Laws of New York State
Reference: New York State Legislature
Last Update: Feb 22, 2015

§2401 - Definitions

Cite: N.Y. V.A.T. Law § 2401 (Consol.).


As used in this article, unless the context requires otherwise:

1. "Governmental agency" means any agency of the state of New York and all municipalities within the state.

2. "All terrain vehicle" or "ATV" means an all terrain vehicle or ATV as defined in section twenty-two hundred eighty-one of this chapter.

3. "Owner" means any person having a title to an ATV. If an ATV is sold under a contract of conditional sale whereby the title remains in the vendor, such vendor or his assignee shall not, after delivery of such ATV, be deemed an owner within the provisions of this section, but the vendee or his assignee, upon receipt of possession thereof, shall be deemed such owner notwithstanding the terms of such contract, until the vendor or his assignee shall retake possession. A person holding only a security interest in an ATV shall not be deemed an owner unless such person also has possession of such ATV.

4. "Operate" means to ride in or on, other than as a passenger, or use or control the operation of an ATV in any manner, whether or not said ATV is under way.

5. "Operator" means every person who operates or is in actual physical control of an ATV.

6. "Special event" shall mean an organized rally, race, exhibition or demonstration of limited duration which is conducted according to a prearranged schedule and in which general public interest is manifested.

7. "Authorized emergency ATV" shall mean an ATV designated as such in writing by the chief executive officer of any duly organized volunteer ambulance company, fire department, or paid fire department, operated by a member thereof and equipped with emergency lights as provided in section twenty-four hundred six of this article.

8. "Authorized police ATV" shall mean an ATV operated by a police or other peace officer while engaged in the performance of his official duties within the area of his territorial jurisdiction.

9. "Authorized civil defense ATV" shall mean an ATV designated as such in writing by the chief executive officer of a municipality and operated by a member of a civil defense organization of the municipality and equipped with emergency lights as provided in section twenty-four hundred six of this article.

10. "Operation as emergency vehicle" shall mean the operation or parking of an authorized emergency ATV, police or civil defense ATV, including attendant equipment, displaying emergency lights as provided in section twenty-four hundred six of this article and which ATV is engaged in transporting a sick or injured person to the nearest medical facility or appropriate site for transfer to an ambulance as defined in article thirty of the public health law, transporting emergency medical services, personnel and equipment to sick or injured persons, pursuing an actual or suspected violator of the law or responding to, or working or assisting at the scene of an accident, disaster, police call, alarm or other emergency but shall not include returning from such service.

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