N.Y. Vehicle and Traffic Law 2403 – Operation of ATVs; where permitted
§ 2403. Operation of ATVs; where permitted. 1. Highways. No person shall operate an ATV on a highway except as provided herein.
Terms Used In N.Y. Vehicle and Traffic Law 2403
- ATV: means an all terrain vehicle or ATV as defined in section twenty-two hundred eighty-one of this chapter. See N.Y. Vehicle and Traffic Law 2401
- Conviction: A judgement of guilt against a criminal defendant.
- Operate: means to ride in or on, other than as a passenger, or use or control the operation of an ATV in any manner, whether or not said ATV is under way. See N.Y. Vehicle and Traffic Law 2401
- Operation as emergency vehicle: shall mean the operation or parking of an authorized emergency ATV, police or civil defense ATV, including attendant equipment, displaying emergency lights as provided in section twenty-four hundred six of this Article of the public health law, transporting emergency medical services, personnel and equipment to sick or injured persons, pursuing an actual or suspected violator of the law or responding to, or working or assisting at the scene of an accident, disaster, police call, alarm or other emergency but shall not include returning from such service. See N.Y. Vehicle and Traffic Law 2401
- Owner: means any person having a title to an ATV. See N.Y. Vehicle and Traffic Law 2401
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) An ATV may make a direct crossing on a highway other than an interstate highway or a controlled access highway, provided:
(i) the crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
(ii) the vehicle is brought to a complete stop before crossing the shoulder or main travelled way of the highway;
(iii) the driver yields the right-of-way to all oncoming traffic that constitutes an immediate hazard;
(iv) in crossing a divided highway, the crossing is made only at an intersection of the highway with another public street or highway, and
(v) if the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are lighted.
(b) An ATV may be operated on any highway which has been designated and posted as open for travel by ATVs in accordance with the provisions of section twenty-four hundred five of this article.
2. Public lands other than highways. No person shall operate an ATV on any public lands, waters and property other than a highway, except that an ATV may be operated on any such lands which have been designated and posted for travel by ATVs in accordance with the provisions of section twenty-four hundred five of this article.
3. Private property. No person shall operate an ATV on the private property of another without the consent of the owner or lessee thereof.
3-a. Real property of a farm operation. No person shall operate an ATV on the real property of a farm operation, as defined in subdivision eleven of § 301 of the agriculture and markets law, without the consent of the owner or lessee thereof, where such owner or lessee has erected or maintained any sign, structure, display, or device prohibiting the trespass thereon, and which shall include a sign stating: "No Trespassing". A violation of this subdivision shall be a traffic infraction, and shall, upon a conviction of a first violation be punishable by a fine of not more than two hundred fifty dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment; upon a conviction of a second violation, both of which were committed within a period of eighteen months, shall be punishable by a fine of not more than four hundred dollars or by imprisonment for not more than forty-five days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, shall be punishable by a fine of not more than five hundred fifty dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment.
4. Emergency vehicle. The provisions of subdivisions one, two and three of this section shall not apply to operation as emergency vehicle by any authorized emergency, police or civil defense all terrain vehicle.