Title VAT, Vehicle & Traffic

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

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

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

§ 2265. Equipment, inspection and insurance. 1. Equipment. Unless\notherwise prescribed by regulation of the commissioner, a limited use\nautomobile shall be subject to the equipment requirements of this\nchapter which are applicable to a passenger motor vehicle. Unless\notherwi…

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

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

§ 2269. Exemptions. 1. Fire and police vehicles are exempt from the\nprovisions of this article, except that the operator of such a vehicle\nshall be required to be licensed as provided in article nineteen of this\nchapter.\n 2. Any limited use vehicle registered pursuant to thi…

§ 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\nmake such rules and regulations as he may deem necessary to carry out\nthe provisions of this article, including procedures with respect to the\ncertification of maximum performance speed of limited use vehi…

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

§ 2280. Jurisdiction of department. 1. The registration of all terrain\nvehicles shall be under the jurisdiction of the department of motor\nvehicles.\n 2. Except as otherwise expressly provided herein, all of the\nprovisions 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\nindicia of registration assigned to an ATV shall be displayed on the\nvehicle at all times in such a manner as the commissioner may, by\nregulation, prescribe.\n 2. Dealer demonstrator registration numbers shall c…

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

§ 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\nlicensing or registration of ATVs which are covered by the provisions of\nthis article. Nothing herein shall prohibit the requirement of a permit\nby the agency or municipality having jurisdiction over any state…

§ 2287. Special events. ATVs operated at special events pursuant to\nsection twenty-four hundred eight of this chapter may be exempted from\nthe provisions of this article concerning registration.\n

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

§ 2289. Violations. Any person who violates any provision of this\narticle or regulation adopted pursuant thereto shall be guilty of a\ntraffic infraction.\n

§ 2290. Rules and regulations. The commissioner shall make such rules\nand regulations as he may deem necessary to carry out the provisions of\nthis article.\n

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

§ 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\nor hereafter authorized such tribunal when created shall be known as the\nparking violations bureau and shall have jurisdiction of traffic\ninfractions which constitute a parking violation and, where authorize…

§ 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\nbureaus. The traffic camera violations bureau shall have the following\nfunctions, powers and duties:\n 1. To hear and determine the liability of owners for violations of\nsection eleven hundred seventy-four of …

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

§ 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\nperson charged with a parking violation enters a plea of not guilty; or\na person alleged to be liable in accordance with any provisions of law\nspecifically authorizing the imposition of monetary liability o…

§ 2400. Legislative purpose. It is the purpose of this article to\npromote the safe and proper use of ATVs for recreation and commerce in\nthis state, to ensure the safety and well-being of all persons\nconcerning the use of ATVs, to minimize detrimental effects of such use\nupo…

§ 2401. Definitions. As used in this article, unless the context\nrequires otherwise:\n 1. "Governmental agency" means any agency of the state of New York and\nall municipalities within the state.\n 2. "All terrain vehicle" or "ATV" means an all terrain vehicle or ATV\nas define…

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

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

§ 2404. Operating rules. 1. No person shall operate an ATV:\n (a) at a rate of speed greater than is reasonable and prudent under\nthe conditions and having regard to the actual and potential hazards\nthen existing;\n (b) in a careless, reckless or negligent manner so as to unre…

§ 2405. Designation of highways and public lands for travel by ATVs.\n1. Highways. Except with respect to interstate highways or controlled\naccess highways, the department of transportation with respect to state\nhighways, maintained by the state and any other governmental agen…

§ 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\nthis state other than on lands of the owner of the ATV shall be covered\nby a policy of insurance, in such language and form as shall be\ndetermined and established by the superintendent of financial services,…

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

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

§ 241. Final determinations, judgments. 1. The hearing examiner shall\nmake a determination on the charges, either sustaining or dismissing\nthem. Where the hearing examiner determines that the charges have been\nsustained such hearing examiner may examine either the prior parki…

§ 241-a. Complaint procedure for satisfied or wrongfully imposed fine\nor penalty. 1. (a) Every city with a population of more than one million\ninhabitants that has established a parking violations bureau shall\nestablish, within such bureau, a properly staffed complaint unit o…

§ 241-b. Muni-meter receipts; affirmative defense. In any prosecution\nor proceeding alleging a muni-meter parking violation, it shall be an\naffirmative defense to such violation, with the burden of proof on the\nperson who received the summons, that he or she did in fact purch…

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

§ 2411. Liability for negligence. Negligence in the use of operation\nof an ATV shall be attributable to the owner. Every owner of an ATV used\nor operated in this state shall be liable and responsible for death or\ninjury to person or damage to property resulting from negligenc…

§ 2412. Service on nonresidents and certain residents, administrators\nor executors. For the purposes of section two hundred fifty-two of this\nchapter, an ATV shall be a vehicle and the provisions of that section\nand section two hundred fifty-three of this chapter shall apply …

§ 2413. Accidents; reports. 1. The operator of any ATV involved in any\naccident resulting in injuries to or death of any person or in which\nproperty damage in the estimated amount of six hundred dollars or more\nis sustained, shall immediately notify the nearest law enforcemen…

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

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

§ 244. Separability. If any provision of this article or the\napplication of such provision to any person or circumstances shall be\nheld unconstitutional or invalid, the constitutionality or validity of\nthe remainder of this article and the applicability of such provision to\n…

§ 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…