Legislation
SECTION 2404
Operating rules
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 11, ARTICLE 48-C
§ 2404. Operating rules. 1. No person shall operate an ATV:
(a) at a rate of speed greater than is reasonable and prudent under
the conditions and having regard to the actual and potential hazards
then existing;
(b) in a careless, reckless or negligent manner so as to unreasonably
endanger the person or property of another or cause injury or damage
thereto;
(c) on the tracks or right-of-way of an operating railroad;
(d) in any tree nursery or planting in a manner that damages or
destroys growing stock, or creates a substantial risk thereto;
(e) while pulling a person on skis or drawing or towing a sleigh,
sled, toboggan, inflatable device or trailer which carries or transports
any person unless attached by a rigid support, connection or towbar;
(f) on the frozen surface of public waters: within one hundred feet of
any person other than a person riding on an ATV except at the minimum
speed required to maintain forward movement of the ATV, nor within one
hundred feet of a fishing shanty or shelter except at the minimum speed
required to maintain forward movement of the ATV nor on an area which
has been cleared of snow for skating purposes unless the area is
necessary for access to the public water;
(g) within one hundred feet of a dwelling between midnight and six
a.m., at a speed greater than minimum required to maintain forward
movement of the ATV;
(h) on public lands, other than highways, or on private property of
another while in an intoxicated condition or under the influence of
narcotics or drugs.
2. The operator of an ATV shall:
(a) stop and yield to an authorized ambulance, civil defense, or
police ATV or police vehicle being operated as an emergency vehicle and
approaching from any direction;
(b) comply with any lawful order or direction of any police officer or
other person duly empowered to enforce the laws relating to ATVs.
3. No person shall ride on or in a sleigh, sled, toboggan, inflatable
device or trailer which is being towed or trailed by an ATV unless
attached by a rigid support, connection or towbar.
4. A person operating an ATV shall ride only upon the permanent and
regular seat attached thereto, and such operator shall not carry any
other person nor shall any other person ride on an ATV unless such ATV
is designed to carry more than one person, in which event a passenger
may ride upon the permanent and regular seat if designed for two
persons, or upon another seat firmly attached to the ATV at the rear or
side of the operator.
5. For the purposes of title seven of this chapter, an ATV shall be a
motor vehicle and the provisions of such title shall be applicable to
ATVs.
6. Local laws and ordinances. Nothing contained in this article shall
be deemed to limit the authority of a county, city, town or village from
adopting or amending a local law or ordinance which imposes stricter
restrictions and conditions on the operation of ATVs than are provided
or authorized by this section so long as such local law or ordinance is
consistent with its authority to protect the order, conduct, health,
safety and general welfare of persons or property.
(a) at a rate of speed greater than is reasonable and prudent under
the conditions and having regard to the actual and potential hazards
then existing;
(b) in a careless, reckless or negligent manner so as to unreasonably
endanger the person or property of another or cause injury or damage
thereto;
(c) on the tracks or right-of-way of an operating railroad;
(d) in any tree nursery or planting in a manner that damages or
destroys growing stock, or creates a substantial risk thereto;
(e) while pulling a person on skis or drawing or towing a sleigh,
sled, toboggan, inflatable device or trailer which carries or transports
any person unless attached by a rigid support, connection or towbar;
(f) on the frozen surface of public waters: within one hundred feet of
any person other than a person riding on an ATV except at the minimum
speed required to maintain forward movement of the ATV, nor within one
hundred feet of a fishing shanty or shelter except at the minimum speed
required to maintain forward movement of the ATV nor on an area which
has been cleared of snow for skating purposes unless the area is
necessary for access to the public water;
(g) within one hundred feet of a dwelling between midnight and six
a.m., at a speed greater than minimum required to maintain forward
movement of the ATV;
(h) on public lands, other than highways, or on private property of
another while in an intoxicated condition or under the influence of
narcotics or drugs.
2. The operator of an ATV shall:
(a) stop and yield to an authorized ambulance, civil defense, or
police ATV or police vehicle being operated as an emergency vehicle and
approaching from any direction;
(b) comply with any lawful order or direction of any police officer or
other person duly empowered to enforce the laws relating to ATVs.
3. No person shall ride on or in a sleigh, sled, toboggan, inflatable
device or trailer which is being towed or trailed by an ATV unless
attached by a rigid support, connection or towbar.
4. A person operating an ATV shall ride only upon the permanent and
regular seat attached thereto, and such operator shall not carry any
other person nor shall any other person ride on an ATV unless such ATV
is designed to carry more than one person, in which event a passenger
may ride upon the permanent and regular seat if designed for two
persons, or upon another seat firmly attached to the ATV at the rear or
side of the operator.
5. For the purposes of title seven of this chapter, an ATV shall be a
motor vehicle and the provisions of such title shall be applicable to
ATVs.
6. Local laws and ordinances. Nothing contained in this article shall
be deemed to limit the authority of a county, city, town or village from
adopting or amending a local law or ordinance which imposes stricter
restrictions and conditions on the operation of ATVs than are provided
or authorized by this section so long as such local law or ordinance is
consistent with its authority to protect the order, conduct, health,
safety and general welfare of persons or property.