BILL NUMBER: S7374
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to operation of
an all-terrain vehicle by a minor on public or private property
 
PURPOSE:
To ensure safety for operators of all-terrain vehicles on public or
private property.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 2410 of the vehicle and traffic
law, which relates to the operation of all-terrain vehicles by minors.
The language specifies that no person may operate an ATV with a
ANSI/SVIA 1-2010 certification label in violation of the age recommenda-
tion warning label placed by the manufacturer. It further states that a
person who is ten or eleven years of age may only operate an ATV with a'
70cc engine size or less and that a person who is twelve or fifteen
years of age may only operate an ATV with a 90cc engine size or less, if
the vehicle does not bear a certification label conforming to ANSI/SVIA
1-2010.
Section 2 of the bill amends section 2406 of the vehicle and traffic
law, which relates to equipment necessary for ATV operation, to provide
that no person shall operate an ATV or ride as a passenger on private or
public lands unless they wear a helmet approved by the commissioner.
Section 3 of the bill provides an effective date.
 
JUSTIFICATION:
In a 2018 survey, the Consumer Federation of America found that 25.3
percent of respondents reported wearing a helmet while operating an ATV.
Current New York State Law does not require operators of ATVs to wear
helmets. This legislation would ensure the safety of minors and opera-
tors by requiring the use of commissioner-approved helmets on private
and public lands and by limiting engine sizes for certain minors.
 
LEGISLATIVE HISTORY:
2021-22: S.6164 - referred to Transportation
2023-24: S.767 - referred to Transportation
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S7374: 2410 vehicle and traffic law, 2406 vehicle and traffic law, 2406(2) vehicle and traffic law