S T A T E   O F   N E W   Y O R K
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                                  7723

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2015
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  the  defi-
  nition  and  use  of  all terrain vehicles; to amend the environmental
  conservation law, in relation to regulating the  use  of  all  terrain
  vehicles  within  the  forest  preserve,  the Long Island central pine
  barrens and the Albany pine bush preserve, and providing penalties for
  violations of all terrain vehicle laws in such sensitive areas; and to
  amend the state finance law,  in  relation  to  establishing  the  all
  terrain vehicle trail development and maintenance fund

  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-
URATION AND HAS SAFETY FEATURES WHICH INCLUDE, BUT ARE NOT  LIMITED  TO,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11311-01-5
              

A. 7723                             2

SEAT  BELTS AND ROLL-OVER BARS.  PROVIDED, HOWEVER, THAT THIS DEFINITION
SHALL NOT INCLUDE A "SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES  MANU-
FACTURED  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.
  (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  agri-
cultural  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. Section 9-0303 of the environmental conservation law  is  amended
by adding a new subdivision 8 to read as follows:
  8. ALL TERRAIN VEHICLES. A. FOR THE PURPOSES OF THIS SUBDIVISION:
  (I)  "ALL TERRAIN VEHICLE" OR "ATV" MEANS (1) ANY SELF-PROPELLED VEHI-
CLE WHICH IS MANUFACTURED FOR SALE FOR OPERATION PRIMARILY ON  OFF-HIGH-
WAY 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 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 TRAV-
EL  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
  (2)  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-
URATION 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  MANU-
FACTURED  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.
  (II) "SNOWMOBILE" SHALL MEAN A MOTOR VEHICLE DESIGNED  FOR  TRAVEL  ON
SNOW OR ICE BY MEANS OF A COMBINATION OF TRACKS AND A SKI OR SKIS.
  B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE USE
OF ALL TERRAIN VEHICLES BY THE GENERAL PUBLIC WITHIN THE FOREST PRESERVE
IS PROHIBITED.
  C.  A  QUALIFIED  PERSON  WITH A DISABILITY TO WHOM THE DEPARTMENT HAS
ISSUED A NONTRANSFERABLE  TEMPORARY  REVOCABLE  PERMIT  PROVIDING  MOTOR
VEHICLE  ACCESS  TO  CERTAIN  STATE  LANDS UNDER THE JURISDICTION OF THE
DEPARTMENT MAY USE AN ALL TERRAIN VEHICLE  PURSUANT  TO  THE  TERMS  AND
CONDITIONS OF SUCH PERMIT.
  D. EMPLOYEES OF THE DEPARTMENT MAY USE ALL TERRAIN VEHICLES FOR APPRO-
PRIATE  ADMINISTRATIVE  PURPOSES WHERE NECESSARY AND CONSISTENT WITH THE
PROVISIONS OF THE ADIRONDACK PARK STATE LAND MASTER PLAN OR THE CATSKILL
PARK STATE LAND MASTER PLAN.  THE  DEPARTMENT  SHALL  NOT  DELEGATE  ITS
AUTHORITY PURSUANT TO THIS PARAGRAPH.
  E.  ALL  TERRAIN  VEHICLES  MAY BE USED BY APPROPRIATE OFFICIALS WHERE
NECESSARY FOR LAW ENFORCEMENT.

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  F. ALL TERRAIN VEHICLES MAY BE USED, BY OR UNDER  THE  SUPERVISION  OF
APPROPRIATE  OFFICIALS,  IN CASES OF SUDDEN, ACTUAL AND ONGOING EMERGEN-
CIES THAT INVOLVE THE  PROTECTION  OR  PRESERVATION  OF  HUMAN  LIFE  OR
INTRINSIC  RESOURCE  VALUES,  AND  THAT  INVOLVE SEARCH AND RESCUE OPER-
ATIONS, FOREST FIRES OR LARGE-SCALE CONTAMINATION OF WATER BODIES.
  S  3.  Subparagraph  (v)  of  paragraph  a of subdivision 2 of section
46-0111 of the environmental conservation law, as added by  chapter  792
of the laws of 1988, is amended to read as follows:
  (v)  other recreational uses; PROVIDED, HOWEVER, THAT, NOTWITHSTANDING
ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE USE OF ALL TERRAIN VEHI-
CLES BY THE GENERAL PUBLIC WITHIN  THE  ALBANY  PINE  BUSH  PRESERVE  IS
PROHIBITED.
  S 4. Paragraph (d) of subdivision 2 of section 57-0121 of the environ-
mental conservation law, as added by chapter 262 of the laws of 1993, is
amended to read as follows:
  (d)  promote  active and passive recreational and environmental educa-
tional uses that are consistent with the land use plan; PROVIDED, HOWEV-
ER, THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,
THE USE OF ALL TERRAIN VEHICLES BY THE GENERAL PUBLIC WITHIN THE CENTRAL
PINE BARRENS AREA IS PROHIBITED; and
  S  5.  The  environmental  conservation law is amended by adding a new
section 71-0717 to read as follows:
S 71-0717. ADDITIONAL ALL TERRAIN VEHICLE ENFORCEMENT ON SENSITIVE STATE
             LANDS.
  1. IN ADDITION TO THE  PENALTIES  SET  FORTH  IN  SUBDIVISION  ONE  OF
SECTION  71-0703 OF THIS TITLE, AND SECTIONS 71-4001 AND 71-4003 OF THIS
ARTICLE, A POLICE OFFICER OR PEACE OFFICER MAY IMMEDIATELY  IMPOUND  ANY
ALL  TERRAIN  VEHICLE  OPERATED  IN  VIOLATION  OF  SUBDIVISION EIGHT OF
SECTION 9-0303, PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION  57-0121  OR
SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVISION TWO OF SECTION 46-0111 OF
THIS  CHAPTER.   A SURCHARGE OF ONE HUNDRED DOLLARS SHALL BE PAID BY THE
OWNER OF SUCH VEHICLE, AND MONIES THEREFROM SHALL BE  DEPOSITED  INTO  A
SEPARATE,  NON-LAPSING  ALL  TERRAIN  VEHICLE  ENFORCEMENT  FUND  OF THE
IMPOUNDING LAW ENFORCEMENT AGENCY, EXCEPT AS PROVIDED BY SUBDIVISION TWO
OF THIS SECTION.
  2. WHERE THE IMPOUNDING OFFICER IS A PEACE  OFFICER  EMPLOYED  BY  THE
DEPARTMENT,  THE  ENVIRONMENTAL  REGULATORY ACCOUNT OF THE ENVIRONMENTAL
CONSERVATION SPECIAL REVENUE FUND SHALL  BE  CREDITED  WITH  THE  MONIES
RECEIVED FROM THE SURCHARGE REQUIRED BY SUBDIVISION ONE OF THIS SECTION.
MONIES COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE MADE AVAILABLE TO
THE  DEPARTMENT  FOR  THE  PURPOSE OF ENFORCING ALL TERRAIN VEHICLE LAWS
APPLICABLE TO THE FOREST PRESERVE, LONG ISLAND CENTRAL PINE BARRENS AREA
AND THE ALBANY PINE BUSH PRESERVE.
  S 6. The state finance law is amended by adding a new section 92-gg to
read as follows:
  S 92-GG. ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND  MAINTENANCE  FUND.
1.  THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER
OF PARKS, RECREATION AND HISTORIC PRESERVATION AND THE STATE COMPTROLLER
A SPECIAL FUND TO BE KNOWN AS THE "ALL TERRAIN VEHICLE TRAIL DEVELOPMENT
AND MAINTENANCE FUND". THE MONEYS IN SUCH FUND SHALL  BE  AVAILABLE  FOR
PAYMENT OF ANY AND ALL COSTS AND EXPENDITURES INCURRED IN PERFORMING ANY
OF  THE  WORK  REQUIRED  IN  DEVELOPING  AND MAINTAINING A SYSTEM OF ALL
TERRAIN VEHICLE TRAILS PURSUANT TO  SECTION  TWO  THOUSAND  TWO  HUNDRED
NINETY-TWO  OF THE VEHICLE AND TRAFFIC LAW, INCLUDING COSTS AND EXPENSES
INCIDENTAL AND APPURTENANT THERETO.

A. 7723                             4

  2. MONEYS IN ALL TERRAIN VEHICLE  TRAIL  DEVELOPMENT  AND  MAINTENANCE
FUND  SHALL BE KEPT SEPARATELY FROM AND SHALL NOT BE COMMINGLED WITH ANY
OTHER MONEYS IN THE JOINT OR SOLE CUSTODY OF THE  STATE  COMPTROLLER  OR
THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION.
  3.  THE  ALL  TERRAIN  VEHICLE  TRAIL DEVELOPMENT AND MAINTENANCE FUND
SHALL CONSIST OF THE REVENUES REQUIRED TO BE DEPOSITED THEREIN  PURSUANT
TO  THE PROVISIONS OF SECTION TWO THOUSAND TWO HUNDRED EIGHTY-TWO OF THE
VEHICLE AND TRAFFIC LAW AND ALL OTHER  MONEYS  CREDITED  OR  TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  4.  THE  MONEYS  IN SUCH FUND SHALL BE APPROPRIATED BY THE LEGISLATURE
AND PAID OUT PURSUANT TO SECTION TWO THOUSAND TWO HUNDRED NINETY-TWO  OF
THE VEHICLE AND TRAFFIC LAW.
  S  7.  The  vehicle and traffic law is amended by adding a new section
2292 to read as follows:
  S 2292. ATV TRAIL DEVELOPMENT AND MAINTENANCE. 1. EVERY COUNTY  ENGAG-
ING  AND ASSISTING IN THE DEVELOPMENT AND MAINTENANCE OF A SYSTEM OF ATV
TRAILS AND A PROGRAM WITH RELATION  THERETO  WITHIN  ITS  BOUNDARIES  IN
ORDER  TO  ENCOURAGE SAFETY, TOURISM AND UTILIZATION AND, IN THE EVENT A
COUNTY DOES NOT UNDERTAKE SUCH A PROGRAM, OR SYSTEM OF TRAILS, ANY CITY,
TOWN OR VILLAGE WITHIN SUCH COUNTY WHICH UNDERTAKES THE SAME,  SHALL  BE
ENTITLED  TO  RECEIVE,  IN  ACCORDANCE  WITH RULES AND REGULATIONS TO BE
PROMULGATED BY THE COMMISSIONER, STATE AID AS HEREINAFTER PROVIDED.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
COMMISSIONER  SHALL ESTABLISH A PLAN FOR THE DEVELOPMENT AND MAINTENANCE
OF ATV TRAILS AND FACILITIES IN THE VARIOUS COUNTIES OR  WHERE  APPLICA-
BLE,  CITIES,  TOWNS  OR VILLAGES OF THE STATE AS MAY BE APPROPRIATE AND
SHALL TAKE WHATEVER ACTION HE OR  SHE  DEEMS  NECESSARY  TO  FOSTER  AND
PROMOTE  THE  SAFE  UTILIZATION OF SUCH TRAILS AND FACILITIES; FOR THESE
PURPOSES, HE OR SHE MAY DRAW UPON THE MONEYS DEPOSITED IN THE ATV  TRAIL
DEVELOPMENT  AND  MAINTENANCE  FUND PURSUANT TO SECTION NINETY-TWO-GG OF
THE STATE FINANCE LAW FOR  EXPENSES,  INCLUDING  PERSONAL  SERVICES,  AS
APPROVED  BY  THE  COMPTROLLER  AND IS HEREBY AUTHORIZED TO ASSIGN THREE
EMPLOYEES OF HIS OR HER OFFICE TO CARRY OUT SUCH RESPONSIBILITIES AND TO
PAY THEIR SALARIES, BENEFITS AND EXPENSES OUT OF SUCH FUND.
  3. EVERY COUNTY OR, WHERE APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN
SUCH COUNTY, SHALL BE ELIGIBLE FOR A GRANT FOR THE DEVELOPMENT AND MAIN-
TENANCE OF A SYSTEM OF ATV TRAILS AND A PROGRAM  WITH  RELATION  THERETO
WITHIN ITS BOUNDARIES. SUCH GRANTS SHALL BE MADE BY THE COMMISSIONER AND
MAY  CONSTITUTE  UP  TO  ONE HUNDRED PERCENT OF THE COST OF SUCH PROGRAM
INCLUDING EXPENDITURES INCURRED FOR  SIGNS  AND  MARKERS  OF  SNOWMOBILE
TRAILS. ANY COUNTY OR, WHERE APPLICABLE, ANY CITY, TOWN OR VILLAGE WITH-
IN SUCH COUNTY, APPLYING FOR SUCH GRANT SHALL SUBMIT TO THE COMMISSIONER
BY SEPTEMBER FIRST OF EACH YEAR AN ESTIMATE OF SUCH EXPENDITURES FOR THE
CURRENT FISCAL YEAR, IN SUCH FORM AND CONTAINING SUCH INFORMATION AS THE
COMMISSIONER  MAY  REQUIRE.  NO CITY, TOWN OR VILLAGE MAY APPLY FOR SUCH
GRANT WHERE THE COUNTY WITHIN WHICH IT IS  CONTAINED  HAS  SUBMITTED  AN
APPLICATION  FOR  THE SAME FISCAL YEAR. FOR THE PURPOSE OF THIS SECTION,
"FISCAL YEAR" SHALL MEAN THE PERIOD FROM APRIL FIRST THROUGH MARCH THIR-
TY-FIRST. THE COMMISSIONER SHALL REVIEW ALL SUCH APPLICATIONS AND  SHALL
DETERMINE  THE  AMOUNT  OF  STATE AID TO BE ALLOCATED TO EACH COUNTY OR,
WHERE APPLICABLE, ANY CITY,  TOWN  OR  VILLAGE  WITHIN  SUCH  COUNTY  IN
ACCORDANCE  WITH  THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION. OF
THE AMOUNT THE COMMISSIONER DETERMINES EACH COUNTY OR, WHERE APPLICABLE,
ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY  IS  ELIGIBLE  TO  RECEIVE,
SEVENTY  PERCENT  SHALL  BE  MADE AVAILABLE FOR DISTRIBUTION BY NOVEMBER

A. 7723                             5

FIRST  AND  THIRTY  PERCENT  FOR  DISTRIBUTION  UPON  DEMONSTRATION   OF
COMPLETION, SUBMITTED BY JUNE FIRST, OF THE PROGRAM.
  4. NOT MORE THAN THIRTY PERCENT OF THE ATV TRAIL DEVELOPMENT AND MAIN-
TENANCE FUND PURSUANT TO SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW,
AS  DETERMINED  BY  THE  COMMISSIONER,  SHALL  BE  MADE AVAILABLE TO THE
COMMISSIONER AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION FOR  ATV
TRAIL DEVELOPMENT AND MAINTENANCE ON STATE OWNED LANDS; PROVIDED, HOWEV-
ER,  THAT  ANY SUCH MAINTENANCE AND DEVELOPMENT ON FOREST PRESERVE LANDS
SHALL BE UNDERTAKEN IN ACCORDANCE WITH THE MASTER PLAN FOR  THE  MANAGE-
MENT  OF  STATE  LANDS  PURSUANT TO SECTION EIGHT HUNDRED SIXTEEN OF THE
EXECUTIVE LAW.
  5. THE AMOUNT OF STATE AID TO BE ALLOCATED TO EACH  COUNTY  OR,  WHERE
APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY, SHALL BE DRAWN
UPON  THE  MONIES REMAINING IN THE ATV TRAIL DEVELOPMENT AND MAINTENANCE
FUND PURSUANT TO SECTION NINETY-TWO-GG OF THE STATE  FINANCE  LAW  AFTER
WITHDRAWAL  PURSUANT  TO  SUBDIVISIONS  TWO AND FOUR OF THIS SECTION AND
SHALL BE DETERMINED BY THE COMMISSIONER  AS  HEREINAFTER  PROVIDED.  THE
COMMISSIONER SHALL DETERMINE THE PERCENTAGE PROPORTION WHICH THE AUTHOR-
IZED  EXPENDITURES  OF  EACH INDIVIDUAL COUNTY OR, WHERE APPLICABLE, ANY
CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY SHALL BEAR TO THE TOTAL AUTHOR-
IZED EXPENDITURES OF ALL THE COUNTIES, CITIES, TOWNS OR VILLAGES FOR ATV
TRAIL DEVELOPMENT AND MAINTENANCE PURSUANT TO THIS  SECTION  DURING  THE
FISCAL  YEAR.  SUCH  PERCENTAGE PROPORTION SHALL THEN BE APPLIED AGAINST
THE AMOUNT RECEIVED IN ADDITIONAL FEES IMPOSED BY SECTION  TWO  THOUSAND
TWO  HUNDRED  EIGHTY-TWO OF THIS CHAPTER FOR REGISTRATION OF ATVS DURING
SUCH FISCAL YEAR, TO THE EXTENT ONLY AND NOT EXCEEDING  THE  BALANCE  OF
SUCH  FUND  REMAINING AFTER THE PAYMENT OF EXPENSES AS SET FORTH IN THIS
SECTION. THE AMOUNT THUS DETERMINED SHALL CONSTITUTE THE MAXIMUM  AMOUNT
OF  STATE  AID TO WHICH EACH COUNTY OR, WHERE APPLICABLE, ANY CITY, TOWN
OR VILLAGE WITHIN SUCH COUNTY, SHALL BE ENTITLED. THE COMMISSIONER SHALL
CERTIFY TO THE COMPTROLLER THE AMOUNT THUS DETERMINED  FOR  EACH  COUNTY
OR,  WHERE  APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY, AS
THE AMOUNT OF STATE AID TO BE  APPORTIONED  TO  SUCH  COUNTY  OR,  WHERE
APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY.
  S  8.  Subdivision 1 of section 2403 of the vehicle and traffic law is
amended by adding a new paragraph (c) to read as follows
  (C) AN ATV MAY OPERATE ON HIGHWAYS, FOR A DISTANCE NOT TO EXCEED  FIVE
HUNDRED  YARDS,  WHEN  IN  THE  DETERMINATION OF THE GOVERNMENTAL AGENCY
CONCERNED IT IS OTHERWISE IMPOSSIBLE FOR ATVS TO GAIN ACCESS TO AREAS OR
TRAILS ADJACENT TO THE HIGHWAY, FOR THE PURPOSE ONLY OF  GAINING  ACCESS
TO AND FROM THE AREAS OF OPERATION.
  S  9. Section 2403 of the vehicle and traffic law is amended by adding
a new subdivision 5 to read as follows:
  5. TRESPASS. THE VIOLATION OF SUBDIVISION ONE, TWO, THREE, OR  THREE-A
OF THIS SECTION SHALL BE A MISDEMEANOR AND SHALL CONSTITUTE A GROUND FOR
SUSPENSION  OR REVOCATION OF THE ATV SAFETY CERTIFICATE OF ANY PERSON OR
THE CERTIFICATE OF REGISTRATION OF ANY ATV INVOLVED IN  SUCH  VIOLATION.
THE COMMISSIONER MAY SUSPEND OR REVOKE THE ATV SAFETY CERTIFICATE OF THE
PERSON  COMMITTING  SUCH VIOLATION OR THE CERTIFICATE OF REGISTRATION OF
THE ATV INVOLVED IN SUCH VIOLATION IN ACCORDANCE WITH THE PROVISIONS  OF
SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
  S 10. Subdivision 1 of section 2405 of the vehicle and traffic law, as
added by chapter 402 of the laws of 1986, is amended to read as follows:
  1.  Highways.    (A)  Except  with  respect  to interstate highways or
controlled  access  highways,  the  department  of  transportation  with
respect to state highways, maintained by the state and any other govern-

A. 7723                             6

mental  agency  with  respect  to highways, including bridge and culvert
crossings, under its jurisdiction may designate and post any such public
highway or portion thereof as open for travel by ATVs when in the deter-
mination  of the governmental agency concerned, it is otherwise impossi-
ble for ATVs to gain access to areas or trails adjacent to the  highway.
Such  designations by a state agency shall be by rule or regulation, and
such designations by any municipality other than a state agency shall be
by local law or ordinance.
  (B) ANY ATV OPERATOR UTILIZING A HIGHWAY IN ACCORDANCE WITH  PARAGRAPH
(A)  OF  THIS  SUBDIVISION  SHALL  BE  IN POSSESSION OF A VALID DRIVER'S
LICENSE; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH  SHALL
NOT  APPLY  TO  AN OPERATOR UTILIZING A HIGHWAY IN ACCORDANCE WITH PARA-
GRAPH (C) OF SUBDIVISION ONE OF SECTION  TWENTY-FOUR  HUNDRED  THREE  OF
THIS ARTICLE.
  S  11.  Nothing  in this act shall be deemed to limit the authority of
any county, city, town or village to adopt or amend  any  local  law  or
ordinance  which  imposes  stricter  restrictions  and conditions on the
operation of all terrain vehicles than are  provided  or  authorized  by
this  act, so long as such local law or ordinance is consistent with the
authority to protect the order,  conduct,  health,  safety  and  general
welfare  of  persons or property. Nothing in this act shall be deemed to
alter or invalidate any local law or ordinance in effect on  the  effec-
tive date of this act.
  S  12.  This act shall take effect on the thirtieth day after it shall
have become a law.