S T A T E   O F   N E W   Y O R K
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                                 1946--A
    Cal. No. 646

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. RITCHIE, GRIFFO, BONACIC, GALLIVAN, LARKIN, LITTLE,
  MARCHIONE, MAZIARZ, O'MARA, SEWARD, YOUNG -- read  twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Trans-
  portation -- recommitted to the Committee on Transportation in accord-
  ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN  ACT  to  amend the vehicle and traffic law, in relation to the defi-
  nition of an all terrain vehicle or "ATV"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1 of section 2281 of the vehicle and traffic
law, as amended by chapter 319 of the laws of 1997, is amended  to  read
as follows:
  1.  (a)  "All  terrain  vehicle" or "ATV" means (I) any self-propelled
vehicle which is manufactured for sale for operation primarily  on  off-
highway  trails  or off-highway competitions and only incidentally oper-
ated on public highways providing that  such  vehicle  does  not  exceed
seventy  inches  in  width, or one thousand pounds dry weight. Provided,
however, this definition shall not include a "snowmobile" or other self-
propelled vehicles manufactured for off-highway use exclusively designed
for travel on snow or ice, steered by skis or runners and  supported  in
whole  or  in part by one or more skis, belts or cleats which utilize an
endless belt tread; OR
   (II) ANY SELF-PROPELLED VEHICLE WHICH IS MANUFACTURED  FOR  SALE  FOR
OPERATION  PRIMARILY  ON  OFF-HIGHWAY TRAILS OR OFF-HIGHWAY COMPETITIONS
AND ONLY INCIDENTALLY  OPERATED ON PUBLIC HIGHWAYS PROVIDING  THAT  SUCH
VEHICLE  DOES  NOT  EXCEED SEVENTY INCHES IN WIDTH, OR ONE THOUSAND FIVE
HUNDRED POUNDS DRY WEIGHT, CONSISTS OF A SIDE-BY-SIDE PASSENGER  CONFIG-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD01397-02-4

S. 1946--A                          2

URATION,  IS  DESIGNED  FOR NO MORE THAN THREE PASSENGERS AND HAS SAFETY
FEATURES WHICH INCLUDE, BUT ARE NOT LIMITED TO, SEAT BELTS AND ROLL-OVER
BARS.   PROVIDED, HOWEVER, THAT THIS  DEFINITION  SHALL  NOT  INCLUDE  A
"SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES MANUFACTURED FOR OFF-HIGH-
WAY  USE EXCLUSIVELY DESIGNED FOR TRAVEL ON SNOW OR ICE, STEERED BY SKIS
OR RUNNERS AND SUPPORTED IN WHOLE OR IN PART BY ONE OR MORE SKIS,  BELTS
OR CLEATS WHICH UTILIZE AN ENDLESS BELT TREAD.
  (b)  Notwithstanding  the  provisions of [paragraph (a)] SUBPARAGRAPHS
(I) AND (II) OF PARAGRAPH (A) of this subdivision, the [term] TERMS "all
terrain vehicle" [or], "ATV" shall not  include  any  vehicle  used  for
agricultural purposes or for snowplowing, other than for hire, provided,
however,  that  any such vehicle shall register as an "all terrain vehi-
cle" or "ATV" pursuant to the provisions of this article if such vehicle
is used or is intended to be used for any purpose  other  than  agricul-
tural  purposes  or for snowplowing and shall be regulated in accordance
with provisions governing the operation of  "all  terrain  vehicles"  or
"ATV's" while in such use.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.