A06087 Summary:

BILL NOA06087
 
SAME ASSAME AS S05035
 
SPONSORPaulin
 
COSPNSRArroyo, D'Urso, Cruz, Jean-Pierre, Reyes, Sayegh, Gottfried, Mosley, Galef, DeStefano, Montesano, McDonough, Jaffee, Wallace, Steck, Taylor, Fahy
 
MLTSPNSREpstein, Simon
 
Amd 2409 & 2410, V & T L
 
Increases age for use of ATVs by minors from age ten to fourteen.
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A06087 Actions:

BILL NOA06087
 
02/27/2019referred to transportation
04/09/2019reported
04/25/2019advanced to third reading cal.204
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A06087 Committee Votes:

TRANSPORTATION Chair:Magnarelli DATE:04/09/2019AYE/NAY:17/6 Action: Favorable
MagnarelliAyeMcDonoughNay
PerryAyeDiPietroNay
LupardoAyeByrneNay
CrespoAyeMillerNay
ThieleAyeNorrisNay
BronsonAyeDeStefanoAye
SteckAyeWalczykNay
SimonAye
HunterAye
HyndmanAye
WilliamsAye
RyanExcused
WrightAbsent
FahyAye
FrontusAye
JacobsonAye
McMahonAye
RaynorAye

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A06087 Floor Votes:

There are no votes for this bill in this legislative session.
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A06087 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6087
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the operation of all-terrain vehicles by minors   PURPOSE: To raise the age of ATV operators to fourteen years of age, in certain circumstances.   SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends Section 2409(2) of Article 48C of the New York State Vehicle and Traffic Law to change the age of completing an ATV safety course and earning an ATV safety certificate from ten years of age to fourteen years of age. Section 2 of the bill amends Section 2410 (1) and (2) to eliminate the possibility of a sixteen year old with an ATV safety certificate super- vising a minor operating an ATV and to change the age of legal operation of an ATV by a minor from ten years of age to fourteen years of age, under certain circumstances. Section 3 provides the effective date.   JUSTIFICATION: Recent serious accidents and fatalities involving minors operating All- Terrain Vehicles (ATVs) have highlighted the need to enact legislation. In a study published by the Penn State College of Agricultural Sciences, which looked at accidents involving individuals eighteen and under between the years 2004 and 2014, 75% of the ATV fatalities were victims between the ages of ten and fourteen. * During this period, over 30,000 children age fourteen and under went to emergency rooms for ATV-related injuries, including fractured bones, head and facial injuries.** ATVs, depending on the particular model, can weigh 600 pounds or more, and reach speeds exceeding 70 miles per hour. Machines of this size and speed are not suitable for young children to operate. According to the American Academy of Pediatrics, operating ATVs is especially dangerous for young children, given their smaller size and relative immaturity; in addition the group believes that children are "not developmentally capa- ble of operating these heavy, complex machines." *** This legislation amends the Vehicle and Traffic Law and makes several changes to promote greater ATV safety and prevent tragedies involving minors. First, the allowable age to receive an ATV safety certificate will be raised from the current ten years to fourteen years or older. Currently, children as young as ten are permitted to earn an ATV safety certificate from the Department of Motor Vehicles by taking an approved safety course. Next, in relation to the operation of an ATV, children under sixteen will only be allowed to operate an ATV on public land, as permitted by section 2403 of the Vehicle and Traffic Law, as long as they are supervised by someone eighteen years or older. They would no longer be permitted to be supervised in the alternative by someone over sixteen who holds an ATV safety certificate. In addition, the bill rais- es to fourteen years old from the current ten the age at which a minor who has received a safety certificate may operate an ATV in the same manner as someone who is sixteen or older, meaning without supervision and on any area of land that is permissible for those sixteen and older. The Legislature must take steps to protect young children, whose inexpe- rience and lack of understanding of the potential dangers associated with ATV riding make them a vulnerable population. Raising the age to receive a safety certificate and operate an ATV in the same manner as a sixteen year old, as well as removing the provision in the law allowing for supervision by someone sixteen or older who has a safety certificate will help to prevent senseless accidents and deaths.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law. *ATVs and Youth: Matching Children and Vehicles. Dennis J. Murphy and William C. Harshman, Penn State College of Agricultural Sciences. Available at http://nasdonline.org/static_content/documents/1887/d001829.pdf. **Id ***ATVs Are Dangerous to Children: New Data Demonstrates Continued Risk of Injury and Death. American Academy of Pediatrics. January 23, 2018. Available at https://www.aap.org/en-us/about-the-aap/aap-pressroom/Pages/ATVDataCP SC.aspx.
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A06087 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6087
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 27, 2019
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Transportation
 
        AN  ACT  to amend the vehicle and traffic law, in relation to the opera-
          tion of all-terrain vehicles by minors
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  2 of section 2409 of the vehicle and traffic
     2  law, as added by chapter 402 of the laws of 1986, is amended to read  as
     3  follows:
     4    2.  Safety  certificate. Upon successful completion of a safety course
     5  given in conformity with subdivision one of this  section  by  a  person
     6  [ten] fourteen years of age or over, the person or entity which gave the
     7  course  shall  notify  the  commissioner  of such completion in a manner
     8  prescribed by the commissioner. The commissioner shall, upon receipt  of
     9  such  information, issue an ATV safety certificate to the person who has
    10  successfully completed the course. Such certificate may  be  limited  to
    11  the type of vehicle for which the course was given.
    12    §  2.  Subdivisions 1 and 2 of section 2410 of the vehicle and traffic
    13  law, as added by chapter 402 of the laws of 1986, are amended to read as
    14  follows:
    15    1. Except as provided by subdivision two of this  section,  no  person
    16  under  the  age  of sixteen years shall operate an ATV except upon lands
    17  owned or leased by his or her parent or guardian, unless he  or  she  is
    18  under  general supervision of a person eighteen years of age or over [or
    19  a person sixteen years of age or over who holds an  ATV  safety  certif-
    20  icate].  "Leased lands" as herein used shall not include lands leased by
    21  an organization of which said operator or his or her parent or  guardian
    22  is a member.
    23    2. A person [ten] fourteen years of age but less than sixteen years of
    24  age  who  has received safety training as prescribed by the commissioner
    25  and has received the appropriate ATV safety certificate  issued  by  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09896-03-9

        A. 6087                             2
 
     1  commissioner  may  operate  an ATV in the same manner as a person who is
     2  sixteen years of age or older.
     3    § 3. This act shall take effect on the one hundred twentieth day after
     4  it shall have become a law.
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A06087 LFIN:

 NO LFIN
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A06087 Chamber Video/Transcript:

5-1-19Video (@ 00:43:24)Transcript pdf Transcript html
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