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It’s The Law

It’s The Law

See our new site covering rider safety and education issues, www.nyatvsafety.net!

The Department of Motor Vehicles has put up on their web site, their comprehensive guide to the basics of ATV owner responsibilities, Publication C-29, at http://dmv.ny.gov/broch/c29.htm. We recommend to anyone who owns an ATV or trail bike, to study and keep for reference a copy of this document.

With the disclaimer that we are not attorneys and can not give legal advice, at popular request here’s a list of some of the pertinent New York State Statutes affecting ATV and OHM recreation (the basis for some of the content of the above linked DMV publication):

“Registration of All Terrain Vehicles” Article 48-B of NYS Vehicle and Traffic Law.

“Rules for Operation of All Terrain Vehicles” Article 48-C of NYS Vehicle and Traffic Law.

“Federal Regulations Title 40 205.166 Noise Emissions Standards” referred to in V&T Article 48-C, S2405(b).

“Conditions on Real Property” Title 1, section 9-103 of General Obligations Law, a.k.a. “Hold Harmless Statute”

“Conservation Areas and Facilities; Private Refuges and Posted Lands” Title 21, EnCon Law.

“Equipment of Motor Vehicles and Motorcycles” Article 9 of V&T Law. Enduro heroes: see Section 391.

More “stuff”

Suffolk County, New York (a must-read for Long Island riders):

“Suffolk County ATV Law, Local Law 29-1998” notably impoundment and fines for illegal use.

“Truth in Selling Law, Local Law 18-2000” requires that ATV/OHM dealer in Suffolk Co. to make it clear to purchasers of ATVs about the special Suffolk County ATV Law.

“Law To Strengthen Enforcement Penalties for ATVs, Local Law 27-2002” adds such things to the existing only-of-its-kind local ATV law as a $3,000 redemption fee for impounded ATVs, among other increased fines.

Rensselaer County ATV Law of 2003
[We are in process of obtaining the text of this new county law. Our understanding is that it provides for specific fines and impound not defined in state law; and notably, requires written landowner permission to be carried by the rider. As an aside, this makes organized events impractical in the county. Congratulations, Rensselaer County for your brilliant thinking on the accommodation side (not).]

Also see “Equipment Required for Motorcycles” DMV Form MV-529B, plain English of above Article 9/Sec. 391.

Dual-sport (“home-built”) titling conversion forms are no longer accepted by NYS DMV Title Bureau as of 1999 due to EPA and Federal DOT requirements, we are told. Enduro and dual-sport club members, who are typically familiar with this situation, are your best source of information with regard to securing a highway registration for your street-legal-converted trailbike.

Other DMV forms of interest to riders:

MV-51B Statement of Ownership (for swearing to ownership of a non-titled vehicle)

DTF-802 Statement of Transaction/Affidavit of Sale (use as an official statement of sale, no need for a written receipt when purchasing a used ATV, trailbike, or snowmobile)