New York State Consolidated Laws

Vehicle & Traffic

                              ARTICLE 48-B
                  REGISTRATION OF ALL TERRAIN VEHICLES
Section 2280. Jurisdiction of department.
        2281. Definitions.
        2282. Registration and permit.
        2283. Display of registration.
        2284. Registration record.
        2285. Certificate of registration.
        2286. Licensing by municipalities.
        2287. Special events.
        2288. Responsibility for operation by minors.
        2289. Violations.
        2290. Rules and regulations.
        2291. Disposition of fees.

  S 2280. Jurisdiction of department. 1. The registration of all terrain
vehicles  shall  be  under  the  jurisdiction of the department of motor
vehicles.
  2.  Except  as  otherwise  expressly  provided  herein,  all  of   the
provisions of this chapter shall apply to all terrain vehicles.

  S 2281. Definitions.  For  the  purposes of this article:  1. (a) "All
terrain vehicle" or "ATV" means  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  high-
ways  providing  that  such  vehicle  does  not exceed seventy inches in
width, or one thousand pounds dry weight. Provided, however, this  defi-
nition shall not include a "snowmobile" or other self-propelled vehicles
manufactured for off-highway use exclusively designed for travel on snow
or  ice, steered by skis or runners and supported in whole or in part by
one or more skis, belts or cleats which utilize an endless belt tread.
  (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
sion,  the  term  "all  terrain  vehicle" or "ATV" shall not include any
vehicle used for agricultural purposes or for  snowplowing,  other  than
for  hire, provided, however, that any such vehicle shall register as an
"all terrain vehicle" or "ATV" pursuant to the provisions of this  arti-
cle  if  such  vehicle is used or is intended to be used for any purpose
other than agricultural purposes or for snowplowing and shall  be  regu-
lated  in  accordance  with  provisions  governing the operation of "all
terrain vehicles" or "ATV`s" while in such use.
  2. "Dealer" means any person engaged in the business of  selling  ATVs
at wholesale or retail.

  S 2282. Registration and permit.
  1.  Except  as  hereinafter  provided, no person shall operate any ATV
within the state unless such ATV has been  registered  and  numbered  in
accordance  with  the  provisions  of this article, and the registration
number for such ATV is  in  full  force  and  effect  and  displayed  as
provided under this article and regulations promulgated thereunder.
  2.  The  commissioner is authorized to register an ATV, issue a regis-
tration certificate and assign a registration number to  such  ATV.  All
such registrations shall be valid for a period prescribed by the commis-
sioner  unless,  prior  to  expiration  of  the period prescribed by the
commissioner, it is surrendered, cancelled, revoked or suspended  pursu-
ant to the provisions of this article.
  3.  Unless  otherwise  prescribed by regulation of the commissioner, a
number once assigned under this section shall remain with the registered
ATV until the ATV is destroyed, abandoned or  permanently  removed  from
the state, or until changed or terminated by the commissioner.
  4.  Fees. Fees for registration of ATVs to be collected by the commis-
sioner under this article are as follows.
  (a) An annual fee of ten dollars for each individual  resident  regis-
tration.
  (b)  An  annual  fee  of  ten  dollars for each individual nonresident
registration.
  (c) An annual fee of twenty-five dollars for each dealer registration.
  (d) An annual fee of five dollars for each  additional  dealer  demon-
strator registration number.
  (e)  A  fee  of  three dollars for replacement of a lost, mutilated or
destroyed certificate.
  (f) Provided, however, that the provisions of paragraphs (c)  and  (d)
of  this  subdivision with respect to the payment of dealer registration
fees shall not apply to dealers  registered  pursuant  to  section  four
hundred  fifteen of this chapter.  (g) Annual fees shall not be prorated
and such fees shall be applicable to a year or any portion of a year.
  5. Application. The owner of each  ATV  requiring  registration  under
this  section  shall  present  an  application  for  registration to the
commissioner, on a blank to be prepared and furnished by the commission-
er for that purpose.  Such application shall contain or  be  accompanied
by  such  evidence of the ownership of the ATV described in the applica-
tion as may be required by the commissioner.
  6. Dealers. (a) Any person who is a dealer, and who is not  registered
as  a  dealer  pursuant to section four hundred fifteen of this chapter,
shall register as an ATV dealer and operate in accordance with the rules
and regulations of the commissioner for ATV dealers.  The  commissioner,
upon  receipt  of  an  application  and the required fee, shall assign a
distinctive dealer registration number to the registrant  and  issue  an
appropriate registration certificate to him and assign two dealer demon-
strator  registration  numbers  and  upon the payment of the appropriate
fee, such additional numbers as shall be requested. Dealer registrations
and dealer demonstrator registration numbers shall not be  transferable.
Provided,  however,  the  commissioner  may  limit  the number of dealer
demonstration registration numbers issued to a dealer.
  (b) No dealer shall sell or offer for retail sale any ATV, other  than
an  ATV  identified  and  sold for use only in off-highway competitions,
which is not equipped with all equipment necessary for the  registration
of an ATV.
  7. Renewal. Every owner of an ATV and dealer shall renew his registra-
tion  in  such manner as the commissioner shall prescribe, on payment of
the same registration fees as  provided  in  subdivision  four  of  this
section.
  8.  Indicia  of registration. At the time of the original registration
and at the time of each renewal thereof,  the  commissioner  shall  also
issue  validating  forms  in  a  manner he has prescribed indicating the
validity of the current registration and the  expiration  date  thereof,
which  indicia  of  registration shall be affixed to the vehicle in such
manner as the commissioner may prescribe.
  No ATV shall be considered as validly registered within the meaning of
this section unless a  current  registration  certificate,  registration
number and current indicia of registration have been issued.
  9.  Equipment  required.  No ATV shall be registered, nor shall such a
registration be  renewed,  unless  the  ATV  is  equipped  with  brakes,
muffler,  spark  arrester  and tires as prescribed in subdivision one of
section twenty-four hundred six of this chapter.
  10. ATVs owned by governmental agencies. A registration  number  shall
be  assigned,  without  payment of a fee, for ATVs owned by governmental
agencies, or by volunteer organizations if used exclusively for emergen-
cy purposes, provided that each such ATV shall display the proper regis-
tration number assigned to it.
  11. Exemption. No registrations shall be required  for  the  following
described ATVs:
  (a)  ATVs  owned  and  used  by the United States, another state, or a
political subdivision thereof, but such ATV shall display  the  name  of
the owner on the vehicle thereof.
  (b)  ATVs covered by a valid registration or license of another state,
province or country, as provided in subdivision twelve of this section.
  12. Out of state ATV registration. The registration provisions of this
article shall not apply to non-resident owners who have registered their
ATVs in compliance with the  registration  and  licensing  laws  of  the
state, province, district or country of residence, provided that the ATV
is  appropriately identified in accordance with the laws of the state of
residence. The provisions of this subdivision shall not apply to a resi-
dent of another state, province, district or country which does not have
an ATV registration and identification law. Nothing in this  subdivision
shall be construed to authorize the operation of any ATV contrary to the
provisions of this article.

  S 2283. Display of registration. 1. The registration number with indi-
cia of registration assigned to an ATV shall be displayed on the vehicle
at  all  times  in such a manner as the commissioner may, by regulation,
prescribe.
  2. Dealer demonstrator  registration  numbers  shall  conform  to  the
requirements  set  forth  in  subdivision  one  of this section with the
exception that, unless otherwise prescribed by regulation of the commis-
sioner, the numbers assigned may be printed upon or attached to a remov-
able plaque or plaques to be temporarily but firmly affixed to  the  ATV
being demonstrated or tested.
  3.  Numbers  issued  to  dealers  and manufacturers for the purpose of
demonstration or testing shall be used exclusively  for  these  purposes
and no other use is permitted.

  S 2284. Registration  record.  Upon  receipt of sufficient application
for registration of an ATV, as provided in this article, the commission-
er shall enter upon the records of the department  the  registration  of
such  vehicle  under  the  distinctive  number  assigned  to such ATV as
provided in this article.

  S 2285. Certificate of registration.
  1.  Certificate. Upon the filing of the application and payment of the
fee as provided in this article, the commissioner shall assign  to  such
ATV a distinctive number, and, without further expense to the applicant,
issue  a  certificate  of  registration,  in such manner and form as the
commissioner shall prescribe. In the event of the  loss,  mutilation  or
destruction  of any certificate of registration, the owner of the regis-
tered ATV may file such statement and proof of the facts as the  commis-
sioner  shall  require with a fee of three dollars, with the department,
for the issuance of a duplicate or substitute.
  2. Carrying certificate. Every person operating an ATV  registered  in
accordance with any of the provisions of this article shall, upon demand
of any magistrate, police officer or peace officer, when acting pursuant
to  his special duties, produce for inspection the certificate of regis-
tration for such ATV and shall furnish to such  person  any  information
necessary  for the identification of such ATV and its owner. The failure
to produce the certificate of registration as provided herein shall  not
be  an  offense,  but  shall be presumptive evidence of operating an ATV
which is not registered as required by this article.
  3. Change of residence. It shall be the duty of every owner holding  a
certificate of registration to notify the department, in writing, of any
change  of  residence  of  such  owner within ten days after such change
occurs, and to inscribe on such certificate, in  the  place  provided  a
record of such change of residence.
  4.  Change  of  ownership. Whenever an ATV is transferred, the certif-
icate of registration shall be properly signed and executed by the owner
showing that the ownership of the ATV  has  been  transferred  and  such
certificate  shall  be  given to the new owner. In the case of transfer,
except a transfer to a registered dealer, the new owner shall apply  for
a  new  certificate  by completing an application for registration. Such
application shall be submitted  to  the  department  together  with  old
certificate  of registration, properly signed by the previous owner, and
the required fee of ten dollars. The old  certificate  of  registration,
properly  signed by the previous owner or other indicia as prescribed by
regulation of the commissioner, shall constitute a  temporary  registra-
tion for such new owner for a period determined by the commissioner from
the  date  such  ATV was transferred to the new owner. In the event that
such ATV was purchased from a registered dealer, the application must be
accompanied by the old certificate of registration  transferred  to  the
dealer,  the required fee, and by any other forms or documents completed
and submitted as prescribed by the commissioner.
  5. Destruction, theft or removal from state. It shall be the  duty  of
every  owner  of  an  ATV  registered pursuant to the provisions of this
article to notify the department, in writing, of the destruction,  theft
or  permanent removal of such ATV from the state, within fifteen days of
acquiring knowledge thereof. In the event of destruction or  theft,  the
certificate or registration shall be surrendered with such notice.

  S 2286. Licensing  by  municipalities.  No  municipality shall require
licensing or registration of ATVs which are covered by the provisions of
this article. Nothing herein shall prohibit the requirement of a  permit
by  the  agency  or  municipality  having jurisdiction over any state or
local park or any other public lands for use  of  ATVs  on  such  public
lands.  A  municipality  may charge a fee for use of ATVs on such public
lands.

  S 2287. Special  events.  ATVs  operated at special events pursuant to
section twenty-four hundred eight of this chapter may be  exempted  from
the provisions of this article concerning registration.

  S 2288. Responsibility  for  operation  by  minors.  No owner or other
person in possession of any ATV shall authorize or knowingly permit  any
person  under  sixteen  years of age to operate such ATV in violation of
any provision of this article.

  S 2289. Violations.  Any  person  who  violates  any provision of this
article or regulation adopted pursuant thereto  shall  be  guilty  of  a
traffic infraction.

  S 2290. Rules  and regulations. The commissioner shall make such rules
and regulations as he may deem necessary to carry out the provisions  of
this article.

  S 2291. Disposition of fees. The commissioner shall deposit all monies
received  by  him  from  the registration of ATVs and all fees otherwise
collected by him under this article to the credit of the  general  fund,
as prescribed by section twenty-two hundred ninety-two of this chapter.