Relates to the creation of an ATV trail fund and the use of ATVs

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-y of the state finance law, and used only for those purposes enumerated in that 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 state lands under the jurisdiction of the department of environmental conservation and on conservation eastements under such department's jurisdiction or on state lands under the jurisdiction of the office of parks, recreation, and historic preservation, except as specifically authorized by the department of environmental conservation pursuant to § 9-0303 of the environmental conservation law and as authorized by the office of parks, recreation, and historic preservation pursuant to article 26 of the parks, recreation, and historic preservation law; nor on private lands unless expressly permitted; nor while failing 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 and operators.

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 trail 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 to 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-y of the state finance law and shall be split 50% for enforcement, education and remediation, and 50% for trail maintenance, construction, and development.

Section 11 amends § 1-0303 of the environmental conservation law by adding four new subdivisions providing, "all terrain vehicles" or "ATVs" shall have the same meaning set forth in § 2281(1) of the vehicle and traffic law; "connector trail," shall mean a public highway or portion thereof as open for travel by ATVs; "private road," shall have the meaning set forth in § 133 of the vehicle and traffic law.

Section 12 amends § 9-0303 of the environmental conservation law by adding a new subdivision providing, the public use of ATVs on state lands under the department's jurisdiction and on conservation easements under the department's jurisdiction is prohibited except as specifically authorized by the department in consultation with the office of parks, recreation, and historic preservation. This section also provides that after April 1, 2016 the department, in consultation with the office of parks, recreation, and historic preservation may authorize the public use of ATVs on forest preserve lands by the general public both inside and outside the boundaries of the Adirondack Park or Catskill Park, and on other state-owned lands under the department's jurisdiction which are located within the boundaries of the Adirondack or Catskill parks for connector trails only on public highways or portions thereof incompliance with § 2405(1) of the vehicle and traffic law and other applicable law. Connector trails on forest preserve lands inside the Adirondack park boundary must (i) follow the shortest reasonable route that is reasonably proactive of the environment and wildlife, (ii) not individually exceed 1.5 mile in length, and (iii) not exceed a total mileage of 45, provided that such mileage shall be administered by the department and such 45 total mileage limitation shall be expanded to reflect the ratio that 46 miles is to the total acreage of such park on April 1, 2016. The department, in consultation with the office of parks, recreation, and historic preservation may authorize public use of ATVs on state lands under the jurisdiction of the department, on public highways, and on conservation easements held by the department where such easement include the right to allow such use, provided that such authorization is in compliance with the requirements of § 2405 of the vehicle and traffic law. Persons with qualifying disabilities who have obtained an appropriate permit may use ATVs at the locations authorized by such permit, provided such authorization is in compliance with the requirements of § 2405 of the vehicle and traffic law. ATVs are authorized on state land under the department's jurisdiction for appropriate administrative, law enforcement, and emergency purposes. The provisions of this new subdivision apply only to lands within the boundaries of the Adirondack Park and Catskill Park under the jurisdiction of the department on or before January 1, 2016.

Section 13 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

New bill.

Fiscal implications

Potential for increased revenue.

Effective date

This act shall take effect immediately.