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
highways providing that such vehicle does not exceed seventy inches in
width, or one thousand pounds dry weight. Provided, however, this
definition 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
subdivision, 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
article if such vehicle is used or is intended to be used for any
purpose other than agricultural purposes or for snowplowing and shall be
regulated 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
registration certificate and assign a registration number to such ATV.
All such registrations shall be valid for a period prescribed by the
commissioner unless, prior to expiration of the period prescribed by the
commissioner, it is surrendered, cancelled, revoked or suspended
pursuant 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
commissioner under this article are as follows.
(a) An annual fee of ten dollars for each individual resident
registration.
(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
demonstrator 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
commissioner for that purpose. Such application shall contain or be
accompanied by such evidence of the ownership of the ATV described in
the application 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
demonstrator 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
registration 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
emergency purposes, provided that each such ATV shall display the proper
registration 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
resident 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
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 conform to the
requirements set forth in subdivision one of this section with the
exception that, unless otherwise prescribed by regulation of the
commissioner, the numbers assigned may be printed upon or attached to a
removable 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
commissioner 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
registered ATV may file such statement and proof of the facts as the
commissioner 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
registration 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
certificate 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 registration 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.