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New York ATV Law

New York

N.Y. Parks Rec. & Hist. Preserv. Law § 2403. Operation of ATVs.
ATVs may not be operated on highways, but an ATV may make a direct crossing on a highway other than an interstate highway or a controlled access highway 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. An ATV may be operated on any highway which has been designated and posted as open for travel by ATVs. No person may operate an ATV on any public lands, waters and property other than a highway, except lands which have been designated and posted for travel by ATVs. No person may operate an ATV on the private property of another without permission.

§ 2404. Operating rules.
No person may operate an ATV:

  • 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;
  • in a careless, reckless or negligent manner;
  • on the tracks or right-of-way of an operating railroad;
  • 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.

A person may not operate an ATV with a passenger unless the ATV is designed to carry passengers with a permanent seat attached.

§ 2406. Equipment.
ATVs must have:

  • brakes in good operating condition;
  • a muffler system in good operating condition
  • a spark arrester approved by the United States Forest Service;
  • tires having at least two-thirty seconds of an inch of tread with no visible breaks, cuts, exposed cords, bumps or bulges;
  • 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.

§ 2407. Liability insurance.
Must have liability insurance, subject to regulation.

§ 2410. Operation by minors.
No person under the age of sixteen years may operate an ATV except upon lands owned or leased by his parent or guardian, unless he is under general supervision of a person eighteen years of age or over or a person sixteen years of age or over who holds an ATV safety certificate. A person ten 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.

Need more information on state laws? Learn more about the laws where you live.

Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.

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