N.Y. Comp. Codes R. & Regs. tit. 9 § 453.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 453.1 - Definitions

(a) Commissioner shall mean the Commissioner of Parks, Recreation and Historic Preservation, acting directly or indirectly through a duly authorized representative.

(b) Operator shall mean every person who operates or is in actual physical control of a snowmobile.

(c) Owner shall mean a person or corporation or partnership, other than a lienholder, having title to a snowmobile.

(d) Snowmobile shall mean a self-propelled vehicle designed for travel on snow or ice, steered by skis or runners, and supported in part by skis, belts or cleats.

(e) Commercial snowmobile shall mean and include every snowmobile that is used or operated for commercial purposes on the lands or waters of the State, that is either carrying passengers, carrying freight, towing, or for any other use for which compensation is received, either directly or indirectly, or where provided as an accommodation, advantage, facility or privilege at any place of public accommodation, resort or amusement.

(f) Rental snowmobile shall mean any snowmobile leased or rented for a fee or other consideration, whether received directly in cash or in conjunction with other services provided.

(g) Pleasure snowmobile shall mean every snowmobile not within the classification of commercial or rental snowmobile.

(h) Dealer shall mean a person, partnership or corporation engaged in the business of selling snowmobiles at wholesale or retail in New York State.

(i) Dealer registration shall mean the process by which the Commissioner of Motor Vehicles may, upon application by a dealer and payment of the proper fee, record the registrant as a bona fide dealer in snowmobile sales.

(j) Dealer registration certificate shall mean the form issued by the Commissioner of Motor Vehicles bearing a distinguishing dealer registration number indicating that the registrant is a registered dealer.

(k) Accident shall mean any casualty involving a snowmobile or snowmobiles, including but not limited to collision, overturning, fire or explosion.

(l) Enforcement agency shall mean the Office of Parks, Recreation and Historic Preservation, the Department of Environmental Conservation, a regional park, recreation and historic preservation commission, the Division of State Police, any county sheriff's office or any police department of a county, city, town or village.

(m) Police officer shall mean every law enforcement officer in the State, including conservation law officers, forest rangers and State Park police.

(n) Snowmobile violation shall mean a violation of any of the provisions of title D of the Parks, Recreation and Historic Preservation Law, or any ordinances, rules and regulations enacted pursuant thereto, or any other law relating to snowmobiles.

(o) Court shall mean any court of competent jurisdiction.

(p) Jurisdiction shall mean the legal jurisdiction of the court over the offense or crime.

(q) State aid shall mean payments by the State (1) to municipalities towards the cost of enforcing the provisions of article 27 of the Parks, Recreation and Historic Preservation Law; or (2) to counties, cities, towns or villages for the costs incurred for the development and maintenance of snowmobile trail systems within their boundaries according to the provisions of section 27.17 of the Parks, Recreation and Historic Preservation Law.

(r) Enforcement year shall mean the State fiscal year.

(s) Municipality shall mean each county, city, town or village in New York State, except those counties which lie within the territorial limits of New York City. Counties within the territorial limits of New York City shall mean the City of New York.

(t) Snowmobile operator's safety certificate shall mean the certificate issued by the commissioner evidencing that the holder thereof has successfully completed an approved course of instruction in snowmobile operation and safety.

(u) Special event shall mean an organized snowmobile event of limited duration which is conducted according to a prearranged schedule and in which the general public interest is manifested.

(v) Special event permit shall mean written permission from the commissioner authorizing the holding of a special event at a specific location, pursuant to the provisions of article 25 of the Parks, Recreation and Historic Preservation Law.

(w) Sponsor shall mean any individual, society, club, firm, partnership, corporation, or association of persons who have organized and are conducting the special event in whose name the special event permit is issued.

(x) Person in charge shall mean the designated individual having full authority to represent the sponsoring organization in all matters relating to a particular special event.

(y) Special assistant to person in charge shall mean the person or persons assigned by the person in charge to assist at a particular special event.

(z) Instructor shall mean a person who has been certified by the commissioner as being qualified to teach the New York State young snowmobile operator's safety training course.

(aa) Bureau shall mean the Snowmobile Bureau of the Office of Parks, Recreation and Historic Preservation, 625 Broadway, Albany, NY 12233.

(ab) Rule or regulation shall mean any rule or regulation duly adopted by the commissioner pursuant to article 25 of the Parks, Recreation and Historic Preservation Law.

(ac) Snowmobile trail shall mean a marked corridor on lands owned by a local sponsor, or for which the local sponsor can provide assurances satisfactory to the commissioner that such lands shall continue to be available for snowmobile use, which are designated for snowmobile use by the general public.

(ad) Authorized expenditure shall mean an expenditure determined by the commissioner to be reasonable and necessary for the proper development and maintenance of a snowmobile trail.

(ae) Local sponsor shall mean a county engaging and assisting in the development and maintenance of a system of snowmobile trails and a program with relation thereto within its boundaries to encourage safety, tourism and utilization, or in the event a county does not undertake such a program or system of trails, any city, town or village within such county which undertakes the same.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 453.1

Amended New York State Register March 8, 2023/Volume XLV, Issue 10, eff. 3/8/2023