Section 2401. Definitions  


Latest version.
  • 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.