§ 2405 — Designation of highways and public lands for travel by ATVs

New York § 2405

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 11: Registration of Snowmobiles, Motorboats and Limited Use Vehicles
• Art. 48-C: Rules For Operation of All Terrain Vehicles

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§ 2405. Designation of highways and public lands for travel by ATVs.\n1. Highways. Except with respect to interstate highways or controlled\naccess highways, the department of transportation with respect to state\nhighways, maintained by the state and any other governmental agency with\nrespect to highways, including bridge and culvert crossings, under its\njurisdiction may designate and post any such public highway or portion\nthereof as open for travel by ATVs when in the determination of the\ngovernmental agency concerned, it is otherwise impossible for ATVs to\ngain access to areas or trails adjacent to the highway. Such\ndesignations by a state agency shall be by rule or regulation, and such\ndesignations by any municipality other than a state agency shall be by\nlocal law or ordinance.\n 2. Public lands other than highways. A governmental agency other than\na municipality, by regulation or order, and a municipality, by ordinance\nor local law, may designate any appropriate public lands, waters and\nproperties other than highways under its jurisdiction as a place open\nfor travel by ATVs upon written request for such designation by any\nperson, and may impose restrictions and conditions for the regulation\nand safe operation of ATVs on such public property, such as travel on\ndesignated trails and hours of operation. In addition thereto, such\nagency or municipality may not require the operator of an ATV to possess\na motor vehicle operator's license. A municipality may charge a fee for\nuse of ATVs on such public lands.\n 3. Signs and markers. (a) Such designated highways or portions thereof\nor designated lands shall be identified by markers in such manner as may\nbe provided by rules and regulations of the commissioner.\n (b) All signs or markers shall be erected at the expense of the state\nor municipality, provided, however, that the municipality may accept\nfunds or contributions therefor from private persons, clubs or\nassociations interested in the promotion of ATVs.\n 4. Any regulation, order, local law or ordinance which designates a\nhighway or portion thereof or designated lands which may be used for ATV\noperations may include rules and impose restrictions and conditions for\nthe regulation and safe operation of ATVs on the highways and lands so\ndesignated, such as travel on designated trails and hours of operation.\nAny restriction or condition not contained in this chapter must be\nposted.\n 5. Copies of orders, regulations, local laws or ordinances adopted by\ngovernmental agencies pursuant to this section shall be filed with the\ncommissioner.\n