S 10543

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   10543
                             I N  S E N A T E
                               May 19, 2026
                                ___________
 Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 AN ACT to amend the vehicle and traffic law, in relation to enacting the
   "ATV, UTV, ROV safe riding protection act"
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section  1.  Short  title. This act shall be known and may be cited as
 the "ATV, UTV, ROV safe riding protection act".
   § 2. Section 2403 of the vehicle and traffic law is amended by  adding
 two new subdivisions 5 and 6 to read as follows:
   5.  MINIMUM  AGE  AND LICENSURE. NO PERSON SHALL OPERATE AN ATV UNLESS
 THEY ARE OVER THE AGE OF SIXTEEN YEARS AND  MAINTAIN  A  VALID  DRIVER'S
 LICENSE  TO  OPERATE  A  MOTOR VEHICLE IN ACCORDANCE WITH NEW YORK STATE
 LAW.
   6. SPEED OF OPERATION. NO PERSON SHALL OPERATE AN ATV AT  A  SPEED  IN
 EXCESS  OF THIRTY MILES PER HOUR, UNLESS SUCH ATV IS BEING OPERATED UPON
 A DEDICATED ATV TRACK OR THOROUGHFARE, IN ACCORDANCE WITH  CORRESPONDING
 GUIDELINES AND SAFETY EQUIPMENT APPROVED BY THE COMMISSIONER.
   §  3.  Subdivisions  1,  2, 4 and 5 of section 2410 of the vehicle and
 traffic law, as added by chapter 402 of the laws of 1986, subdivisions 1
 and 2 as amended by chapter 539 of the laws of 2023, are amended to read
 as follows:
   1. Except as provided by subdivision two of this  section,  no  person
 under  the  age of sixteen years shall operate an ATV [except upon lands
 owned or leased by his or her parent or guardian, unless he  or  she  is
 under  general  supervision  of  a person eighteen years of age or over.
 "Leased lands" as herein used shall  not  include  lands  leased  by  an
 organization  of which said operator or his or her parent or guardian is
 a member].
   2. [A person fourteen years of age but less than sixteen years of  age
 who  has  received safety training as prescribed by the commissioner and
 has received the  appropriate  ATV  safety  certificate  issued  by  the
 commissioner  may  operate  an ATV in the same manner as a person who is
 sixteen years of age or older.] NO PERSON SHALL OPERATE  AN  ATV  UNLESS
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15937-01-6
 S. 10543                            2
 THEY  ARE  OVER  THE  AGE OF SIXTEEN YEARS AND MAINTAIN A VALID DRIVER'S
 LICENSE TO OPERATE A MOTOR VEHICLE IN ACCORDANCE  WITH  NEW  YORK  STATE
 LAW. A PERSON FOURTEEN YEARS OR OLDER, AND ANY PERSON WHO DOES NOT MAIN-
 TAIN  A VALID DRIVER'S LICENSE, MAY HOWEVER, OPERATE AN ATV, 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.  "LEASED LANDS" AS USED IN THIS SUBDIVISION SHALL NOT INCLUDE
 LANDS LEASED BY AN ORGANIZATION OF WHICH SAID OPERATOR  OR  SUCH  OPERA-
 TOR'S PARENT OR GUARDIAN IS A MEMBER.
   4.  [No]  EXCEPT  AS  PROVIDED  BY SUBDIVISION TWO OF THIS SECTION, NO
 parent or guardian shall authorize or knowingly permit [his] SUCH PARENT
 OR GUARDIAN'S child or ward, if under sixteen years of age, OR WHO  DOES
 NOT  MAINTAIN  A  VALID  DRIVER'S LICENSE TO OPERATE A MOTOR VEHICLE, to
 operate an ATV in violation of any provision of this article, any  rules
 or  regulations  promulgated  thereunder, or the provisions of any local
 law or ordinance.
   5. [No] EXCEPT AS PROVIDED BY SUBDIVISION  TWO  OF  THIS  SECTION,  NO
 owner  or other person in possession of any ATV shall authorize or know-
 ingly permit any person under sixteen years of  age,  OR  WHO  DOES  NOT
 MAINTAIN  A VALID  DRIVER'S LICENSE TO OPERATE A MOTOR VEHICLE, to oper-
 ate [such] an ATV in violation of any provision  of  this  article,  any
 rules  or  regulations  promulgated thereunder, or the provisions of any
 local law or ordinance.
   § 4. The vehicle and traffic law is amended by adding  a  new  article
 48-D to read as follows:
                                ARTICLE 48-D
                   REGISTRATION OF UTILITY TASK VEHICLES
 SECTION 2500. JURISDICTION OF DEPARTMENT.
         2501. DEFINITIONS.
         2502. REGISTRATION AND PERMIT.
         2503. DISPLAY OF REGISTRATION.
         2504. REGISTRATION RECORD.
         2505. CERTIFICATE OF REGISTRATION.
         2506. LICENSING BY MUNICIPALITIES.
         2507. SPECIAL EVENTS.
         2508. RESPONSIBILITY FOR OPERATION BY MINORS.
         2509. VIOLATIONS.
         2510. RULES AND REGULATIONS.
         2511. DISPOSITION OF FEES.
   §  2500.  JURISDICTION  OF  DEPARTMENT. 1. THE REGISTRATION OF UTILITY
 TASK VEHICLES SHALL BE UNDER THE JURISDICTION OF THE DEPARTMENT.
   2. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, ALL OF  THE  PROVISIONS  OF
 THIS CHAPTER SHALL APPLY TO UTILITY TASK VEHICLES.
   §  2501.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. (A) "UTILITY TASK VEHICLE" OR "UTV" SHALL MEAN:
   (I) A SIDE-BY-SIDE, FOUR-WHEEL DRIVE, OFF-ROAD VEHICLE THAT IS  RIDDEN
 IN  AND  NOT  ON,  HAS  FOUR  WHEELS,  THAT  IS PROPELLED BY AN INTERNAL
 COMBUSTION ENGINE WITH A PISTON DISPLACEMENT CAPACITY  OF  ONE  THOUSAND
 TWO  HUNDRED  CUBIC  CENTIMETERS  OR LESS, AND HAS A TOTAL DRY WEIGHT OF
 FIVE HUNDRED BUT LESS THAN TWO THOUSAND SIX HUNDRED POUNDS, AND THAT MAY
 OR MAY NOT CONTAIN  A  ROLL  OVER  PROTECTION  SYSTEM  AND/OR  ROLL  BAR
 PROTECTION; OR
   (II) A SIDE-BY-SIDE, FOUR WHEEL DRIVE, OFF-ROAD VEHICLE THAT IS RIDDEN
 IN AND NOT ON, HAS FOUR WHEELS, THAT IS PROPELLED BY AN ELECTRIC ENGINE,
 S. 10543                            3
 WHICH  HAS  THE EQUIVALENT POWER OF AN INTERNAL COMBUSTION ENGINE WITH A
 PISTON DISPLACEMENT CAPACITY OF ONE THOUSAND TWO HUNDRED CUBIC  CENTIME-
 TERS  OR  LESS, AND HAS A TOTAL DRY WEIGHT OF FIVE HUNDRED BUT LESS THAN
 TWO  THOUSAND SIX HUNDRED POUNDS, AND THAT MAY OR MAY NOT CONTAIN A ROLL
 OVER PROTECTION SYSTEM AND/OR ROLL BAR PROTECTION.
   (B) PROVIDED, HOWEVER, THAT THE TERM "UTILITY TASK VEHICLE"  OR  "UTV"
 SHALL  NOT INCLUDE AN ALL TERRAIN VEHICLE, A GOLF CART, A MINI TRUCK, OR
 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.
   (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
 SUBDIVISION, THE TERM "UTILITY TASK VEHICLE" OR "UTV" 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  UTILITY  TASK  VEHICLE OR UTV 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 UTIL-
 ITY TASK VEHICLES OR UTVS WHILE IN SUCH USE.
   2.  "DEALER"  MEANS ANY PERSON ENGAGED IN THE BUSINESS OF SELLING UTVS
 AT WHOLESALE OR RETAIL.
   § 2502. REGISTRATION  AND  PERMIT.  1.  EXCEPT  AS  PROVIDED  IN  THIS
 SECTION,  NO  PERSON  SHALL OPERATE ANY UTV WITHIN THE STATE UNLESS SUCH
 UTV HAS BEEN REGISTERED AND NUMBERED IN ACCORDANCE WITH  THE  PROVISIONS
 OF  THIS  ARTICLE,  AND  THE REGISTRATION NUMBER FOR SUCH UTV IS IN FULL
 FORCE AND EFFECT AND DISPLAYED AS PROVIDED UNDER THIS ARTICLE AND  REGU-
 LATIONS PROMULGATED THEREUNDER.
   2. THE COMMISSIONER IS AUTHORIZED TO REGISTER A UTV, ISSUE A REGISTRA-
 TION  CERTIFICATE AND ASSIGN A REGISTRATION NUMBER TO SUCH UTV. ALL SUCH
 REGISTRATIONS SHALL BE VALID FOR A PERIOD PRESCRIBED BY THE COMMISSIONER
 UNLESS, PRIOR TO EXPIRATION OF THE PERIOD PRESCRIBED BY THE  COMMISSION-
 ER,  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
 UTV  UNTIL  THE  UTV IS DESTROYED, ABANDONED OR PERMANENTLY REMOVED FROM
 THE STATE, OR UNTIL CHANGED OR TERMINATED BY THE COMMISSIONER.
   4. FEES FOR REGISTRATION OF UTVS TO BE COLLECTED BY  THE  COMMISSIONER
 UNDER THIS ARTICLE ARE AS FOLLOWS:
   (A)  AN ANNUAL FEE OF TWELVE DOLLARS AND FIFTY CENTS FOR EACH INDIVID-
 UAL RESIDENT REGISTRATION.
   (B) AN ANNUAL FEE OF TWELVE DOLLARS AND FIFTY CENTS FOR EACH  INDIVID-
 UAL 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 DEMON-
 STRATOR 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 APPLICA-
 BLE TO A YEAR OR ANY PORTION OF A YEAR.
 S. 10543                            4
   (H) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  SECTION,  THE
 DIFFERENCE  COLLECTED  BETWEEN  THE FEES SET FORTH IN PARAGRAPHS (A) AND
 (B) OF THIS SUBDIVISION IN EFFECT ON  AND  AFTER  SEPTEMBER  FIRST,  TWO
 THOUSAND TWENTY-FIVE AND THE FEES SET FORTH IN SUCH PARAGRAPHS IN EFFECT
 PRIOR  TO  SUCH  DATE  SHALL BE DEPOSITED TO THE CREDIT OF THE DEDICATED
 HIGHWAY AND BRIDGE TRUST FUND, ESTABLISHED PURSUANT TO  SECTION  EIGHTY-
 NINE-B OF THE STATE FINANCE LAW.
   5.  THE  OWNER  OF  EACH UTV REQUIRING REGISTRATION UNDER THIS SECTION
 SHALL PRESENT AN APPLICATION FOR REGISTRATION TO THE COMMISSIONER, ON  A
 DOCUMENT  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 UTV DESCRIBED IN THE APPLICATION AS MAY
 BE REQUIRED BY THE COMMISSIONER.
   6.  (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  A  UTV DEALER AND OPERATE IN ACCORDANCE WITH THE RULES AND
 REGULATIONS OF THE COMMISSIONER FOR UTV DEALERS.
   (B) THE COMMISSIONER, UPON RECEIPT OF AN APPLICATION AND THE  REQUIRED
 FEE, SHALL ASSIGN A DISTINCTIVE DEALER REGISTRATION NUMBER TO THE REGIS-
 TRANT  AND  ISSUE AN APPROPRIATE REGISTRATION CERTIFICATE TO SUCH PERSON
 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 DEMONSTRATOR REGISTRATION NUMBERS  ISSUED
 TO A DEALER.
   (C)  NO DEALER SHALL SELL OR OFFER FOR RETAIL SALE ANY UTV, OTHER THAN
 A UTV IDENTIFIED AND SOLD FOR  USE  ONLY  IN  OFF-HIGHWAY  COMPETITIONS,
 WHICH  IS NOT EQUIPPED WITH ALL EQUIPMENT NECESSARY FOR THE REGISTRATION
 OF A UTV.
   7. (A) EVERY UTILITY VEHICLE SOLD BY A DEALER SHALL BE  REGISTERED  AT
 THE TIME OF SALE OF SUCH VEHICLE. SUCH REGISTRATION SHALL BE VALID UNTIL
 THE  THIRTY-FIRST  DAY  OF  AUGUST  FOLLOWING  THE  DATE  OF  SUCH SALE;
 PROVIDED, HOWEVER, THAT ANY UTILITY TASK VEHICLE SOLD AFTER APRIL  FIRST
 OF EACH YEAR SHALL BE ISSUED A REGISTRATION VALID UNTIL THE THIRTY-FIRST
 DAY OF AUGUST IN THE YEAR FOLLOWING THAT IN WHICH THE UTILITY TASK VEHI-
 CLE IS SOLD.
   (B)  ANY UTILITY TASK VEHICLE PURCHASED FOR USE EXCLUSIVELY OUTSIDE OF
 THE STATE OF NEW YORK SHALL NOT REQUIRE  REGISTRATION  AT  THE  TIME  OF
 PURCHASE,  AND  THE  PURCHASER OF SUCH UTILITY TASK VEHICLE SHALL SIGN A
 DECLARATION, PROVIDED  BY  THE  DEALER,  WHICH  SHALL  STATE  THAT  SUCH
 PURCHASER UNDERSTANDS THE CONDITIONS UNDER WHICH AN UTILITY TASK VEHICLE
 MUST  BE  REGISTERED  AND THE PENALTY FOR VIOLATION OF SUCH REGISTRATION
 PROVISIONS. EACH SIGNED DECLARATION SHALL BE FORWARDED BY THE DEALER  TO
 THE  COMMISSIONER. THE FORM OF SUCH DECLARATION SHALL BE PROVIDED BY THE
 COMMISSIONER TO EACH DEALER.
   8. EVERY OWNER OF A UTV AND DEALER SHALL RENEW THEIR  REGISTRATION  IN
 SUCH  MANNER AS THE COMMISSIONER SHALL PRESCRIBE, ON PAYMENT OF THE SAME
 REGISTRATION FEES AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
   9. (A) 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 SUCH COMMISSIONER 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.
 S. 10543                            5
   (B) NO UTV SHALL BE CONSIDERED AS VALIDLY REGISTERED WITHIN THE  MEAN-
 ING OF THIS SECTION UNLESS A CURRENT REGISTRATION CERTIFICATE, REGISTRA-
 TION NUMBER AND CURRENT INDICIA OF REGISTRATION HAVE BEEN ISSUED.
   10.  NO  UTV  SHALL  BE  REGISTERED,  NOR SHALL SUCH A REGISTRATION BE
 RENEWED, UNLESS THE UTV IS EQUIPPED WITH BRAKES, MUFFLER, SPARK ARRESTER
 AND TIRES AS PRESCRIBED IN SUBDIVISION ONE OF SECTION TWENTY-SIX HUNDRED
 SIX OF THIS TITLE.
   11. A REGISTRATION NUMBER SHALL BE ASSIGNED, WITHOUT PAYMENT OF A FEE,
 FOR UTVS OWNED BY GOVERNMENTAL AGENCIES, OR BY  VOLUNTEER  ORGANIZATIONS
 IF  USED EXCLUSIVELY FOR EMERGENCY PURPOSES, PROVIDED THAT EACH SUCH UTV
 SHALL DISPLAY THE PROPER REGISTRATION NUMBER ASSIGNED TO IT.
   12. NO REGISTRATIONS SHALL BE REQUIRED  FOR  THE  FOLLOWING  DESCRIBED
 UTVS:
   A. UTVS OWNED AND USED BY THE UNITED STATES, ANOTHER STATE, OR A POLI-
 TICAL  SUBDIVISION  THEREOF,  BUT SUCH UTV SHALL DISPLAY THE NAME OF THE
 OWNER ON THE VEHICLE THEREOF.
   B. UTVS COVERED BY A VALID REGISTRATION OR LICENSE OF  ANOTHER  STATE,
 PROVINCE  OR  COUNTRY,  AS  PROVIDED  IN  SUBDIVISION  THIRTEEN  OF THIS
 SECTION.
   13. (A) THE REGISTRATION PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO
 NON-RESIDENT OWNERS WHO HAVE REGISTERED THEIR UTVS  IN  COMPLIANCE  WITH
 THE  REGISTRATION AND LICENSING LAWS OF THE STATE, PROVINCE, DISTRICT OR
 COUNTRY OF RESIDENCE, PROVIDED THAT THE UTV IS APPROPRIATELY  IDENTIFIED
 IN ACCORDANCE WITH THE LAWS OF THE STATE OF RESIDENCE.
   (B)  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A RESIDENT
 OF ANOTHER STATE, PROVINCE, DISTRICT OR COUNTRY WHICH DOES  NOT  HAVE  A
 UTV REGISTRATION AND IDENTIFICATION LAW.
   (C)  NOTHING  IN  THIS SUBDIVISION SHALL BE CONSTRUED TO AUTHORIZE THE
 OPERATION OF ANY UTV CONTRARY TO THE PROVISIONS OF THIS ARTICLE.
   § 2503. DISPLAY OF REGISTRATION. 1. THE REGISTRATION NUMBER WITH INDI-
 CIA OF REGISTRATION ASSIGNED TO A UTV 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  AS  SET  FORTH IN SUBDIVISION ONE OF THIS SECTION WITH THE
 EXCEPTION THAT, UNLESS OTHERWISE PRESCRIBED BY REGULATION OF THE COMMIS-
 SIONER, THE NUMBERS ASSIGNED MAY BE PRINTED UPON OR ATTACHED TO A REMOV-
 ABLE PLAQUE OR PLAQUES TO BE TEMPORARILY BUT FIRMLY AFFIXED TO  THE  UTV
 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.
   §  2504.  REGISTRATION  RECORD. UPON RECEIPT OF SUFFICIENT APPLICATION
 FOR REGISTRATION OF A UTV, 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 UTV AS PROVIDED IN
 THIS ARTICLE.
   §  2505.  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 UTV A DISTINCTIVE NUMBER, AND,
 WITHOUT FURTHER EXPENSE TO THE APPLICANT, ISSUE A CERTIFICATE OF  REGIS-
 TRATION, 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 UTV MAY  FILE  SUCH  STATEMENT
 AND  PROOF  OF THE FACTS AS THE COMMISSIONER SHALL REQUIRE WITH A FEE OF
 S. 10543                            6
 THREE DOLLARS, WITH THE DEPARTMENT, FOR THE ISSUANCE OF A  DUPLICATE  OR
 SUBSTITUTE.
   2.  CARRYING  CERTIFICATE.  EVERY PERSON OPERATING A UTV 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 THEIR SPECIAL DUTIES,  PRODUCE  FOR  INSPECTION  THE  CERTIFICATE  OF
 REGISTRATION  FOR SUCH UTV AND SHALL FURNISH TO SUCH PERSON ANY INFORMA-
 TION NECESSARY FOR THE IDENTIFICATION OF SUCH UTV AND ITS  OWNER.    THE
 FAILURE  TO  PRODUCE  THE  CERTIFICATE  OF  REGISTRATION SHALL NOT BE AN
 OFFENSE, BUT SHALL BE PRESUMPTIVE EVIDENCE OF OPERATING A UTV  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. (A) WHENEVER A UTV IS TRANSFERRED, THE CERTIF-
 ICATE OF REGISTRATION SHALL BE PROPERLY SIGNED AND EXECUTED BY THE OWNER
 SHOWING THAT THE OWNERSHIP OF THE UTV  HAS  BEEN  TRANSFERRED  AND  SUCH
 CERTIFICATE SHALL BE GIVEN TO THE NEW OWNER.
   (B) IN THE CASE OF TRANSFER, EXCEPT A TRANSFER TO A REGISTERED DEALER,
 THE  NEW OWNER SHALL APPLY FOR A NEW CERTIFICATE BY COMPLETING AN APPLI-
 CATION FOR REGISTRATION. SUCH APPLICATION  SHALL  BE  SUBMITTED  TO  THE
 DEPARTMENT  TOGETHER  WITH THE OLD CERTIFICATE OF REGISTRATION, PROPERLY
 SIGNED BY THE PREVIOUS OWNER, AND THE REQUIRED FEE OF TEN DOLLARS.
   (C) THE OLD CERTIFICATE OF REGISTRATION, PROPERLY SIGNED BY THE PREVI-
 OUS OWNER OR OTHER INDICIA AS PRESCRIBED BY REGULATION  OF  THE  COMMIS-
 SIONER, SHALL CONSTITUTE A TEMPORARY REGISTRATION FOR SUCH NEW OWNER FOR
 A  PERIOD  DETERMINED  BY  THE  COMMISSIONER  FROM THE DATE SUCH UTV WAS
 TRANSFERRED TO THE NEW OWNER.
   (D) IN THE EVENT THAT SUCH UTV WAS PURCHASED FROM A REGISTERED DEALER,
 THE APPLICATION SHALL BE ACCOMPANIED BY THE OLD CERTIFICATE OF REGISTRA-
 TION TRANSFERRED TO THE DEALER, THE REQUIRED FEE, AND 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 A UTV REGISTERED PURSUANT TO THE PROVISIONS OF THIS ARTI-
 CLE  TO  NOTIFY THE DEPARTMENT, IN WRITING, OF THE DESTRUCTION, THEFT OR
 PERMANENT REMOVAL OF SUCH UTV 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.
   § 2506. LICENSING BY MUNICIPALITIES.  NO  MUNICIPALITY  SHALL  REQUIRE
 LICENSING OR REGISTRATION OF UTVS WHICH ARE COVERED BY THE PROVISIONS OF
 THIS  ARTICLE. NOTHING IN THIS SECTION 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 UTVS ON SUCH
 PUBLIC LANDS. A MUNICIPALITY MAY CHARGE A FEE FOR USE OF  UTVS  ON  SUCH
 PUBLIC LANDS.
   §  2507.  SPECIAL  EVENTS. UTVS OPERATED AT SPECIAL EVENTS PURSUANT TO
 SECTION TWENTY-SIX HUNDRED EIGHT OF THIS TITLE MAY BE EXEMPTED FROM  THE
 PROVISIONS OF THIS ARTICLE CONCERNING REGISTRATION.
   §  2508.  RESPONSIBILITY  FOR  OPERATION  BY MINORS. NO OWNER OR OTHER
 PERSON IN POSSESSION OF ANY UTV SHALL AUTHORIZE OR KNOWINGLY PERMIT  ANY
 PERSON  UNDER  SIXTEEN  YEARS OF AGE TO OPERATE SUCH UTV IN VIOLATION OF
 ANY PROVISION OF THIS ARTICLE.
 S. 10543                            7
   § 2509. VIOLATIONS. ANY PERSON WHO  VIOLATES  ANY  PROVISION  OF  THIS
 ARTICLE  OR  REGULATION  ADOPTED  PURSUANT  THERETO SHALL BE GUILTY OF A
 TRAFFIC INFRACTION.
   §  2510. RULES AND REGULATIONS. THE COMMISSIONER SHALL MAKE SUCH RULES
 AND REGULATIONS AS THEY MAY DEEM NECESSARY TO CARRY OUT  THE  PROVISIONS
 OF THIS ARTICLE.
   § 2511. DISPOSITION OF FEES. THE COMMISSIONER SHALL DEPOSIT ALL MONIES
 RECEIVED  FROM THE REGISTRATION OF UTVS AND ALL FEES OTHERWISE COLLECTED
 UNDER THIS ARTICLE TO THE CREDIT OF THE GENERAL FUND.
   § 5. The vehicle and traffic law is amended by adding  a  new  article
 48-E to read as follows:
                                ARTICLE 48-E
               RULES FOR OPERATION OF UTILITY TASK VEHICLES
 SECTION 2600. LEGISLATIVE PURPOSE.
         2601. DEFINITIONS.
         2602. RULES AND REGULATIONS.
         2603. OPERATION OF UTVS; WHERE PERMITTED.
         2604. OPERATING RULES.
         2605. DESIGNATION  OF  HIGHWAYS  AND  PUBLIC LANDS FOR TRAVEL BY
                 UTVS.
         2606. EQUIPMENT.
         2607. LIABILITY INSURANCE.
         2608. SPECIAL EVENTS.
         2609. UTV SAFETY COURSE AND SAFETY CERTIFICATE.
         2610. OPERATION BY MINORS.
         2611. LIABILITY FOR NEGLIGENCE.
         2612. SERVICE ON NONRESIDENTS AND CERTAIN RESIDENTS, ADMINISTRA-
                 TORS OR EXECUTORS.
         2613. ACCIDENTS; REPORTS.
   § 2600. LEGISLATIVE PURPOSE. IT IS THE  PURPOSE  OF  THIS  ARTICLE  TO
 PROMOTE  THE  SAFE AND PROPER USE OF UTVS FOR RECREATION AND COMMERCE IN
 THIS STATE, TO ENSURE THE SAFETY AND WELL-BEING OF ALL PERSONS  CONCERN-
 ING  THE  USE  OF UTVS, TO MINIMIZE DETRIMENTAL EFFECTS OF SUCH USE UPON
 THE ENVIRONMENT, AND TO PROVIDE A METHOD  WHEREBY  MUNICIPALITIES  SHALL
 CONSIDER  THE  DESIGNATION  OF  APPROPRIATE PUBLIC LANDS FOR UTV USE AND
 REGULATION THEREOF.
   § 2601. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL  HAVE  THE  FOLLOWING MEANINGS, UNLESS THE CONTEXT REQUIRES OTHER-
 WISE:
   1. "GOVERNMENTAL AGENCY" MEANS ANY AGENCY OF THE STATE OF NEW YORK AND
 ALL MUNICIPALITIES WITHIN THE STATE.
   2. "UTILITY TASK VEHICLE" OR "UTV" MEANS A UTILITY TASK VEHICLE OR UTV
 AS DEFINED IN SECTION TWENTY-FIVE HUNDRED ONE OF THIS TITLE.
   3. (A) "OWNER" MEANS ANY PERSON HAVING A TITLE TO A UTV.
   (B) IF A UTV IS SOLD UNDER A CONTRACT OF CONDITIONAL SALE WHEREBY  THE
 TITLE  REMAINS  IN  THE  POSSESSION  OF THE VENDOR, SUCH VENDOR OR THEIR
 ASSIGNEE SHALL NOT, AFTER DELIVERY OF SUCH UTV, BE DEEMED AN OWNER WITH-
 IN THE PROVISIONS OF THIS SECTION, BUT THE  VENDEE  OR  THEIR  ASSIGNEE,
 UPON  RECEIPT OF POSSESSION THEREOF, SHALL BE DEEMED SUCH OWNER NOTWITH-
 STANDING THE TERMS OF SUCH CONTRACT, UNTIL THE VENDOR OR THEIR  ASSIGNEE
 SHALL RETAKE POSSESSION.
   (C)  A  PERSON  HOLDING ONLY A SECURITY INTEREST IN A UTV SHALL NOT BE
 DEEMED AN OWNER UNLESS SUCH PERSON ALSO HAS POSSESSION OF SUCH UTV.
   4. "OPERATE" MEANS TO RIDE IN OR ON, OTHER THAN AS A PASSENGER, OR USE
 OR CONTROL THE OPERATION OF A UTV IN ANY MANNER, WHETHER OR NOT SAID UTV
 IS UNDER WAY.
 S. 10543                            8
   5. "OPERATOR" MEANS EVERY PERSON WHO OPERATES OR IS IN ACTUAL PHYSICAL
 CONTROL OF A UTV.
   6.  "SPECIAL EVENT" SHALL MEAN AN ORGANIZED RALLY, RACE, EXHIBITION OR
 DEMONSTRATION OF LIMITED DURATION WHICH  IS  CONDUCTED  ACCORDING  TO  A
 PREARRANGED SCHEDULE AND IN WHICH GENERAL PUBLIC INTEREST IS MANIFESTED.
   7.  "AUTHORIZED  EMERGENCY UTV" SHALL MEAN A UTV DESIGNATED AS SUCH IN
 WRITING BY THE CHIEF EXECUTIVE OFFICER OF ANY DULY  ORGANIZED  VOLUNTEER
 AMBULANCE COMPANY, FIRE DEPARTMENT, OR PAID FIRE DEPARTMENT, OPERATED BY
 A  MEMBER  THEREOF  AND  EQUIPPED  WITH  EMERGENCY LIGHTS AS PROVIDED IN
 SECTION TWENTY-SIX HUNDRED SIX OF THIS ARTICLE.
   8. "AUTHORIZED POLICE UTV" SHALL MEAN A UTV OPERATED BY  A  POLICE  OR
 OTHER  PEACE  OFFICER WHILE ENGAGED IN THE PERFORMANCE OF THEIR OFFICIAL
 DUTIES WITHIN THE AREA OF THEIR TERRITORIAL JURISDICTION.
   9. "AUTHORIZED CIVIL DEFENSE UTV" SHALL MEAN A UTV DESIGNATED AS  SUCH
 IN WRITING BY THE CHIEF EXECUTIVE OFFICER OF A MUNICIPALITY AND OPERATED
 BY  A  MEMBER  OF  A  CIVIL DEFENSE ORGANIZATION OF THE MUNICIPALITY AND
 EQUIPPED WITH EMERGENCY LIGHTS AS PROVIDED IN SECTION TWENTY-SIX HUNDRED
 SIX OF THIS ARTICLE.
   10. "OPERATION AS EMERGENCY VEHICLE" SHALL MEAN THE OPERATION OR PARK-
 ING OF AN AUTHORIZED EMERGENCY UTV, POLICE OR CIVIL DEFENSE UTV, INCLUD-
 ING ATTENDANT EQUIPMENT, DISPLAYING  EMERGENCY  LIGHTS  AS  PROVIDED  IN
 SECTION  TWENTY-SIX HUNDRED SIX OF THIS ARTICLE AND WHICH UTV IS ENGAGED
 IN TRANSPORTING A SICK OR INJURED PERSON TO THE NEAREST MEDICAL FACILITY
 OR APPROPRIATE SITE FOR TRANSFER TO AN AMBULANCE AS DEFINED  IN  ARTICLE
 THIRTY   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.
   §  2602.  RULES AND REGULATIONS. 1. WITH A VIEW OF ACHIEVING ENJOYABLE
 AND PROPER USE OF UTVS AND MINIMIZING  THE  DETRIMENTAL  EFFECT  THEREOF
 UPON THE ENVIRONMENT, RULES AND REGULATIONS RELATING TO, BUT NOT LIMITED
 TO, THE FOLLOWING MAY BE ADOPTED AND PROMULGATED AS HEREIN PROVIDED.
   2. THE COMMISSIONER MAY ADOPT RULES AND REGULATIONS:
   (A)  FOR  CONDUCTING  SPECIAL EVENTS AS PROVIDED IN SECTION TWENTY-SIX
 HUNDRED EIGHT OF THIS ARTICLE;
   (B) FOR THE  ADMINISTRATION  AND  ENFORCEMENT  OF  THE  PROVISIONS  OF
 SECTION  TWENTY-SIX  HUNDRED SEVEN OF THIS ARTICLE RELATING TO LIABILITY
 INSURANCE;
   (C) ESTABLISHING A COMPREHENSIVE UTV INFORMATION AND SAFETY  EDUCATION
 AND TRAINING PROGRAM OR PROGRAMS INCLUDING PROVISION FOR ISSUANCE OF UTV
 SAFETY CERTIFICATES FOR OPERATION OF UTVS BY YOUTHFUL OPERATORS;
   (D)  WITH  RESPECT  TO  UNIFORM SIGNS OR MARKERS TO BE USED BY GOVERN-
 MENTAL AGENCIES WHICH ARE NECESSARY OR DESIRABLE TO CONTROL,  DIRECT  OR
 REGULATE  THE OPERATION AND USE OF UTVS. SUCH SIGNS AS MAY BE DESIGNATED
 FOR USE ON HIGHWAYS SHALL ALSO BE APPROVED BY THE COMMISSIONER OF TRANS-
 PORTATION; AND
   (E) WITH RESPECT TO SUCH OTHER MATTERS AS MAY BE NECESSARY OR  DESIRA-
 BLE  TO  PROVIDE FOR THE EFFECTIVE ADMINISTRATION AND ENFORCEMENT OF THE
 PROVISIONS OF THIS ARTICLE.
   3. ANY STATE AGENCY MAY ADOPT RULES AND REGULATIONS  NOT  INCONSISTENT
 WITH  THE  PROVISIONS  OF  THIS  CHAPTER IN A MANNER APPROPRIATE TO SUCH
 AGENCY TO PERMIT OR REGULATE THE USE OF UTVS ON SPECIFICALLY  DESIGNATED
 LAND, INCLUDING HIGHWAYS, UNDER ITS JURISDICTION.
   §  2603.  OPERATION  OF  UTVS; WHERE PERMITTED. 1. HIGHWAYS. NO PERSON
 SHALL OPERATE A UTV ON A HIGHWAY EXCEPT AS PROVIDED IN THIS SECTION.
 S. 10543                            9
   (A) A UTV MAY MAKE A DIRECT CROSSING ON A HIGHWAY OTHER THAN AN INTER-
 STATE 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 TRAVELED 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 VISI-
 BILITY, ONLY IF BOTH FRONT AND REAR LIGHTS ARE LIT.
   (B) A UTV MAY BE OPERATED ON ANY HIGHWAY WHICH HAS BEEN DESIGNATED AND
 POSTED  AS  OPEN FOR TRAVEL BY UTVS IN ACCORDANCE WITH THE PROVISIONS OF
 SECTION TWENTY-SIX HUNDRED FIVE OF THIS ARTICLE.
   2. PUBLIC LANDS OTHER THAN HIGHWAYS. NO PERSON SHALL OPERATE A UTV  ON
 ANY  PUBLIC LANDS, WATERS AND PROPERTY OTHER THAN A HIGHWAY, EXCEPT THAT
 A UTV MAY BE OPERATED ON ANY SUCH LANDS WHICH HAVE BEEN  DESIGNATED  AND
 POSTED  FOR  TRAVEL BY UTVS IN ACCORDANCE WITH THE PROVISIONS OF SECTION
 TWENTY-SIX HUNDRED FIVE OF THIS ARTICLE.
   3. PRIVATE PROPERTY. NO PERSON SHALL OPERATE  A  UTV  ON  THE  PRIVATE
 PROPERTY OF ANOTHER WITHOUT THE CONSENT OF THE OWNER OR LESSEE THEREOF.
   4.  REAL  PROPERTY  OF A FARM OPERATION. (A) NO PERSON SHALL OPERATE A
 UTV ON THE REAL PROPERTY OF A FARM OPERATION, AS DEFINED IN  SUBDIVISION
 ELEVEN  OF SECTION THREE HUNDRED ONE 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 STAT-
 ING:  "NO TRESPASSING".
   (B) 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.
   5.  EMERGENCY  VEHICLE.  THE  PROVISIONS  OF SUBDIVISIONS ONE, TWO AND
 THREE OF THIS SECTION SHALL NOT APPLY TO OPERATION AS AN EMERGENCY VEHI-
 CLE BY ANY AUTHORIZED EMERGENCY, POLICE OR CIVIL  DEFENSE  UTILITY  TASK
 VEHICLE.
   6.  MINIMUM  AGE  AND LICENSURE. NO PERSON SHALL OPERATE AN UTV UNLESS
 THEY ARE OVER THE AGE OF SIXTEEN YEARS, AND MAINTAIN  A  VALID  DRIVER'S
 LICENSE  TO  OPERATE  A  MOTOR VEHICLE IN ACCORDANCE WITH NEW YORK STATE
 LAW. A PERSON FOURTEEN YEARS OR OLDER, AND ANY PERSON WHO DOES NOT MAIN-
 TAIN A VALID DRIVER'S LICENSE, MAY HOWEVER, OPERATE AN UTV,  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. "LEASED LANDS" AS USED IN THIS SUBDIVISION SHALL NOT  INCLUDE
 S. 10543                           10
 LANDS  LEASED  BY  AN ORGANIZATION OF WHICH SAID OPERATOR OR SUCH OPERA-
 TOR'S PARENT OR GUARDIAN IS A MEMBER.
   7.  SPEED  OF  OPERATION. NO PERSON SHALL OPERATE AN UTV AT A SPEED IN
 EXCESS OF THIRTY MILES PER HOUR, UNLESS SUCH UTV IS BEING OPERATED  UPON
 A  DEDICATED UTV TRACK OR THOROUGHFARE, IN ACCORDANCE WITH CORRESPONDING
 GUIDELINES AND SAFETY EQUIPMENT APPROVED BY THE COMMISSIONER.
   § 2604. OPERATING RULES. 1. NO PERSON SHALL OPERATE A UTV:
   (A) AT A RATE OF SPEED GREATER THAN IS REASONABLE  AND  PRUDENT  UNDER
 THE  CONDITIONS  AND  HAVING  REGARD TO THE ACTUAL AND POTENTIAL HAZARDS
 THEN EXISTING, AND IN ACCORDANCE WITH  SUBDIVISIONS  SIX  AND  SEVEN  OF
 SECTION TWENTY-SIX HUNDRED THREE OF THIS ARTICLE;
   (B)  IN A CARELESS, RECKLESS OR NEGLIGENT MANNER SO AS TO UNREASONABLY
 ENDANGER THE PERSON OR PROPERTY OF ANOTHER OR  CAUSE  INJURY  OR  DAMAGE
 THERETO ON THE TRACKS OR RIGHT-OF-WAY OF AN OPERATING RAILROAD;
   (C)  IN  ANY  TREE  NURSERY  OR  PLANTING  IN A MANNER THAT DAMAGES OR
 DESTROYS GROWING STOCK, OR CREATES A SUBSTANTIAL RISK THERETO;
   (D) WHILE PULLING A PERSON ON SKIS OR  DRAWING  OR  TOWING  A  SLEIGH,
 SLED, TOBOGGAN, INFLATABLE DEVICE OR TRAILER WHICH CARRIES OR TRANSPORTS
 ANY PERSON UNLESS ATTACHED BY A RIGID SUPPORT, CONNECTION OR TOWBAR;
   (E) ON THE FROZEN SURFACE OF PUBLIC WATERS: WITHIN ONE HUNDRED FEET OF
 ANY  PERSON  OTHER  THAN A PERSON RIDING ON AN UTV EXCEPT AT THE MINIMUM
 SPEED REQUIRED TO MAINTAIN FORWARD MOVEMENT OF THE UTV, NOR  WITHIN  ONE
 HUNDRED  FEET OF A FISHING SHANTY OR SHELTER EXCEPT AT THE MINIMUM SPEED
 REQUIRED TO MAINTAIN FORWARD MOVEMENT OF THE UTV NOR ON  AN  AREA  WHICH
 HAS  BEEN CLEARED OF SNOW FOR SKATING PURPOSES UNLESS THE AREA IS NECES-
 SARY FOR ACCESS TO THE PUBLIC WATER;
   (F) WITHIN ONE HUNDRED FEET OF A DWELLING  BETWEEN  MIDNIGHT  AND  SIX
 A.M., AT A SPEED GREATER THAN MINIMUM REQUIRED TO MAINTAIN FORWARD MOVE-
 MENT OF THE UTV; AND
   (G)  ON  PUBLIC  LANDS, OTHER THAN HIGHWAYS, OR ON PRIVATE PROPERTY OF
 ANOTHER WHILE IN AN INTOXICATED CONDITION  OR  UNDER  THE  INFLUENCE  OF
 NARCOTICS OR DRUGS.
   2. THE OPERATOR OF A UTV SHALL:
   (A)  STOP  AND  YIELD  TO  AN  AUTHORIZED AMBULANCE, CIVIL DEFENSE, OR
 POLICE UTV OR POLICE VEHICLE BEING OPERATED AS AN EMERGENCY VEHICLE  AND
 APPROACHING FROM ANY DIRECTION; AND
   (B) COMPLY WITH ANY LAWFUL ORDER OR DIRECTION OF ANY POLICE OFFICER OR
 OTHER PERSON DULY EMPOWERED TO ENFORCE THE LAWS RELATING TO UTVS.
   3.  NO PERSON SHALL RIDE ON OR IN A SLEIGH, SLED, TOBOGGAN, INFLATABLE
 DEVICE OR TRAILER WHICH IS BEING TOWED  OR  TRAILED  BY  AN  UTV  UNLESS
 ATTACHED BY A RIGID SUPPORT, CONNECTION OR TOWBAR.
   4.  A  PERSON  OPERATING  A UTV SHALL RIDE ONLY UPON THE PERMANENT AND
 REGULAR SEAT ATTACHED THERETO, AND SUCH OPERATOR  SHALL  NOT  CARRY  ANY
 OTHER PERSON NOR SHALL ANY OTHER PERSON RIDE ON A UTV UNLESS SUCH UTV IS
 DESIGNED  TO  CARRY MORE THAN ONE PERSON, IN WHICH EVENT A PASSENGER MAY
 RIDE UPON THE PERMANENT AND REGULAR SEAT IF DESIGNED FOR TWO PERSONS, OR
 UPON ANOTHER SEAT FIRMLY ATTACHED TO THE UTV AT THE REAR OR SIDE OF  THE
 OPERATOR.
   5.  FOR  THE PURPOSES OF TITLE SEVEN OF THIS CHAPTER, A UTV SHALL BE A
 MOTOR VEHICLE AND THE PROVISIONS OF SUCH TITLE SHALL  BE  APPLICABLE  TO
 UTVS.
   6.  LOCAL LAWS AND ORDINANCES. NOTHING CONTAINED IN THIS ARTICLE SHALL
 BE DEEMED TO LIMIT THE AUTHORITY OF A COUNTY, CITY, TOWN OR VILLAGE FROM
 ADOPTING OR AMENDING A LOCAL LAW OR  ORDINANCE  WHICH  IMPOSES  STRICTER
 RESTRICTIONS  AND  CONDITIONS ON THE OPERATION OF UTVS THAN ARE PROVIDED
 OR AUTHORIZED BY THIS SECTION SO LONG AS SUCH LOCAL LAW OR ORDINANCE  IS
 S. 10543                           11
 CONSISTENT  WITH  ITS  AUTHORITY  TO PROTECT THE ORDER, CONDUCT, HEALTH,
 SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY.
   §  2605.  DESIGNATION OF HIGHWAYS AND PUBLIC LANDS FOR TRAVEL BY UTVS.
 1.   EXCEPT WITH RESPECT TO INTERSTATE  HIGHWAYS  OR  CONTROLLED  ACCESS
 HIGHWAYS,  THE  DEPARTMENT OF TRANSPORTATION WITH RESPECT TO STATE HIGH-
 WAYS, MAINTAINED BY THE STATE AND ANY  OTHER  GOVERNMENTAL  AGENCY  WITH
 RESPECT  TO  HIGHWAYS, INCLUDING BRIDGE AND CULVERT CROSSINGS, UNDER ITS
 JURISDICTION MAY DESIGNATE AND POST ANY SUCH PUBLIC HIGHWAY  OR  PORTION
 THEREOF  AS  OPEN  FOR  TRAVEL  BY UTVS WHEN IN THE DETERMINATION OF THE
 GOVERNMENTAL AGENCY CONCERNED, IT IS OTHERWISE IMPOSSIBLE  FOR  UTVS  TO
 GAIN  ACCESS  TO  AREAS  OR  TRAILS ADJACENT TO THE HIGHWAY. SUCH DESIG-
 NATIONS BY A STATE AGENCY SHALL BE  BY  RULE  OR  REGULATION,  AND  SUCH
 DESIGNATIONS  BY  ANY MUNICIPALITY OTHER THAN A STATE AGENCY SHALL BE BY
 LOCAL LAW OR ORDINANCE.
   2. A GOVERNMENTAL AGENCY OTHER THAN A MUNICIPALITY, BY  REGULATION  OR
 ORDER,  AND A MUNICIPALITY, BY ORDINANCE OR LOCAL LAW, MAY DESIGNATE ANY
 APPROPRIATE PUBLIC LANDS, WATERS  AND  PROPERTIES  OTHER  THAN  HIGHWAYS
 UNDER  ITS  JURISDICTION AS A PLACE OPEN FOR TRAVEL BY UTVS UPON WRITTEN
 REQUEST FOR SUCH DESIGNATION BY ANY PERSON, AND MAY IMPOSE  RESTRICTIONS
 AND  CONDITIONS  FOR  THE  REGULATION AND SAFE OPERATION OF UTVS ON SUCH
 PUBLIC PROPERTY, SUCH AS TRAVEL ON DESIGNATED TRAILS AND HOURS OF OPERA-
 TION. IN ADDITION THERETO, SUCH AGENCY OR MUNICIPALITY MAY  NOT  REQUIRE
 THE  OPERATOR  OF A UTV TO POSSESS A MOTOR VEHICLE OPERATOR'S LICENSE. A
 MUNICIPALITY MAY CHARGE A FEE FOR USE OF UTVS ON SUCH PUBLIC LANDS.
   3. (A) SUCH DESIGNATED HIGHWAYS  OR  PORTIONS  THEREOF  OR  DESIGNATED
 LANDS  SHALL  BE IDENTIFIED BY MARKERS IN SUCH MANNER AS MAY BE PROVIDED
 BY RULES AND REGULATIONS OF THE COMMISSIONER.
   (B) ALL SIGNS OR MARKERS SHALL BE ERECTED AT THE EXPENSE OF THE  STATE
 OR  MUNICIPALITY,  PROVIDED,  HOWEVER,  THAT THE MUNICIPALITY MAY ACCEPT
 FUNDS OR CONTRIBUTIONS THEREFOR FROM PRIVATE PERSONS, CLUBS  OR  ASSOCI-
 ATIONS INTERESTED IN THE PROMOTION OF UTVS.
   4.  ANY  REGULATION,  ORDER, LOCAL LAW OR ORDINANCE WHICH DESIGNATES A
 HIGHWAY OR PORTION THEREOF OR DESIGNATED LANDS WHICH MAY BE USED FOR UTV
 OPERATIONS MAY INCLUDE RULES AND IMPOSE RESTRICTIONS AND CONDITIONS  FOR
 THE  REGULATION  AND SAFE OPERATION OF UTVS ON THE HIGHWAYS AND LANDS SO
 DESIGNATED, SUCH AS TRAVEL ON DESIGNATED TRAILS AND HOURS OF  OPERATION.
 ANY  RESTRICTION  OR  CONDITION  NOT  CONTAINED IN THIS CHAPTER SHALL BE
 POSTED.
   5. COPIES OF ORDERS, REGULATIONS, LOCAL LAWS OR ORDINANCES ADOPTED  BY
 GOVERNMENTAL  AGENCIES  PURSUANT TO THIS SECTION SHALL BE FILED WITH THE
 COMMISSIONER.
   § 2606. EQUIPMENT. 1. NO PERSON SHALL  OPERATE  A  UTV  UNLESS  IT  IS
 EQUIPPED WITH:
   (A) BRAKES IN GOOD OPERATING CONDITION;
   (B)  A  MUFFLER SYSTEM IN GOOD OPERATING CONDITION WHICH MEETS FEDERAL
 STANDARDS AS ESTABLISHED IN 40 CFR PART 205.166, SUB PART E;
   (C) A SPARK ARRESTER APPROVED BY THE UNITED STATES FOREST SERVICE;
   (D) TIRES HAVING AT LEAST TWO-THIRTY SECONDS OF AN INCH OF TREAD  WITH
 NO VISIBLE BREAKS, CUTS, EXPOSED CORDS, BUMPS OR BULGES;
   (E)  A  LIGHTED  WHITE  HEADLIGHT  APPROVED  BY THE COMMISSIONER AND A
 LIGHTED RED TAILLIGHT APPROVED BY THE  COMMISSIONER  WHEN  OPERATED  FOR
 ONE-HALF HOUR AFTER SUNSET TO ONE-HALF HOUR BEFORE SUNRISE.
   2.  NO  PERSON  SHALL  OPERATE  AN UTV OR RIDE AS A PASSENGER ON A UTV
 UNLESS SUCH PERSON IS WEARING A PROTECTIVE HELMET OF A TYPE APPROVED  BY
 THE  COMMISSIONER  PURSUANT  TO SUBDIVISION SIX OF SECTION THREE HUNDRED
 EIGHTY-ONE OF THIS CHAPTER.
 S. 10543                           12
   3. NO PERSON SHALL OPERATE A UTV:
   (A) ON A HIGHWAY WITH TIRES EQUIPPED WITH ANY STUDS OTHER THAN AUTOMO-
 TIVE STUDS;
   (B)  EXCEPT  AS  AN AUTHORIZED EMERGENCY UTV, POLICE, OR CIVIL DEFENSE
 UTV AS AN EMERGENCY VEHICLE, WHILE DISPLAYING ONE OR MORE LIGHTED RED OR
 A COMBINATION RED OR WHITE LIGHTS WHICH ARE REVOLVING, ROTATING,  FLASH-
 ING, OSCILLATING OR CONSTANTLY MOVING;
   (C)  AS  AN AUTHORIZED EMERGENCY UTV OR CIVIL DEFENSE UTV, AS AN EMER-
 GENCY VEHICLE UNLESS IT IS EQUIPPED WITH ONE OR  MORE  LIGHTED,  RED  OR
 COMBINATION  RED  OR  WHITE  LIGHT  OR LIGHTS WHICH IS OR ARE REVOLVING,
 ROTATING, FLASHING, OSCILLATING OR CONSTANTLY MOVING AND  WHICH  HAS  OR
 HAVE  MINIMUM CANDLE POWER OF SUFFICIENT INTENSITY TO BE PLAINLY VISIBLE
 FROM A DISTANCE OF FIVE HUNDRED FEET  IN  ALL  DIRECTIONS  UNDER  NORMAL
 ATMOSPHERIC CONDITIONS.
   §  2607.  LIABILITY  INSURANCE. 1. A UTV WHICH IS OPERATED ANYWHERE IN
 THIS STATE OTHER THAN ON LANDS OF THE OWNER OF THE UTV SHALL BE  COVERED
 BY  A  POLICY OF INSURANCE, IN SUCH LANGUAGE AND FORM AS SHALL BE DETER-
 MINED AND ESTABLISHED  BY  THE  SUPERINTENDENT  OF  FINANCIAL  SERVICES,
 ISSUED  BY AN INSURANCE CARRIER AUTHORIZED TO DO BUSINESS IN THIS STATE.
 SUCH POLICY SHALL PROVIDE FOR COVERAGES REQUIRED OF AN OWNER'S POLICY OF
 LIABILITY INSURANCE AS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION FOUR OF
 SECTION THREE HUNDRED ELEVEN OF THIS CHAPTER.
   2. IN LIEU OF SUCH INSURANCE COVERAGE AS REQUIRED IN  SUBDIVISION  ONE
 OF THIS SECTION, THE COMMISSIONER, IN THEIR DISCRETION AND UPON APPLICA-
 TION  OF A GOVERNMENTAL AGENCY HAVING REGISTERED IN ITS NAME ONE OR MORE
 UTVS, MAY WAIVE THE REQUIREMENT OF  INSURANCE  BY  A  PRIVATE  INSURANCE
 CARRIER AND ISSUE A CERTIFICATE OF SELF-INSURANCE, WHEN SUCH COMMISSION-
 ER  IS SATISFIED THAT SUCH GOVERNMENTAL AGENCY IS POSSESSED OF FINANCIAL
 ABILITY TO RESPOND TO JUDGMENTS OBTAINED AGAINST IT, ARISING OUT OF  THE
 OWNERSHIP, USE OR OPERATION OF SUCH UTVS.
   3.  THE  COMMISSIONER MAY ALSO WAIVE THE REQUIREMENT OF INSURANCE BY A
 PRIVATE INSURANCE CARRIER AND ISSUE A CERTIFICATE OF SELF-INSURANCE UPON
 APPLICATION OF ANY PERSON OR ANY OTHER CORPORATION, HAVING REGISTERED IN
 ITS NAME, ONE OR MORE UTVS AND FURNISHING OF PROOF THAT A CERTIFICATE OF
 SELF-INSURANCE HAS  BEEN  ISSUED  AND  IS  IN  EFFECT  PURSUANT  TO  THE
 PROVISIONS OF SECTION THREE HUNDRED SIXTEEN OF THIS CHAPTER.
   4.  PROOF  OF  INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
 AND DISPLAYED BY THE OWNER OR OPERATOR OF SUCH UTV UPON THE  REQUEST  OF
 ANY  MAGISTRATE OR ANY PERSON HAVING AUTHORITY TO ENFORCE THE PROVISIONS
 OF THIS CHAPTER.
   5. THE FAILURE TO PRODUCE SUCH PROOF UPON  THE  REQUEST  OF  ANY  SUCH
 PERSON  SHALL  NOT  BE AN OFFENSE BUT SHALL BE PRESUMPTIVE EVIDENCE THAT
 THE UTV IS BEING OPERATED WITHOUT HAVING SUCH  INSURANCE  IN  FORCE  AND
 EFFECT.
   6.  PROOF  OF  INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
 AND DISPLAYED BY THE OWNER OR OPERATOR OF SUCH UTV TO ANY PERSON WHO HAS
 SUFFERED OR CLAIMS TO HAVE SUFFERED EITHER PERSONAL INJURY  OR  PROPERTY
 DAMAGE  AS  A RESULT OF THE OPERATION OF SUCH UTV BY THE OWNER OR OPERA-
 TOR, IF SUCH INSURANCE COVERAGE WAS REQUIRED UNDER THE CIRCUMSTANCES  OF
 SUCH  OPERATION.  IT  SHALL BE AN AFFIRMATIVE DEFENSE TO ANY PROSECUTION
 FOR A VIOLATION OF THIS SUBDIVISION THAT SUCH PROOF WAS SO  PRODUCED  OR
 DISPLAYED WITHIN TWENTY-FOUR HOURS OF RECEIVING NOTICE OF SUCH INJURY OR
 DAMAGE, OR THE CLAIM OF SUCH INJURY OR DAMAGE.
   7.  NO  OWNER OF A UTV SHALL OPERATE OR PERMIT THE SAME TO BE OPERATED
 ANYWHERE IN THIS STATE OTHER THAN ON LANDS OF THE OWNER OF THE UTV WITH-
 OUT HAVING IN FULL FORCE AND EFFECT  THE  LIABILITY  INSURANCE  COVERAGE
 S. 10543                           13
 REQUIRED  BY THIS SECTION, AND NO PERSON SHALL OPERATE A UTV ANYWHERE IN
 THIS STATE OTHER THAN ON LANDS OF THE OWNER OF THE UTV  WITH  THE  KNOW-
 LEDGE THAT SUCH INSURANCE IS NOT IN FULL FORCE AND EFFECT.
   §  2608. SPECIAL EVENTS. 1. THE COMMISSIONER SHALL ADOPT AND MAY, FROM
 TIME TO TIME, AMEND RULES AND REGULATIONS DETERMINING THE SPECIAL EVENTS
 WHICH SHALL BE SUBJECT TO  PERMIT  AND  DESIGNATING  THE  EQUIPMENT  AND
 FACILITIES  NECESSARY  FOR  SAFE OPERATION OF UTVS AND FOR THE SAFETY OF
 OPERATORS, PARTICIPANTS, AND OBSERVERS IN SUCH SPECIAL EVENTS. COPIES OF
 SUCH REGULATIONS SHALL BE FURNISHED BY THE COMMISSIONER  TO  ANY  PERSON
 MAKING AN APPLICATION THEREFOR.
   2.  WHENEVER  A  SPECIAL  EVENT  IS PROPOSED TO BE HELD, THE PERSON IN
 CHARGE THEREOF SHALL, AT LEAST THIRTY DAYS PRIOR THERETO, FILE AN APPLI-
 CATION WITH APPROPRIATE GOVERNMENTAL AGENCIES HAVING  JURISDICTION  OVER
 THE SITE OF SUCH EVENT TO HOLD SUCH SPECIAL EVENT. THE APPLICATION SHALL
 SET  FORTH  THE DATE AND LOCATION OF THE PROPOSED SPECIAL EVENT AND SUCH
 OTHER INFORMATION AS THE GOVERNMENTAL AGENCIES  MAY  REQUIRE,  AND  SUCH
 EVENT  SHALL  NOT  BE  CONDUCTED WITHOUT WRITTEN AUTHORIZATION FROM SUCH
 GOVERNMENTAL AGENCIES. GOVERNMENTAL AGENCIES SHALL EITHER GRANT OR  DENY
 AUTHORIZATION  TO  HOLD A SPECIAL EVENT WITHIN THIRTY DAYS AFTER RECEIPT
 OF AN APPLICATION FOR AUTHORIZATION. THE COMMISSIONER SHALL BE FURNISHED
 WITH A COPY OF ALL SUCH APPLICATIONS. NO PERMIT SHALL BE REQUIRED FOR  A
 CLOSED-CIRCUIT  SPECIAL  EVENT  HELD  ENTIRELY  ON PRIVATE PROPERTY, BUT
 APPROPRIATE GOVERNMENTAL AGENCIES SHALL BE NOTIFIED  OF  SUCH  EVENT  AT
 LEAST THIRTY DAYS PRIOR THERETO.
   3.  UTVS  OPERATED  AT  SPECIAL  EVENTS  SHALL  BE  EXEMPTED  FROM THE
 PROVISIONS OF THIS ARTICLE CONCERNING MUFFLERS, LIGHTS AND TIRES  DURING
 THE  TIME OF SUCH EVENT, INCLUDING ALL PRE-RACE PRACTICE AT THE LOCATION
 OF SUCH EVENT.
   § 2609. UTV SAFETY COURSE AND SAFETY CERTIFICATE. 1. SAFETY COURSE  OR
 COURSES.  THE COMMISSIONER SHALL ESTABLISH A CURRICULUM OR CURRICULA FOR
 A UTV SAFETY  TRAINING  COURSE  OR  COURSES.  ANY  SUCH  CURRICULUM  MAY
 INCLUDE,  BUT  NOT  BE  LIMITED  TO, ON-VEHICLE TRAINING AND SAFE RIDING
 PRACTICES. THE COMMISSIONER MAY ESTABLISH DIFFERENT COURSES AND  CURRIC-
 ULA  FOR  DIFFERENT TYPES OF UTILITY TASK VEHICLES. THE COMMISSIONER MAY
 PERMIT ANY SUCH SAFETY TRAINING  COURSE  TO  BE  GIVEN  BY  ANY  PRIVATE
 PERSON,  CLUB,  ASSOCIATION OR MUNICIPALITY WHICH MEETS STANDARDS ESTAB-
 LISHED BY THE COMMISSIONER. THE COMMISSIONER MAY ESTABLISH A  REASONABLE
 FEE WHICH ANY SUCH PERSON OR ENTITY MAY CHARGE FOR SUCH COURSE OR COURS-
 ES.
   2.  SAFETY  CERTIFICATE. UPON SUCCESSFUL COMPLETION OF A SAFETY COURSE
 GIVEN IN CONFORMITY WITH SUBDIVISION ONE OF THIS  SECTION  BY  A  PERSON
 FOURTEEN  YEARS  OF  AGE  OR  OVER,  THE PERSON OR ENTITY WHICH GAVE THE
 COURSE SHALL NOTIFY THE COMMISSIONER OF  SUCH  COMPLETION  IN  A  MANNER
 PRESCRIBED  BY THE COMMISSIONER. THE COMMISSIONER SHALL, UPON RECEIPT OF
 SUCH INFORMATION, ISSUE A UTV SAFETY CERTIFICATE TO THE PERSON  WHO  HAS
 SUCCESSFULLY  COMPLETED  THE  COURSE. SUCH CERTIFICATE MAY BE LIMITED TO
 THE TYPE OF VEHICLE FOR WHICH THE COURSE WAS GIVEN.
   § 2610. OPERATION BY MINORS. 1. NO PERSON UNDER  THE  AGE  OF  SIXTEEN
 YEARS SHALL OPERATE A UTV.
   2.  NO  PERSON  SHALL  OPERATE  A  UTV UNLESS THEY ARE OVER THE AGE OF
 SIXTEEN YEARS, AND MAINTAIN A VALID DRIVER'S LICENSE TO OPERATE A  MOTOR
 VEHICLE IN ACCORDANCE WITH NEW YORK STATE LAW.
   3.  THE  FAILURE  OF A PERSON TO EXHIBIT A UTV SAFETY CERTIFICATE UPON
 DEMAND TO ANY MAGISTRATE  OR  ANY  OTHER  OFFICER  HAVING  AUTHORITY  TO
 ENFORCE  THE  PROVISIONS  OF  THIS  ARTICLE SHALL NOT BE AN OFFENSE, BUT
 S. 10543                           14
 SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH PERSON IS NOT THE HOLDER OF SUCH
 CERTIFICATE.
   4.  NO  PARENT  OR  GUARDIAN SHALL AUTHORIZE OR KNOWINGLY PERMIT THEIR
 CHILD OR WARD, IF UNDER SIXTEEN YEARS OF AGE, OR WHO DOES NOT MAINTAIN A
 VALID DRIVER'S LICENSE TO OPERATE A MOTOR VEHICLE, TO OPERATE A  UTV  IN
 VIOLATION  OF  ANY  PROVISION  OF THIS ARTICLE, ANY RULES OR REGULATIONS
 PROMULGATED THEREUNDER, OR THE PROVISIONS OF ANY LOCAL LAW OR ORDINANCE.
   5. NO OWNER OR OTHER PERSON IN POSSESSION OF ANY UTV  SHALL  AUTHORIZE
 OR  KNOWINGLY  PERMIT ANY PERSON UNDER SIXTEEN YEARS OF AGE, OR WHO DOES
 NOT MAINTAIN A VALID DRIVER'S LICENSE TO OPERATE  A  MOTOR  VEHICLE,  TO
 OPERATE  A  UTV IN VIOLATION OF ANY PROVISION OF THIS ARTICLE, ANY RULES
 OR REGULATIONS PROMULGATED THEREUNDER, OR THE PROVISIONS  OF  ANY  LOCAL
 LAW OR ORDINANCE.
   §  2611.  LIABILITY FOR NEGLIGENCE. 1. NEGLIGENCE IN THE USE OF OPERA-
 TION OF A UTV SHALL BE ATTRIBUTABLE TO THE OWNER.
   2. EVERY OWNER OF A UTV USED OR OPERATED IN THIS STATE SHALL BE LIABLE
 AND RESPONSIBLE FOR THE DEATH OR INJURY TO PERSON OR DAMAGE TO  PROPERTY
 RESULTING  FROM  NEGLIGENCE  IN  THE USE OR OPERATION OF SUCH UTV BY ANY
 PERSON USING OR OPERATING THE  SAME  WITH  THE  PERMISSION,  EXPRESS  OR
 IMPLIED,  OF  SUCH OWNER, PROVIDED, HOWEVER, THAT SUCH OPERATOR'S NEGLI-
 GENCE SHALL NOT BE ATTRIBUTED TO THE OWNER AS TO ANY CLAIM OR  CAUSE  OF
 ACTION  ACCRUING  TO THE OPERATOR OR THEIR LEGAL REPRESENTATIVE FOR SUCH
 INJURIES OR DEATH.
   § 2612. SERVICE ON NONRESIDENTS AND CERTAIN RESIDENTS,  ADMINISTRATORS
 OR  EXECUTORS. FOR THE PURPOSES OF SECTION TWO HUNDRED FIFTY-TWO OF THIS
 CHAPTER, A UTV SHALL BE A VEHICLE AND THE PROVISIONS OF THAT SECTION AND
 SECTION TWO HUNDRED FIFTY-THREE OF THIS CHAPTER SHALL APPLY TO UTVS.
   § 2613. ACCIDENTS; REPORTS. 1. THE OPERATOR OF ANY UTV INVOLVED IN ANY
 ACCIDENT RESULTING IN INJURIES TO OR DEATH OF ANY  PERSON  OR  IN  WHICH
 PROPERTY  DAMAGE  IN THE ESTIMATED AMOUNT OF SIX HUNDRED DOLLARS OR MORE
 IS SUSTAINED, SHALL IMMEDIATELY NOTIFY THE NEAREST LAW ENFORCEMENT AGEN-
 CY AND SHALL WITHIN TEN DAYS AFTER SUCH ACCIDENT REPORT  THE  MATTER  IN
 WRITING  TO THE DEPARTMENT, WITH A COPY THEREOF TO THE SHERIFF OR POLICE
 COMMISSIONER OF THE COUNTY IN WHICH  SAID  ACCIDENT  OCCURRED.  IF  SUCH
 OPERATOR  IS  PHYSICALLY  INCAPABLE  OF  MAKING SUCH REPORT AND THERE IS
 ANOTHER PARTICIPANT IN THE ACCIDENT NOT SO  INCAPACITATED  SUCH  PARTIC-
 IPANT  SHALL  MAKE  THE REPORT WITHIN THE ALLOTTED TIME AFTER SUCH ACCI-
 DENT. IN THE EVENT THAT THERE IS NO OTHER PARTICIPANT AND  THE  OPERATOR
 IS  OTHER  THAN  THE  OWNER,  THEN THE OWNER SHALL WITHIN THE PRESCRIBED
 PERIOD OF TIME, AFTER LEARNING OF THE FACTS OF SUCH ACCIDENT, REPORT THE
 MATTER TO THE DEPARTMENT, TOGETHER WITH SUCH  INFORMATION  AS  MAY  HAVE
 COME  TO  THEIR KNOWLEDGE RELATING TO SUCH ACCIDENT. EVERY SUCH OPERATOR
 OF A UTV, OR PARTICIPANT OF ANY SUCH ACCIDENT, OR THE OWNER, OF THE  UTV
 INVOLVED  IN  ANY  SUCH  ACCIDENT,  SHALL MAKE SUCH OTHER AND ADDITIONAL
 REPORTS AS THE COMMISSIONER SHALL REQUIRE.
   2. WHENEVER ANY UTV MEETS WITH AN ACCIDENT INVOLVING A LOSS  OF  LIFE,
 PERSONAL INJURY OR DAMAGE TO PROPERTY AND THE OPERATOR THEREOF HAS KNOW-
 LEDGE OF SUCH ACCIDENT, SUCH OPERATOR SHALL STOP AND GIVE THEIR NAME AND
 ADDRESS,  THE NAME AND ADDRESS OF THE OWNER THEREOF AND THE REGISTRATION
 NUMBER ASSIGNED TO SAID UTV TO THE INJURED PERSON OR THE PERSON SUSTAIN-
 ING THE DAMAGE, OR TO A PEACE OR POLICE OFFICER. IN THE EVENT THE PERSON
 SUSTAINING THE DAMAGE IS NOT PRESENT  AT  THE  PLACE  WHERE  THE  DAMAGE
 OCCURRED,  THE  OPERATOR  SHALL,  AS SOON AS PHYSICALLY ABLE, REPORT THE
 SAME TO THE NEAREST LAW ENFORCEMENT AGENCY.
   3. A PEACE, POLICE, OR JUDICIAL OFFICER WHO INVESTIGATES  OR  RECEIVES
 INFORMATION  OF  AN ACCIDENT INVOLVING A UTV SHALL MAKE A WRITTEN REPORT
 S. 10543                           15
 OF THE INVESTIGATION OR INFORMATION RECEIVED, AND SUCH ADDITIONAL  FACTS
 RELATING  TO  THE  ACCIDENT  AS MAY COME TO SUCH OFFICER'S KNOWLEDGE AND
 MAIL THE SAME WITHIN FORTY-EIGHT HOURS TO  THE  DEPARTMENT  AND  KEEP  A
 RECORD THEREOF IN SUCH OFFICER'S OFFICE.
   4.  FAILURE  OF  ANY  PERSON TO REPORT AN ACCIDENT AS PROVIDED IN THIS
 SECTION OR FAILURE TO GIVE CORRECTLY THE INFORMATION  REQUIRED  OF  SUCH
 PERSON  BY  THE  COMMISSIONER  IN CONNECTION WITH SUCH REPORT SHALL BE A
 MISDEMEANOR AND SHALL CONSTITUTE A GROUND FOR SUSPENSION  OR  REVOCATION
 OF THE UTV SAFETY CERTIFICATE OF ANY PERSON OR THE CERTIFICATE OF REGIS-
 TRATION OF ANY UTV INVOLVED IN THE ACCIDENT. THE COMMISSIONER MAY TEMPO-
 RARILY  SUSPEND THE UTV SAFETY CERTIFICATE OF THE PERSON FAILING TO MAKE
 SUCH REPORT OR THE CERTIFICATE OF REGISTRATION OF THE  UTV  INVOLVED  IN
 THE ACCIDENT UNTIL SUCH REPORT HAS BEEN FILED.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.