|SAME AS||No Same As|
|Add §2292, V & T L|
|Relates to the all terrain vehicle or "ATV" trial registration program.|
|02/13/2019||referred to transportation|
A05530 Committee Votes:Go to top
A05530 Floor Votes:
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5530 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.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   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 poses 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: 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.
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STATE OF NEW YORK ________________________________________________________________________ 5530 2019-2020 Regular Sessions IN ASSEMBLY February 13, 2019 ___________ 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. LBD09376-01-9A. 5530 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.
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