New York State Off-Highway Recreational Vehicle Assn., Inc.

NYSORVA

PO Box 90                                                                     www.nysorva.org

Camden, NY  13316                                                   www.nyatvsafety.net

Please take a few minutes to help get an ATV Trail System established in NY!

NYSORVA, New York’s statewide advocacy group focused on issues that affect the off-highway motorcycle and ATV user community since 1993, continues to work tirelessly on behalf of the 1.9 million (or 13.1%) of New York citizens 16 and over who pursue wheeled-OHV recreation in New York State. 

Building on the support of the Governor’s proposal to establish an ATV Trail Program as contained in the Executive Budget, NYSORVA has met with key policy makers in state government to secure the establishment of a true ATV Trail Program in New York State.

As you remember, last year’s budget included an ATV registration fee increase from $10 to $25 [learn more here], with a dedication of the increase to a Fund set apart for an ATV Program.  But the end of the regular session came and went, and the ATV community saw yet another year without necessary legislative action to enact a true ATV Program. 

The Executive Budget proposal put forth by Governor Pataki this year offers NYSORVA and ATV enthusiasts statewide new hope.  The proposal directs the DEC to develop and implement a program of state assistance payments for municipalities and not-for-profit all terrain vehicle associations for all terrain vehicle safety, education, and training; and the development and maintenance of all terrain vehicle roads and trails which are open to the general public.

But now we need your help!  For us to be successful, every OHV club and every OHV user must take a few minutes to call and write to their Senator and Assemblymember supporting this program.  Even then it won’t be easy.  Environmental groups opposed to ATV access are well funded, well organized, and seasoned in fighting progress of pro-OHV issues.  But this year gives us the best shot we’ve ever had of getting a true ATV trail system in New York State.  So, take a moment right now and write or call your Legislator and ask them to include an ATV Program in the State Budget.

Senate:  518-455-2800               Assembly: 518-455-4100

“Hello, my name is __________ and I live in the Town of  ___________.  I’m an ATV enthusiast and a member of {local club name}.  I’m calling to ask you to work to include an ATV Trails Program in the State Budget.  My ATV registration fee was raised 150% last year to fund this program.  Please make sure that this year my hard earned money can be spent on ATV trails and not swept away into the General Fund.  Thank you.”

For help determining who your Legislative Representatives are, including their direct phone numbers and mailing addresses, see the web site
http://www.vote-smart.org/index.htm and search by your ZIP code.

The successful creation of a true Trail Fund, and the funding of a DEC ATV Program, will finally recognize the 1.9 million New Yorkers that comprise the wheeled-OHV community as a legitimate recreational group.  Moreover, a true ATV Program will facilitate safe, legal and environmentally conscious recreation, reduce trespass, and increase rider safety.

NYSORVA is committed to continuing its work on behalf of the OHV user community towards achieving these goals and are now looking to you, the rider community, to help us to enact this program.

THANK YOU!

Team NYSORVA

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The New York State Off-Highway Recreational Vehicle Association (NYSORVA) is New York’s statewide advocacy group focused on issues that affect the off-highway motorcycle and ATV user community, such as land-use issues and legislation. NYSORVA is recognized for its relevance by national organizations such as the American Motorcyclists Assn. (AMA), National Off-Highway Vehicle Conservation Council (NOHVCC), The Blue Ribbon Coalition (BRC), and the Motorcycle Industry Council (MIC). NYSORVA is the organization designated by a Memorandum of Understanding (MoU) with the Dept. of Environmental Conservation (DEC) as the state's conduit for communication with the wheeled off-highway vehicle (OHV) user community. This community of recreationists is estimated by the US Forest Service to include 1.9 million enthusiasts in the state of New York alone, the third largest of such groups in the entire nation.

NYSORVA's mission is to work with all interested parties for increased safe and environmentally conscious OHV recreational opportunities on both public and private lands in NY State.  NYSORVA is a nonprofit corporation that endorses safe and environmentally conscious riding on legally registered and insured machines, and has adopted “tread lightly” practices.

NYSORVA’s primary mission is to facilitate the development and maintenance of legal and sustainable riding trails and areas in New York state for the sizeable constituency that engages in this activity. NYSORVA believes the lack of legal riding areas in the state of New York directly contributes to the problem of unmanaged riding on the private property and farmland of landowners in rural communities.  We continue to hope that the passage of a true Trail Program will change this situation and enable an environmentally sensitive trails network to be developed by utilizing riders’ registration fees already being collected.

More information at:  http://www.nysorva.org/

4/13/05: State Budget now Law, Includes ATV Trail Fund, but no ATV Program-- More to Do

3/17/05: DEC Draft ATV Policy for Public Lands Released

Point-of-Sales Registration Now Required in New York

 11/21/05: NYS DMV has now released the details on the POS ATV Registration program. Dealers may now order temporary registration certificates from DMV. Established, registered dealers may apply to stock ATV plates.

Links to program forms:

PD-3 Request for MV53 Temporary Registration forms

MV-463 Application to stock ATV plates (registered dealers only)

MV-464L Order form to obtain plates (must be accepted in stocking dealer plate program)

Registration Exemption forms are 3-part and only available on paper from DMV, contact your local DMV office.

- DMV dealer program in development, otherwise requires Dealers to visit DMV offices

- Applies to all ATVs including off-highway motorcycles, MX exemption overlooked in the law (DMV said to be incorporating the exceptions administratively)

- POSR requirement effective April 1, 2005

 - - - FOR IMMEDIATE DISTRIBUTION TO ALL ATV/OHM DEALERS IN NY - - -

ALBANY, NY — With the passage of legislation to re-establish an ATV Trail Fund, the State Budget included a surprise for Dealers of ATVs and trailbikes— a new requirement to register any such vehicle before the machine leaves the dealership.

POS registration of "ATVs" is the Law of NYS effective April 1, 2005.  (An ATV registration fee increase, from $10 to $25 to fund the Trail Fund, will be subsequently effective June 29^th. [Click here for more information on Trail Fund.]) Immediate effectiveness of POSR, no implementation language in the Law, and no policy precedent, gives the NYSDMV no guidance on how to establish a program that requires a special form for exemptions, nor is a stocking plate program addressed.

DMV has requested NYSORVA’s help in spreading the word to dealers and industry contacts. They will produce a mailing to Registered Motorcycle Repair Shops and a general press release to news agencies, while they develop the working details of the POSR program.

In the absence of a stocking plate program, the only option for response of the dealers is — like many dealers already do — to go to the local DMV and process the registration transaction on behalf of the customer. 

The glaring error in the POSR law, which has been reported to the Legislature and DMV policy officials is the matter of Registration Exemptions: The law ignores agriculture/plowing and competition exemptions resident in the existing V&T law as valid grounds for allowing a machine out the door without an ATV plate. This problem will confront your MX and hair scramble customers (quad and bike) and farmers too. (Recall that in NY, MX and other types off-road motorcycles are ATVs by legal definition - unless such bike has a highway plate, then it is a "motorcycle" under NYS V&T.) We have no information on whether there is a punitive response for dealers’ failing to comply with this new POSR requirement.

Enactment details on the POSR law, and the trail fund law can be read under Part D of Budget Bill S.3669/A.6843.

July 11, 2005: 
ATV Registration Fee Increase Now In Effect, State Keeping the Money

With the end of the regular Session in the NYS Legislature on 6/23/05, there are no signs that an "ATV Program", nor spending authority of the enacted "Trail Fund" will be passed into law, barring a miracle. The promise made to us in the State Budget for Program/Funding legislation has therefore been broken. We encourage you to discuss this severely disappointing outcome with every politician you can find. This marks the thirteenth year straight that ATV Program/Funding legislation has been thwarted by anti-recreation interests.

An overriding factor in this year's legislative failure, at a time that has seen no greater momentum and potential for success of our issues, has to do with the control of ATV legislation being hijacked from the Assembly Tourism Committee by the more powerful Environment Conservation Committee. Though we have welcomed a re-establishment of dialog, the Assembly EnCon Committee shows no signs of interest in working with the ATV community, only in controlling - apparently by stalling - related legislation initiatives. This is not only a setback for those interested in the social and economic benefits of ATV tourism, but ironically serves to negate the interests of environmental advocates who agree with us that properly-located and managed trails will benefit the environment. Without legislation to enable comprehensive ATV management, enforcement, and funding programs, both "sides" are suffering.

The Legislature estimated that it would gain $2.5M in revenue in Fiscal 2005-2006 by raising the ATV fee from $10/yr to $25/yr, when factoring in the institution of mandatory Point-of-Sale registration at the dealers (see article for explanation). The ATV community was supposed to accept this as a "compromise" since a proposed increase to $45/yr was thwarted. But the payoff to us was to be an ATV Trail Fund and Program. Alas, instead we have another $2.5M to add to the almost $10M taken from ATV riders to date with no return in the form of trails (see article). And this is Registration Fees alone, never mind sales taxes, etc. In other words, the scam continues.

April 13, 2005: 
An ATV Trail Fund has been enacted in the State Budget!

- DOES NOT CONTAIN NECESSARY PROVISIONS TO USE THE FUND
- $850,000 MADE AVAILABLE IN 2005 FOR A YET-TO-BE-CREATED ATV PROGRAM

2) All about the Legislation:

See two articles [1] [2] with comprehensive explanations of the issues affecting us, why ATV Program/Fund legislation is necessary NOW, what needs to be done for such to be enacted, and an extended list of legislative officials you can contact to express your support. Includes relevant mailing addresses and a sample letter, which you can copy into your e-mail or word processing program.

3) Project Vote-Smart Member Lookup: 

Use this online tool to look up your NYS Senator and Assembly Member based on your ZIP™ or ZIP+4™ postal code. Lists your Legislative Representatives’ résumés, mailing addresses (helpful to copy and paste into your word processor), phone and fax numbers, and e-mail links when available. This way you may contact them using any method you like. 

Tips: A letter by mail or fax (particularly valued if well hand-written) and a phone call to your State Senator and Assembly Member are the most effective methods of getting their attention on any issue:

Tell your State Senator and Assembly Member that you want him/her to SUPPORT:

• An ATV Trail Program and Trail, Education, and Enforcement Funding 
  A dedicated and protected trail fund account that cannot be raided and is funded with registration dollars every year 

• A fair and equitable distribution of the registration fee imposed (proposed in 2005 State Budget to be increased to $45) on par with the funding split that was passed into law for snowmobilers in 2004 ($10-State, $35-Trail Fund).

• Fair and reasonable funding for access on lands under the jurisdiction of DEC 

• If you e-mail a letter, remember to include your full mailing address so that you will receive a reply. Otherwise they may discard your message. We also recommend following up with a snail-mail letter.

Thank you for your help. By participating in the legislative process, you are advocating for your own rights as a trail rider. Good for you!

A viable Trail Fund is just part of a complicated puzzle in advancing the cause of OHV recreation in New York State. Three of the other important pieces are the creation of an official ATV/OHM Trail System, active cooperation with the OHV recreational community by state government and agencies, and the re-establishment of landowner liability insurance for private land trails, in a manner similar to the response given deservedly to snowmobiling. 

Please participate in the struggle by joining and being active in a club, voting, contacting your elected officials, and most of all, being a responsible ambassador for ATV or trail bike riding. We are all judged by our actions and need to put our best face forward. 

[Project Vote-Smart] [More about the Legislation]

Thank You NYSORVA for keep us up to date on this stuff