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Article 48B - NY Vehicle and Traffic Law

• NY Laws ›
• Vehicle and Traffic Law ›
• Title XI ›
• Article 48B

  S 2280. Jurisdiction of department. 1. The registration of all terrain
  vehicles  shall  be  under  the  jurisdiction of the department of motor
  vehicles.
    2.  Except  as  otherwise  expressly  provided  herein,  all  of   the
  provisions of this chapter shall apply to all terrain vehicles.

  S 2281. Definitions.  For  the  purposes of this article:  1. (a) "All
  terrain vehicle" or "ATV" means  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  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.
    (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this
  subdivision, the term "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 vehicle" 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 agricultural 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.
    2. "Dealer" means any person engaged in the business of  selling  ATVs
  at wholesale or retail.

   S 2282. Registration and permit. 1. Except as hereinafter provided, no
  person  shall  operate any ATV within the state unless such ATV has been
  registered and numbered  in  accordance  with  the  provisions  of  this
  article,  and  the registration number for such ATV is in full force and
  effect and displayed as provided  under  this  article  and  regulations
  promulgated thereunder.
    2.  The  commissioner  is  authorized  to  register  an  ATV,  issue a
  registration certificate and assign a registration number to  such  ATV.
  All  such  registrations  shall  be valid for a period prescribed by the
  commissioner unless, prior to expiration of the period prescribed by the
  commissioner,  it  is  surrendered,  cancelled,  revoked  or   suspended
  pursuant to the provisions of this article.
    3.  Unless  otherwise  prescribed by regulation of the commissioner, a
  number once assigned under this section shall remain with the registered
  ATV until the ATV is destroyed, abandoned or  permanently  removed  from
  the state, or until changed or terminated by the commissioner.
    4.  Fees.  Fees  for  registration  of  ATVs  to  be  collected by the
  commissioner under this article are as follows.
    (a) An  annual  fee  of  twelve  dollars  and  fifty  cents  for  each
  individual resident registration.
    (b)  An  annual  fee  of  twelve  dollars  and  fifty  cents  for each
  individual nonresident registration.
    (c) An annual fee of twenty-five dollars for each dealer registration.
    (d)  An  annual  fee  of  five  dollars  for  each  additional  dealer
  demonstrator registration number.
    (e)  A  fee  of  three dollars for replacement of a lost, mutilated or
  destroyed certificate.
    (f) Provided, however, that the provisions of paragraphs (c)  and  (d)
  of  this  subdivision with respect to the payment of dealer registration
  fees shall not apply to dealers  registered  pursuant  to  section  four
  hundred fifteen of this chapter.
    (g)  Annual  fees  shall  not  be  prorated  and  such  fees  shall be
  applicable to a year or any portion of a year.
  Notwithstanding  any  inconsistent  provision  of  this   section,   the
  difference  collected  between  the fees set forth in paragraphs (a) and
  (b) of this subdivision in effect on  and  after  September  first,  two
  thousand  nine and the fees set forth in such paragraphs in effect prior
  to such date shall be deposited to the credit of the  dedicated  highway
  and bridge trust fund.
    5.  Application.  The  owner  of each ATV requiring registration under
  this section shall  present  an  application  for  registration  to  the
  commissioner,   on   a  blank  to  be  prepared  and  furnished  by  the
  commissioner for that purpose. Such  application  shall  contain  or  be
  accompanied  by  such  evidence of the ownership of the ATV described in
  the application as may be required by the commissioner.
    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
  demonstrator  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.  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.
    6-a.  Registration  at time of sale. 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
  following the date of such sale; provided, however, that any all terrain
  vehicle  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 declaration shall be provided by the commissioner  to  each
  dealer.
    7.  Renewal.  Every  owner  of  an  ATV  and  dealer  shall  renew his
  registration in such manner as  the  commissioner  shall  prescribe,  on
  payment of the same registration fees as provided in subdivision four of
  this section.
    8.  Indicia  of registration. At the time of the original registration
  and at the time of each renewal thereof,  the  commissioner  shall  also
  issue  validating  forms  in  a  manner he has prescribed indicating the
  validity of the current registration and the  expiration  date  thereof,
  which  indicia  of  registration shall be affixed to the vehicle in such
  manner as the commissioner may prescribe.
    No ATV shall be considered as validly registered within the meaning of
  this section unless a  current  registration  certificate,  registration
  number and current indicia of registration have been issued.
    9.  Equipment  required.  No ATV shall be registered, nor shall such a
  registration be  renewed,  unless  the  ATV  is  equipped  with  brakes,
  muffler,  spark  arrester  and tires as prescribed in subdivision one of
  section twenty-four hundred six of this chapter.
    10. ATVs owned by governmental agencies. A registration  number  shall
  be  assigned,  without  payment of a fee, for ATVs owned by governmental
  agencies,  or  by  volunteer  organizations  if  used  exclusively   for
  emergency purposes, provided that each such ATV shall display the proper
  registration number assigned to it.
    11.  Exemption.  No  registrations shall be required for the following
  described ATVs:
    (a) ATVs owned and used by the United  States,  another  state,  or  a
  political  subdivision  thereof,  but such ATV shall display the name of
  the owner on the vehicle thereof.
    (b) ATVs covered by a valid registration or license of another  state,
  province or country, as provided in subdivision twelve of this section.
    12. Out of state ATV registration. The registration provisions of this
  article shall not apply to non-resident owners who have registered their
  ATVs  in  compliance  with  the  registration  and licensing laws of the
  state, province, district or country of residence, provided that the ATV
  is appropriately identified in accordance with the laws of the state  of
  residence.  The  provisions  of  this  subdivision  shall not apply to a
  resident of another state, province, district or country which does  not
  have  an  ATV  registration  and  identification  law.  Nothing  in this
  subdivision shall be construed to authorize the  operation  of  any  ATV
  contrary to the provisions of this article.

  S 2283. Display  of  registration.  1.  The  registration  number with
  indicia of registration assigned to an ATV shall  be  displayed  on  the
  vehicle  at  all  times  in  such  a  manner as the commissioner may, by
  regulation, prescribe.
    2. Dealer demonstrator  registration  numbers  shall  conform  to  the
  requirements  set  forth  in  subdivision  one  of this section with the
  exception  that,  unless  otherwise  prescribed  by  regulation  of  the
  commissioner,  the numbers assigned may be printed upon or attached to a
  removable plaque or plaques to be temporarily but firmly affixed to  the
  ATV being demonstrated or tested.
    3.  Numbers  issued  to  dealers  and manufacturers for the purpose of
  demonstration or testing shall be used exclusively  for  these  purposes
  and no other use is permitted.

  S 2284. Registration  record.  Upon  receipt of sufficient application
  for  registration  of  an  ATV,  as  provided  in  this   article,   the
  commissioner  shall  enter  upon  the  records  of  the  department  the
  registration of such vehicle under the distinctive  number  assigned  to
  such ATV as provided in this article.

   S 2285. Certificate  of  registration. 1. Certificate. Upon the filing
  of the application and payment of the fee as provided in  this  article,
  the  commissioner  shall  assign  to such ATV a distinctive number, and,
  without further  expense  to  the  applicant,  issue  a  certificate  of
  registration,  in  such  manner  and  form  as  the  commissioner  shall
  prescribe. In the event of the loss, mutilation or  destruction  of  any
  certificate  of  registration,  the owner of the registered ATV may file
  such statement and proof of the facts as the commissioner shall  require
  with  a fee of three dollars, with the department, for the issuance of a
  duplicate or substitute.
    2. Carrying certificate. Every person operating an ATV  registered  in
  accordance with any of the provisions of this article shall, upon demand
  of any magistrate, police officer or peace officer, when acting pursuant
  to  his  special  duties,  produce  for  inspection  the  certificate of
  registration  for  such  ATV  and  shall  furnish  to  such  person  any
  information  necessary for the identification of such ATV and its owner.
  The failure to produce  the  certificate  of  registration  as  provided
  herein  shall  not  be  an offense, but shall be presumptive evidence of
  operating an ATV which is not registered as required by this article.
    3. Change of residence. It shall be the duty of every owner holding  a
  certificate of registration to notify the department, in writing, of any
  change  of  residence  of  such  owner within ten days after such change
  occurs, and to inscribe on such certificate, in  the  place  provided  a
  record of such change of residence.
    4.   Change   of  ownership.  Whenever  an  ATV  is  transferred,  the
  certificate of registration shall be properly signed and executed by the
  owner showing that the ownership of the ATV  has  been  transferred  and
  such  certificate  shall  be  given  to  the  new  owner. In the case of
  transfer, except a transfer to a registered dealer, the new owner  shall
  apply   for   a   new  certificate  by  completing  an  application  for
  registration. Such application shall  be  submitted  to  the  department
  together  with  old  certificate of registration, properly signed by the
  previous owner, and the required fee of ten dollars. The old certificate
  of registration, properly signed by the previous owner or other  indicia
  as  prescribed  by  regulation  of  the commissioner, shall constitute a
  temporary registration for such new owner for a period determined by the
  commissioner from the date such ATV was transferred to the new owner. In
  the event that such ATV was purchased  from  a  registered  dealer,  the
  application  must  be accompanied by the old certificate of registration
  transferred to the dealer, the required fee, and by any other  forms  or
  documents completed and submitted as prescribed by the commissioner.
    5.  Destruction,  theft or removal from state. It shall be the duty of
  every owner of an ATV registered pursuant  to  the  provisions  of  this
  article  to notify the department, in writing, of the destruction, theft
  or permanent removal of such ATV from the state, within fifteen days  of
  acquiring  knowledge  thereof. In the event of destruction or theft, the
  certificate or registration shall be surrendered with such notice.

  S 2286. Licensing  by  municipalities.  No  municipality shall require
  licensing or registration of ATVs which are covered by the provisions of
  this article. Nothing herein shall prohibit the requirement of a  permit
  by  the  agency  or  municipality  having jurisdiction over any state or
  local park or any other public lands for use  of  ATVs  on  such  public
  lands.  A  municipality  may charge a fee for use of ATVs on such public
  lands.

  S 2287. Special  events.  ATVs  operated at special events pursuant to
  section twenty-four hundred eight of this chapter may be  exempted  from
  the provisions of this article concerning registration.

   S 2288. Responsibility  for  operation  by  minors.  No owner or other
  person in possession of any ATV shall authorize or knowingly permit  any
  person  under  sixteen  years of age to operate such ATV in violation of
  any provision of this article.

  S 2289. Violations.  Any  person  who  violates  any provision of this
  article or regulation adopted pursuant thereto  shall  be  guilty  of  a
  traffic infraction.

  S 2290. Rules  and regulations. The commissioner shall make such rules
  and regulations as he may deem necessary to carry out the provisions  of
  this article.

  S 2291. Disposition of fees. The commissioner shall deposit all monies
  received  from the registration of ATVs and all fees otherwise collected
  under this article to the credit of the general fund, as  prescribed  by
  section twenty-two hundred eighty-two of this chapter.

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