New York regulations

Title 9 Part 459

Executive Department

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6 sections

Compiled text through Sep 15, 2021Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

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9 NYCRR 459.1 - Definitions

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Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

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.

9 NYCRR 459.2 - Types of snowmobile equipment and operations requiring approval

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The following types of snowmobile equipment must be approved:

(a)Mufflers.
(b)Noise emission from the entire snowmobile.

9 NYCRR 459.3 - Procedure for obtaining departmental approval

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(a)The applicant shall submit:
(1)the description and model number of the device to be approved;
(2)a copy of the manufacturer's or laboratory's test report; and
(3)a certificate certifying that the device has been tested in accordance with section 459.4 of this Part and found acceptable.
(b)Approval of snowmobile equipment or standards referred to in section 459.2 of this Part shall be granted by the commissioner on receipt of a certification from the manufacturer or laboratory currently engaged in the examination, testing and evaluation of such equipment or noise control devices, and which maintains or employs adequate staff and facilities to perform such functions. The certification and test report shall state that the equipment has been tested in accordance with the provisions of section 459.4 of this Part. The certification shall be accompanied by a full and complete test report setting forth the general conditions upon which the test was completed and the specifications regarding same. Upon receipt of a copy of the test and the certification, the commissioner, will by letter, notify the applicant that the device has been approved and that they may legally sell the snowmobiles in the State of New York.

9 NYCRR 459.4 - Testing criteria

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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

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.

9 NYCRR 459.5 - Withdrawal of approval

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Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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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.

9 NYCRR 459.6 - Protective helmets

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Later Register activity found — review the notice before relying on the compiled text.
Latest notice
PKR-30-22-00001-P · Proposed rule · Jul 27, 2022
Source snapshot
Jun 6, 2026
(a)Authority and purpose.

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.

(b)The approval of the commissioner shall be deemed to be granted for helmets which meet the standard set forth in subdivision (c) of this section.
(c)Requirements for approval.

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:

(1)Federal Department of Transportation motor vehicle safety standard 218; motorcycle helmets, which can be found at title 49 of the Code of Federal Regulations, section 571.218; or
(2)the standard for Protective Headgear for motorcycles established by the Snell Memorial Foundation and identified as standard M-95 or standard M-2000.

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, Agency Building 1, 13th Floor, Empire State Plaza, Albany, NY 12238.

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