NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3448
SPONSOR: Jones TITLE OF BILL:
An act to amend the parks, recreation and historic preservation law, the
vehicle and traffic law, the state finance law and the environmental
conservation law, in relation to the creation of an ATV recreation fund
and the use of ATVs
PURPOSE:
To create an ATV trail fund and statewide ATV trail system
SUMMARY OF PROVISIONS:
Section 1 provides the legislative intent and purpose.
Section 2 amends the parks, recreation and historic preservation law by
adding a new article 26 establishing the All-Terrain Vehicle Trail Fund.
This section sets forth the trail plan the rules and regulations of the
trail plan. The department shall promulgate regulations for the use of
ATVs with a view towards achieving sustainable use of ATVs and minimiz-
ing the detrimental effects upon environment. Nothing in this section
shall prohibit the department of environmental conservation to § 9-0303
from authorizing other ATV use on state-owned land. The commissioner
shall adopt rules and regulations.
Section 3 amends § 2282 of the vehicle and traffic law to provide that
registration of an ATV is required only for ATVs operated on lands other
than those private owned by the ATV owner.
Section 4 amends § 2282(4) of the vehicle and traffic law to provide
that fees collected pursuant to this section shall be deposited into the
ATV fund established pursuant to § 99-x of the state finance law, and
used only for those purposes enumerated in such section.
Section 5 amends § 2282(12) of the vehicle and traffic law to provide
that non-resident owners must pay an annual registration fee for ATVs
operated on lands other than those privately owned by the ATV owner.
Section 6 amends § 2411 of the vehicle and traffic law, ATV owners will
be held liable and responsible for death or injuries to persons or
damage to property resulting from negligence in use of operating ATVs.
ATV owners must be insured to operate on lands other than privately
owned by the ATV owner. It is recognized that driving an ATV is a volun-
tary activity and it is up to the ATV owner to ensure they are following
all procedures including keeping ATVs in proper order, following speed
limits, not operating ATVs in areas that are not for ATV use, familiar-
ize themselves with rules of the trail, not to leave the scene of any
accident resulting in injury or property damage.
Section 7 amends the state finance law by adding a new section 99-nn
establishing the ATV trail fund. The trail fund is established in the
joint custody of the commissioner of parks, recreation and historic
preservation and the comptroller consisting of moneys appropriated ther-
eto and the payment of fees pursuant to § 2282 of the vehicle and traf-
fic law. This section also provides that 10% of the monies in the ATV
trail fund shall be made available for the administrative costs of
administering such fund, forty five percent of all monies in the ATV
trail fund shall be made available for the maintenance, construction and
development of the statewide trail system, and 45% of all moneys in the
ATV train fund shall be made available for enforcing and educating the
public about the provisions of Article 26 of the parks, recreation, and
historic preservation law.
Section 8 amends that ATV means any self-propelled vehicles purpose is
off-highway does not exceed seventy inches in width or two thousand
pounds dry weight, including UTVs. This does not include snowmobiles, or
any other vehicle designed for snow or ice.
Section 9 amends § 2414 for trespass violation fines for operators of
ATVs, first violation is one hundred dollars, two hundred for a second
violation within one year of first violation. Five hundred dollars for
subsequent violations within one year of initial violation. Money
collected from fines will be put into the ATV recreation fund and be
split fifty percent for enforcement, education and remediation and fifty
percent for trail maintenance and trails constructions and motorized
access for the disabled.
Section 10 amends paragraph h of subdivision 1 of § 2404 is to read on
state lands under jurisdiction of the department of conservation and on
conservation easements under the department's jurisdiction, except as
specifically authorized by such department pursuant to § 90303 of envi-
ronmental conservation law: on public lands other than highways or on
private roads of another while in an intoxicated condition or under the
influence of narcotics or drugs.
Section 11 amends that ATV shall have the meaning in paragraph (a) of
subdivision one of § 22181, connector trail is a public highway or
portion open for travel by ATVs, private road shall have meaning set
forth in § 133 of the vehicle and traffic law, public highway has the
meaning set forth in § 134 of the vehicle and traffic law.
Section 12 amends that ATVs after April 1, 2026, shall be prohibited
state-owned lands under the department's jurisdiction and conservation
easements. After December 1, 2025, the department may authorize the
public use of ATVs inside the Adirondack and Catskill Parks. Connecter
trails within the Adirondack Park must be the best route that connect
the environment and does not exceed one and five tenths mile in length.
Trails should not exceed five miles and will be monitored by the depart-
ment. Connector trails in use before the effective date may remain in
use. The department may authorize the public use of ATVS if on public
highways on conservation easements held by the department, on ATV trails
and private roads on conservation easements held by the department, the
department may authorize the use of ATVS on state lands under jurisdic-
tion of the department other than those described in paragraphs a and b.
Persons with qualifying disabilities, who the department has issued a
permit to, may use ATVs at locations authorized by such permit and shall
comply with all requirements of section twenty-four hundred five. ATVs
may be used on state land under departments jurisdiction for law
enforcement and emergency purposes, should comply with all requirements
within the Adirondack and Catskill Parks. The provisions of this subdi-
vision shall only apply to lands within the Adirondack Park or under the
ruling of the department on or before April 1, 2026.
Section 13 amends this act shall take effect immediately.
JUSTIFICATION:
In order to best organize and sustain an environmentally sensitive
statewide system of trails for all terrain vehicles, this legislation
creates an ATV trail plan and trail fund. The control and supervision of
the trail fund shall be maintained by the Office of Parks, Recreation
and Historic preservation upon consultation with the Department of Envi-
ronmental Conservation. The Trail Fund is created for the purpose of
designating state, municipal, and private lands as part of a statewide
network of ATV trails. Fees obtained by the Office of Parks, Recreation
and Historic Preservation for the maintenance of the fund shall be
divided between enforcement, education, and remediation, and the mainte-
nance, construction, and development of the statewide trail system. It
is the purpose of this act to promote the safe and proper use of all-
terrain vehicles for recreation and commerce in this state by encourag-
ing their use and development, while minimizing detrimental effects of
such use upon the environment.
LEGISLATIVE HISTORY:
01/08/18 referred to tourism, parks, arts and sports development
02/28/18 amend and recommit to tourism, parks, arts and sports develop-
ment
02/28/18 print number 8908-A
01/15/19 referred to tourism, parks, arts and sports development
01/08/20 referred to tourism, parks, arts and sports development
FISCAL IMPLICATIONS:
Potential for increased revenue
EFFECTIVE DATE:
This act.shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3448
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
___________
Introduced by M. of A. JONES -- read once and referred to the Committee
on Tourism, Parks, Arts and Sports Development
AN ACT to amend the parks, recreation and historic preservation law, the
vehicle and traffic law, the state finance law and the environmental
conservation law, in relation to the creation of an ATV recreation
fund and the use of ATVs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent and purpose. In order to best organize
2 and sustain an environmentally sustainable statewide system of trails
3 for all terrain vehicles, the legislature hereby creates an ATV recre-
4 ation fund. The control and supervision of the recreation fund shall be
5 maintained by the office of parks, recreation and historic preservation
6 upon consultation with the department of environmental conservation. The
7 recreation fund is created for the purpose of designating state, munici-
8 pal and private lands as part of a statewide network of ATV trails. Fees
9 obtained by the office of parks, recreation and historic preservation
10 for the maintenance of the recreation fund shall be divided between
11 administration, enforcement, and a motorized access program for people
12 with disabilities. It is the purpose of this act to promote the safe
13 and proper use of all terrain vehicles for recreation and commerce in
14 this state by encouraging their use and development, while minimizing
15 detrimental effects of such use upon the environment and also promoting
16 access to all regardless of ability.
17 § 2. Title D of the parks, recreation and historic preservation law is
18 amended by adding a new article 26 to read as follows:
19 ARTICLE 26
20 ALL-TERRAIN VEHICLE RECREATION FUND
21 Section 26.01 Rules and regulations.
22 § 26.01 Rules and regulations. The department shall promulgate regu-
23 lations for the use of ATVs with a view towards achieving maximum use of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06717-01-5
A. 3448 2
1 ATVs and minimizing the detrimental effect thereof upon the environment.
2 Nothing in this section shall prohibit the department or the department
3 of environmental conservation pursuant to section 9-0303 of the environ-
4 mental conservation law from authorizing other ATV use on state-owned
5 lands. The commissioner shall adopt rules and regulations relating to
6 and including, but not limited to the following:
7 a. Use of ATVs insofar as fish and wildlife resources and natural
8 resources of the state.
9 b. Use of ATVs on public lands under the jurisdiction of the depart-
10 ment, providing for incorporating recreational and sportsman use into
11 UMPs developed for such lands.
12 c. Uniform signs or markers.
13 d. Requirements that new connector trails must comply with state laws
14 and regulations and, where applicable for state-owned lands, comply with
15 a unit management plan.
16 e. Provisions for current trails and trails pending approval on or
17 before the effective date of this article are preserved in perpetuity
18 and nothing shall restrict the use of commissioner policy three (CP3)
19 permits issued by the department of environmental conservation on these
20 trails.
21 § 3. Subdivision 1 of section 2282 of the vehicle and traffic law, as
22 amended by chapter 402 of the laws of 1986, is amended to read as
23 follows:
24 1. Except as hereinafter provided, no person shall operate any ATV
25 within the state on lands other than those privately owned by the ATV
26 owner unless such ATV has been registered and numbered in accordance
27 with the provisions of this article, and the registration number for
28 such ATV is in full force and effect and displayed as provided under
29 this article and regulations promulgated thereunder.
30 § 4. The closing paragraph of subdivision 4 of section 2282 of the
31 vehicle and traffic law, as added by section 4 of part G of chapter 59
32 of the laws of 2009, is amended and a new paragraph (h) is added to read
33 as follows:
34 [Notwithstanding any inconsistent provision of this section, the
35 difference collected between the fees set forth in paragraphs (a) and
36 (b) of this subdivision in effect on and after September first, two
37 thousand nine and the fees set forth in such paragraphs in effect prior
38 to such date shall be deposited to the credit of the dedicated highway
39 and bridge trust fund.]
40 (h) Fees collected pursuant to this section shall be deposited into
41 the ATV recreation fund established pursuant to section ninety-nine-ss
42 of the state finance law, and used only for those purposes enumerated in
43 such section.
44 § 5. Subdivision 12 of section 2282 of the vehicle and traffic law, as
45 added by chapter 671 of the laws of 1985, is amended to read as follows:
46 12. Out of state ATV registration. (a) The registration provisions of
47 this article shall not apply to non-resident owners who have registered
48 their ATVs in compliance with the registration and licensing laws of the
49 state, province, district or country of residence, provided that the ATV
50 is appropriately identified in accordance with the laws of the state of
51 residence. The provisions of this subdivision shall not apply to a resi-
52 dent of another state, province, district or country which does not have
53 an ATV registration and identification law. Nothing in this subdivision
54 shall be construed to authorize the operation of any ATV contrary to the
55 provisions of this article.
A. 3448 3
1 (b) Non-resident owners who reside in a jurisdiction which does not
2 have an ATV registration and identification law, shall pay an annual
3 fee, equal to that provided for pursuant to paragraph (b) of subdivision
4 four of this section to lawfully operate such ATV in the state on lands
5 other than those privately owned by the ATV owner.
6 § 6. Section 2411 of the vehicle and traffic law, as added by chapter
7 402 of the laws of 1986, is amended to read as follows:
8 § 2411. Liability for negligence. 1. Negligence in the use [of] or
9 operation of an ATV shall be attributable to the owner. Every owner of
10 an ATV used or operated in this state on lands other than those private-
11 ly owned by the ATV owner must be insured. Owners of ATVs used or oper-
12 ated in this state shall be liable and responsible for death or injury
13 to [person] persons or damage to property resulting from negligence in
14 the use or operation of such ATV [by any person using or operating the
15 same with the permission, express or implied, of such owner, provided,
16 however, that such operator's negligence shall not be attributed to the
17 owner as to any claim or cause of action accruing to the operator or his
18 legal representative for such injuries or death].
19 2. Duties of ATV owners and operators. It is recognized that driving
20 an ATV is a voluntary activity that may be hazardous. It shall be the
21 duty of ATV owners and operators:
22 (a) To keep their ATVs in proper working order.
23 (b) To follow any and all other rules of conduct as are prescribed
24 pursuant to section 26.01 of the parks, recreation and historic preser-
25 vation law.
26 (c) Not to operate an ATV in any area not designated for driving ATVs.
27 (d) Not to operate an ATV beyond the conditions that limit speed.
28 (e) To familiarize themselves with rules of the trail.
29 (f) Not to leave the scene of any accident resulting in personal inju-
30 ry or damage to the property beyond the trail.
31 § 7. The state finance law is amended by adding a new section 99-ss to
32 read as follows:
33 § 99-ss. ATV recreation fund. 1. There is hereby established in the
34 joint custody of the commissioner of parks, recreation and historic
35 preservation and the comptroller a fund to be known as the "ATV recre-
36 ation fund".
37 2. The ATV recreation fund shall consist of moneys appropriated there-
38 to, and funds transferred from any other fund or source including the
39 payment of fees pursuant to section twenty-two hundred eighty-two of the
40 vehicle and traffic law.
41 3. Ten percent of all moneys in the ATV recreation fund shall be
42 available for the administrative costs of administering such fund.
43 Forty-five percent of all moneys in the ATV recreation fund shall be
44 made available for the maintenance and construction for motorized access
45 for the disabled. Forty-five percent of all moneys in the ATV recreation
46 fund shall be made available for enforcing and educating the public
47 about the provisions of article twenty-six of the parks, recreation and
48 historic preservation law.
49 4. Monies shall be payable from the fund on the audit and warrant of
50 the state comptroller on vouchers approved and certified by the commis-
51 sioner of parks, recreation and historic preservation.
52 § 8. Paragraph (a) of subdivision 1 of section 2281 of the vehicle and
53 traffic law, as amended by chapter 319 of the laws of 1997, is amended
54 to read as follows:
55 (a) "All terrain vehicle" or "ATV" means any self-propelled vehicle
56 which is manufactured for sale for operation primarily on off-highway
A. 3448 4
1 trails or off-highway competitions and only incidentally operated on
2 public highways providing that such vehicle does not exceed seventy
3 inches in width, or [one thousand] two thousand two hundred pounds dry
4 weight, including vehicles that are classified as "utility terrain vehi-
5 cles" or "UTVs". Provided, however, this definition shall not include a
6 "snowmobile" or other self-propelled vehicles manufactured for off-high-
7 way use exclusively designed for travel on snow or ice, steered by skis
8 or runners and supported in whole or in part by one or more skis, belts
9 or cleats which utilize an endless belt tread.
10 § 9. The vehicle and traffic law is amended by adding a new section
11 2414 to read as follows:
12 § 2414. Trespass violation fine. Operators of ATVs which have been
13 cited for trespass shall be fined one hundred dollars for a first
14 violation; two hundred dollars for a second violation within three
15 hundred sixty-five days of the initial violation; and five hundred
16 dollars for subsequent violations within three hundred sixty-five days
17 of the initial violation. The money collected from the fines shall be
18 put into the ATV recreation fund established by section ninety-nine-ss
19 of the state finance law and shall be split fifty percent for enforce-
20 ment, education and remediation and the other fifty percent for trail
21 maintenance and trails construction and maintenance for the motorized
22 access for the disabled.
23 § 10. Section 1-0303 of the environmental conservation law is amended
24 by adding four new subdivisions 27, 28, 29 and 30 to read as follows:
25 27. "All terrain vehicle" or "ATV" shall have the meaning set forth in
26 paragraph (a) of subdivision one of section twenty-two hundred eighty-
27 one of the vehicle and traffic law.
28 28. "Connector trail" shall mean a public highway or portion thereof
29 open for travel by ATVs, any trails or portions thereof; and any exist-
30 ing railroad beds and private roads or portions thereof.
31 29. "Private road" shall have the meaning set forth in section one
32 hundred thirty-three of the vehicle and traffic law.
33 30. "Public highway" shall have the meaning set forth in section one
34 hundred thirty-four of the vehicle and traffic law.
35 § 11. Section 9-0303 of the environmental conservation law is amended
36 by adding a new subdivision 8 to read as follows:
37 8. All terrain vehicles. a. After April first, two thousand twenty-
38 six, the department, in consultation with the office of parks, recre-
39 ation and historic preservation may authorize the public use of ATVs on
40 forest preserve lands by the general public both inside and outside the
41 boundaries of the Adirondack park and on other state-owned lands under
42 the department's jurisdiction which are located within the boundaries of
43 the Adirondack park shall comply with the requirements of the Adirondack
44 park state land master plan.
45 b. Connector trails on forest preserve lands inside the Adirondack
46 park boundary:
47 i. shall follow the shortest reasonable route;
48 ii. shall not generally exceed one and six-tenths mile in length; and
49 iii. total connector trails shall not exceed a total mileage of five
50 miles and such mileage shall be administered by the department;
51 provided, however, that in the event that the total area of the Adiron-
52 dack park is expanded after the effective date of this subdivision, such
53 five total mileage limitation shall be expanded to reflect the ratio
54 that five miles is to the total acreage of such park on April first, two
55 thousand twenty-six.
A. 3448 5
1 Provided, however, connector trails in use prior to the effective date
2 of this subdivision may remain in use. Connector trails not exceeding
3 the mileage limits established by this subdivision may be extended on
4 state lands under the jurisdiction of the department other than those
5 described in this subdivision.
6 c. Persons with qualifying disabilities to whom the department has
7 issued a permit and a companion may use ATVs at the locations authorized
8 by such permit and pursuant to the terms and conditions of such permit.
9 Such authorization shall comply with the requirements of section twen-
10 ty-four hundred five of the vehicle and traffic law and other applicable
11 law.
12 d. ATVs may be used on state land under the department's jurisdiction
13 for appropriate administrative, law enforcement, and emergency purposes.
14 e. The provisions of this subdivision shall only apply to lands within
15 the boundaries of the Adirondack park or under the jurisdiction of the
16 department on or before January first, two thousand twenty-six.
17 § 12. This act shall take effect immediately.
