NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A347
SPONSOR: Bronson TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to operation of
an all-terrain vehicle by a minor on public or private property
PURPOSE:
To ensure safety for operators of all-terrain vehicles on public or
private property.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 2410 of the vehicle and traffic
law, which relates to the operation of all-terrain vehicles by minors.
The language specifies that no person may operate an ATV with a
ANSI/SVIA 1-2010 certification label in violation of the age recommenda-
tion warning label placed by the manufacturer. It further states that a
person who is ten or eleven years of age may only operate an ATV with a
70cc engine size or less and that a person who is twelve or fifteen
years of age may only operate an ATV with a 90cc engine size or less, if
the vehicle does not bear a certification label conforming to ANSI/SVIA
1-2010.
Section 2 of the bill amends section 2406 of the vehicle and traffic
law, which relates to equipment necessary for ATV operation, to provide
that no person shall operate an ATV or ride as a passenger on private or
public lands unless they wear a helmet approved by the commissioner.
Section 3 of the bill provides an effective date.
JUSTIFICATION:
In a 2018 survey, the Consumer Federation of America found that 25.3
percent of respondents reported wearing a helmet while operating an ATV.
Current New York State Law does not require operators of ATVs to. wear
helmets. This legislation would ensure the safety of minors and opera-
tors by requiring the use of commissioner-approved helmets on private
and public lands and by limiting engine sizes for certain minors.
LEGISLATIVE HISTORY:
A1244 of 2021-22: referred to Transportation
A8659 of 2019-2020; referred to transportatio
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
347
2023-2024 Regular Sessions
IN ASSEMBLY
January 6, 2023
___________
Introduced by M. of A. BRONSON, MEEKS -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to operation of
an all-terrain vehicle by a minor on public or private property
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2410 of the vehicle and traffic law is amended by
2 adding a new subdivision 6 to read as follows:
3 6. No person shall operate an ATV bearing a certification label
4 conforming to ANSI/SVIA 1-2010 in violation of the age recommendation
5 warning label affixed by the manufacturer. An ATV not bearing a certif-
6 ication label conforming to ANSI/SVIA 1-2010 operating in the state by a
7 person who is ten or eleven years of age shall have an engine size of
8 70cc or less. An ATV not bearing a certification label conforming to
9 ANSI/SVIA 1-2010 operated in the state by a person who is between twelve
10 and fifteen years of age shall have an engine size of 90cc or less.
11 § 2. Subdivision 2 of section 2406 of the vehicle and traffic law, as
12 added by chapter 402 of the laws of 1986, is amended to read as follows:
13 2. No person shall operate an ATV or ride as a passenger on an ATV on
14 public or private property unless he is wearing a protective helmet of a
15 type approved by the commissioner pursuant to subdivision six of section
16 three hundred eighty-one of this chapter.
17 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01595-01-3
