of the project by periodically reimbursing the recipient
49 for costs incurred during the progress of the project. Such costs are
50 subject to final computation and determination by the department upon
51 completion of the project and shall not exceed the maximum cost set
52 forth in the contract. The approved project cost shall be reduced by the
53 amount of any specific grants for the project which are received by the
54 recipient from any other source; and
55 c. An agreement by the recipient to proceed expeditiously with the
56 project, to comply with all applicable laws and regulations in develop-
S. 993 48 A. 1923
1 ing the project, and to complete the project in accordance with plans
2 and reports approved by the department for the project.
3 3. The department shall reject any application for state assistance
4 under this article where the department determines that the project is
5 not in the best interests of the state. In making such a determination
6 the department may consider, but not be limited to, the potential
7 impacts which the project could have on public lands which are located
8 near the project and appropriate environmental factors, including but
9 not limited to, the potential impacts on wetlands, wildlife habitats,
10 and flora and fauna, and potential conflicts with other user groups.
11 4. The amount of state assistance payments to be allocated to eligible
12 applicants for trail development and maintenance shall be drawn from the
13 all terrain vehicle trail development and maintenance appropriation and
14 shall be determined by the department. The department shall certify to
15 the comptroller the amount thus determined for each municipality and
16 not-for-profit association as the amount of state assistance to be
17 apportioned to each.
18 5. No state assistance shall be allocated from funds pursuant to this
19 section for use in all terrain vehicle trail development and maintenance
20 on state-owned lands under the jurisdiction of the department, provided,
21 however, that such assistance may be allocated pursuant to this section
22 for use in the development and maintenance of all terrain vehicle trails
23 and the maintenance of private roads for all terrain vehicle use on
24 conservation easement lands as set forth in paragraph b of subdivision
25 eight of section 9-0303 of this chapter.
26 § 58-0103. Rules and regulations.
27 The department shall adopt such rules and regulations as deemed neces-
28 sary to carry out the provisions of this article.
29 § 4. Section 2282 of the vehicle and traffic law is amended by adding
30 two new subdivisions 2-a and 6-a to read as follows:
31 2-a. No later than five years after the effective date of this subdi-
32 vision, the commissioner shall, at the time of registration pursuant to
33 subdivision two of this section, provide or cause to be provided a copy
34 of the all terrain vehicle trail map and user guide, developed by the
35 department of environmental conservation pursuant to paragraph c of
36 subdivision one of section 58-0101 of the environmental conservation
37 law, to every person who registers an all terrain vehicle. Such map and
38 user guide shall also be made available to the public through other
39 appropriate means as determined by the commissioner and the commissioner
40 of environmental conservation.
41 6-a. Registration at time of sale. Every all terrain vehicle sold by a
42 dealer shall be registered at the time of sale of such vehicle. Such
43 registration shall be valid until the thirty-first day of August follow-
44 ing the date of such sale; provided, however, that any all terrain vehi-
45 cle sold after April first of each year shall be issued a registration
46 valid until the thirty-first day of August in the year following that in
47 which the all terrain vehicle is sold. Any all terrain vehicle purchased
48 for use exclusively outside of the state of New York shall not require
49 registration at the time of purchase, and the purchaser of such all
50 terrain vehicle shall sign a declaration, provided by the dealer, which
51 shall state that such purchaser understands the conditions under which
52 an all terrain vehicle must be registered and the penalty for violation
53 of such registration provisions. The form of such declaration shall be
54 provided by the commissioner.
S. 993 49 A. 1923
1 § 5. Paragraphs (a) and (b) of subdivision 4 of section 2282 of the
2 vehicle and traffic law, as amended by chapter 402 of the laws of 1986,
3 are amended to read as follows:
4 (a) An annual fee of [ten] forty-five dollars for each individual
5 resident registration.
6 (b) An annual fee of [ten] forty-five dollars for each individual
7 nonresident registration.
8 § 6. Subdivision 12 of section 2282 of the vehicle and traffic law is
9 REPEALED and a new subdivision 12 is added to read as follows:
10 12. Out of state all terrain vehicle registration. The registration
11 provisions of this article shall apply to non-resident owners of all
12 terrain vehicles used in New York state as provided for by the commis-
13 sioner except when an owner's all terrain vehicle is used on authorized
14 trails which proceed along a New York state border and which, occa-
15 sionally as dictated by the terrain, cross into another state, in which
16 such all terrain vehicle is registered. Such cross border trails on
17 which nonresident owned all terrain vehicles may proceed without New
18 York state registration shall be designated by the state commissioner of
19 environmental conservation pursuant to paragraph c of subdivision one of
20 section 58-0101 of the environmental conservation law and such commis-
21 sioner shall publish such trail designation in the New York state regis-
22 ter and other publications accessible to those who use all terrain vehi-
23 cles. Such non-resident registration application shall be made available
24 at the place of business of all registered dealers and by mail from the
25 department. Nothing in this subdivision shall be construed to authorize
26 the operation of any all terrain vehicle contrary to the provisions of
27 this article.
28 § 7. Subdivision 1 of section 2283 of the vehicle and traffic law is
29 amended by adding three new paragraphs (a), (b) and (c) to read as
30 follows:
31 (a) A permanent registration number plate shall be placed on every all
32 terrain vehicle. The plate shall be placed on the rear of the vehicle.
33 The plate shall be placed as high as possible above and between the
34 tires and shall be securely fastened so as to prevent the same from
35 swinging.
36 (b) Such plate shall be issued by the commissioner and shall display
37 the registration number corresponding to that of the registration
38 certificate.
39 (c) Such plate shall be kept clean and in a condition so as to be
40 easily readable and shall not be covered by glass or plastic, and the
41 view thereof shall not be obstructed by any part of the vehicle or by
42 anything carried thereon.
43 § 8. Section 2291 of the vehicle and traffic law, as amended by chap-
44 ter 190 of the laws of 1990, is amended to read as follows:
45 § 2291. Disposition of fees. The commissioner shall deposit all monies
46 received [by him] from the registration of ATVs and all fees otherwise
47 collected [by him] under this article to the credit of the general
48 fund[, as prescribed by section twenty-two hundred ninety-two of this
49 chapter].
50 § 9. Section 2404 of the vehicle and traffic law, as added by chapter
51 402 of the laws of 1986, is amended to read as follows:
52 § 2404. Operating rules. 1. No person shall operate an ATV:
53 (a) at a rate of speed greater than is reasonable and prudent under
54 the conditions and having regard to the actual and potential hazards
55 then existing;
S. 993 50 A. 1923
1 (b) in a careless, reckless or negligent manner so as to unreasonably
2 endanger the person or property of another or cause injury or damage
3 thereto;
4 (c) on the tracks or right-of-way of an operating railroad;
5 (d) in any tree nursery or planting in a manner that damages or
6 destroys growing stock, or creates a substantial risk thereto;
7 (e) while pulling a person on skis or drawing or towing a sleigh,
8 sled, toboggan or trailer which carries or transports any person unless
9 attached by a rigid support, connection or towbar;
10 (f) on the frozen surface of public waters: within one hundred feet of
11 any person other than a person riding on an ATV except at the minimum
12 speed required to maintain forward movement of the ATV, nor within one
13 hundred feet of a fishing shanty or shelter except at the minimum speed
14 required to maintain forward movement of the ATV nor on an area which
15 has been cleared of snow for skating purposes unless the area is neces-
16 sary for access to the public water;
17 (g) within one hundred feet of a dwelling between midnight and six
18 a.m., at a speed greater than minimum required to maintain forward move-
19 ment of the ATV;
20 (h) on public lands, other than highways, or on private property of
21 another while in an intoxicated condition or under the influence of
22 narcotics or drugs.
23 2. The operator of an ATV shall:
24 (a) stop and yield to an authorized ambulance, civil defense, or
25 police ATV or police vehicle being operated as an emergency vehicle and
26 approaching from any direction;
27 (b) comply with any lawful order or direction of any police officer or
28 other person duly empowered to enforce the laws relating to ATVs.
29 3. No person shall ride on or in a sleigh, sled, toboggan or trailer
30 which is being towed or trailed by an ATV unless attached by a rigid
31 support, connection or towbar.
32 4. [A person operating an ATV shall ride only upon the permanent and
33 regular seat attached thereto, and such operator shall not carry any
34 other person nor shall any other person ride on an ATV unless such ATV
35 is designed to carry more than one person, in which event a passenger
36 may ride upon the permanent and regular seat if designed for two
37 persons, or upon another seat firmly attached to the ATV at the rear or
38 side of the operator.
39 5.] For the purposes of title seven of this chapter, an ATV shall be a
40 motor vehicle and the provisions of such title shall be applicable to
41 ATVs.
42 [6.] 5. Local laws and ordinances. Nothing contained in this article
43 shall be deemed to limit the authority of a county, city, town or
44 village from adopting or amending a local law or ordinance which imposes
45 stricter restrictions and conditions on the operation of ATVs than are
46 provided or authorized by this section so long as such local law or
47 ordinance is consistent with its authority to protect the order,
48 conduct, health, safety and general welfare of persons or property.
49 § 10. Section 2406 of the vehicle and traffic law is amended by adding
50 a new subdivision 4 to read as follows:
51 4. A person operating an ATV shall ride only upon the permanent and
52 regular seat attached thereto, and such operator shall not carry any
53 other person nor shall any other person ride on an ATV unless such ATV
54 is designed to carry more than one person, in which event a passenger
55 may ride upon the permanent and regular seat if designed for two
S. 993 51 A. 1923
1 persons, or upon another seat firmly attached to the ATV at the rear or
2 side of the operator.
3 § 11. The vehicle and traffic law is amended by adding a new section
4 2414 to read as follows:
5 § 2414. Violations. Any person who violates any provision of this
6 article or rule or regulation adopted pursuant thereto or article
7 forty-eight-B of this title or rule or regulation adopted pursuant ther-
8 eto shall be guilty of a traffic violation and shall be subject to the
9 fines and penalties set forth in section eighteen hundred of this chap-
10 ter, provided that the fine imposed upon conviction for a first
11 violation thereof shall not be less than one hundred dollars; the fine
12 imposed upon conviction for a second violation thereof, both of which
13 were committed within a period of five years, shall not be less than one
14 hundred fifty dollars; and the fine imposed upon conviction for a third
15 or subsequent violation thereof, all of which were committed within a
16 period of five years, shall not be less than two hundred fifty dollars.
17 § 12. Severability. If any clause, sentence, paragraph, section or
18 part of this act shall be adjudged by any court of competent jurisdic-
19 tion to be invalid and after exhaustion of all further judicial review,
20 the judgment shall not affect, impair or invalidate the remainder there-
21 of, but shall be confined in its operation to the clause, sentence,
22 paragraph, section or part of this act directly involved in the contro-
23 versy in which the judgment shall have been rendered.
24 § 13. This act shall take effect immediately and shall be deemed to
25 have been in full force and effect on and after April 1, 2005; provided
26 that sections five and eleven of this act shall take effect on the nine-
27 tieth day after it shall have become a law.