This text of New York § 2404 (Operating rules) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 2404. Operating rules.
1.No person shall operate an ATV:\n (a) at a rate of speed greater than is reasonable and prudent under\nthe conditions and having regard to the actual and potential hazards\nthen existing;\n (b) in a careless, reckless or negligent manner so as to unreasonably\nendanger the person or property of another or cause injury or damage\nthereto;\n (c) on the tracks or right-of-way of an operating railroad;\n (d) in any tree nursery or planting in a manner that damages or\ndestroys growing stock, or creates a substantial risk thereto;\n (e) while pulling a person on skis or drawing or towing a sleigh,\nsled, toboggan, inflatable device or trailer which carries or transports\nany person unless attached by a rigid support, connection or towbar;\n (f) on the frozen
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§ 2404. Operating rules. 1. No person shall operate an ATV:\n (a) at a rate of speed greater than is reasonable and prudent under\nthe conditions and having regard to the actual and potential hazards\nthen existing;\n (b) in a careless, reckless or negligent manner so as to unreasonably\nendanger the person or property of another or cause injury or damage\nthereto;\n (c) on the tracks or right-of-way of an operating railroad;\n (d) in any tree nursery or planting in a manner that damages or\ndestroys growing stock, or creates a substantial risk thereto;\n (e) while pulling a person on skis or drawing or towing a sleigh,\nsled, toboggan, inflatable device or trailer which carries or transports\nany person unless attached by a rigid support, connection or towbar;\n (f) on the frozen surface of public waters: within one hundred feet of\nany person other than a person riding on an ATV except at the minimum\nspeed required to maintain forward movement of the ATV, nor within one\nhundred feet of a fishing shanty or shelter except at the minimum speed\nrequired to maintain forward movement of the ATV nor on an area which\nhas been cleared of snow for skating purposes unless the area is\nnecessary for access to the public water;\n (g) within one hundred feet of a dwelling between midnight and six\na.m., at a speed greater than minimum required to maintain forward\nmovement of the ATV;\n (h) on public lands, other than highways, or on private property of\nanother while in an intoxicated condition or under the influence of\nnarcotics or drugs.\n 2. The operator of an ATV shall:\n (a) stop and yield to an authorized ambulance, civil defense, or\npolice ATV or police vehicle being operated as an emergency vehicle and\napproaching from any direction;\n (b) comply with any lawful order or direction of any police officer or\nother person duly empowered to enforce the laws relating to ATVs.\n 3. No person shall ride on or in a sleigh, sled, toboggan, inflatable\ndevice or trailer which is being towed or trailed by an ATV unless\nattached by a rigid support, connection or towbar.\n 4. A person operating an ATV shall ride only upon the permanent and\nregular seat attached thereto, and such operator shall not carry any\nother person nor shall any other person ride on an ATV unless such ATV\nis designed to carry more than one person, in which event a passenger\nmay ride upon the permanent and regular seat if designed for two\npersons, or upon another seat firmly attached to the ATV at the rear or\nside of the operator.\n 5. For the purposes of title seven of this chapter, an ATV shall be a\nmotor vehicle and the provisions of such title shall be applicable to\nATVs.\n 6. Local laws and ordinances. Nothing contained in this article shall\nbe deemed to limit the authority of a county, city, town or village from\nadopting or amending a local law or ordinance which imposes stricter\nrestrictions and conditions on the operation of ATVs than are provided\nor authorized by this section so long as such local law or ordinance is\nconsistent with its authority to protect the order, conduct, health,\nsafety and general welfare of persons or property.\n