S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9800--A

                          I N  A S S E M B L Y

                            January 28, 2010
                               ___________

Introduced  by M. of A. MARKEY, BENEDETTO, CASTRO, FIELDS -- Multi-Spon-
  sored by -- M.  of A. GOTTFRIED, M. MILLER, MILLMAN -- read  once  and
  referred  to  the Committee on Transportation -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT to amend the vehicle and traffic law, in relation to prohibiting
  the use of motorized scooters

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 124 to read as follows:
  S 124. MOTORIZED SCOOTER. A TWO OR THREE WHEELED LIMITED USE  GASOLINE
POWERED,  ELECTRIC  AND/OR  ALL  TERRAIN  MOTORCYCLE WITH HANDLEBARS AND
PROPELLED BY AN ATTACHED MOTOR WITH AN ENGINE CAPACITY  OF  ONE  HUNDRED
FIFTY  CUBIC CENTIMETERS OR LESS WHOSE MAXIMUM ATTAINABLE SPEED IS FORTY
MILES PER HOUR AND WHERE A PERSON OR PERSONS MAY RIDE  THE  DEVICE.  FOR
PURPOSES OF THIS SECTION, THE TERM "MOTORIZED SCOOTER" SHALL NOT INCLUDE
WHEELCHAIRS OR OTHER MOBILITY AIDS DESIGNED FOR USE BY DISABLED PERSONS,
ELECTRIC POWERED DEVICES NOT CAPABLE OF EXCEEDING FIFTEEN MILES PER HOUR
OR  ELECTRIC  PERSONAL ASSISTIVE MOBILITY DEVICES.  FOR PURPOSES OF THIS
SECTION THE TERM "ELECTRIC PERSONAL ASSISTIVE  MOBILITY  DEVICES"  SHALL
MEAN  A SELF-BALANCING, TWO NON-TANDEM WHEELED DEVICE DESIGNED TO TRANS-
PORT ONE PERSON BY MEANS OF AN ELECTRIC PROPULSION SYSTEM.
  S 2. Section 511-c of the vehicle and traffic law is amended by adding
a new subdivision 15 to read as follows:
  15. THE OPERATION OF A MOTORIZED SCOOTER, AS DEFINED  IN  SECTION  ONE
HUNDRED  TWENTY-FOUR OF THIS CHAPTER, SHALL BE PROHIBITED IN THIS STATE,
PROVIDED, HOWEVER, THAT THE OPERATION OF A  MOTORIZED  SCOOTER  FOR  THE
PURPOSE OF TRAVELING TO OR FROM THE OPERATOR'S PLACE OF EMPLOYMENT SHALL
NOT  BE  PROHIBITED.  ANY  PERSON  WHO  VIOLATES  THE PROVISIONS OF THIS
SECTION SHALL BE LIABLE FOR A CIVIL PENALTY IN THE AMOUNT OF SIX HUNDRED
DOLLARS.  AUTHORIZED EMPLOYEES OF A POLICE DEPARTMENT  AND,  IN  A  CITY
WITH  A  POPULATION  OF ONE MILLION OR MORE, THE DEPARTMENT OF PARKS AND
RECREATION, SHALL HAVE THE AUTHORITY TO ENFORCE THE PROVISIONS  OF  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14926-03-0

A. 9800--A                          2

SECTION. SUCH PENALTY SHALL BE RECOVERED IN A CIVIL ACTION OR, IN A CITY
WITH  A  POPULATION OF ONE MILLION OR MORE, IN A PROCEEDING COMMENCED BY
THE SERVICE OF A NOTICE OF VIOLATION THAT SHALL BE RETURNABLE BEFORE THE
ENVIRONMENTAL  CONTROL  BOARD.  IN  ADDITION,  SUCH VIOLATION SHALL BE A
TRAFFIC INFRACTION AND SHALL BE PUNISHABLE IN  ACCORDANCE  WITH  SECTION
EIGHTEEN HUNDRED OF THIS CHAPTER.
  ANY  MOTORIZED  SCOOTER THAT HAS BEEN OPERATED OR IS BEING OPERATED IN
VIOLATION OF THE PROVISIONS OF THIS SECTION MAY BE IMPOUNDED  AND  SHALL
NOT  BE RELEASED UNTIL THE APPLICABLE FINES HAVE BEEN PAID OR A BOND HAS
BEEN POSTED IN AN AMOUNT SATISFACTORY TO THE ENFORCING  AUTHORITY.  UPON
CONVICTION OF A SECOND VIOLATION OF THIS SECTION AND WHERE THE MOTORIZED
SCOOTER  IS  IMPOUNDED,  ALL  OWNERSHIP  RIGHTS TO SUCH SCOOTER SHALL BE
REVOKED AND SUCH MOTORIZED SCOOTER SHALL BE SOLD AT AUCTION.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.