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A05147 Summary:

BILL NOA05147
 
SAME ASNo Same As
 
SPONSORGray
 
COSPNSR
 
MLTSPNSR
 
Amd Title D Title Head, add Art 26 §§26.01 & 26.03, Pks & Rec L; rpld §2282 sub 4 cl ¶, amd §§2282, 2404, 2411 & 2281, add §2414, V & T L; add §99-qq, St Fin L
 
Relates to the creation of an ATV trail fund.
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A05147 Actions:

BILL NOA05147
 
03/02/2023referred to tourism, parks, arts and sports development
01/03/2024referred to tourism, parks, arts and sports development
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A05147 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5147
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 2, 2023
                                       ___________
 
        Introduced  by  M. of A. GRAY -- read once and referred to the Committee
          on Tourism, Parks, Arts and Sports Development
 
        AN ACT to amend the parks, recreation and historic preservation law, the
          vehicle and traffic law and the state finance law, in relation to  the
          creation of an ATV trail fund

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent and purpose. In order to  best  organize
     2  and  sustain an environmentally sensitive statewide system of trails for
     3  all terrain vehicles, the legislature hereby creates an ATV trail  fund.
     4  The control and supervision of the trail fund shall be maintained by the
     5  office  of parks, recreation and historic preservation upon consultation
     6  with the department of environmental conservation.  The  trail  fund  is
     7  created  for  the  purpose  of  designating state, municipal and private
     8  lands as part of a statewide network of ATV trails. Fees obtained by the
     9  office of parks, recreation and historic preservation  for  the  mainte-
    10  nance  of  the  trail  fund  shall  be  divided  between administration,
    11  enforcement, education and remediation and maintenance, construction and
    12  development of the statewide trail system.  It is the  purpose  of  this
    13  act  to  promote  the  safe  and  proper use of all terrain vehicles for
    14  recreation and commerce in this  state  by  encouraging  their  use  and
    15  development,  while  minimizing detrimental effects of such use upon the
    16  environment.
    17    § 2. The title heading of title D of the parks, recreation and histor-
    18  ic preservation law is amended and a new article 26  is  added  to  such
    19  title to read as follows:
    20                               SNOWMOBILES AND
    21                            ALL-TERRAIN VEHICLES
    22                                 ARTICLE 26
    23                       ALL-TERRAIN VEHICLE TRAIL FUND
    24  Section 26.01 Trail plan.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07254-01-3

        A. 5147                             2
 
     1          26.03 Rules and regulations.
     2    §  26.01 Trail plan. The department shall prepare a statewide all-ter-
     3  rain vehicle trail plan providing for recreational use of  "all  terrain
     4  vehicles"  or  "ATVs"  on  permitted  state  and municipal lands and ATV
     5  designated trails on private lands to establish a statewide  network  of
     6  ATV  trails.  For  purposes  of this article, "ATV" means an all terrain
     7  vehicle as defined in section twenty-two hundred eighty-one of the vehi-
     8  cle and traffic law.
     9    § 26.03 Rules and regulations.  1.  The  department  shall  promulgate
    10  regulations  for  the  use of ATVs with a view towards achieving maximum
    11  use of ATVs and minimizing the detrimental effect thereof upon the envi-
    12  ronment. Nothing in this section  shall  prohibit  the  department  from
    13  authorizing  other ATV use on state owned lands.  The commissioner shall
    14  adopt rules and regulations relating to and including, but  not  limited
    15  to the following:
    16    a.  Use  of  ATVs  insofar  as fish and wildlife resources and natural
    17  resources of the state.
    18    b. Use of ATVs on public lands under the jurisdiction of  the  depart-
    19  ment,  providing  for  incorporating recreational and sportsman use into
    20  UMPs developed for such lands.
    21    c. Uniform signs or markers.
    22    d. Requirements for protection of private property  or  therein  occa-
    23  sioned by the use of ATVs.
    24    e.  Establishment of a comprehensive ATV information and safety educa-
    25  tion and training program, including provision for the issuance  of  ATV
    26  operation  and  safety  certificates  for  operation of ATVs by youthful
    27  operators and adult operators without a valid driver's license.
    28    f. Requirements that new connector trails must comply with state  laws
    29  and regulations and, where applicable for state-owned lands, comply with
    30  a  unit  management  plan and be subject to full public review and hear-
    31  ings.
    32    g. Requirements for municipalities for the designation of ATV  use  on
    33  other  public lands must be consistent with environmental impact assess-
    34  ments as prescribed by 6 NYCRR Part 617, and paragraph b of  subdivision
    35  one  and  paragraph  m  of subdivision two of section 3-0301 and section
    36  8-0113 of the environmental conservation law.
    37    h. Provisions for current trails and trails  pending  approval  on  or
    38  before  the  effective  date of this article are preserved in perpetuity
    39  and nothing shall restrict the use of commissioner  policy  three  (CP3)
    40  permits  issued by the department of environmental conservation on these
    41  trails.
    42    i. Provisions prohibiting the use of ATVs on state owned lands classi-
    43  fied as the following: Albany Pine Bush, Long Island  Pine  Barrens,  or
    44  land  or  water  classified as primitive or canoe pursuant to the master
    45  plan for management of state land.
    46    2. Operation by youthful operators shall be as follows:
    47    a. Persons between ten and fourteen years old must hold a valid safety
    48  certificate and be accompanied by an adult.
    49    b. Persons between fifteen and eighteen years old must  hold  a  valid
    50  safety certificate or driver's license.
    51    §  3. Subdivision 1 of section 2282 of the vehicle and traffic law, as
    52  amended by chapter 402 of the laws  of  1986,  is  amended  to  read  as
    53  follows:
    54    1.  Except  as  hereinafter  provided, no person shall operate any ATV
    55  within the state on lands other than those privately owned  by  the  ATV
    56  owner  unless  such  ATV  has been registered and numbered in accordance

        A. 5147                             3
 
     1  with the provisions of this article, and  the  registration  number  for
     2  such  ATV  is  in  full force and effect and displayed as provided under
     3  this article and regulations promulgated thereunder.
     4    §  4.  The  closing  paragraph of subdivision 4 of section 2282 of the
     5  vehicle and traffic law is REPEALED and a new paragraph (h) is added  to
     6  read as follows:
     7    (h)  Fees  collected  pursuant to this section shall be deposited into
     8  the ATV trail fund established pursuant to section ninety-nine-qq of the
     9  state finance law, and used only for those purposes enumerated  in  such
    10  section.
    11    § 5. Subdivision 12 of section 2282 of the vehicle and traffic law, as
    12  added by chapter 671 of the laws of 1985, is amended to read as follows:
    13    12.  Out of state ATV registration. (a) The registration provisions of
    14  this article shall not apply to non-resident owners who have  registered
    15  their ATVs in compliance with the registration and licensing laws of the
    16  state, province, district or country of residence, provided that the ATV
    17  is  appropriately identified in accordance with the laws of the state of
    18  residence. The provisions of this subdivision shall not apply to a resi-
    19  dent of another state, province, district or country which does not have
    20  an ATV registration and identification law. Nothing in this  subdivision
    21  shall be construed to authorize the operation of any ATV contrary to the
    22  provisions of this article.
    23    (b)  Non-resident  owners who have registered their ATVs in compliance
    24  with the registration and licensing laws of a jurisdiction  out  of  the
    25  state, or who reside in a jurisdiction which does not have an ATV regis-
    26  tration  and  identification law, shall pay an annual fee, equal to that
    27  provided for pursuant to paragraph  (b)  of  subdivision  four  of  this
    28  section  to  lawfully  operate such ATV in the state on lands other than
    29  those privately owned by the ATV owner.
    30    § 6. Section 2404 of the vehicle and traffic law, as added by  chapter
    31  402  of the laws of 1986, paragraph (e) of subdivision 1 and subdivision
    32  3 as amended by chapter 554 of the laws of 2005, is amended to  read  as
    33  follows:
    34    § 2404. Operating rules. 1. No person shall operate an ATV:
    35    (a)  at  a  rate of speed greater than is reasonable and prudent under
    36  the conditions and having regard to the  actual  and  potential  hazards
    37  then existing or faster than fifty-five miles per hour;
    38    (b)  in a careless, reckless or negligent manner so as to unreasonably
    39  endanger the person or property of another or  cause  injury  or  damage
    40  thereto;
    41    (c) on the tracks or right-of-way of an operating railroad;
    42    (d)  in  any  tree  nursery  or  planting  in a manner that damages or
    43  destroys growing stock, or creates a substantial risk thereto;
    44    (e) while pulling a person on skis or  drawing  or  towing  a  sleigh,
    45  sled, toboggan, inflatable device or trailer which carries or transports
    46  any person unless attached by a rigid support, connection or towbar;
    47    (f) on the frozen surface of public waters: within one hundred feet of
    48  any  person  other  than a person riding on an ATV except at the minimum
    49  speed required to maintain forward movement of the ATV, nor  within  one
    50  hundred  feet of a fishing shanty or shelter except at the minimum speed
    51  required to maintain forward movement of the ATV nor on  an  area  which
    52  has  been cleared of snow for skating purposes unless the area is neces-
    53  sary for access to the public water;
    54    (g) within one hundred feet of a dwelling  between  midnight  and  six
    55  a.m., at a speed greater than minimum required to maintain forward move-
    56  ment of the ATV;

        A. 5147                             4
 
     1    (h)  on  public  lands, other than highways, or on private property of
     2  another while in an intoxicated condition  or  under  the  influence  of
     3  narcotics or drugs;
     4    (i) on private lands unless expressly permitted; or
     5    (j) while failing or refusing to comply with law enforcement.
     6    2. The operator of an ATV shall:
     7    (a)  stop  and  yield  to  an  authorized ambulance, civil defense, or
     8  police ATV or police vehicle being operated as an emergency vehicle  and
     9  approaching from any direction;
    10    (b) comply with any lawful order or direction of any police officer or
    11  other person duly empowered to enforce the laws relating to ATVs;
    12    (c) keep the ATV lights on between sunset and sunrise;
    13    (d) wear a helmet;
    14    (e)  comply  with  the  rules of the road including but not limited to
    15  adherence to signage, posted speed limits, traveling on the  right  edge
    16  of the paved/road surface and riding single file.
    17    3. [No person shall ride on or in a sleigh, sled, toboggan, inflatable
    18  device  or  trailer  which  is  being  towed or trailed by an ATV unless
    19  attached by a rigid support, connection or towbar.
    20    4. A person operating an ATV shall ride only upon  the  permanent  and
    21  regular  seat  attached  thereto,  and such operator shall not carry any
    22  other person nor shall any other person ride on an ATV unless  such  ATV
    23  is  designed  to  carry more than one person, in which event a passenger
    24  may ride upon the  permanent  and  regular  seat  if  designed  for  two
    25  persons,  or upon another seat firmly attached to the ATV at the rear or
    26  side of the operator.
    27    5.] For the purposes of title seven of this chapter, an ATV shall be a
    28  motor vehicle and the provisions of such title shall  be  applicable  to
    29  ATVs.
    30    [6.]  4.  Local laws and ordinances. Nothing contained in this article
    31  shall be deemed to limit the  authority  of  a  county,  city,  town  or
    32  village from adopting or amending a local law or ordinance which imposes
    33  stricter  restrictions  and conditions on the operation of ATVs than are
    34  provided or authorized by this section so long  as  such  local  law  or
    35  ordinance  is  consistent  with  its  authority  to  protect  the order,
    36  conduct, health, safety and general welfare of persons or property.
    37    § 7. Section 2411 of the vehicle and traffic law, as added by  chapter
    38  402 of the laws of 1986, is amended to read as follows:
    39    § 2411. 1.  Liability  for  negligence.  Negligence in the use [of] or
    40  operation of an ATV shall be attributable to the owner. Every  owner  of
    41  an ATV used or operated in this state on lands other than those private-
    42  ly  owned by the ATV owner must be insured. Owners of ATVs used or oper-
    43  ated in this state shall be liable and responsible for death  or  injury
    44  to  [person]  persons or damage to property resulting from negligence in
    45  the use or operation of such ATV [by any person using or  operating  the
    46  same  with  the permission, express or implied, of such owner, provided,
    47  however, that such operator's negligence shall not be attributed to  the
    48  owner as to any claim or cause of action accruing to the operator or his
    49  legal representative for such injuries or death].
    50    2.  Duties  of ATV owners and operators. It is recognized that driving
    51  an ATV is a voluntary activity that may be hazardous. It  shall  be  the
    52  duty of ATV owners and operators:
    53    (a) To keep their ATVs in proper working order.
    54    (b)  To  follow  any  and all other rules of conduct as are prescribed
    55  pursuant to section 26.03 of the parks, recreation and historic  preser-
    56  vation law.

        A. 5147                             5
 
     1    (c) Not to operate an ATV in any area not designated for driving ATVs.
     2    (d) Not to operate an ATV beyond the conditions that limit speed.
     3    (e) To familiarize themselves with rules of the trail.
     4    (f) Not to leave the scene of any accident resulting in personal inju-
     5  ry or damage to the property beyond the trail.
     6    § 8. The state finance law is amended by adding a new section 99-qq to
     7  read as follows:
     8    §  99-qq.  ATV trail fund. 1. There is hereby established in the joint
     9  custody of the commissioner of parks, recreation and historic  preserva-
    10  tion and the comptroller a fund to be known as the "ATV trail fund".
    11    2.  The  ATV  trail fund shall consist of moneys appropriated thereto,
    12  and funds transferred from  any  other  fund  or  source  including  the
    13  payment of fees pursuant to section twenty-two hundred eighty-two of the
    14  vehicle and traffic law.
    15    3.  Ten percent of all moneys in the ATV trail fund shall be available
    16  for the administrative costs  of  administering  such  fund.  Forty-five
    17  percent  of all moneys in the ATV trail fund shall be made available for
    18  the maintenance, construction and development  of  the  statewide  trail
    19  system.  Forty-five percent of all moneys in the ATV trail fund shall be
    20  made  available  for  enforcing  and  educating  the  public  about  the
    21  provisions  of  article twenty-six of the parks, recreation and historic
    22  preservation law.
    23    4. Moneys shall be payable from the fund on the audit and  warrant  of
    24  the  state comptroller on vouchers approved and certified by the commis-
    25  sioner of parks, recreation and historic preservation.
    26    § 9. Paragraph (a) of subdivision 1 of section 2281 of the vehicle and
    27  traffic law, as amended by chapter 319 of the laws of 1997,  is  amended
    28  to read as follows:
    29    (a)  "All  terrain  vehicle" or "ATV" means any self-propelled vehicle
    30  which is manufactured for sale for operation  primarily  on  off-highway
    31  trails  or  off-highway  competitions  and only incidentally operated on
    32  public highways providing that such  vehicle  does  not  exceed  seventy
    33  inches  in  width,  or  one  thousand  eight  hundred pounds dry weight.
    34  Provided, however, this definition shall not include a  "snowmobile"  or
    35  other  self-propelled  vehicles  manufactured for off-highway use exclu-
    36  sively designed for travel on snow or ice, steered by  skis  or  runners
    37  and  supported  in whole or in part by one or more skis, belts or cleats
    38  which utilize an endless belt tread.
    39    § 10. The vehicle and traffic law is amended by adding a  new  section
    40  2414 to read as follows:
    41    §  2414.  Trespass  violation  fine. Operators of ATVs which have been
    42  cited for trespass shall be  fined  one  hundred  dollars  for  a  first
    43  violation;  two  hundred  dollars  for  a  second violation within three
    44  hundred sixty-five days of  the  initial  violation;  and  five  hundred
    45  dollars  for  subsequent violations within three hundred sixty-five days
    46  of the initial violation. The money collected from the  fines  shall  be
    47  put into the ATV trail fund established by section ninety-nine-qq of the
    48  state  finance  law  and  shall  be split fifty percent for enforcement,
    49  education and remediation and the other fifty percent for trail  mainte-
    50  nance and trail construction and development.
    51    § 11. This act shall take effect immediately.
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