Title VAT, Vehicle & Traffic

§ 2262. Limitations on registrations. 1. A registration issued to a class B or class C limited use motorcycle shall be valid only for operation on public highways in the right hand lane available for traffic or upon a usable shoulder on the right side of the highway. The limitat…

§ 2263. Revocation and suspension. In addition to revocation or suspension of a registration pursuant to any other provision of this chapter, all registrations issued to a registrant pursuant to this article may be revoked where the holder is convicted of a second or subsequent …

§ 2264. Display of registration number plate or plates. 1. The registration number plate or plates assigned to a limited use vehicle shall be displayed on the vehicle at all times such vehicle is operated on the public highways in such manner as the commissioner may, be regulati…

§ 2265. Equipment, inspection and insurance. 1. Equipment. Unless otherwise prescribed by regulation of the commissioner, a limited use automobile shall be subject to the equipment requirements of this chapter which are applicable to a passenger motor vehicle. Unless otherwise p…

§ 2267. Dealers and manufacturers. 1. No person shall engage in the business of selling limited use vehicles unless there shall have been issued to him a dealer registration in accordance with section four hundred fifteen of this chapter. The commissioner may, by regulation, pro…

§ 2268. Motor-assisted vehicle. Notwithstanding any other provision of this chapter, a vehicle which is primarily designed to be propelled by human power shall not be entitled to registration as a limited use vehicle because of the addition of a motor. The commissioner shall det…

§ 2269. Exemptions. 1. Fire and police vehicles are exempt from the provisions of this article, except that the operator of such a vehicle shall be required to be licensed as provided in article nineteen of this chapter. 2. Any limited use vehicle registered pursuant to this art…

§ 227. Hearings; determinations. 1. Every hearing for the adjudication\nof a traffic infraction, as provided by this article, shall be held\nbefore a hearing officer appointed by the commissioner. The burden of\nproof shall be upon the people, and no charge may be established ex…

§ 2270. Rules and regulations. The commissioner is hereby empowered to make such rules and regulations as he may deem necessary to carry out the provisions of this article, including procedures with respect to the certification of maximum performance speed of limited use vehicle…

§ 228. Administrative review. 1. Appeals board. The commissioner shall appoint three or more appeals officers, to serve at his pleasure, and shall select a chairman for each appeals board from the members so appointed. Appeals officers who are not full time employees of the depa…

§ 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.

§ 2281. Definitions. For the purposes of this article: 1. (a) "All\nterrain vehicle" or "ATV" means any self-propelled vehicle which is\nmanufactured for sale for operation primarily on off-highway trails or\noff-highway competitions and only incidentally operated on public\nhig…

§ 2282. Registration and permit. 1. Except as hereinafter provided, no\nperson shall operate any ATV within the state unless such ATV has been\nregistered and numbered in accordance with the provisions of this\narticle, and the registration number for such ATV is in full force a…

§ 2283. Display of registration. 1. The registration number with indicia 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 confor…

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

§ 2285. Certificate of registration. 1. Certificate. Upon the filing\nof the application and payment of the fee as provided in this article,\nthe commissioner shall assign to such ATV a distinctive number, and,\nwithout further expense to the applicant, issue a certificate of\nr…

§ 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…

§ 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.

§ 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.

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

§ 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.

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

§ 235. Jurisdiction. 1. Notwithstanding any inconsistent provision of\nany general, special or local law or administrative code to the\ncontrary, in any city which heretofore or hereafter is authorized to\nestablish an administrative tribunal: (a) to hear and determine\ncomplain…

§ 236. Creation, personnel. 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation and, where authorized: …

§ 237. Functions, powers and duties of parking violations bureaus. The\nparking violations bureau shall have the following functions, powers and\nduties:\n 1. To accept pleas to, and to hear and determine, charges of parking\nviolations and, except in a city with a population of…

§ 237-a. Functions, powers and duties of traffic camera violations bureaus. The traffic camera violations bureau shall have the following functions, powers and duties: 1. To hear and determine the liability of owners for violations of section eleven hundred seventy-four of this …

§ 238. Notice of violation. 1. The notice of violation shall contain information advising the person charged of the manner and the time in which he may plead either guilty or not guilty to the violation alleged in the notice. Such notice of violation shall also contain a warning…

§ 239. Ownership and operation of vehicles; liability. 1. Definitions.\nWhenever used in this article, the following terms shall have the\nfollowing meanings:\n a. "Owner" means any person, corporation, partnership, firm, agency,\nassociation, lessor, or organization who at the …

§ 240. Hearings, notice and conduct. 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty; or a person alleged to be liable in accordance with any provisions of law specifically authorizing the imposition of monetary liability on t…

§ 2400. Legislative purpose. It is the purpose of this article to promote the safe and proper use of ATVs for recreation and commerce in this state, to ensure the safety and well-being of all persons concerning the use of ATVs, to minimize detrimental effects of such use upon th…

§ 2401. Definitions. As used in this article, unless the context requires otherwise: 1. "Governmental agency" means any agency of the state of New York and all municipalities within the state. 2. "All terrain vehicle" or "ATV" means an all terrain vehicle or ATV as defined in se…

§ 2402. Rules and regulations. With a view of achieving enjoyable and proper use of ATVs and minimizing the detrimental effect thereof upon the environment, rules and regulations relating to, but not limited to, the following may be adopted and promulgated as herein provided. 1.…

§ 2403. Operation of ATVs; where permitted. 1. Highways. No person shall operate an ATV on a highway except as provided herein. (a) An ATV may make a direct crossing on a highway other than an interstate highway or a controlled access highway, provided: (i) the crossing is made …

§ 2404. Operating rules. 1. No person shall operate an ATV: (a) 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; (b) in a careless, reckless or negligent manner so as to unreasonab…

§ 2405. Designation of highways and public lands for travel by ATVs. 1. Highways. Except with respect to interstate highways or controlled access highways, the department of transportation with respect to state highways, maintained by the state and any other governmental agency …

§ 2406. Equipment. 1. No person shall operate an ATV unless it is\nequipped with:\n (a) brakes in good operating condition;\n (b) a muffler system in good operating condition which meets federal\nstandards as established in 40 CFR (Code of Federal Regulations) Part\n205.166, sub…

§ 2407. Liability insurance. 1. An ATV which is operated anywhere in this state other than on lands of the owner of the ATV shall be covered by a policy of insurance, in such language and form as shall be determined and established by the superintendent of financial services, is…

§ 2408. Special events. 1. The commissioner shall adopt and may, from time to time, amend rules and regulations determining the special events which shall be subject to permit and designating the equipment and facilities necessary for safe operation of ATVs and for the safety of…

§ 2409. ATV safety course and safety certificate. 1. Safety course or courses. The commissioner shall establish a curriculum or curricula for an ATV safety training course or courses. Any such curriculum may include, but not be limited to, on-vehicle training and safe riding pra…

§ 241. Final determinations, judgments. 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner determines that the charges have been sustained such hearing examiner may examine either the prior parking …

§ 241-a. Complaint procedure for satisfied or wrongfully imposed fine or penalty. 1. (a) Every city with a population of more than one million inhabitants that has established a parking violations bureau shall establish, within such bureau, a properly staffed complaint unit of p…

§ 241-b. Muni-meter receipts; affirmative defense. In any prosecution or proceeding alleging a muni-meter parking violation, it shall be an affirmative defense to such violation, with the burden of proof on the person who received the summons, that he or she did in fact purchase…

§ 2410. Operation by minors. 1. Except as provided by subdivision two of this section, no person under the age of sixteen years shall operate an ATV except upon lands owned or leased by his or her parent or guardian, unless he or she is under general supervision of a person eigh…

§ 2411. Liability for negligence. Negligence in the use of operation of an ATV shall be attributable to the owner. Every owner of an ATV used or operated in this state shall be liable and responsible for death or injury to person or damage to property resulting from negligence i…

§ 2412. Service on nonresidents and certain residents, administrators or executors. For the purposes of section two hundred fifty-two of this chapter, an ATV shall be a vehicle and the provisions of that section and section two hundred fifty-three of this chapter shall apply to …

§ 2413. Accidents; reports. 1. The operator of any ATV involved in any accident resulting in injuries to or death of any person or in which property damage in the estimated amount of six hundred dollars or more is sustained, shall immediately notify the nearest law enforcement a…

§ 242. Administrative review. 1. There shall be an appeals board within the parking violations bureau and within the traffic camera violations bureau which shall consist of three or more hearing examiners but in no event shall the hearing examiner from whose decision the appeal …

§ 243. Judicial review. The order of the appeals board shall be the final determination of the bureau. Judicial review may be sought pursuant to article seventy-eight of the civil practice law and rules.

§ 244. Separability. If any provision of this article or the application of such provision to any person or circumstances shall be held unconstitutional or invalid, the constitutionality or validity of the remainder of this article and the applicability of such provision to othe…

§ 250. Exemption of non-resident owners and operators. 1. Except as\notherwise provided in subdivision three of this section, the provisions\nof this chapter relative to the registration and equipment of motor\nvehicles, motorcycles and trailers and the display of registration\n…