Enacts the "ATV, UTV, ROV safe riding protection act"

◆ The sponsor's argument

Why Lea Webb says this is needed

All-Terrain Vehicles (ATVs), Utility Task Vehicles (UTVs) and Recre- ational Off Highway Vehicles (ROVs) have seen increased usage and popu- larity all across New York State. These open-air, off-road conveyances, however, although both useful and fun, inherently come with certain safety limitations. When properly utilized, regulated and supervised, these vehicles can bring great use and benefit to their owners and oper- ators. That is why in 1985 and then in 1999, the State Legislature enacted Articles 48-B and 48C of the Vehicle and Traffic Law, to provide sufficient protections and regulation for ATVs operating in New York. In the 40 years since the first enactment of these articles, however, the technology for off road vehicles has expanded beyond that of ATVs to now also include Utility Task Vehicles (UTVs) and Recreational Off High- way Vehicles (ROVs). These new vehicle types do not fall within the definitional guidelines of ATVs, but still have many of the same opera- tional concerns, that caused the Legislature to enact guidelines for ATVs. This bill would update the Vehicle and Traffic Law to accomplish two important changes that have become necessary with the advancements of technology. First, it would update the current ATV statute, to require that an operator of an ATV must be not less than 16 years of age, and maintain a valid driver's license to operate a motor vehicle, and to further limit the operation of such ATV to speeds not in excess of 30 miles an hour unless upon a track dedicated for that purpose, and second, it would add two new articles, 48-D and 48-E respectively, to mirror the ATV safety standards and requirements for UTVs and ROVs, with 21st century definitions and terms of usage. Without this change, the misuse of these vehicles could continue, presenting serious safety concerns for UTV and ROV operators and passengers, as well as pedestri- ans and other vehicles. Currently, the operation of these powerful vehi- cles is unregulated, due to outdated definitions, allowing for serious accidents and calamities. This bill would use proven, limited regu- lation to apply to these products so they may be used and enjoyed safely and effectively, as intended, in our state. Lastly, but perhaps most importantly, this bill would provide for the following specific safety enhancements for ATVs, UTVs and ROVs, and their operators and passengers: * Requires that no person may operate an ATV, UTV or ROV unless they are at least 16 years of age and maintain a valid driver's license; * Provides a long recognized exception to the 16 year old, valid driv- er's license requirement, to state that a person fourteen years or older, and any person who does not maintain a valid driver's license, may however, operate an AN, exclusively upon lands owned or leased by such operator's parent or guardian, under the supervision of such parent or guardian, or a person eighteen years of age or over designated by such parent or guardian to supervise such operation. * Requires that no person may operate an AN, UN or ROV at a speed in excess of 30 miles per hour, unless upon a dedicated track approved by the commissioner of the department of motor vehicles for that purpose; * Extends the same requirements that all operators and passengers of an AN must wear a helmet to UTVs and ROVs; * Extends the same limitations for the operation of ATVs on Public High- ways to UTVs and ROVs; * Extends the same vehicle registration and insurance requirements imposed by law upon ANs to UTVs and ROVs; * Extends the same vehicle safety and equipment requirements imposed by law upon ATVs to UTVs and ROVs; and * Extends the same nighttime limitations of operation imposed by law upon ANs to UTVs and ROVs.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.