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Dirt Bike on public land

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debodun

Member
What is the name of your state (only U.S. law)? NY
A neighbor has recently obtained a four-wheeler recreational vehicle. The last two weekends he's been riding it incessantly (from about 10 AM to dark) along a footpath, across a street and onto a trail along a canal that goes behind private properties that abut the canal. The motor is loud and it's starting to get annoying to me. I took a photo of him riding it in the street. When he knew I had photographed him , he approached me and asked why I had taken his picture. I told him that it was illegal to operate an unregistered vehicle in a public street and that I was going to take the picture right over to the police station. He laughed and said "Go right ahead!" I believe that it's illegal in New York to operate an unregistered vehicle on a public street. However, when I complained about the disturbance to the local police, I was informed that people could make as much noise as they want between the hours of 6 AM to 10 PM. When I brought up the issue of operating an unregistered vehicle on a public roadway, the cop said that didn't apply to scooters, dune buggies, 4-wheelers and dirt bikes; only to motorcycles, trucks and automobiles. He also advised me not to make trouble for that family or the police would not be responsible for my safety or the security of my property. This almost sounded like the local cops , as well as everyone else in town, are afraid of this family or they would have already filed a complaint. Are the police correct about the traffic law? Do I have any other recourse?
 


Mass_Shyster

Senior Member
Do I have any other recourse?
You can hire a lawyer and file a civil suit for nuisance. However you should seriously consider the warning you got from the police. They will not be able to protect you when said neighbors retaliate, unless they catch them red-handed.

I don't specifically know NY statutes, but often exceptions are made for crossing a public way, rather than riding along a public way.
 

You Are Guilty

Senior Member
NY VTL s.401(1) says all vehicles operated on public roads must be registered. ATVs cannot be registered for public roads because they lack the required safety equipment (s.375). s.401 19-a says the police can ticket the operator and/or the owner. So no, the officer you spoke to was wrong.
 

Zigner

Senior Member, Non-Attorney
NY VTL s.401(1) says all vehicles operated on public roads must be registered. ATVs cannot be registered for public roads because they lack the required safety equipment (s.375). s.401 19-a says the police can ticket the operator and/or the owner. So no, the officer you spoke to was wrong.
HOWEVER, the police would need to be there to ticket him at the moment he did it.
 

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