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A04971 Summary:

BILL NOA04971A
 
SAME ASSAME AS S01946-A
 
SPONSORRussell
 
COSPNSRRoberts, Weprin, Duprey, Lavine, Raia, Montesano, Englebright
 
MLTSPNSRBlankenbush, Magee, Palmesano, Tenney, Titone
 
Amd S2281, V & T L
 
Amends the definition of all terrain vehicles to include certain vehicles of up to seventy inches long and 1500 pounds which consist of a side-by-side passenger configuration for up to three passengers and which include certain safety features.
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A04971 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4971--A
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 13, 2013
                                       ___________
 
        Introduced  by  M. of A. RUSSELL, ROBERTS, WEPRIN, DUPREY, LAVINE, RAIA,
          MONTESANO -- Multi-Sponsored by -- M. of A. MAGEE,  PALMESANO,  TITONE
          -- read once and referred to the Committee on Transportation -- recom-
          mitted  to the Committee on Transportation in accordance with Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered

          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend the vehicle and traffic law, in relation to the defi-
          nition and use of all terrain vehicles
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1 of section 2281 of the vehicle and traffic
     2  law, as amended by chapter 319 of the laws of 1997, is amended  to  read
     3  as follows:
     4    1.  (a)  "All  terrain  vehicle" or "ATV" means (i) any self-propelled
     5  vehicle which is manufactured for sale for operation primarily  on  off-
     6  highway  trails  or off-highway competitions and only incidentally oper-
     7  ated on public highways providing that  such  vehicle  does  not  exceed
     8  seventy  inches  in  width, or one thousand pounds dry weight. Provided,

     9  however, this definition shall not include a "snowmobile" or other self-
    10  propelled vehicles manufactured for off-highway use exclusively designed
    11  for travel on snow or ice, steered by skis or runners and  supported  in
    12  whole  or  in part by one or more skis, belts or cleats which utilize an
    13  endless belt tread; or
    14    (ii) any self-propelled vehicle which is  manufactured  for  sale  for
    15  operation  primarily  on  off-highway trails or off-highway competitions
    16  and only incidentally  operated on public highways providing  that  such
    17  vehicle  does  not  exceed seventy inches in width, or one thousand five
    18  hundred pounds dry weight, consists of a side-by-side passenger  config-
    19  uration,  is  designed  for no more than three passengers and has safety

    20  features which include, but are not limited to, seat belts and roll-over
    21  bars.   Provided, however, that this  definition  shall  not  include  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08928-03-4

        A. 4971--A                          2
 
     1  "snowmobile" or other self-propelled vehicles manufactured for off-high-
     2  way  use exclusively designed for travel on snow or ice, steered by skis
     3  or runners and supported in whole or in part by one or more skis,  belts
     4  or cleats which utilize an endless belt tread.
     5    (b)  Notwithstanding  the  provisions of [paragraph (a)] subparagraphs

     6  (i) and (ii) of paragraph (a) of this subdivision, the [term] terms "all
     7  terrain vehicle" [or], "ATV" shall not  include  any  vehicle  used  for
     8  agricultural purposes or for snowplowing, other than for hire, provided,
     9  however,  that  any such vehicle shall register as an "all terrain vehi-
    10  cle" or "ATV" pursuant to the provisions of this article if such vehicle
    11  is used or is intended to be used for any purpose  other  than  agricul-
    12  tural  purposes  or for snowplowing and shall be regulated in accordance
    13  with provisions governing the operation of  "all  terrain  vehicles"  or
    14  "ATV's" while in such use.
    15    §  2.  This  act shall take effect on the thirtieth day after it shall
    16  have become a law.
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