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S3158-B MEIER Same as A 6815-A Morelle (MS) Chapter 609 of 2005 Chap Eff Date Voting
Text Versions: S 3158-B, S 3158-A, S 3158
S3158-B MEIER Same as A 6815-A Morelle (MS)
Parks, Recreation and Historic Preservation Law
TITLE....Enacts the snowmobile rights and responsibilities act; repealer
This bill is not active in the current session.
03/08/05REFERRED TO TOURISM, RECREATION AND SPORTS DEVELOPMENT
03/25/05AMEND (T) AND RECOMMIT TO TOURISM, RECREATION AND SPORTS DEVELOPMENT
03/25/05PRINT NUMBER 3158A
05/04/051ST REPORT CAL.826
05/09/052ND REPORT CAL.
05/10/05ADVANCED TO THIRD READING
05/23/05AMENDED ON THIRD READING 3158B
06/16/05DELIVERED TO ASSEMBLY
06/16/05referred to ways and means
06/16/05substituted for a6815a
06/16/05ordered to third reading rules cal.250
06/16/05returned to senate
08/18/05DELIVERED TO GOVERNOR
MEIER, ALESI, BONACIC, DeFRANCISCO, LIBOUS, LITTLE, MAZIARZ, NOZZOLIO, RATH, ROBACH, SEWARD, SPANO, WINNER, WRIGHT
Amd §§25.23, 25.13, 21.07 & 25.03, add §21.02, rpld & add §25.19, Pks & Rec L; amd §§2222 & 2230, V & T L
Enacts the snowmobile rights and responsibilities act; makes various provisions in relation to duties of snowmobile operators and snowmobile clubs and club members and liability of landowners; further makes provisions relating to certain fee for snowmobile registrations; sets requirements for operation by youthful operators and fees for snowmobile trails; establishes a maximum speed limit for snowmobiles.
EFF. DATE 02/26/2006 (SEE TABLE)
LAWS OF NEW YORK, 2005 CHAPTER 609 AN ACT to amend the parks, recreation and historic preservation law, in relation to establishing the snowmobile rights and responsibilities act, relating to the liability of landowners who permit recreational uses and establishing a maximum speed limit for snowmobiles; to amend the vehicle and traffic law, in relation to certain fees for snowmo- bile registrations; and repealing section 25.19 of the parks, recre- ation and historic preservation law relating thereto Became a law August 30, 2005, with the approval of the Governor. Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: Section 1. Short title. This act shall be known and may be cited as the "snowmobile rights and responsibilities act". § 2. Section 25.23 of the parks, recreation and historic preservation law is amended to read as follows: § 25.23 [Liability] Duties and liability for negligence. 1. Negligence in the use or operation of a snowmobile shall be attributable to the owner. Every owner of a snowmobile used or operated in this state shall be liable and responsible for death or injury to person or damage to property resulting from negligence in the use or operation of such snow- mobile by any person using or operating the same with the permission, express or implied, of such owner, provided, however, that such opera- tor's negligence shall not be attributed to the owner as to any claim or cause of action accruing to the operator or his legal representative for such injuries or death. 2. Duties of snowmobile owners and operators. It is recognized that snowmobiling is a voluntary activity that may be hazardous. It shall be the duty of snowmobile owners and operators: (a) To keep their snowmobiles in proper working order. (b) To follow any and all other rules of conduct as are prescribed pursuant to section 25.03 of this article. (c) Not to operate a snowmobile in any area not designated for snowmo- biling. (d) Not to operate a snowmobile in a manner beyond their limits or ability and speed to overcome variations in trail conditions and config- uration and surface or subsurface conditions which may be caused or altered by weather, slope or trail maintenance work or snowmobile use. (e) To familiarize themselves with signage and trail markers before operating. (f) Not to snowmobile on a trail or portion thereof that has been designated as "closed". (g) Not leave the scene of any accident resulting in personal injury to another party until such time as assistance arrives, except for the purpose of summoning aid. (h) Not to willfully stop on any trail where such stopping is likely to impede the use of that trail by others. EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.
CHAP. 609 2 (i) Not to willfully remove, deface, alter or otherwise damage signage, warning devices or implements, or other safety devices. § 3. The parks, recreation and historic preservation law is amended by adding a new section 21.02 to read as follows: § 21.02 Snowmobile trail maintenance entities. Snowmobile trail main- tenance entities play an important role in the trail system. As general guidelines, to further promote the proper and safe operation of snowmo- biles and the other purposes as set forth in section 21.01 of this arti- cle, snowmobile trail maintenance entities should strive to: 1. clearly mark and delineate state designated snowmobile trails for which they are responsible; 2. encourage riders to participate in available snowmobile educational programs to make riders aware of the inherent risks associated with the sport; 3. equip trail maintenance vehicles that they operate with such warn- ing implements or devices as specified by law; 4. hold training sessions each season, for operators of trail mainte- nance equipment concerning the proper operation of such vehicles; 5. provide education for all other personnel charged with trail main- tenance, inspection or patrol duties as to methods to be used for summoning aid in emergencies; and 6. maintain for public use trail area information showing the follow- ing: (a) the location of state designated trails; and (b) the status of each trail as open or closed. Nothing in this section shall create a legal duty or obligation beyond that which may already exist. § 4. Subdivisions 1 and 4 of section 25.13 of the parks, recreation and historic preservation law, subdivision 1 as amended by chapter 400 of the laws of 1973, are amended to read as follows: 1. A snowmobile which shall be operated on the roadway or shoulder of a highway or on property which is owned, leased or held in easement by a person other than the owner or operator of the snowmobile, shall be covered by a policy of insurance, in such language and form as shall be determined and established by the superintendent of insurance, issued by an insurance carrier authorized to do business in this state. Such poli- cy shall provide coverage for any one person sustaining bodily injuries or the death of one person in any one accident in the amount of at least ten thousand dollars, and, subject to said limit of one person, in the amount of at least twenty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and in an amount of at least five thousand dollars because of injury to or destruction of property of others in any one accident, for damages arising out of negligent operation of said snowmobile. In lieu of such insurance cover- age as hereinabove provided, the commissioner, in his discretion and upon application of a governmental agency having registered in its name one or more snowmobiles, may waive the requirement of insurance by a private insurance carrier and issue a certificate of self-insurance, when he is satisfied that such governmental agency is possessed of financial ability to respond to judgments obtained against it, arising out of the ownership, use or operation of such snowmobile. The commis- sioner may also waive the requirement of insurance by a private insur- ance carrier and issue a certificate of self-insurance upon application of any person or any other corporation, having registered in its name, one or more snowmobiles, and furnishing of proof that a certificate of self-insurance has been issued and is in effect by the commissioner of motor vehicles, pursuant to the provisions of section three hundred sixteen of the vehicle and traffic law.
3 CHAP. 609 4. No owner of a snowmobile shall operate or permit the same to be operated upon the shoulders and roadways of highways or on property which is owned, leased or held in easement by a person other than the owner or operator of the snowmobile, without having in full force and effect the liability insurance coverage required by this section, and no person shall operate a snowmobile upon the shoulders and roadways of highways or on property which is owned, leased or held in easement by a person other than the owner or operator of the snowmobile, with know- ledge that such insurance is not in full force and effect. § 5. Section 25.19 of the parks, recreation and historic preservation law is REPEALED and a new section 25.19 is added to read as follows: § 25.19 Operation by youthful operators. 1. Age of operation. No person under eighteen years of age shall operate a snowmobile except as provided for in this subdivision. (a) No person under the age of four- teen years shall operate a snowmobile except upon land owned or leased by his or her parent or guardian. Leased lands as used in this section shall not include lands leased by an organization of which said operator or his or her parent or guardian is a member. (b) A person ten years of age or older but less than fourteen years of age who holds a valid snowmobile safety certificate issued by the commissioner may operate a snowmobile on any lands upon which snowmobil- ing is allowed if accompanied by a person over eighteen years of age. For the purpose of this section, "accompanied" shall mean within five hundred feet of the person over eighteen years of age. (c) A person fourteen years of age or older but less than eighteen years of age, who either holds a valid snowmobile safety certificate issued by the commissioner or is accompanied by a person over eighteen years of age, may operate a snowmobile in the same manner as a person over eighteen years of age. 2. Exhibition of certificate. The failure of a person specified in subdivision one of this section to hold a snowmobile safety certificate issued by the commissioner to exhibit such upon demand to any magis- trate, peace officer, acting pursuant to his or her special duties, police officer, or other person having authority to enforce the provisions of this article, shall not be an offense, but shall be presumptive evidence that such person is not the holder of such certif- icate. 3. Authorization. No owner of a snowmobile shall authorize or permit the operation of his or her snowmobile within the state by any person in violation of the provisions of this section. § 6. Section 21.07 of the parks, recreation and historic preservation law, as amended by section 1 of part I of chapter 59 of the laws of 2004, is amended to read as follows: § 21.07 Fee for snowmobile trail development and maintenance. 1. A fee of [thirty-five] ninety dollars is hereby imposed upon the resident, and [thirty-five] ninety dollars upon the nonresident, owner of a snowmobile for the snowmobile trail development and maintenance fund to be paid to the commissioner of motor vehicles upon the registration thereof in addition to the registration fee required by the vehicle and traffic law, the payment of which fee hereby imposed shall be a condition prece- dent to such individual resident, individual nonresident or dealer registration. 2. Notwithstanding the fee as established in subdivision one of this section, an individual resident or nonresident registering a snowmobile who provides proof at the time of registration, that such individual is a member of an organized New York state snowmobile club that is a member
CHAP. 609 4 of the New York state snowmobile association or is a member of an organ- ized New York state snowmobile club that is a trail maintenance entity and a member of the New York state snowmobile association, shall pay thirty-five dollars for each snowmobile for the snowmobile trail devel- opment and maintenance fund in addition to the registration required by the vehicle and traffic law. In the event that an individual seeking snowmobile club membership is unable, for any reason, to secure such club membership, he or she may contact the New York state snowmobile association, who shall secure such membership for such person. § 7. Subdivision 4-a of section 2222 of the vehicle and traffic law, as amended by section 2 of part I of chapter 59 of the laws of 2004, is amended to read as follows: 4-a. Additional fee. In addition to the other fees provided for in paragraphs (a), (b) and (c) of subdivision four of this section the commissioner shall, upon application in such cases for the registration of a snowmobile or the renewal thereof, collect the annual [thirty-five] ninety dollar fee for residents and [thirty-five] ninety dollar fee for nonresidents and a thirty-five dollar fee for residents and thirty-five dollar fee for nonresidents who provide proof, at the time of registra- tion, that such individual is a member of an organized New York state snowmobile club that is a member of the New York state snowmobile asso- ciation or is a member of an organized New York state snowmobile club that is a trail maintenance entity and a member of the New York state snowmobile association which are imposed by section 21.07 of the parks, recreation and historic preservation law. In the event that an individ- ual seeking snowmobile club membership is unable, for any reason, to secure such club membership, he or she may contact the New York state snowmobile association, who shall secure such membership for such person. This fee shall also be collected from dealers at the time of original registration and at the time of each renewal. The commissioner shall effectuate regulations regarding what is required as proof of membership in an organized New York state snowmobile club that is a trail maintenance entity and a member of the New York state snowmobile association for the purposes of this subdivision. § 8. Subdivision 2 of section 2230 of the vehicle and traffic law, as amended by chapter 773 of the laws of 1992, is amended to read as follows: 2. Any person who violates any provision of this article or regulation adopted pursuant thereto shall be guilty of a violation punishable by a fine of [one] two hundred dollars, and one-half of such fine shall be deposited in the snowmobile trail development and maintenance fund as set forth in section 21.07 of the parks, recreation and historic preser- vation law. § 9. Subdivision 1 of section 25.03 of the parks, recreation and historic preservation law is amended to read as follows: 1. Imprudent speed. At a rate of speed greater than reasonable or proper under the surrounding circumstances provided, however, that in no case shall a snowmobile be operated at a speed in excess of fifty-five miles per hour upon public trails or lands, unless (a) participating in a special event authorized by the commissioner pursuant to section 25.11 of this article or (b) engaged in operation as an emergency vehicle as defined in subdivision twenty-one of section 21.05 of this title. § 10. Severability. If any clause, sentence, paragraph, subdivision or part of this act, or the application thereof to any person or circum- stance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or
5 CHAP. 609 invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision or part of this act, or in its application to the person or circumstance, directly involved in the controversy in which such judgment shall have been rendered. § 11. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that sections six and seven of this act shall take effect April 30, 2006. The Legislature of the STATE OF NEW YORK ss: Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence. JOSEPH L. BRUNO SHELDON SILVER Temporary President of the Senate Speaker of the Assembly