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A00150 Summary:

COSPNSRCruz, Jean-Pierre, Reyes, Sayegh, DeStefano, Wallace, Steck, Taylor, Fahy, Jacobson, Zebrowski, Dinowitz, Seawright, Bores
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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A00150 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the opera- tion 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. Over 24,000 children under the age of sixteen are injured in ATV-related accidents each year. 1 Though 30% of ATV-related injuries and 13% of deaths involve minors, their hospitalization rates are 30% higher than for adults. 2 Traumatic brain injury is the leading cause of death for children under sixteen involved in fatal ATV accidents, with younger children (under six years) being at highest risk 3. 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 capable of operating these heavy, complex machines." This legislation amends the Vehicle and Traffic Law and makes several changes to promote greater ATV safety and to 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, children under sixteen will only be allowed to operate an ATV on public land, as permitted by section 2403 of the Vehi- cle 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 certif- icate. 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 certif- icate 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 certif- icate, will help to prevent senseless accidents and deaths.   PRIOR LEGISLATIVE HISTORY: 2021/2022: A.586, advanced to third reading/ S.680, passed Senate in 2021 and referred to transportation in 2022. 2020: A.6087, ordered to third reading / S.5035, referred to transporta- tion. 2019: A.6087, advanced to third reading / S.5035, passed Senate.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law. 1 A Systematic Review of Youth and All-Terrain Vehicles Safety in Agri- culturers. Frzaneh Khorsandi, Guiherme De Moura Araujo, and Fadi Fathal- lah. 2022. Journal of Agromedicine. Available at https://) ,,/10.1080/1059924X '"'("7") ' 2 American Academy of Pediatrics Recommendations for the Prevention of Pediatric ATV-Related Deaths and Injuries. Charles A. Jennissen, Gerene M. Denning, Mary E. Aitken, The Council on Injury, Violence, and Poison Prevention. 2022. Pediatrics 150(4). Available at https://doi.orgli 0.1542 /peds.2022-059279 3 2021 Report of Deaths and Injuries Involving Off-Highway Vehicles with More than Two Wheels. John Topping. Division of Hazard Analysis, US. Consumer Product Safety Commission. Available at https://www.cpsc..:.)v/cont.entr:.C.'. Repor',.eaths-and-:Epjpri es-
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