NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4282
SPONSOR: Salka
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the all
terrain vehicle trial registration program
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the Vehicle and Traffic Law to,create a two-year trial
program in certain counties for the registration of all terrain vehi-
cles.
 
SUMMARY OF PROVISIONS:
Section 1 amends the Vehicle and Traffic Law by adding a new section
2292 which creates the all-terrain vehicle trial registration program.
Subsection 1 provides that the program will be in place for two years
and only apply in the counties of Allegany, Jefferson, Oswego, Madison,
and the portions of Saint Lawrence and Lewis counties which are located
outside of the Adirondack Park. All-terrain vehicles (ATVs) weighing up
to one thousand five hundred pounds will be allowed to register for the
program.
Subsection 2 provides that the ATVs registered under this program will
be required to have an unobstructed registration number with a plate on
the back of the AN.
Subsection 3 provides that failure to comply with any part of this
section will constitute a non-criminal violation punishable by fines
stated in this section.
Subsection 4 provides the circumstances under which a police officer or
Department of Environmental Conservation enforcement officer may impound
an AN.
Subsection 5 provides that the parents of minors found in violation of
this shall be liable for the fines and penalties enumerated in this
section.
Subsection 6 provides that the Department of Environmental Conservation
is responsible for the enforcement of the provisions in this section.
Subsection 7 provides that at the conclusion of this pilot program the
Commissioner of Transportation in consultation with the Commissioner of
the Department of Environmental Conservation shall assess the program
and submit a report to the Legislature and the Governor which includes,
but is not limited to, certain items.
 
JUSTIFICATION:
Currently, the law limits the size of ATVs that can be registered to
1,000 pounds or less. Yet, many new ATVs that are currently for sale
weigh more than 1,000 pounds. Therefore, many New York State residents
cannot register the ATVs they have legally purchased and own. This pose
a significant problem for many families and individuals throughout the
State.
This bill begins to address the issue of not being able to register ATVs
that weigh over 1,000 pounds by creating a two-year trial registration
program, in certain counties, for ATVs that weigh up to 1,500 pounds.
Registration of ATVs that are part of this program would require the
payment of a registration fee to the State and the display of an unob-
structed registration number with a plate on the back of the all-terrain
vehicle.
At the conclusion of the trial registration program the Commissioner of
the Department of Transportation, in consultation with the Commissioner
of the Department of Environmental Conservation, shall assess the
program and submit a report to the Legislature and the Governor" This
report shall include, but not be limited to, the environmental impact of
the program, the economic impact of the program, the revenue generated
by the program and any other considerations as determined by the Commis-
sioners. This pilot program, and the assessment at its conclusion, will
allow the State to gain a better understanding of the positive results
that will occur if ATVs weighing up to 1,500 pounds are able to be
registered in New York State.
 
PRIOR LEGISLATIVE HISTORY:
2019-2020: A.5530
2017-2018: A.5184
2013-2014: A.7132
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This bill will result in increased revenue for the state because ATVs
that were previously unable to be registered can now be registered for a
trial registration program.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
4282
2021-2022 Regular Sessions
IN ASSEMBLY
February 1, 2021
___________
Introduced by M. of A. SALKA -- 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 § 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.
LBD07881-01-1
A. 4282 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 § 2. This act shall take effect on the thirtieth day after it shall
19 have become a law.