Authorizes the seizure and impoundment of all terrain vehicles and off-highway motorcycles operated in violation of the vehicle and traffic law in a city having a population of one million or more

Section 424 of the Vehicle and Traffic Law is amended to authorize police officers or peace officers acting pursuant to his or her special duties the power to seize any all terrain vehicle or off-highway motorcycle when such vehicle is in violation of title seven or eleven of this chapter in a city having a population of one million or more.

The Vehicle and Traffic law is amended by adding a new section 424-a: Redemption and return of certain all terrain vehicles and off-highway motorcycles.

The Vehicle and Traffic Law is amended by adding a new section 2414 to define "seizure" of an all terrain vehicle in a city having a population of one million or more. This new section shall also specify the penalties for the owner of any all terrain vehicle or off-highway motorcycle operated in violation of the provisions of this chapter.

Justification

Urban areas are characterized by the number of people within city limits and the resulting population density which must be considered when governing vehicle and traffic laws.

New York State is made great by our robust agricultural economy in more rural areas which require alternative types of vehicles that can handle all terrains and off-road travel. In an area like New York City, with so many automobiles and people on our roadways, we must restrict those vehicles intended for off-road use to the areas and properties than can accommodate them.

All-terrain vehicles or off-highway motorcycles, such as dirt bikes, are not typically equipped with the tire width, identifying plates, light fixtures and other signal mechanics necessary to navigate-the roadways of a highly populated and trafficked city and ultimately to legally operate such vehicles for public road use. Additionally, the very design of such vehicles allows- maneuvering that is especially dangerous in high-traffic areas and these features (absence of a license plate, limited or absent turn and break signals and small tires that allow for weaving through high-traffic areas) assist in the evasion of law enforcement.

Across the country, ATV deaths and injuries significantly affect teenagers who are allowed to operate these off-road vehicles. According to the 2012 Annual Report on ATV Death and Injuries submitted by the U.S. Consumer Product Safety Commission, "In 2012, there were an estimated 107,900 ATV-related, emergency department-treated injuries in the United States. An estimated 26,500 (25 percent) of these were children younger than 16 years of age." In New York State, over 60 deaths resulting from ATVs occurred between 2009 and 2012. New York State bans the use of these vehicles on public roads with exceptions made for certain areas. New York City is an area which requires more strict enforcement of the ban due to the deaths and injuries occurring on our public roadways and the unavailability of appropriate areas for these vehicles except for private property.

In order to reduce the dangers of and deaths resulting from operating off-road vehicles on public roadways in high pedestrian and automobile traffic areas, the seizure of such vehicles must discourage repeat offenses or prevent the operation of such vehicles on the road. Law enforcement must assume the costs to store and secure vehicles until appropriate actions are taken with the owner to remedy the illegal use of the vehicle, so fines are necessary not only as a penalty but for the administration of the lawful seizure.

Prior legislative history

None.

Fiscal implications

To be determined

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.