Sheriff: Know the law regarding UTV’s in New York

Answers to five common questions from the NYS DMV

From the ACSO,

The Allegany County Sheriff’s Office would like to make the public aware of the 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝗯𝗹𝗲 𝗹𝗮𝘄 regarding UTV operation, as clarified in a letter from the 𝗡𝗲𝘄 𝗬𝗼𝗿𝗸 𝗦𝘁𝗮𝘁𝗲 𝗗𝗲𝗽𝗮𝗿𝘁𝗺𝗲𝗻𝘁 𝗼𝗳 𝗠𝗼𝘁𝗼𝗿 𝗩𝗲𝗵𝗶𝗰𝗹𝗲𝘀.

𝗙𝗿𝗼𝗺 𝘁𝗵𝗲 𝗡𝗬𝗦 𝗗𝗠𝗩:

The Department of Motor Vehicles (DMV) has received your correspondence wherein you ask several questions regarding the operation of UTVs on public highways.

1)𝗖𝗮𝗻 𝗮 𝗨𝗧𝗩 𝗯𝗲 𝗿𝗲𝗴𝗶𝘀𝘁𝗲𝗿𝗲𝗱 𝗶𝗻 𝗡𝗲𝘄 𝗬𝗼𝗿𝗸 𝗦𝘁𝗮𝘁𝗲 𝗮𝗻𝗱 𝗼𝗽𝗲𝗿𝗮𝘁𝗲𝗱 𝗼𝗻 𝗽𝘂𝗯𝗹𝗶𝗰 𝗿𝗼𝗮𝗱𝘀?

𝗔𝗻𝘀𝘄𝗲𝗿: “A UTV cannot be registered in NYS or operated on public highways. UTVs fall within the definition of a ‘motor vehicle’ outlined in New York State Vehicle and Traffic Law (VTL) §125 (‘propelled by a power other than muscular power’), and must therefore be registered to be operated on a public highway under VTL §401(1)(a). However, UTVs are currently unregisterable as there is no registration class for such a vehicle currently listed in VTL §401.”

2)𝗗𝗼𝗲𝘀 𝗮 𝗨𝗧𝗩 𝗻𝗲𝗲𝗱 𝘁𝗼 𝗯𝗲 𝗶𝗻𝘀𝗽𝗲𝗰𝘁𝗲𝗱 𝗮𝗻𝗱 𝗶𝗻𝘀𝘂𝗿𝗲𝗱 𝘄𝗵𝗲𝗻 𝘂𝘀𝗲𝗱 𝗼𝗳𝗳 𝗽𝗿𝗶𝘃𝗮𝘁𝗲 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗶𝗻 𝗡𝗬?

𝗔𝗻𝘀𝘄𝗲𝗿: No, because a UTV cannot be registered and therefore cannot be used on public highways in this state.

3)𝗖𝗮𝗻 𝗮 𝗨𝗧𝗩 𝗯𝗲 𝗿𝗲𝗴𝗶𝘀𝘁𝗲𝗿𝗲𝗱 𝗼𝘂𝘁-𝗼𝗳-𝘀𝘁𝗮𝘁𝗲 𝗯𝘂𝘁 𝗼𝗽𝗲𝗿𝗮𝘁𝗲𝗱 𝗶𝗻 𝗡𝗲𝘄 𝗬𝗼𝗿𝗸 𝗦𝘁𝗮𝘁𝗲?

𝗔𝗻𝘀𝘄𝗲𝗿: “No, because a vehicle type that cannot be registered in this state may not operate in this state even if it is registered in another state.”

4)𝗖𝗮𝗻 𝗮 𝗨𝗧𝗩 𝗾𝘂𝗮𝗹𝗶𝗳𝘆 𝗮𝘀 𝗮 𝘀𝗹𝗼𝘄-𝗺𝗼𝘃𝗶𝗻𝗴 𝘃𝗲𝗵𝗶𝗰𝗹𝗲 𝗳𝗼𝗿 𝗼𝗽𝗲𝗿𝗮𝘁𝗶𝗼𝗻 𝗼𝗻 𝗽𝘂𝗯𝗹𝗶𝗰 𝗵𝗶𝗴𝗵𝘄𝗮𝘆𝘀?

𝗔𝗻𝘀𝘄𝗲𝗿: “No. The display of a slow-moving vehicle emblem does not convert a UTV into, nor qualify it as, a slow-moving vehicle for operation on the public highways. VTL §375 (36)(c) states in part, ‘[S]uch emblem shall be used only on farm machinery and implements of husbandry on road construction and maintenance machinery, and on such other vehicles, machinery and equipment as may be specified in regulations issued by the commissioner …’ Pursuant to 15 NYCRR 68.8, ‘[T]he only use of the slow-moving vehicle emblem shall be as follows: (a) Agricultural equipment, whether towed or self-propelled, designed for operation at speeds not in excess of 25 miles per hour, when traveling on or moving along a public highway during day or night, shall each display the slow-moving vehicle emblem …’ Therefore, since UTVs are not the types of vehicles described above, UTVs are not permitted to operate on public highways by displaying slow-moving vehicle emblems.”

5)𝗖𝗮𝗻 𝗮 𝗨𝗧𝗩 𝗯𝗲 𝗱𝗲𝗰𝗹𝗮𝗿𝗲𝗱 𝗮𝘀 𝗮 𝗙𝗮𝗿𝗺/𝗔𝗴𝗿𝗶𝗰𝘂𝗹𝘁𝘂𝗿𝗮𝗹 𝘃𝗲𝗵𝗶𝗰𝗹𝗲?

𝗔𝗻𝘀𝘄𝗲𝗿: “No. The key to determining whether a UTV can be defined as a farm/agricultural vehicle can be found in VTL §100-d which defines ‘agricultural equipment’ as being ‘[e]very agricultural tractor, self-propelled implement of husbandry, and towed, mounted or semi-mounted implement of husbandry.’ ‘Implement of husbandry’ shall mean a vehicle designed or adapted exclusively for agricultural, horticultural or livestock raising operations or for lifting or carrying an implement of husbandry. It is our opinion that the language ‘designed or adapted exclusively for’ agriculture would exclude a stock UTV, and the term ‘agricultural tractor’ refers to a farm tractor designed specifically for agriculture. While a UTV that has been adapted exclusively for agricultural and used exclusively for agriculture might be considered a farm vehicle, or ‘agricultural equipment,’ it would ultimately be a fact-based determination.”

6)𝗖𝗮𝗻 𝗮 𝗨𝗧𝗩 𝗯𝗲 𝗼𝗽𝗲𝗿𝗮𝘁𝗲𝗱 𝗼𝗻 𝗽𝘂𝗯𝗹𝗶𝗰 𝗿𝗼𝗮𝗱𝘀 𝗶𝗳 𝗱𝗲𝗰𝗹𝗮𝗿𝗲𝗱 𝗮𝘀 𝗮 𝗙𝗮𝗿𝗺/𝗔𝗴𝗿𝗶𝗰𝘂𝗹𝘁𝘂𝗿𝗮𝗹 𝘃𝗲𝗵𝗶𝗰𝗹𝗲?

𝗔𝗻𝘀𝘄𝗲𝗿: “No. See answer to #5.”

7)𝗜𝗳 𝗶𝘁 𝗰𝗼𝘂𝗹𝗱 𝗯𝗲 𝗼𝗽𝗲𝗿𝗮𝘁𝗲𝗱 𝗮𝘀 𝗮 𝗙𝗮𝗿𝗺/𝗔𝗴𝗿𝗶𝗰𝘂𝗹𝘁𝘂𝗿𝗮𝗹 𝘃𝗲𝗵𝗶𝗰𝗹𝗲, 𝘄𝗵𝗮𝘁 𝗿𝗲𝗾𝘂𝗶𝗿𝗲𝗺𝗲𝗻𝘁𝘀 𝗺𝘂𝘀𝘁 𝗯𝗲 𝗺𝗲𝘁?

𝗔𝗻𝘀𝘄𝗲𝗿: “See answer to #5.”

8)𝗜𝗳 𝗮 𝗨𝗧𝗩 𝗶𝘀 𝘀𝘁𝗼𝗽𝗽𝗲𝗱 𝗼𝗻 𝗮 𝗽𝘂𝗯𝗹𝗶𝗰 𝗿𝗼𝗮𝗱, 𝘄𝗵𝗮𝘁 𝗩𝗧𝗟 𝘀𝗲𝗰𝘁𝗶𝗼𝗻 𝗮𝗽𝗽𝗹𝗶𝗲𝘀?

𝗔𝗻𝘀𝘄𝗲𝗿: “VTL Section 401(1)(a) – unregistered motor vehicle.”

9)𝗪𝗵𝗮𝘁 𝗹𝗶𝗴𝗵𝘁𝗶𝗻𝗴/𝘀𝗮𝗳𝗲𝘁𝘆 𝗲𝗾𝘂𝗶𝗽𝗺𝗲𝗻𝘁 𝗶𝘀 𝗻𝗲𝗰𝗲𝘀𝘀𝗮𝗿𝘆 𝗳𝗼𝗿 𝗨𝗧𝗩𝘀 𝗼𝗻 𝗽𝘂𝗯𝗹𝗶𝗰 𝗿𝗼𝗮𝗱𝘀 𝗶𝗳 𝗮𝗹𝗹𝗼𝘄𝗲𝗱?

𝗔𝗻𝘀𝘄𝗲𝗿: “Operation of UTVs on public roads is prohibited.”

Additionally, after a check with a local insurance company and their conversation with their underwriter; when you get insurance for your UTV (side by side), the insurance only covers the vehicle and occupants when the vehicle is being operated legally in an area where it is legally allowed. In other words, you are not covered when you operate it on any public highway. That means you can be held personally responsible for any injuries or property damage in any accident, whether or not you are at fault.