N.Y. Vehicle & Traffic Law § 2404: 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.