STATE OF NEW YORK ________________________________________________________________________ 2773--A 2023-2024 Regular Sessions IN SENATE January 24, 2023 ___________ Introduced by Sens. KRUEGER, JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the administrative code of the city of New York and the vehicle and traffic law, in relation to prohibiting the sale of ATVs and off-highway motorcycles in the city of New York; and to amend the vehicle and traffic law, in relation to requiring the purchaser of an ATV purchased for use in the state of New York to sign a declaration stating that such purchaser understands all laws and regulations governing the use of such ATV in the state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Chapter 5 of title 20 of the administrative code of the 2 city of New York is amended by adding a new subchapter 13-A to read as 3 follows: 4 SUBCHAPTER 13-A 5 SALES OF ALL TERRAIN VEHICLES AND OFF-HIGHWAY MOTORCYCLES 6 § 20-764 Off-highway motorcycle. a. For purposes of this section, an 7 off-highway motorcycle shall have the same definition set forth in 8 section one hundred twenty-five-a of the vehicle and traffic law. 9 b. No corporation, partnership, firm, sole proprietorship or other 10 entity or person shall sell, lease or rent or attempt to sell, lease or 11 rent an off-highway motorcycle to another person in the city of New 12 York. 13 c. Any corporation, partnership, firm, sole proprietorship or other 14 entity or person who violates subdivision b of this section shall be 15 liable for a civil penalty of one thousand dollars for a first violation 16 and a civil penalty of two thousand dollars for each subsequent 17 violation within one year. Each sale, lease or rental, or attempt to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07380-02-3
S. 2773--A 2 1 sell, lease or rent, an off-highway motorcycle shall be deemed a sepa- 2 rate violation. Authorized employees of the department, the police 3 department, and of any other agency designated by the mayor, shall have 4 the authority to enforce the provisions of this section. Such penalties 5 shall be recovered in a civil action or in a proceeding commenced by the 6 service of a notice of hearing that shall be returnable before the 7 administrative tribunal of the department. In addition, such violation 8 shall be a traffic infraction and shall be punishable in accordance with 9 section eighteen hundred of the vehicle and traffic law. 10 d. Any off-highway motorcycle that has been used or is being used in 11 violation of the provisions of this section may be impounded and shall 12 not be released until any and all removal charges and storage fees and 13 the applicable fines have been paid or a bond has been posted in an 14 amount satisfactory to the commissioner of the agency that impounded 15 such device. 16 § 20-766 All terrain vehicle. a. For purposes of this section, an all 17 terrain vehicle shall have the same definition set forth in section 18 twenty-two hundred eighty-one of the vehicle and traffic law. 19 b. No corporation, partnership, firm, sole proprietorship or other 20 entity or person shall sell, lease or rent or attempt to sell, lease or 21 rent an all terrain vehicle to another person in the city of New York. 22 c. Any corporation, partnership, firm, sole proprietorship or other 23 entity or person who violates subdivision b of this section shall be 24 liable for a civil penalty of one thousand dollars for a first violation 25 and a civil penalty of two thousand dollars for each subsequent 26 violation within one year. Each sale, lease or rental, or attempt to 27 sell, lease or rent, an all terrain vehicle shall be deemed a separate 28 violation. Authorized employees of the department, the police depart- 29 ment, and of any other agency designated by the mayor, shall have the 30 authority to enforce the provisions of this section. Such penalties 31 shall be recovered in a civil action or in a proceeding commenced by the 32 service of a notice of hearing that shall be returnable before the 33 administrative tribunal of the department. In addition, such violation 34 shall be a traffic infraction and shall be punishable in accordance with 35 section eighteen hundred of the vehicle and traffic law. 36 d. Any all terrain vehicle that has been used or is being used in 37 violation of the provisions of this section may be impounded and shall 38 not be released until any and all removal charges and storage fees and 39 the applicable fines have been paid or a bond has been posted in an 40 amount satisfactory to the commissioner of the agency that impounded 41 such device. 42 § 2. Subdivisions 6 and 6-a of section 2282 of the vehicle and traffic 43 law, subdivision 6 as amended by chapter 402 of the laws of 1986 and 44 subdivision 6-a as added by section 1 of part D of chapter 59 of the 45 laws of 2005, are amended to read as follows: 46 6. Dealers. (a) Any person who is a dealer, and who is not registered 47 as a dealer pursuant to section four hundred fifteen of this chapter, 48 shall register as an ATV dealer and operate in accordance with the rules 49 and regulations of the commissioner for ATV dealers. The commissioner, 50 upon receipt of an application and the required fee, shall assign a 51 distinctive dealer registration number to the registrant and issue an 52 appropriate registration certificate to him and assign two dealer demon- 53 strator registration numbers and upon the payment of the appropriate 54 fee, such additional numbers as shall be requested. Dealer registrations 55 and dealer demonstrator registration numbers shall not be transferable.
S. 2773--A 3 1 Provided, however, the commissioner may limit the number of dealer 2 demonstration registration numbers issued to a dealer. 3 (b) No dealer shall sell or offer for retail sale any ATV, other than 4 an ATV identified and sold for use only in off-highway competitions, 5 which is not equipped with all equipment necessary for the registration 6 of an ATV. 7 (c) No dealer shall sell or offer for retail sale any ATV, other than 8 an ATV identified and sold for use outside the city of New York. 9 6-a. Registration at time of sale. (a) Every all terrain vehicle 10 defined by section twenty-two hundred eighty-one of this article sold by 11 a dealer shall be registered at the time of sale of such vehicle. Such 12 registration shall be valid until the thirty-first day of August follow- 13 ing the date of such sale; provided, however, that any all terrain vehi- 14 cle sold after April first of each year shall be issued a registration 15 valid until the thirty-first day of August in the year following that in 16 which the all terrain vehicle is sold. Any all terrain vehicle purchased 17 for use exclusively outside of the state of New York shall not require 18 registration at the time of purchase, and the purchaser of such all 19 terrain vehicle shall sign a declaration, provided by the dealer, which 20 shall state that such purchaser understands the conditions under which 21 an all terrain vehicle must be registered and the penalty for violation 22 of such registration provisions. Each signed declaration shall be 23 forwarded by the dealer to the commissioner. The form of such declara- 24 tion shall be provided by the commissioner to each dealer. 25 (b) Each purchaser of an all terrain vehicle purchased for use in the 26 state of New York shall sign a declaration, provided by the dealer, 27 which shall state that such purchaser understands all laws and regu- 28 lations governing the use of such all terrain vehicle on public road- 29 ways, sidewalks, and public highways including without limitation the 30 prohibition on operating an all terrain vehicle on public property with- 31 in the city of New York. Such declaration shall also state that the 32 purchaser understands the penalties for violation of such laws. Each 33 signed declaration shall be forwarded by the dealer to the commissioner. 34 The form of such declaration shall be provided by the commissioner to 35 each dealer. 36 § 3. This act shall take effect on the first of January next succeed- 37 ing the date upon which it shall have become a law. Effective imme- 38 diately, the addition, amendment and/or repeal of any rule or regulation 39 necessary for the implementation of this act on its effective date are 40 authorized to be made and completed on or before such effective date.