Relates to the creation of an ATV trail fund

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.

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 § 2404 of the vehicle and traffic law to provide that no person shall operate an ATV 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, or faster than fifty-five miles per hour; nor on private lands unless expressly permitted; nor while filing or refusing to comply with law enforcement. This section also provides than an operator of an ATV shall keep the ATV lights on between sunset and sunrise, wear a helmet, and comply with the rules of road.

Section 7 amends § 2411 of the vehicle and traffic law to provide that an owner of an ATV must insure the ATV if the ATV is operated in this state on lands other than those privately owned by the ATV owner. This section also provides the duties of ATV owners.

Section 8 amends the state finance law by adding a new section 99-y 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 thereto and the payment of fees pursuant to § 2282 of the vehicle and traffic 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 9 amends § 2281 of the vehicle and traffic law define "all terrain vehicle" or "ATV" as 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 eight hundred pounds dry weight.

Section 10 amends the vehicle and traffic law by adding a new section 2414 creating ATV trespass violation fines. The money collected from the fines shall be put into the ATV Trail Fund established by § 99-x of the state finance law and shall be split 50% for enforcement, education and remediation, and fifty percent for trail maintenance, construction, and development.

Section 11 provides the effective date.

Existing law

§ 2281 of the Vehicle and Traffic Law defines all terrain vehicles or ATVs as 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. This bill increases the weight limit to one thousand eight hundred pounds dry weight.

§ 2282 of the Vehicle and Traffic Law describes the registration procedures of ATVs. Subdivision four of this section related to fees and requires that annual fees be collected for individual residents, individual nonresidents, dealers, and deal demonstrators. This section currently provides that the fees shall be deposited to the credit of the dedicated highway and bridge trust fund.

§ 2411 of the vehicle and traffic law provides that negligence in the use of ATV operation is attributable to the owner and every owner of an ATV used or operated in this state shall be liable and responsible for death or injury to persons or property resulting from negligent use or operation of such ATV, provided that the person operating the ATV had permission. The operator's negligence shall not be attributed to the owner in an cause of action accruing to the operator for such injuries or death.

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 Environmental 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 maintenance, 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 encouraging their use and development, while minimizing detrimental effects of such use upon the environment.

Legislative history

2015: Cultural Affairs, Parks and Tourism Committee

Fiscal implications

Potential for increased revenue.

Effective date

This act shall take effect immediately.