Title 9 Part 459

The terms snowmobile, equipment and commissioner as used in this Part are defined in section 21.05 of the Parks, Recreation and Historic Preservation Law or Part 454 of this Subtitle.

The following types of snowmobile equipment must be approved:

The sound level produced by a new snowmobile manufactured after June 1, 1975, shall not exceed 78 decibels (78dB [A]) on the A scale, measured at a distance of 50 feet to the side of such snowmobile when the machine is run at full throttle and tested in accordance with the procedures of the Society of Automotive Engineers recommended practice J192-a. The sound level produced by a snowmobile manufactured after June 1, 1980, shall not exceed 73 decibels (73dB [A]) on the A scale, measured at a distance of 50 feet to the side of such snowmobile when the machine is run at a speed of 15 miles per hour and tested in accordance with the Society of Automotive Engineers recommended practice J1161.

The manufacturer shall not modify or change the device approved without resubmission of the modified device for approval in the same manner as required for the original device. The commissioner reserves the right to inspect the manufacturing plant and any devices sold in the State of New York. In the event that it is determined that the devices approved have been modified and are no longer acceptable, the manufacturer will be notified of withdrawal of the approval and will no longer be permitted to sell snowmobiles in this State. All notifications of approval or disapproval will be accomplished by letter.

This regulation implements chapter 228 of the Laws of 1997, which amended the Parks, Recreation and Historic Preservation Law to provide that no person shall operate a snowmobile or ride as a passenger on a snowmobile unless he or she is wearing a protective helmet of a type approved by the Commissioner of Parks, Recreation and Historic Preservation. It should be noted that neither the law nor the regulation applies to the operation of a snowmobile or riding as a passenger on private lands owned by the operator or passenger, or where the operator or passenger has a contractual right such as a lease other than as a member of a club or association, and for which no compensation is paid to the owner with respect to such operation.

A helmet that is approved for wear while operating a snowmobile or riding as a passenger on a snowmobile shall be any helmet bearing a legible label that is applied by the manufacturer which indicates that the manufacturer of the helmet certifies that it meets one of the following established standards:

Copies of the Federal DOT and Snell standards are available for review at the Office of Parks, Recreation and Historic Preservation, Marine and Recreational Vehicle Bureau, 625 Broadway, Albany, NY 12233.