S.3158-B.txt
STATUS:
S3158-B MEIER
Parks, Recreation and Historic Preservation Law
TITLE....Enacts the snowmobile rights and responsibilities act; repealer
This bill is not active in the current session.
03/08/05 REFERRED TO TOURISM, RECREATION AND SPORTS DEVELOPMENT
03/25/05 AMEND (T) AND RECOMMIT TO TOURISM, RECREATION AND SPORTS DEVELOPMENT
03/25/05 PRINT NUMBER 3158A
05/04/05 1ST REPORT CAL.826
05/09/05 2ND REPORT CAL.
05/10/05 ADVANCED TO THIRD READING
05/23/05 AMENDED ON THIRD READING 3158B
06/16/05 PASSED SENATE
06/16/05 DELIVERED TO ASSEMBLY
06/16/05 referred to ways and means
06/16/05 substituted for a6815a
06/16/05 ordered to third reading rules cal.250
06/16/05 passed assembly
06/16/05 returned to senate
08/18/05 DELIVERED TO GOVERNOR
08/30/05 SIGNED CHAP.609
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BILL TEXT:
STATE OF NEW YORK
________________________________________________________________________
3158--B
Cal. No. 826
2005-2006 Regular Sessions
IN SENATE
March 8, 2005
___________
Introduced by Sens. MEIER, ALESI, BONACIC, DeFRANCISCO, LIBOUS, LITTLE,
MAZIARZ, NOZZOLIO, RATH, ROBACH, SEWARD, SPANO, WINNER, WRIGHT -- read
twice and ordered printed, and when printed to be committed to the
Committee on Tourism, Recreation and Sports Development -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported favorably from said committee, ordered
to first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
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 snowmobile
registrations; and repealing section 25.19 of the parks, recreation
and historic preservation law relating thereto
The People of the State of New York, represented in Senate and Assembly,
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
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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 operator'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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07659-11-5
S. 3158--B 2
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 snowmobiling.
(d) Not to operate a snowmobile in a manner beyond their limits or
ability and speed to overcome variations in trail conditions and configuration 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.
(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 snowmobiles and the other purposes as set forth in section 21.01 of this article, 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 warning implements or devices as specified by law;
4. hold training sessions each season, for operators of trail maintenance equipment concerning the proper operation of such vehicles;
5. provide education for all other personnel charged with trail maintenance, 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 following:
(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.

S.3158-B.txt
§ 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
S. 3158--B 3
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 commissioner may also waive the requirement of insurance by a private insurance 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.
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 knowledge 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 fourteen 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 snowmobiling 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

S.3158-B.txt
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
S. 3158--B 4
presumptive evidence that such person is not the holder of such certificate.
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
of the New York state snowmobile association 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, shall pay thirty-five dollars for each snowmobile for the snowmobile trail development 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 registration, that such individual is a member of an organized New York state snowmobile club that is a member of the New York state snowmobile association 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 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. 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.

S.3158-B.txt
S. 3158--B 5
§ 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 preservation 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 circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or 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.

P.O. Box 709 ~ Stafford, New York 14143

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