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Discussion Starter · #1 ·
any1 that lives in upstate new york know the penalty for driving on the road with a quad? if its that the quad gets impounded, ball park number for getting it back?
 

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Food for tought!

HOW TO STREET LEGALIZE ATV IN NY (AND OTHER STATES)

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THE VERY BEST WAY IS TO SUE!

i see so many people spending tons of money on mods and so much time doing research on how to modify to mnake it street legal going through hoops and circles to get it done.... THE SMARTER WAY would be to sue, which would benefit ALL OF US, instead of just benefiting yourself.

Are you going to let some effed up law prevent you from your constitutional 14th amendment right to travel??

I would reccomend going to the nearby federal courthouse and ask them for information on how to sue the DMV. it is NOT hard and it does not have to be done in a professional legal manner...you just have to satisfy the court rules which they will help you with.

Here are some ideas for arguments:

The 14th amendment states that the Equal Protection Clause mandates EQUAL PROTECTION for all who are similarly situated....in other words, why are motorcycle riders allowed to drive on the street, but not atv riders? This is Unconstitutional.

Since we are dealing with a "fundamental right", namely, the right to travel, STRICT SCRUTINY applies. This means that in order for the ban on ATV onroad use to remain in place, the BURDEN is on the DMV to show:
1. A compelling govt interest in the ban
2. that the ban is "narrowly tailored"
3. That the "least restrictive means: were used to accomplish the compelling govt interest

I think it is fairly easy to show that the least restrictive means here was NOT USED by the DMV. For instance, if the govt interest was safety, the govt can mandate safety requirements such as headlights, blinkers etc.

If the DMV cannot satisfy all requirements stated above, the ban is unconsittuional

And even if this does not come under the "right to travel" i.e. a 'fundamental right', then The Rational Basis test is used/ Is the ban rationally related to a legitimate government interest? (the burden will be on you, the plaintiff, to prove that it isnt)

I went to law school and am considering suing the NY DMV myself because they wont allow onroad use and i just spent over $8,000 on a 2008 brute force 750. It can hit over 70mph, it has low and high beam, it has an electronic speedometer built in, front and rear brakes ALL STANDARD. There is no reason i cant drive this thing on the street and gotta take flack from the local police. Screw that! ill take them to court and i encourage EACH AND EVERY ONE OF YOU to sue, either by yourself or by a lawyer. This is discrimination and we atv riders should not stand for it.

Just a note; if you cant bring the action in federal court(i dont think a state can be sued in federal court although perhaps the dmv can be) then bring it to State court....all the same.

if anyone needs any legal questions answeered or has any questions feel free to email me and i will help whereveer i can; ([email protected]) PROPS to the go getter who sues and gets this damn law changed for good. How awesome would it be to just be able to hop on the quad and gun down the street? daymmm

COME ON GUYS! I WANNA SEE SOME LAWSUITS! DONT LET THESE GUYS GET AWAY WITH THIS DISCRIMINATION!
 

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Yeah, I'm curious to see how far that person got in his quest. I'm guessing he was shot down in the opening rounds.

To the OP, if you already know that riding an ATV on the road is illegal, why are you asking what the consequences are? Why not just avoid them altogether by not riding? Seems like that would be the cheaper option, and probably keep you out of court as well, in addition to having to pay the fees to get your quad out of impound.
 

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Even if you have to buy a trailer and pull it with your car, I would think it would be less of a head ache and probably cheaper than dealing with tickets and impounds.
 

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Do you mean crossing Rds. or riding from one trail to another? or what?
 

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Food for tought!

HOW TO STREET LEGALIZE ATV IN NY (AND OTHER STATES)

--------------------------------------------------------------------------------

THE VERY BEST WAY IS TO SUE!

i see so many people spending tons of money on mods and so much time doing research on how to modify to mnake it street legal going through hoops and circles to get it done.... THE SMARTER WAY would be to sue, which would benefit ALL OF US, instead of just benefiting yourself.

Are you going to let some effed up law prevent you from your constitutional 14th amendment right to travel??

I would reccomend going to the nearby federal courthouse and ask them for information on how to sue the DMV. it is NOT hard and it does not have to be done in a professional legal manner...you just have to satisfy the court rules which they will help you with.

Here are some ideas for arguments:

The 14th amendment states that the Equal Protection Clause mandates EQUAL PROTECTION for all who are similarly situated....in other words, why are motorcycle riders allowed to drive on the street, but not atv riders? This is Unconstitutional.

Since we are dealing with a "fundamental right", namely, the right to travel, STRICT SCRUTINY applies. This means that in order for the ban on ATV onroad use to remain in place, the BURDEN is on the DMV to show:
1. A compelling govt interest in the ban
2. that the ban is "narrowly tailored"
3. That the "least restrictive means: were used to accomplish the compelling govt interest

I think it is fairly easy to show that the least restrictive means here was NOT USED by the DMV. For instance, if the govt interest was safety, the govt can mandate safety requirements such as headlights, blinkers etc.

If the DMV cannot satisfy all requirements stated above, the ban is unconsittuional

And even if this does not come under the "right to travel" i.e. a 'fundamental right', then The Rational Basis test is used/ Is the ban rationally related to a legitimate government interest? (the burden will be on you, the plaintiff, to prove that it isnt)

I went to law school and am considering suing the NY DMV myself because they wont allow onroad use and i just spent over $8,000 on a 2008 brute force 750. It can hit over 70mph, it has low and high beam, it has an electronic speedometer built in, front and rear brakes ALL STANDARD. There is no reason i cant drive this thing on the street and gotta take flack from the local police. Screw that! ill take them to court and i encourage EACH AND EVERY ONE OF YOU to sue, either by yourself or by a lawyer. This is discrimination and we atv riders should not stand for it.

Just a note; if you cant bring the action in federal court(i dont think a state can be sued in federal court although perhaps the dmv can be) then bring it to State court....all the same.

if anyone needs any legal questions answeered or has any questions feel free to email me and i will help whereveer i can; ([email protected]) PROPS to the go getter who sues and gets this damn law changed for good. How awesome would it be to just be able to hop on the quad and gun down the street? daymmm

COME ON GUYS! I WANNA SEE SOME LAWSUITS! DONT LET THESE GUYS GET AWAY WITH THIS DISCRIMINATION!
i think you would be better off by getting a potition gonging with thousands of signitures and present it to the state. Let them know why its a good idea to legalize atvs. it will add $$ for the state through licensing thousands of motor vehicles. If a moped can be on the street, then an atv should def be safer
 

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Funny thing is, in New York, ATV's are required to be registered/plated/insured, even though you are not permitted to ride them on the road. Seems pretty ridiculous to me to have a requirement like that if you aren't allowed to utilize it.
 

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Funny thing is, in New York, ATV's are required to be registered/plated/insured, even though you are not permitted to ride them on the road. Seems pretty ridiculous to me to have a requirement like that if you aren't allowed to utilize it.
We have that requirement here as well and it serves several purposes:

1. First off the insurance is for liability, not protecting the value of your ATV. If you accidentally crash into a barn and burn it to the ground with the 250 cows and associated equipment that are inside, you will be covered by that insurance. Same applies if you crash your ATV and injure or kill a bystander or other ATVer, the insurance is there to provide a reasonable protection for other people in case of an accident.

2. Secundo, lots of ATV trails share parts of public roads up here. In order to legally ride a motor vehicle on the road, you need a driving permit, insurance and a plate so you can be recognized in case of mischief.

To me, it is ridiculous that some states do not have plates or registration on ATV's :)
 

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We have that requirement here as well and it serves several purposes:

1. First off the insurance is for liability, not protecting the value of your ATV. If you accidentally crash into a barn and burn it to the ground with the 250 cows and associated equipment that are inside, you will be covered by that insurance. Same applies if you crash your ATV and injure or kill a bystander or other ATVer, the insurance is there to provide a reasonable protection for other people in case of an accident.

2. Secundo, lots of ATV trails share parts of public roads up here. In order to legally ride a motor vehicle on the road, you need a driving permit, insurance and a plate so you can be recognized in case of mischief.

To me, it is ridiculous that some states do not have plates or registration on ATV's :)
Guess I should have clarified that one. I understand where you are coming from with the whole insurance thing. That part of it makes sense. The part that doesn't make sense is that none of the trails (at least in the part that I lived) were a part of, nor did they share a part of the road.

The amount of red tape and the numbers of seemingly ridiculous, pointless laws that were in place there actually turned me away from riding there. To be clear, I did NOT wish to break any laws, but I wasn't willing to jump through hoops to ride legally and then find out I was STILL riding illegal. For example, I didn't understand why I could be perfectly legal to ride in my home state of Michigan, but in order to ride in NY, I would have had to surrender my Michigan title and register in NY. Easy enough I suppose, but what about someone that wanted to visit and go riding for a weekend? What are the requirements? The entire time I was there, I couldn't get the same answer from anyone, from the DMV, to the DEC, nobody had any answers.
 

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I wish they would let ATVs on the road. I'd ride mine year round. Years ago it didn't matter if you had tags or not. I bought a Warrior new in '00 and never registered it. Now, if you get caught it's at least an $80 fine. The state could make sooo much money if they did, it would make sense so therefor they won't.

But you are allowed to cross the road, supposed to be straight across, not diagonal or riding a 1/4 mile down the road. It also depends on your attitude with the cop. If your a dick, then you will get a handful of tickets if not impounded.
 

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I wish they would let ATVs on the road. I'd ride mine year round. Years ago it didn't matter if you had tags or not. I bought a Warrior new in '00 and never registered it. Now, if you get caught it's at least an $80 fine. The state could make sooo much money if they did, it would make sense so therefor they won't.

But you are allowed to cross the road, supposed to be straight across, not diagonal or riding a 1/4 mile down the road. It also depends on your attitude with the cop. If your a dick, then you will get a handful of tickets if not impounded.
Yup same here but the registerd tags and 80$ fine i dont get. Whats the tags for anyway and register it? Is that the same as a plate number on cars?
 

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Discussion Starter · #12 ·
ok guys i understand that i should not be riding on roads and what not but that wasnt my question......

my question is that if you DO get caught driving on the road, what are the consequences
 

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Really depends. If your 100% legal, and went riding and got lost or hurt, had to ride the roads to get back/help, then they might let you go. If you live in the area and just out riding up and down the road, they might get ticket happy. As I said before it depends on the cop, what mood is in and how you are to him. I went riding just after the weather got warmer. Took us an hour to go barely a mile on the trail cause it was blocked. I didn't want to go back that way, so was gonna take the road back. But while we were sitting there, we could hear a couple ATVs going down the road already. I pulled up along side the road to talk to an old time who lives there, and low n behold here comes a statey. Asked what I was doing, and for reggy and insurance. I do have a plate, but then it was expired so was insurance. He could have written me a bunch of tickets, but he just said get it on the trailer and go home. I was polite to him, wasn't giving him an attitude, so he let me go.

I live in upstate NY in the country. Decent amount of trails to ride, but where I am there is some trails close by where I have to ride the road. Now there is one town judge that lives up the road, and another that lives down the road. Only once did I get yelled at for riding on the road. The trail head is right next to one of the judges, knock on wood, never says anything....
 

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I live in Watertown, ny and if you do have reg/tags/ins and helmet with proper attire (i.e. pants, boots etc) you can ride on most roads. You cant ride through non-rural city limits or any of that. If anyone is familiar with this area, I have ridden to Syracuse, Clayton, Cape Vincent and most surrounding towns that are in the area and these are 100+ miles of trails which have some very long paved road stretches that connect 1 trail to another and never had any one say anything. Cops wave all the time and our plattoon went on a ride where when we broke out into a town we ran into some traffic and a had a police escort so the noise wouldnt disrupt the festivities. I guess its just where you ride at in northern NY, but never known anyone to get in trouble for it and we ride just about every weekend.
 
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