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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10543 Summary: BILL NO S10543 &nbsp SAME AS No Same As &nbsp SPONSOR WEBB &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §§2403 & 2410, add Art 48-D §§2500 - 2511, Art 48-E §§2600 - 2613, V & T L &nbsp Enacts the "ATV, UTV, ROV safe riding protection act"; provides for the registration and operation of utility task vehicles.

Go to top S10543 Text:

STATE OF NEW YORK ________________________________________________________________________

10543

IN SENATE

May 19, 2026 ___________

Introduced by Sen. WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to enacting the "ATV, UTV, ROV safe riding protection act"

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Short title. This act shall be known and may be cited as 2 the "ATV, UTV, ROV safe riding protection act". 3 § 2. Section 2403 of the vehicle and traffic law is amended by adding 4 two new subdivisions 5 and 6 to read as follows: 5 5. Minimum age and licensure. No person shall operate an ATV unless 6 they are over the age of sixteen years and maintain a valid driver's 7 license to operate a motor vehicle in accordance with New York state 8 law. 9 6. Speed of operation. No person shall operate an ATV at a speed in 10 excess of thirty miles per hour, unless such ATV is being operated upon 11 a dedicated ATV track or thoroughfare, in accordance with corresponding 12 guidelines and safety equipment approved by the commissioner. 13 § 3. Subdivisions 1, 2, 4 and 5 of section 2410 of the vehicle and 14 traffic law, as added by chapter 402 of the laws of 1986, subdivisions 1 15 and 2 as amended by chapter 539 of the laws of 2023, are amended to read 16 as follows: 17 1. Except as provided by subdivision two of this section, no person 18 under the age of sixteen years shall operate an ATV [ except upon lands 19 owned or leased by his or her parent or guardian, unless he or she is 20 under general supervision of a person eighteen years of age or over. 21 "Leased lands" as herein used shall not include lands leased by an 22 organization of which said operator or his or her parent or guardian is 23 a member ]. 24 2. [ A person fourteen years of age but less than sixteen years of age 25 who has received safety training as prescribed by the commissioner and 26 has received the appropriate ATV safety certificate issued by the 27 commissioner may operate an ATV in the same manner as a person who is 28 sixteen years of age or older. ] No person shall operate an ATV unless

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15937-01-6

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1 they are over the age of sixteen years and maintain a valid driver's 2 license to operate a motor vehicle in accordance with New York state 3 law. A person fourteen years or older, and any person who does not main- 4 tain a valid driver's license, may however, operate an ATV, exclusively 5 upon lands owned or leased by such operator's parent or guardian, under 6 the supervision of such parent or guardian, or a person eighteen years 7 of age or over designated by such parent or guardian to supervise such 8 operation. "Leased lands" as used in this subdivision shall not include 9 lands leased by an organization of which said operator or such opera- 10 tor's parent or guardian is a member. 11 4. [ No ] Except as provided by subdivision two of this section, no 12 parent or guardian shall authorize or knowingly permit [ his ] such parent 13 or guardian's child or ward, if under sixteen years of age, or who does 14 not maintain a valid driver's license to operate a motor vehicle, to 15 operate an ATV in violation of any provision of this article, any rules 16 or regulations promulgated thereunder, or the provisions of any local 17 law or ordinance. 18 5. [ No ] Except as provided by subdivision two of this section, no 19 owner or other person in possession of any ATV shall authorize or know- 20 ingly permit any person under sixteen years of age , or who does not 21 maintain a valid driver's license to operate a motor vehicle, to oper- 22 ate [ such ] an ATV in violation of any provision of this article, any 23 rules or regulations promulgated thereunder, or the provisions of any 24 local law or ordinance. 25 § 4. The vehicle and traffic law is amended by adding a new article 26 48-D to read as follows: 27 ARTICLE 48-D 28 REGISTRATION OF UTILITY TASK VEHICLES 29 Section 2500. Jurisdiction of department. 30 2501. Definitions. 31 2502. Registration and permit. 32 2503. Display of registration. 33 2504. Registration record. 34 2505. Certificate of registration. 35 2506. Licensing by municipalities. 36 2507. Special events. 37 2508. Responsibility for operation by minors. 38 2509. Violations. 39 2510. Rules and regulations. 40 2511. Disposition of fees. 41 § 2500. Jurisdiction of department. 1. The registration of utility 42 task vehicles shall be under the jurisdiction of the department. 43 2. Except as otherwise expressly provided, all of the provisions of 44 this chapter shall apply to utility task vehicles. 45 § 2501. Definitions. For the purposes of this article, the following 46 terms shall have the following meanings: 47 1. (a) "utility task vehicle" or "UTV" shall mean: 48 (i) a side-by-side, four-wheel drive, off-road vehicle that is ridden 49 in and not on, has four wheels, that is propelled by an internal 50 combustion engine with a piston displacement capacity of one thousand 51 two hundred cubic centimeters or less, and has a total dry weight of 52 five hundred but less than two thousand six hundred pounds, and that may 53 or may not contain a roll over protection system and/or roll bar 54 protection; or 55 (ii) a side-by-side, four wheel drive, off-road vehicle that is ridden 56 in and not on, has four wheels, that is propelled by an electric engine,

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1 which has the equivalent power of an internal combustion engine with a 2 piston displacement capacity of one thousand two hundred cubic centime- 3 ters or less, and has a total dry weight of five hundred but less than 4 two thousand six hundred pounds, and that may or may not contain a roll 5 over protection system and/or roll bar protection. 6 (b) Provided, however, that the term "utility task vehicle" or "UTV" 7 shall not include an all terrain vehicle, a golf cart, a mini truck, or 8 a snowmobile, or other self-propelled vehicles manufactured for off- 9 highway use exclusively designed for travel on snow or ice, steered by 10 skis or runners and supported in whole or in part by one or more skis, 11 belts or cleats which utilize an endless belt tread. 12 (c) Notwithstanding the provisions of paragraphs (a) and (b) of this 13 subdivision, the term "utility task vehicle" or "UTV" shall not include 14 any vehicle used for agricultural purposes or for snowplowing, other 15 than for hire, provided, however, that any such vehicle shall register 16 as an utility task vehicle or UTV pursuant to the provisions of this 17 article if such vehicle is used or is intended to be used for any 18 purpose other than agricultural purposes or for snowplowing and shall be 19 regulated in accordance with provisions governing the operation of util- 20 ity task vehicles or UTVs while in such use. 21 2. "dealer" means any person engaged in the business of selling UTVs 22 at wholesale or retail. 23 § 2502. Registration and permit. 1. Except as provided in this 24 section, no person shall operate any UTV within the state unless such 25 UTV has been registered and numbered in accordance with the provisions 26 of this article, and the registration number for such UTV is in full 27 force and effect and displayed as provided under this article and regu- 28 lations promulgated thereunder. 29 2. The commissioner is authorized to register a UTV, issue a registra- 30 tion certificate and assign a registration number to such UTV. All such 31 registrations shall be valid for a period prescribed by the commissioner 32 unless, prior to expiration of the period prescribed by the commission- 33 er, it is surrendered, cancelled, revoked or suspended pursuant to the 34 provisions of this article. 35 3. Unless otherwise prescribed by regulation of the commissioner, a 36 number once assigned under this section shall remain with the registered 37 UTV until the UTV is destroyed, abandoned or permanently removed from 38 the state, or until changed or terminated by the commissioner. 39 4. Fees for registration of UTVs to be collected by the commissioner 40 under this article are as follows: 41 (a) an annual fee of twelve dollars and fifty cents for each individ- 42 ual resident registration. 43 (b) an annual fee of twelve dollars and fifty cents for each individ- 44 ual nonresident registration. 45 (c) an annual fee of twenty-five dollars for each dealer registration. 46 (d) an annual fee of five dollars for each additional dealer demon- 47 strator registration number. 48 (e) a fee of three dollars for replacement of a lost, mutilated or 49 destroyed certificate. 50 (f) Provided, however, that the provisions of paragraphs (c) and (d) 51 of this subdivision with respect to the payment of dealer registration 52 fees shall not apply to dealers registered pursuant to section four 53 hundred fifteen of this chapter. 54 (g) Annual fees shall not be prorated, and such fees shall be applica- 55 ble to a year or any portion of a year.

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1 (h) Notwithstanding any inconsistent provision of this section, the 2 difference collected between the fees set forth in paragraphs (a) and 3 (b) of this subdivision in effect on and after September first, two 4 thousand twenty-five and the fees set forth in such paragraphs in effect 5 prior to such date shall be deposited to the credit of the dedicated 6 highway and bridge trust fund, established pursuant to section eighty- 7 nine-b of the state finance law. 8 5. The owner of each UTV requiring registration under this section 9 shall present an application for registration to the commissioner, on a 10 document to be prepared and furnished by the commissioner for that 11 purpose. Such application shall contain or be accompanied by such 12 evidence of the ownership of the UTV described in the application as may 13 be required by the commissioner. 14 6. (a) Any person who is a dealer, and who is not registered as a 15 dealer pursuant to section four hundred fifteen of this chapter, shall 16 register as a UTV dealer and operate in accordance with the rules and 17 regulations of the commissioner for UTV dealers. 18 (b) The commissioner, upon receipt of an application and the required 19 fee, shall assign a distinctive dealer registration number to the regis- 20 trant and issue an appropriate registration certificate to such person 21 and assign two dealer demonstrator registration numbers and upon the 22 payment of the appropriate fee, such additional numbers as shall be 23 requested. Dealer registrations and dealer demonstrator registration 24 numbers shall not be transferable. Provided, however, the commissioner 25 may limit the number of dealer demonstrator registration numbers issued 26 to a dealer. 27 (c) No dealer shall sell or offer for retail sale any UTV, other than 28 a UTV identified and sold for use only in off-highway competitions, 29 which is not equipped with all equipment necessary for the registration 30 of a UTV. 31 7. (a) Every utility vehicle sold by a dealer shall be registered at 32 the time of sale of such vehicle. Such registration shall be valid until 33 the thirty-first day of August following the date of such sale; 34 provided, however, that any utility task vehicle sold after April first 35 of each year shall be issued a registration valid until the thirty-first 36 day of August in the year following that in which the utility task vehi- 37 cle is sold. 38 (b) Any utility task vehicle purchased for use exclusively outside of 39 the state of New York shall not require registration at the time of 40 purchase, and the purchaser of such utility task vehicle shall sign a 41 declaration, provided by the dealer, which shall state that such 42 purchaser understands the conditions under which an utility task vehicle 43 must be registered and the penalty for violation of such registration 44 provisions. Each signed declaration shall be forwarded by the dealer to 45 the commissioner. The form of such declaration shall be provided by the 46 commissioner to each dealer. 47 8. Every owner of a UTV and dealer shall renew their registration in 48 such manner as the commissioner shall prescribe, on payment of the same 49 registration fees as provided in subdivision four of this section. 50 9. (a) At the time of the original registration and at the time of 51 each renewal thereof, the commissioner shall also issue validating forms 52 in a manner such commissioner has prescribed indicating the validity of 53 the current registration and the expiration date thereof, which indicia 54 of registration shall be affixed to the vehicle in such manner as the 55 commissioner may prescribe.

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1 (b) No UTV shall be considered as validly registered within the mean- 2 ing of this section unless a current registration certificate, registra- 3 tion number and current indicia of registration have been issued. 4 10. No UTV shall be registered, nor shall such a registration be 5 renewed, unless the UTV is equipped with brakes, muffler, spark arrester 6 and tires as prescribed in subdivision one of section twenty-six hundred 7 six of this title. 8 11. A registration number shall be assigned, without payment of a fee, 9 for UTVs owned by governmental agencies, or by volunteer organizations 10 if used exclusively for emergency purposes, provided that each such UTV 11 shall display the proper registration number assigned to it. 12 12. No registrations shall be required for the following described 13 UTVs: 14 a. UTVs owned and used by the United States, another state, or a poli- 15 tical subdivision thereof, but such UTV shall display the name of the 16 owner on the vehicle thereof. 17 b. UTVs covered by a valid registration or license of another state, 18 province or country, as provided in subdivision thirteen of this 19 section. 20 13. (a) The registration provisions of this article shall not apply to 21 non-resident owners who have registered their UTVs in compliance with 22 the registration and licensing laws of the state, province, district or 23 country of residence, provided that the UTV is appropriately identified 24 in accordance with the laws of the state of residence. 25 (b) The provisions of this subdivision shall not apply to a resident 26 of another state, province, district or country which does not have a 27 UTV registration and identification law. 28 (c) Nothing in this subdivision shall be construed to authorize the 29 operation of any UTV contrary to the provisions of this article. 30 § 2503. Display of registration. 1. The registration number with indi- 31 cia of registration assigned to a UTV shall be displayed on the vehicle 32 at all times in such a manner as the commissioner may, by regulation, 33 prescribe. 34 2. Dealer demonstrator registration numbers shall conform to the 35 requirements as set forth in subdivision one of this section with the 36 exception that, unless otherwise prescribed by regulation of the commis- 37 sioner, the numbers assigned may be printed upon or attached to a remov- 38 able plaque or plaques to be temporarily but firmly affixed to the UTV 39 being demonstrated or tested. 40 3. Numbers issued to dealers and manufacturers for the purpose of 41 demonstration or testing shall be used exclusively for these purposes 42 and no other use is permitted. 43 § 2504. Registration record. Upon receipt of sufficient application 44 for registration of a UTV, as provided in this article, the commissioner 45 shall enter upon the records of the department the registration of such 46 vehicle under the distinctive number assigned to such UTV as provided in 47 this article. 48 § 2505. Certificate of registration. 1. Certificate. Upon the filing 49 of the application and payment of the fee as provided in this article, 50 the commissioner shall assign to such UTV a distinctive number, and, 51 without further expense to the applicant, issue a certificate of regis- 52 tration, in such manner and form as the commissioner shall prescribe. In 53 the event of the loss, mutilation or destruction of any certificate of 54 registration, the owner of the registered UTV may file such statement 55 and proof of the facts as the commissioner shall require with a fee of

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1 three dollars, with the department, for the issuance of a duplicate or 2 substitute. 3 2. Carrying certificate. Every person operating a UTV registered in 4 accordance with any of the provisions of this article shall, upon demand 5 of any magistrate, police officer or peace officer, when acting pursuant 6 to their special duties, produce for inspection the certificate of 7 registration for such UTV and shall furnish to such person any informa- 8 tion necessary for the identification of such UTV and its owner. The 9 failure to produce the certificate of registration shall not be an 10 offense, but shall be presumptive evidence of operating a UTV which is 11 not registered as required by this article. 12 3. Change of residence. It shall be the duty of every owner holding a 13 certificate of registration to notify the department, in writing, of any 14 change of residence of such owner within ten days after such change 15 occurs, and to inscribe on such certificate, in the place provided a 16 record of such change of residence. 17 4. Change of ownership. (a) Whenever a UTV is transferred, the certif- 18 icate of registration shall be properly signed and executed by the owner 19 showing that the ownership of the UTV has been transferred and such 20 certificate shall be given to the new owner. 21 (b) In the case of transfer, except a transfer to a registered dealer, 22 the new owner shall apply for a new certificate by completing an appli- 23 cation for registration. Such application shall be submitted to the 24 department together with the old certificate of registration, properly 25 signed by the previous owner, and the required fee of ten dollars. 26 (c) The old certificate of registration, properly signed by the previ- 27 ous owner or other indicia as prescribed by regulation of the commis- 28 sioner, shall constitute a temporary registration for such new owner for 29 a period determined by the commissioner from the date such UTV was 30 transferred to the new owner. 31 (d) In the event that such UTV was purchased from a registered dealer, 32 the application shall be accompanied by the old certificate of registra- 33 tion transferred to the dealer, the required fee, and any other forms or 34 documents completed and submitted as prescribed by the commissioner. 35 5. Destruction, theft or removal from state. It shall be the duty of 36 every owner of a UTV registered pursuant to the provisions of this arti- 37 cle to notify the department, in writing, of the destruction, theft or 38 permanent removal of such UTV from the state, within fifteen days of 39 acquiring knowledge thereof. In the event of destruction or theft, the 40 certificate or registration shall be surrendered with such notice. 41 § 2506. Licensing by municipalities. No municipality shall require 42 licensing or registration of UTVs which are covered by the provisions of 43 this article. Nothing in this section shall prohibit the requirement of 44 a permit by the agency or municipality having jurisdiction over any 45 state or local park or any other public lands for use of UTVs on such 46 public lands. A municipality may charge a fee for use of UTVs on such 47 public lands. 48 § 2507. Special events. UTVs operated at special events pursuant to 49 section twenty-six hundred eight of this title may be exempted from the 50 provisions of this article concerning registration. 51 § 2508. Responsibility for operation by minors. No owner or other 52 person in possession of any UTV shall authorize or knowingly permit any 53 person under sixteen years of age to operate such UTV in violation of 54 any provision of this article.

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1 § 2509. Violations. Any person who violates any provision of this 2 article or regulation adopted pursuant thereto shall be guilty of a 3 traffic infraction. 4 § 2510. Rules and regulations. The commissioner shall make such rules 5 and regulations as they may deem necessary to carry out the provisions 6 of this article. 7 § 2511. Disposition of fees. The commissioner shall deposit all monies 8 received from the registration of UTVs and all fees otherwise collected 9 under this article to the credit of the general fund. 10 § 5. The vehicle and traffic law is amended by adding a new article 11 48-E to read as follows: 12 ARTICLE 48-E 13 RULES FOR OPERATION OF UTILITY TASK VEHICLES 14 Section 2600. Legislative purpose. 15 2601. Definitions. 16 2602. Rules and regulations. 17 2603. Operation of UTVs; where permitted. 18 2604. Operating rules. 19 2605. Designation of highways and public lands for travel by 20 UTVs. 21 2606. Equipment. 22 2607. Liability insurance. 23 2608. Special events. 24 2609. UTV safety course and safety certificate. 25 2610. Operation by minors. 26 2611. Liability for negligence. 27 2612. Service on nonresidents and certain residents, administra- 28 tors or executors. 29 2613. Accidents; reports. 30 § 2600. Legislative purpose. It is the purpose of this article to 31 promote the safe and proper use of UTVs for recreation and commerce in 32 this state, to ensure the safety and well-being of all persons concern- 33 ing the use of UTVs, to minimize detrimental effects of such use upon 34 the environment, and to provide a method whereby municipalities shall 35 consider the designation of appropriate public lands for UTV use and 36 regulation thereof. 37 § 2601. Definitions. As used in this article, the following terms 38 shall have the following meanings, unless the context requires other- 39 wise: 40 1. "Governmental agency" means any agency of the state of New York and 41 all municipalities within the state. 42 2. "Utility task vehicle" or "UTV" means a utility task vehicle or UTV 43 as defined in section twenty-five hundred one of this title. 44 3. (a) "Owner" means any person having a title to a UTV. 45 (b) If a UTV is sold under a contract of conditional sale whereby the 46 title remains in the possession of the vendor, such vendor or their 47 assignee shall not, after delivery of such UTV, be deemed an owner with- 48 in the provisions of this section, but the vendee or their assignee, 49 upon receipt of possession thereof, shall be deemed such owner notwith- 50 standing the terms of such contract, until the vendor or their assignee 51 shall retake possession. 52 (c) A person holding only a security interest in a UTV shall not be 53 deemed an owner unless such person also has possession of such UTV. 54 4. "Operate" means to ride in or on, other than as a passenger, or use 55 or control the operation of a UTV in any manner, whether or not said UTV 56 is under way.

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1 5. "Operator" means every person who operates or is in actual physical 2 control of a UTV. 3 6. "Special event" shall mean an organized rally, race, exhibition or 4 demonstration of limited duration which is conducted according to a 5 prearranged schedule and in which general public interest is manifested. 6 7. "Authorized emergency UTV" shall mean a UTV designated as such in 7 writing by the chief executive officer of any duly organized volunteer 8 ambulance company, fire department, or paid fire department, operated by 9 a member thereof and equipped with emergency lights as provided in 10 section twenty-six hundred six of this article. 11 8. "Authorized police UTV" shall mean a UTV operated by a police or 12 other peace officer while engaged in the performance of their official 13 duties within the area of their territorial jurisdiction. 14 9. "Authorized civil defense UTV" shall mean a UTV designated as such 15 in writing by the chief executive officer of a municipality and operated 16 by a member of a civil defense organization of the municipality and 17 equipped with emergency lights as provided in section twenty-six hundred 18 six of this article. 19 10. "Operation as emergency vehicle" shall mean the operation or park- 20 ing of an authorized emergency UTV, police or civil defense UTV, includ- 21 ing attendant equipment, displaying emergency lights as provided in 22 section twenty-six hundred six of this article and which UTV is engaged 23 in transporting a sick or injured person to the nearest medical facility 24 or appropriate site for transfer to an ambulance as defined in article 25 thirty of the public health law, transporting emergency medical 26 services, personnel and equipment to sick or injured persons, pursuing 27 an actual or suspected violator of the law or responding to, or working 28 or assisting at the scene of an accident, disaster, police call, alarm 29 or other emergency but shall not include returning from such service. 30 § 2602. Rules and regulations. 1. With a view of achieving enjoyable 31 and proper use of UTVs and minimizing the detrimental effect thereof 32 upon the environment, rules and regulations relating to, but not limited 33 to, the following may be adopted and promulgated as herein provided. 34 2. The commissioner may adopt rules and regulations: 35 (a) for conducting special events as provided in section twenty-six 36 hundred eight of this article; 37 (b) for the administration and enforcement of the provisions of 38 section twenty-six hundred seven of this article relating to liability 39 insurance; 40 (c) establishing a comprehensive UTV information and safety education 41 and training program or programs including provision for issuance of UTV 42 safety certificates for operation of UTVs by youthful operators; 43 (d) with respect to uniform signs or markers to be used by govern- 44 mental agencies which are necessary or desirable to control, direct or 45 regulate the operation and use of UTVs. Such signs as may be designated 46 for use on highways shall also be approved by the commissioner of trans- 47 portation; and 48 (e) with respect to such other matters as may be necessary or desira- 49 ble to provide for the effective administration and enforcement of the 50 provisions of this article. 51 3. Any state agency may adopt rules and regulations not inconsistent 52 with the provisions of this chapter in a manner appropriate to such 53 agency to permit or regulate the use of UTVs on specifically designated 54 land, including highways, under its jurisdiction. 55 § 2603. Operation of UTVs; where permitted. 1. Highways. No person 56 shall operate a UTV on a highway except as provided in this section.

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1 (a) A UTV may make a direct crossing on a highway other than an inter- 2 state highway or a controlled access highway, provided: 3 (i) the crossing is made at an angle of approximately ninety degrees 4 to the direction of the highway and at a place where no obstruction 5 prevents a quick and safe crossing; 6 (ii) the vehicle is brought to a complete stop before crossing the 7 shoulder or main traveled way of the highway; 8 (iii) the driver yields the right-of-way to all oncoming traffic that 9 constitutes an immediate hazard; 10 (iv) in crossing a divided highway, the crossing is made only at an 11 intersection of the highway with another public street or highway; and 12 (v) if the crossing is made between the hours of one-half hour after 13 sunset to one-half hour before sunrise or in conditions of reduced visi- 14 bility, only if both front and rear lights are lit. 15 (b) A UTV may be operated on any highway which has been designated and 16 posted as open for travel by UTVs in accordance with the provisions of 17 section twenty-six hundred five of this article. 18 2. Public lands other than highways. No person shall operate a UTV on 19 any public lands, waters and property other than a highway, except that 20 a UTV may be operated on any such lands which have been designated and 21 posted for travel by UTVs in accordance with the provisions of section 22 twenty-six hundred five of this article. 23 3. Private property. No person shall operate a UTV on the private 24 property of another without the consent of the owner or lessee thereof. 25 4. Real property of a farm operation. (a) No person shall operate a 26 UTV on the real property of a farm operation, as defined in subdivision 27 eleven of section three hundred one of the agriculture and markets law, 28 without the consent of the owner or lessee thereof, where such owner or 29 lessee has erected or maintained any sign, structure, display, or device 30 prohibiting the trespass thereon, and which shall include a sign stat- 31 ing: "No Trespassing". 32 (b) A violation of this subdivision shall be a traffic infraction, and 33 shall, upon a conviction of a first violation be punishable by a fine of 34 not more than two hundred fifty dollars or by imprisonment for not more 35 than fifteen days or by both such fine and imprisonment; upon a 36 conviction of a second violation, both of which were committed within a 37 period of eighteen months, shall be punishable by a fine of not more 38 than four hundred dollars or by imprisonment for not more than forty- 39 five days or by both such fine and imprisonment; upon a conviction of a 40 third or subsequent violation, all of which were committed within a 41 period of eighteen months, shall be punishable by a fine of not more 42 than five hundred fifty dollars or by imprisonment for not more than 43 ninety days or by both such fine and imprisonment. 44 5. Emergency vehicle. The provisions of subdivisions one, two and 45 three of this section shall not apply to operation as an emergency vehi- 46 cle by any authorized emergency, police or civil defense utility task 47 vehicle. 48 6. Minimum age and licensure. No person shall operate an UTV unless 49 they are over the age of sixteen years, and maintain a valid driver's 50 license to operate a motor vehicle in accordance with New York state 51 law. A person fourteen years or older, and any person who does not main- 52 tain a valid driver's license, may however, operate an UTV, exclusively 53 upon lands owned or leased by such operator's parent or guardian, under 54 the supervision of such parent or guardian, or a person eighteen years 55 of age or over designated by such parent or guardian to supervise such 56 operation. "Leased lands" as used in this subdivision shall not include

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1 lands leased by an organization of which said operator or such opera- 2 tor's parent or guardian is a member. 3 7. Speed of operation. No person shall operate an UTV at a speed in 4 excess of thirty miles per hour, unless such UTV is being operated upon 5 a dedicated UTV track or thoroughfare, in accordance with corresponding 6 guidelines and safety equipment approved by the commissioner. 7 § 2604. Operating rules. 1. No person shall operate a UTV: 8 (a) at a rate of speed greater than is reasonable and prudent under 9 the conditions and having regard to the actual and potential hazards 10 then existing, and in accordance with subdivisions six and seven of 11 section twenty-six hundred three of this article; 12 (b) in a careless, reckless or negligent manner so as to unreasonably 13 endanger the person or property of another or cause injury or damage 14 thereto on the tracks or right-of-way of an operating railroad; 15 (c) in any tree nursery or planting in a manner that damages or 16 destroys growing stock, or creates a substantial risk thereto; 17 (d) while pulling a person on skis or drawing or towing a sleigh, 18 sled, toboggan, inflatable device or trailer which carries or transports 19 any person unless attached by a rigid support, connection or towbar; 20 (e) on the frozen surface of public waters: within one hundred feet of 21 any person other than a person riding on an UTV except at the minimum 22 speed required to maintain forward movement of the UTV, nor within one 23 hundred feet of a fishing shanty or shelter except at the minimum speed 24 required to maintain forward movement of the UTV nor on an area which 25 has been cleared of snow for skating purposes unless the area is neces- 26 sary for access to the public water; 27 (f) within one hundred feet of a dwelling between midnight and six 28 a.m., at a speed greater than minimum required to maintain forward move- 29 ment of the UTV; and 30 (g) on public lands, other than highways, or on private property of 31 another while in an intoxicated condition or under the influence of 32 narcotics or drugs. 33 2. The operator of a UTV shall: 34 (a) stop and yield to an authorized ambulance, civil defense, or 35 police UTV or police vehicle being operated as an emergency vehicle and 36 approaching from any direction; and 37 (b) comply with any lawful order or direction of any police officer or 38 other person duly empowered to enforce the laws relating to UTVs. 39 3. No person shall ride on or in a sleigh, sled, toboggan, inflatable 40 device or trailer which is being towed or trailed by an UTV unless 41 attached by a rigid support, connection or towbar. 42 4. A person operating a UTV shall ride only upon the permanent and 43 regular seat attached thereto, and such operator shall not carry any 44 other person nor shall any other person ride on a UTV unless such UTV is 45 designed to carry more than one person, in which event a passenger may 46 ride upon the permanent and regular seat if designed for two persons, or 47 upon another seat firmly attached to the UTV at the rear or side of the 48 operator. 49 5. For the purposes of title seven of this chapter, a UTV shall be a 50 motor vehicle and the provisions of such title shall be applicable to 51 UTVs. 52 6. Local laws and ordinances. Nothing contained in this article shall 53 be deemed to limit the authority of a county, city, town or village from 54 adopting or amending a local law or ordinance which imposes stricter 55 restrictions and conditions on the operation of UTVs than are provided 56 or authorized by this section so long as such local law or ordinance is

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1 consistent with its authority to protect the order, conduct, health, 2 safety and general welfare of persons or property. 3 § 2605. Designation of highways and public lands for travel by UTVs. 4 1. Except with respect to interstate highways or controlled access 5 highways, the department of transportation with respect to state high- 6 ways, maintained by the state and any other governmental agency with 7 respect to highways, including bridge and culvert crossings, under its 8 jurisdiction may designate and post any such public highway or portion 9 thereof as open for travel by UTVs when in the determination of the 10 governmental agency concerned, it is otherwise impossible for UTVs to 11 gain access to areas or trails adjacent to the highway. Such desig- 12 nations by a state agency shall be by rule or regulation, and such 13 designations by any municipality other than a state agency shall be by 14 local law or ordinance. 15 2. A governmental agency other than a municipality, by regulation or 16 order, and a municipality, by ordinance or local law, may designate any 17 appropriate public lands, waters and properties other than highways 18 under its jurisdiction as a place open for travel by UTVs upon written 19 request for such designation by any person, and may impose restrictions 20 and conditions for the regulation and safe operation of UTVs on such 21 public property, such as travel on designated trails and hours of opera- 22 tion. In addition thereto, such agency or municipality may not require 23 the operator of a UTV to possess a motor vehicle operator's license. A 24 municipality may charge a fee for use of UTVs on such public lands. 25 3. (a) Such designated highways or portions thereof or designated 26 lands shall be identified by markers in such manner as may be provided 27 by rules and regulations of the commissioner. 28 (b) All signs or markers shall be erected at the expense of the state 29 or municipality, provided, however, that the municipality may accept 30 funds or contributions therefor from private persons, clubs or associ- 31 ations interested in the promotion of UTVs. 32 4. Any regulation, order, local law or ordinance which designates a 33 highway or portion thereof or designated lands which may be used for UTV 34 operations may include rules and impose restrictions and conditions for 35 the regulation and safe operation of UTVs on the highways and lands so 36 designated, such as travel on designated trails and hours of operation. 37 Any restriction or condition not contained in this chapter shall be 38 posted. 39 5. Copies of orders, regulations, local laws or ordinances adopted by 40 governmental agencies pursuant to this section shall be filed with the 41 commissioner. 42 § 2606. Equipment. 1. No person shall operate a UTV unless it is 43 equipped with: 44 (a) brakes in good operating condition; 45 (b) a muffler system in good operating condition which meets federal 46 standards as established in 40 CFR Part 205.166, sub Part E; 47 (c) a spark arrester approved by the United States Forest Service; 48 (d) tires having at least two-thirty seconds of an inch of tread with 49 no visible breaks, cuts, exposed cords, bumps or bulges; 50 (e) a lighted white headlight approved by the commissioner and a 51 lighted red taillight approved by the commissioner when operated for 52 one-half hour after sunset to one-half hour before sunrise. 53 2. No person shall operate an UTV or ride as a passenger on a UTV 54 unless such person is wearing a protective helmet of a type approved by 55 the commissioner pursuant to subdivision six of section three hundred 56 eighty-one of this chapter.

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1 3. No person shall operate a UTV: 2 (a) on a highway with tires equipped with any studs other than automo- 3 tive studs; 4 (b) except as an authorized emergency UTV, police, or civil defense 5 UTV as an emergency vehicle, while displaying one or more lighted red or 6 a combination red or white lights which are revolving, rotating, flash- 7 ing, oscillating or constantly moving; 8 (c) as an authorized emergency UTV or civil defense UTV, as an emer- 9 gency vehicle unless it is equipped with one or more lighted, red or 10 combination red or white light or lights which is or are revolving, 11 rotating, flashing, oscillating or constantly moving and which has or 12 have minimum candle power of sufficient intensity to be plainly visible 13 from a distance of five hundred feet in all directions under normal 14 atmospheric conditions. 15 § 2607. Liability insurance. 1. A UTV which is operated anywhere in 16 this state other than on lands of the owner of the UTV shall be covered 17 by a policy of insurance, in such language and form as shall be deter- 18 mined and established by the superintendent of financial services, 19 issued by an insurance carrier authorized to do business in this state. 20 Such policy shall provide for coverages required of an owner's policy of 21 liability insurance as set forth in paragraph (a) of subdivision four of 22 section three hundred eleven of this chapter. 23 2. In lieu of such insurance coverage as required in subdivision one 24 of this section, the commissioner, in their discretion and upon applica- 25 tion of a governmental agency having registered in its name one or more 26 UTVs, may waive the requirement of insurance by a private insurance 27 carrier and issue a certificate of self-insurance, when such commission- 28 er is satisfied that such governmental agency is possessed of financial 29 ability to respond to judgments obtained against it, arising out of the 30 ownership, use or operation of such UTVs. 31 3. The commissioner may also waive the requirement of insurance by a 32 private insurance carrier and issue a certificate of self-insurance upon 33 application of any person or any other corporation, having registered in 34 its name, one or more UTVs and furnishing of proof that a certificate of 35 self-insurance has been issued and is in effect pursuant to the 36 provisions of section three hundred sixteen of this chapter. 37 4. Proof of insurance as required by this section shall be produced 38 and displayed by the owner or operator of such UTV upon the request of 39 any magistrate or any person having authority to enforce the provisions 40 of this chapter. 41 5. The failure to produce such proof upon the request of any such 42 person shall not be an offense but shall be presumptive evidence that 43 the UTV is being operated without having such insurance in force and 44 effect. 45 6. Proof of insurance as required by this section shall be produced 46 and displayed by the owner or operator of such UTV to any person who has 47 suffered or claims to have suffered either personal injury or property 48 damage as a result of the operation of such UTV by the owner or opera- 49 tor, if such insurance coverage was required under the circumstances of 50 such operation. It shall be an affirmative defense to any prosecution 51 for a violation of this subdivision that such proof was so produced or 52 displayed within twenty-four hours of receiving notice of such injury or 53 damage, or the claim of such injury or damage. 54 7. No owner of a UTV shall operate or permit the same to be operated 55 anywhere in this state other than on lands of the owner of the UTV with- 56 out having in full force and effect the liability insurance coverage

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1 required by this section, and no person shall operate a UTV anywhere in 2 this state other than on lands of the owner of the UTV with the know- 3 ledge that such insurance is not in full force and effect. 4 § 2608. Special events. 1. The commissioner shall adopt and may, from 5 time to time, amend rules and regulations determining the special events 6 which shall be subject to permit and designating the equipment and 7 facilities necessary for safe operation of UTVs and for the safety of 8 operators, participants, and observers in such special events. Copies of 9 such regulations shall be furnished by the commissioner to any person 10 making an application therefor. 11 2. Whenever a special event is proposed to be held, the person in 12 charge thereof shall, at least thirty days prior thereto, file an appli- 13 cation with appropriate governmental agencies having jurisdiction over 14 the site of such event to hold such special event. The application shall 15 set forth the date and location of the proposed special event and such 16 other information as the governmental agencies may require, and such 17 event shall not be conducted without written authorization from such 18 governmental agencies. Governmental agencies shall either grant or deny 19 authorization to hold a special event within thirty days after receipt 20 of an application for authorization. The commissioner shall be furnished 21 with a copy of all such applications. No permit shall be required for a 22 closed-circuit special event held entirely on private property, but 23 appropriate governmental agencies shall be notified of such event at 24 least thirty days prior thereto. 25 3. UTVs operated at special events shall be exempted from the 26 provisions of this article concerning mufflers, lights and tires during 27 the time of such event, including all pre-race practice at the location 28 of such event. 29 § 2609. UTV safety course and safety certificate. 1. Safety course or 30 courses. The commissioner shall establish a curriculum or curricula for 31 a UTV safety training course or courses. Any such curriculum may 32 include, but not be limited to, on-vehicle training and safe riding 33 practices. The commissioner may establish different courses and curric- 34 ula for different types of utility task vehicles. The commissioner may 35 permit any such safety training course to be given by any private 36 person, club, association or municipality which meets standards estab- 37 lished by the commissioner. The commissioner may establish a reasonable 38 fee which any such person or entity may charge for such course or cours- 39 es. 40 2. Safety certificate. Upon successful completion of a safety course 41 given in conformity with subdivision one of this section by a person 42 fourteen years of age or over, the person or entity which gave the 43 course shall notify the commissioner of such completion in a manner 44 prescribed by the commissioner. The commissioner shall, upon receipt of 45 such information, issue a UTV safety certificate to the person who has 46 successfully completed the course. Such certificate may be limited to 47 the type of vehicle for which the course was given. 48 § 2610. Operation by minors. 1. No person under the age of sixteen 49 years shall operate a UTV. 50 2. No person shall operate a UTV unless they are over the age of 51 sixteen years, and maintain a valid driver's license to operate a motor 52 vehicle in accordance with New York state law. 53 3. The failure of a person to exhibit a UTV safety certificate upon 54 demand to any magistrate or any other officer having authority to 55 enforce the provisions of this article shall not be an offense, but

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1 shall be presumptive evidence that such person is not the holder of such 2 certificate. 3 4. No parent or guardian shall authorize or knowingly permit their 4 child or ward, if under sixteen years of age, or who does not maintain a 5 valid driver's license to operate a motor vehicle, to operate a UTV in 6 violation of any provision of this article, any rules or regulations 7 promulgated thereunder, or the provisions of any local law or ordinance. 8 5. No owner or other person in possession of any UTV shall authorize 9 or knowingly permit any person under sixteen years of age, or who does 10 not maintain a valid driver's license to operate a motor vehicle, to 11 operate a UTV in violation of any provision of this article, any rules 12 or regulations promulgated thereunder, or the provisions of any local 13 law or ordinance. 14 § 2611. Liability for negligence. 1. Negligence in the use of opera- 15 tion of a UTV shall be attributable to the owner. 16 2. Every owner of a UTV used or operated in this state shall be liable 17 and responsible for the death or injury to person or damage to property 18 resulting from negligence in the use or operation of such UTV by any 19 person using or operating the same with the permission, express or 20 implied, of such owner, provided, however, that such operator's negli- 21 gence shall not be attributed to the owner as to any claim or cause of 22 action accruing to the operator or their legal representative for such 23 injuries or death. 24 § 2612. Service on nonresidents and certain residents, administrators 25 or executors. For the purposes of section two hundred fifty-two of this 26 chapter, a UTV shall be a vehicle and the provisions of that section and 27 section two hundred fifty-three of this chapter shall apply to UTVs. 28 § 2613. Accidents; reports. 1. The operator of any UTV involved in any 29 accident resulting in injuries to or death of any person or in which 30 property damage in the estimated amount of six hundred dollars or more 31 is sustained, shall immediately notify the nearest law enforcement agen- 32 cy and shall within ten days after such accident report the matter in 33 writing to the department, with a copy thereof to the sheriff or police 34 commissioner of the county in which said accident occurred. If such 35 operator is physically incapable of making such report and there is 36 another participant in the accident not so incapacitated such partic- 37 ipant shall make the report within the allotted time after such acci- 38 dent. In the event that there is no other participant and the operator 39 is other than the owner, then the owner shall within the prescribed 40 period of time, after learning of the facts of such accident, report the 41 matter to the department, together with such information as may have 42 come to their knowledge relating to such accident. Every such operator 43 of a UTV, or participant of any such accident, or the owner, of the UTV 44 involved in any such accident, shall make such other and additional 45 reports as the commissioner shall require. 46 2. Whenever any UTV meets with an accident involving a loss of life, 47 personal injury or damage to property and the operator thereof has know- 48 ledge of such accident, such operator shall stop and give their name and 49 address, the name and address of the owner thereof and the registration 50 number assigned to said UTV to the injured person or the person sustain- 51 ing the damage, or to a peace or police officer. In the event the person 52 sustaining the damage is not present at the place where the damage 53 occurred, the operator shall, as soon as physically able, report the 54 same to the nearest law enforcement agency. 55 3. A peace, police, or judicial officer who investigates or receives 56 information of an accident involving a UTV shall make a written report

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1 of the investigation or information received, and such additional facts 2 relating to the accident as may come to such officer's knowledge and 3 mail the same within forty-eight hours to the department and keep a 4 record thereof in such officer's office. 5 4. Failure of any person to report an accident as provided in this 6 section or failure to give correctly the information required of such 7 person by the commissioner in connection with such report shall be a 8 misdemeanor and shall constitute a ground for suspension or revocation 9 of the UTV safety certificate of any person or the certificate of regis- 10 tration of any UTV involved in the accident. The commissioner may tempo- 11 rarily suspend the UTV safety certificate of the person failing to make 12 such report or the certificate of registration of the UTV involved in 13 the accident until such report has been filed. 14 § 6. This act shall take effect on the one hundred eightieth day after 15 it shall have become a law.

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