S T A T E O F N E W Y O R K
________________________________________________________________________
2773--A
2023-2024 Regular Sessions
I N S E N A T E
January 24, 2023
___________
Introduced by Sens. KRUEGER, JACKSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Cities 1 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the administrative code of the city of New York and the
vehicle and traffic law, in relation to prohibiting the sale of ATVs
and off-highway motorcycles in the city of New York; and to amend the
vehicle and traffic law, in relation to requiring the purchaser of an
ATV purchased for use in the state of New York to sign a declaration
stating that such purchaser understands all laws and regulations
governing the use of such ATV in the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 5 of title 20 of the administrative code of the
city of New York is amended by adding a new subchapter 13-A to read as
follows:
SUBCHAPTER 13-A
SALES OF ALL TERRAIN VEHICLES AND OFF-HIGHWAY MOTORCYCLES
§ 20-764 OFF-HIGHWAY MOTORCYCLE. A. FOR PURPOSES OF THIS SECTION, AN
OFF-HIGHWAY MOTORCYCLE SHALL HAVE THE SAME DEFINITION SET FORTH IN
SECTION ONE HUNDRED TWENTY-FIVE-A OF THE VEHICLE AND TRAFFIC LAW.
B. NO CORPORATION, PARTNERSHIP, FIRM, SOLE PROPRIETORSHIP OR OTHER
ENTITY OR PERSON SHALL SELL, LEASE OR RENT OR ATTEMPT TO SELL, LEASE OR
RENT AN OFF-HIGHWAY MOTORCYCLE TO ANOTHER PERSON IN THE CITY OF NEW
YORK.
C. ANY CORPORATION, PARTNERSHIP, FIRM, SOLE PROPRIETORSHIP OR OTHER
ENTITY OR PERSON WHO VIOLATES SUBDIVISION B OF THIS SECTION SHALL BE
LIABLE FOR A CIVIL PENALTY OF ONE THOUSAND DOLLARS FOR A FIRST VIOLATION
AND A CIVIL PENALTY OF TWO THOUSAND DOLLARS FOR EACH SUBSEQUENT
VIOLATION WITHIN ONE YEAR. EACH SALE, LEASE OR RENTAL, OR ATTEMPT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07380-02-3
S. 2773--A 2
SELL, LEASE OR RENT, AN OFF-HIGHWAY MOTORCYCLE SHALL BE DEEMED A SEPA-
RATE VIOLATION. AUTHORIZED EMPLOYEES OF THE DEPARTMENT, THE POLICE
DEPARTMENT, AND OF ANY OTHER AGENCY DESIGNATED BY THE MAYOR, SHALL HAVE
THE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION. SUCH PENALTIES
SHALL BE RECOVERED IN A CIVIL ACTION OR IN A PROCEEDING COMMENCED BY THE
SERVICE OF A NOTICE OF HEARING THAT SHALL BE RETURNABLE BEFORE THE
ADMINISTRATIVE TRIBUNAL OF THE DEPARTMENT. IN ADDITION, SUCH VIOLATION
SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHABLE IN ACCORDANCE WITH
SECTION EIGHTEEN HUNDRED OF THE VEHICLE AND TRAFFIC LAW.
D. ANY OFF-HIGHWAY MOTORCYCLE THAT HAS BEEN USED OR IS BEING USED IN
VIOLATION OF THE PROVISIONS OF THIS SECTION MAY BE IMPOUNDED AND SHALL
NOT BE RELEASED UNTIL ANY AND ALL REMOVAL CHARGES AND STORAGE FEES AND
THE APPLICABLE FINES HAVE BEEN PAID OR A BOND HAS BEEN POSTED IN AN
AMOUNT SATISFACTORY TO THE COMMISSIONER OF THE AGENCY THAT IMPOUNDED
SUCH DEVICE.
§ 20-766 ALL TERRAIN VEHICLE. A. FOR PURPOSES OF THIS SECTION, AN ALL
TERRAIN VEHICLE SHALL HAVE THE SAME DEFINITION SET FORTH IN SECTION
TWENTY-TWO HUNDRED EIGHTY-ONE OF THE VEHICLE AND TRAFFIC LAW.
B. NO CORPORATION, PARTNERSHIP, FIRM, SOLE PROPRIETORSHIP OR OTHER
ENTITY OR PERSON SHALL SELL, LEASE OR RENT OR ATTEMPT TO SELL, LEASE OR
RENT AN ALL TERRAIN VEHICLE TO ANOTHER PERSON IN THE CITY OF NEW YORK.
C. ANY CORPORATION, PARTNERSHIP, FIRM, SOLE PROPRIETORSHIP OR OTHER
ENTITY OR PERSON WHO VIOLATES SUBDIVISION B OF THIS SECTION SHALL BE
LIABLE FOR A CIVIL PENALTY OF ONE THOUSAND DOLLARS FOR A FIRST VIOLATION
AND A CIVIL PENALTY OF TWO THOUSAND DOLLARS FOR EACH SUBSEQUENT
VIOLATION WITHIN ONE YEAR. EACH SALE, LEASE OR RENTAL, OR ATTEMPT TO
SELL, LEASE OR RENT, AN ALL TERRAIN VEHICLE SHALL BE DEEMED A SEPARATE
VIOLATION. AUTHORIZED EMPLOYEES OF THE DEPARTMENT, THE POLICE DEPART-
MENT, AND OF ANY OTHER AGENCY DESIGNATED BY THE MAYOR, SHALL HAVE THE
AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION. SUCH PENALTIES
SHALL BE RECOVERED IN A CIVIL ACTION OR IN A PROCEEDING COMMENCED BY THE
SERVICE OF A NOTICE OF HEARING THAT SHALL BE RETURNABLE BEFORE THE
ADMINISTRATIVE TRIBUNAL OF THE DEPARTMENT. IN ADDITION, SUCH VIOLATION
SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHABLE IN ACCORDANCE WITH
SECTION EIGHTEEN HUNDRED OF THE VEHICLE AND TRAFFIC LAW.
D. ANY ALL TERRAIN VEHICLE THAT HAS BEEN USED OR IS BEING USED IN
VIOLATION OF THE PROVISIONS OF THIS SECTION MAY BE IMPOUNDED AND SHALL
NOT BE RELEASED UNTIL ANY AND ALL REMOVAL CHARGES AND STORAGE FEES AND
THE APPLICABLE FINES HAVE BEEN PAID OR A BOND HAS BEEN POSTED IN AN
AMOUNT SATISFACTORY TO THE COMMISSIONER OF THE AGENCY THAT IMPOUNDED
SUCH DEVICE.
§ 2. Subdivisions 6 and 6-a of section 2282 of the vehicle and traffic
law, subdivision 6 as amended by chapter 402 of the laws of 1986 and
subdivision 6-a as added by section 1 of part D of chapter 59 of the
laws of 2005, are amended to read as follows:
6. Dealers. (a) Any person who is a dealer, and who is not registered
as a dealer pursuant to section four hundred fifteen of this chapter,
shall register as an ATV dealer and operate in accordance with the rules
and regulations of the commissioner for ATV dealers. The commissioner,
upon receipt of an application and the required fee, shall assign a
distinctive dealer registration number to the registrant and issue an
appropriate registration certificate to him and assign two dealer demon-
strator registration numbers and upon the payment of the appropriate
fee, such additional numbers as shall be requested. Dealer registrations
and dealer demonstrator registration numbers shall not be transferable.
S. 2773--A 3
Provided, however, the commissioner may limit the number of dealer
demonstration registration numbers issued to a dealer.
(b) No dealer shall sell or offer for retail sale any ATV, other than
an ATV identified and sold for use only in off-highway competitions,
which is not equipped with all equipment necessary for the registration
of an ATV.
(C) NO DEALER SHALL SELL OR OFFER FOR RETAIL SALE ANY ATV, OTHER THAN
AN ATV IDENTIFIED AND SOLD FOR USE OUTSIDE THE CITY OF NEW YORK.
6-a. Registration at time of sale. (A) Every all terrain vehicle
defined by section twenty-two hundred eighty-one of this article sold by
a dealer shall be registered at the time of sale of such vehicle. Such
registration shall be valid until the thirty-first day of August follow-
ing the date of such sale; provided, however, that any all terrain vehi-
cle sold after April first of each year shall be issued a registration
valid until the thirty-first day of August in the year following that in
which the all terrain vehicle is sold. Any all terrain vehicle purchased
for use exclusively outside of the state of New York shall not require
registration at the time of purchase, and the purchaser of such all
terrain vehicle shall sign a declaration, provided by the dealer, which
shall state that such purchaser understands the conditions under which
an all terrain vehicle must be registered and the penalty for violation
of such registration provisions. EACH SIGNED DECLARATION SHALL BE
FORWARDED BY THE DEALER TO THE COMMISSIONER. THE FORM OF SUCH DECLARA-
TION SHALL BE PROVIDED BY THE COMMISSIONER TO EACH DEALER.
(B) EACH PURCHASER OF AN ALL TERRAIN VEHICLE PURCHASED FOR USE IN THE
STATE OF NEW YORK SHALL SIGN A DECLARATION, PROVIDED BY THE DEALER,
WHICH SHALL STATE THAT SUCH PURCHASER UNDERSTANDS ALL LAWS AND REGU-
LATIONS GOVERNING THE USE OF SUCH ALL TERRAIN VEHICLE ON PUBLIC ROAD-
WAYS, SIDEWALKS, AND PUBLIC HIGHWAYS INCLUDING WITHOUT LIMITATION THE
PROHIBITION ON OPERATING AN ALL TERRAIN VEHICLE ON PUBLIC PROPERTY WITH-
IN THE CITY OF NEW YORK. SUCH DECLARATION SHALL ALSO STATE THAT THE
PURCHASER UNDERSTANDS THE PENALTIES FOR VIOLATION OF SUCH LAWS. Each
signed declaration shall be forwarded by the dealer to the commissioner.
The form of such declaration shall be provided by the commissioner to
each dealer.
§ 3. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
