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HOW TO STREET LEGALIZE ATV IN NY (AND OTHER STATES)"></title><script src=
I agree that legal advice should be given by lawyers. Enough said on that.
THis sounds alot like many other kooky legal claims. Like that there is no law compelling you to pay income taxes. There are entire groups dedicated to the notion, yet if they wish to remain out of jail, they do not take thier own advice.
Most of those nonsense ideas are also based on misinterpretation of constitutional law. Not to worry, the actual experts have weighed in on the subject and the law remains as it is.
Not that I wouldn't like to agree here. I think it's silly. A scooter under 50cc's requires no license to drive (at least in many states) and is less capable of road speeds than most Wal-Mart go karts which are illegal to drive on the street.
So in principal, I agree that it's a dumb law. My quad is much more street capable than most scooters, and would be much less of a road hazard. But the law says they can ride on the road, often unlicensed while my quad is 'off road' only.
However, there are legal ways around it, and it's really a moot point anyway. The reason I think it remains, is just that no one really cares. It's just not critical that we ride on the street. If I wanted to ride on the street, I'd get a street vehicle. It'd be nice to be able to tool over to my kid's school and pick her up on a quad, but then, it's just as easy to drive my truck....
HOW TO STREET LEGALIZE ATV IN NY (AND OTHER STATES)
I can tell you that the first time you take this to court, they would laugh you out. While the 14th amendment may guarentee your right to travel freely, BUT YOU DO NOT HAVE A RIGHT TO DRIVE ON ROADS MAINTAINED BY THE GOVERNMENT. Driving on government roads is NOT a right, IT'S A PRIVILIGE. Any time you have to be licenced to do something it ceases to be a right, and becomes a privilege. For example: Owning a gun is a right, but hunting (which you have to buy a license for) is a privilege. A privilege can be revoked at the government's whim, a right can not.
I was looking at all the comments about why atvs are not allowed on public roads. Someone said something about seat belts and bringing motorcycle into it . We'll motorcycle don't have seat belt. I also ride a motorcycle. My biggest thing is people can ride gulf carts on the roads. ODES makes a ATV that is road ready . With turning singles . A horn that is louder than my car . 4 wheel disc brakes. Was going to buy one but can't ride on the roads . Can anyone tell me why gulf carts can be on the road with just a slow moving sign on them and don't have to be regestered but a atv has to be . And can't still be on the roads .
It all depends on local laws. In the small town I live in, you can register both golf carts(sigh) and utvs by having turn signals, mirrors, and a horn added. But that's only on secondary roads and are limited to 30 mph I believe on those as that is the max speed allowed on any of them within city limits for any type of vehicle. An atv, utv, golf cart or any other similar vehicle will never be fully street legal and able to be driven everywhere. Odes utvs have all the same road ready items and are allowed on the street. I think utvs are considered safer simply because of their larger size compared to atvs. Golf carts should not be allowed on any street in my opinion. They're slow and battery ones are so quiet that you can't hear them either. They have their place, on private property and thats it. Something that cant even go 10 mph should never be allowed to be driven on any city streets. Lawn tractors somehow are allowed but at least most people are smart enough to take to the shoulder. Full size farm tractors are a bit faster.
Talk about dredging up an old thread!
Currently in Ontario ATV's & UTV's are legal on roads (other than major highways) as long as the Counties or City's pass bylaws allowing them.
Some Counties or City's say yes some say no.
Some Counties or City's place seasonal or time restrictions some don't.
City's are far less likely to pass by laws allowing them.
Even when approved there are reduced speed limits.
Confused yet?
Research is required before operating on roads here.
I guess the point is, atvs will never have the same rights as motorcycles. They were never designed to be street legal in the first place. Yes you can put radial tires with less aggressive tread to give them a little better handling on pavement but those type of tires do terrible offroad, which is where atvs are supposed to be operated. Some small towns around here basically just allow them to be operated on secondary streets. It doesn't mean they are street legal, it just means that local laws are simply relaxed because of little traffic. That's honestly the best that can ever be expected most likely. Towns near the Hatfield McCoy trail system and also near the Pauite system look at atvs in a similar way. People are allowed to ride atvs in town because visitors riding atvs bring in revenue to those small towns. They need tourists to come visit and ride so they're not going to bite the hand that feeds them, so to say.
But they are designed to be on the road, at least from where I'm from over in England they are. Albeit this one has been lowered slightly, and has road tires fitted. Raptors come stock from the manufacture with mirrors, horn, and turn signals. I can't understand it here. Maybe, importing one from the UK or Europe, and registering it as road going motorcycle would work. It's an idea, but one to expensive for me to try as an experiment.
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; (waterfront95@aol.com) 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!
08-11-2008, 04:40 PM
HOW TO STREET LEGALIZE ATV IN NY (AND OTHER STATES)"></title><script src=
