2006 New York Code - Operating Rules.



 
    § 2404. Operating rules. 1. No person shall operate an ATV:
    (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;
    (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;
    (c) on the tracks or right-of-way of an operating railroad;
    (d)  in  any  tree  nursery  or  planting  in a manner that damages or
  destroys growing stock, or creates a substantial risk thereto;
    (e) 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;
    (f) on the frozen surface of public waters: within one hundred feet of
  any  person  other  than a person riding on an ATV except at the minimum
  speed required to maintain forward movement of the ATV, nor  within  one
  hundred  feet of a fishing shanty or shelter except at the minimum speed
  required to maintain forward movement of the ATV nor on  an  area  which
  has  been  cleared  of  snow  for  skating  purposes  unless the area is
  necessary for access to the public water;
    (g) within one hundred feet of a dwelling  between  midnight  and  six
  a.m.,  at  a  speed  greater  than  minimum required to maintain forward
  movement of the ATV;
    (h) 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 an ATV shall:
    (a) stop and yield to  an  authorized  ambulance,  civil  defense,  or
  police  ATV or police vehicle being operated as an emergency vehicle and
  approaching from any direction;
    (b) comply with any lawful order or direction of any police officer or
  other person duly empowered to enforce the laws relating to ATVs.
    3. No person shall ride on or in a sleigh, sled, toboggan,  inflatable
  device  or  trailer  which  is  being  towed or trailed by an ATV unless
  attached by a rigid support, connection or towbar.
    4. A person operating an ATV 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 an ATV unless  such  ATV
  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 ATV at the rear or
  side of the operator.
    5. For the purposes of title seven of this chapter, an ATV shall be  a
  motor  vehicle  and  the provisions of such title shall be applicable to
  ATVs.
    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 ATVs than  are  provided
  or  authorized by this section so long as such local law or ordinance is
  consistent with its authority to protect  the  order,  conduct,  health,
  safety and general welfare of persons or property.

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