In New York State, especially in Upstate New York, many people enjoy riding ATVs. However, they can be dangerous vehicles. Safety is imperative when operating ATVs, as is abiding by ATV laws set by state law.
Many people wonder if they can ride ATVs on public streets. Mazzu Law is a personal injury law firm in New York committed to supporting accident victims. In this blog post, we provide a guide to New York laws about operating ATVs safely and legally.
Understanding ATV Laws
Before discussing legal ATV use, it is important to understand what New York state considers an ATV. By definition, an ATV is an all-terrain vehicle, or self-propelled vehicle, with two or more wheels manufactured for the specific use of off-road riding. These should not be confused with snowmobiles, which are regulated by a different set of laws.
ATV safety is important because, unlike other motor vehicles, ATV riders have little to protect them in an ATV accident. Below, we review the laws that are specific for ATV use.
ATV Registration, NY
All ATVS in New York must be registered and have a license plate, even if the only place you ride your ATV in New York is on your property. An ATV dealer has the responsibility of registering every ATV sold before the purchaser can take delivery.
There are certain cases for exemption such as when the ATV will be used outside of New York state, used for agricultural purposes or snow plowing when not for hire, and special events. Anyone who purchases an ATV from someone other than a NY state ATV dealer must register the vehicle with the DMV.
If you purchased your ATV in another state and then moved to New York, then ATV use is not legally permitted until you register it in New York. You must also provide proof of ownership, sales tax payment, identity, and date of birth for your registration, which will last a full calendar year before requiring renewal.
Liability Insurance
New York ATV laws also mandate that an ATV owner can’t use this vehicle anywhere in the state except on their property unless they are covered by liability insurance. This will be essential if you get in an ATV accident or are questioned by authorities. You will need to have this insurance for property damage or injury claims.
Who Can Operate an ATV in New York?
You do not need a driver’s license to operate an ATV in this state; however, there are ATV use restrictions for anyone under the age of 16. Anyone between the ages of 14 and 15 can only operate an ATV under the following circumstances:
- There is adult supervision present.
- In the absence of adult supervision, ATV riders in this age bracket can only ride ATVs on private property owned or leased by their parents or legal guardians.
- Children of this age may also ride unsupervised on lands where use of this vehicle is permitted with a complete ATV safety training certificate approved by the Department of Motor Vehicles (DMV).
Anyone under the age of 14 must either be supervised by an adult or on lands owned or leased by their parents if they don’t have supervision. People of any age can only ride ATVs on public land where ATV use is allowed and acknowledged by signs. You cannot ride an ATV on private land unless you have permission from the property owner.
General Laws Required to Operate an ATV in New York
There are additional restrictions imposed on anyone riding an ATV in this state. You aren’t allowed to carry any passengers unless the specific model of ATV is designed to carry a passenger. Helmets must also be worn at all times by riders of all ages.
Additionally, an ATV cannot be operated from a half hour after sunset to a half hour before sunrise without a lighted headlight and taillight. This half hour rule is implemented instead of set hours of the day as there could be more or less light at a particular time when the seasons change.
You should not speed on any land, nor should you ride an ATV while under the influence. While these conditions may be prohibited, some people push the limits. In snowy weather for example, you can’t pull someone behind your ATV while they are on skis, sleighs, toboggans, or anything similar without a tow bar or other solid, rigid connection.
Required ATV Equipment
Don’t make the mistake of only getting your registration and other pertinent documents for your ATV in New York. Beyond the registration, you must also have a USDOT-approved helmet.
Make sure your off-road vehicle is maintained at regular intervals. It should have brakes in good condition, a muffler that meets federally-mandated standards, a U.S. Forest Service-approved spark arrester to prevent forest fires, tires that are in proper condition with 2/32nds of an inch of tread minimum, and operating headlights and taillights.
Can You Operate ATVs Alongside Other Motor Vehicles on the Roads of New York?
Can you have a street-legal ATV in New York? Even though you must register an ATV like other motor vehicles, you are not permitted to ride them on public roads or highways.
There are certain exceptions, such as any highway that is designed and marked with a posted sign for ATV use. These highways will only be short distances that connect to off-road trails.
The Department of Motor Vehicles does permit the crossing of highways in certain circumstances while riding an ATV. It is recommended that you avoid crossing a highway unless it’s absolutely necessary. When crossing a highway, make sure that you cross at a 90-degree angle where there are no obstructions to quickly and safely get to the other side.
Before crossing, come to a complete stop and yield the right of way. Since these vehicles are designated for use off main roads, they do not come equipped with turn signals. You must cross highways with extreme caution while operating them. You can cross roads with divides as well, but only where it intersects at another street. Crossing any interstate is strictly forbidden.
The rules may be strict but they are there to prevent an ATV accident from occurring. ATV safety is imperative as they are easy to flip and get into a single vehicle accident. It is possible to get into an accident with other vehicles, especially if you aren’t taking the right precautions.
Safety Regulations Designed to Prevent an ATV Accident
The Department of Motor Vehicles in New York has strict rules that go beyond the requirements of sales tax payment and other paperwork for vehicles specifically designated for off-road use. Just like dirt bikes and e-bikes, operators of these vehicles must abide by the restrictions and regulations imposed for their safety.
ATV safety courses by the DMV are required for younger riders but as mentioned above, operators over the age of 16 are not mandated to take them. However, they can help keep you safe while riding your ATV.
You should know where you are permitted to ride and where riding is forbidden. It’s also important to protect yourself and abide by safety standards, even when riding on your own New York property. Helmets are mandatory, though eye protection, gloves, boots, long-sleeved shirts, and pants are highly advised to help keep you safe while on your ATV.
Steps to Take After ATV Accidents in New York
After an ATV accident in New York, you need to know what steps you must take.
Report the ATV Accident
First, you’ll need to provide proof of insurance to anyone you’ve injured using acceptable documents. Any damage to property must be reported to the owner and you should contact the local police as soon as possible.
The accident may not have been your fault but the police should be alerted, especially if someone was injured or killed. You’ll also need to report the accident to authorities if damage was $600 or higher.
Inform the DMV
After the police have been notified, you will need to file a report with the DMV in certain circumstances. The law dictates that this must occur within 30 days of the accident if there were injuries, fatalities, or the damage was $1,000 or more.
Failing to make this report could result in criminal charges. In New York, it is a misdemeanor, which can result in the suspension or revocation of your registration. If you are incapacitated in this accident, someone else can file the report on your behalf but you must still make this report yourself as soon as you are capable.
Contact an Attorney
When you get in an accident on this type of vehicle, it is vital to obtain representation from a Buffalo personal injury lawyer. You likely never thought of this situation arising when you purchased your ATV, applied for its registration, and paid the sales tax. However, all operators of these vehicles must take the necessary precautions to avoid tragic events.
You may have been riding on land that you were allowed to be on in accordance with the laws when an accident occurred because an e-bike or car came out of nowhere. The at-fault laws in the state mean that you can seek compensation for your injuries and damages from the person who caused the accident. With the pure comparative negligence laws, you can still recover compensation, even if you share up to 99% of the fault.
Your injuries can be costly and if someone else caused them, you should not be blamed. When you contact Mazzu Law, you will find compassionate legal representation for matters involving ATVs. Our attorneys will investigate and review the evidence to help support your claim. Since accidents involving these vehicles can be complicated, it is wise to gain legal insights from lawyers who understand the requirements of the laws imposed by the state and can outline your legal options. Schedule a free initial consultation to discuss your ATV accident.