S T A T E   O F   N E W   Y O R K
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                                 8656--A

                          I N  A S S E M B L Y

                             January 7, 2016
                               ___________

Introduced by M. of A. WEPRIN -- 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  exempting
  hoverboards and electric unicycles from the definition of "motor vehi-
  cle";  and  to  amend  the executive law, in relation to directing the
  consumer protection division to monitor incidents of  hoverboards  and
  electric unicycles that explode or ignite

  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  two  new
sections 114-e and 119-c to read as follows:
  S  114-E.  ELECTRIC UNICYCLE. EVERY DEVICE, HAVING A SINGLE WHEEL ON A
SINGLE AXLE,  NOT  EXCEEDING  TWENTY-SEVEN  INCHES  IN  HEIGHT  AND  NOT
EQUIPPED  WITH  HANDLEBARS, DESIGNED TO TRANSPORT ONE PERSON BY MEANS OF
AN ELECTRIC PROPULSION SYSTEM AND HAVING A MAXIMUM SPEED, WHEN PROPELLED
SOLELY BY ITS ELECTRIC PROPULSION SYSTEM, NOT IN EXCESS OF TWENTY  MILES
AN  HOUR.  AN  ELECTRIC  UNICYCLE  SHALL NOT BE DEEMED TO BE AN ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICE.
  S 119-C. HOVERBOARD. EVERY SELF-BALANCING DEVICE, HAVING TWO  OR  MORE
WHEELS  ON  A SINGLE AXLE, NOT EXCEEDING TWELVE INCHES IN HEIGHT, EXCLU-
SIVE OF ANY LEG PAD AND/OR BAR, AND  NOT  EQUIPPED  OR  DESIGNED  TO  BE
EQUIPPED  WITH HANDLE BARS, DESIGNED TO TRANSPORT ONE PERSON BY MEANS OF
AN ELECTRIC PROPULSION SYSTEM AND HAVING A MAXIMUM SPEED, WHEN PROPELLED
SOLELY BY ITS ELECTRIC PROPULSION SYSTEM, NOT IN EXCESS OF TWENTY  MILES
AN  HOUR.    A HOVERBOARD SHALL NOT BE DEEMED TO BE AN ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICE.
  S 2. Section 125 of the vehicle and traffic law, as amended by chapter
365 of the laws of 2008, is amended to read as follows:
  S 125. Motor vehicles. Every vehicle operated or driven upon a  public
highway  which  is  propelled  by  any  power other than muscular power,
except (a) electrically-driven mobility assistance devices  operated  or
driven  by a person with a disability, (a-1) electric personal assistive
mobility devices operated outside  a  city  with  a  population  of  one

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

                                                           LBD13288-05-6

A. 8656--A                          2

million  or  more, (b) vehicles which run only upon rails or tracks, (c)
snowmobiles as defined in article forty-seven of this chapter, [and] (d)
all terrain  vehicles  as  defined  in  article  forty-eight-B  of  this
chapter,  (E) HOVERBOARDS, AND (F) ELECTRIC UNICYCLES.  For the purposes
of title four of this chapter, the term motor vehicle shall exclude fire
and police vehicles other than ambulances.  For the purposes  of  titles
four and five of this chapter the term motor vehicles shall exclude farm
type  tractors  and all terrain type vehicles used exclusively for agri-
cultural purposes, or for snow plowing, other than for hire, farm equip-
ment, including self-propelled machines  used  exclusively  in  growing,
harvesting  or  handling farm produce, and self-propelled caterpillar or
crawler-type equipment while being operated on the contract site.
  S 3. The vehicle and traffic law is amended by adding  a  new  article
34-D to read as follows:
                              ARTICLE 34-D
                   ELECTRIC UNICYCLES AND HOVERBOARDS
SECTION 1280. ELECTRIC UNICYCLES AND HOVERBOARDS; LOCAL REGULATION.
        1281. PROTECTIVE GEAR; PERSONS UNDER EIGHTEEN YEARS OF AGE.
        1282. RECKLESS OPERATION PROHIBITED.
  S  1280.  ELECTRIC  UNICYCLES  AND  HOVERBOARDS;  LOCAL REGULATION. 1.
EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION  TWO  OF  THIS  SECTION,  NO
PROVISION OF THIS CHAPTER SHALL BE DEEMED TO PROHIBIT THE GOVERNING BODY
OF  ANY COUNTY, CITY, TOWN OR VILLAGE FROM REGULATING THE USE AND OPERA-
TION OF ELECTRIC UNICYCLES AND/OR HOVERBOARDS, INCLUDING  THE  OPERATION
THEREOF  ON  ANY  PUBLIC HIGHWAY WHERE THERE IS NO ADJOINING SIDEWALK OR
SHOULDER.
  2. NO PROVISION OF THIS CHAPTER SHALL BE DEEMED TO  PROHIBIT  THE  USE
AND OPERATION OF ELECTRIC UNICYCLES AND HOVERBOARDS IN A PUBLIC PARK.
  S  1281.  PROTECTIVE  GEAR; PERSONS UNDER EIGHTEEN YEARS OF AGE. 1. NO
PERSON LESS THAN EIGHTEEN YEARS OF AGE SHALL OPERATE AN ELECTRIC  UNICY-
CLE  OR HOVERBOARD UNLESS SUCH PERSON IS WEARING A HELMET, KNEE PADS AND
WRIST GUARDS MEETING STANDARDS ESTABLISHED BY THE COMMISSIONER.
  2. FOR THE PURPOSES OF THIS SECTION, WEARING A HELMET MEANS  HAVING  A
HELMET  OF  GOOD  FIT  FASTENED  SECURELY  UPON THE HEAD WITH THE HELMET
STRAPS.
  3. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL PAY  A
CIVIL FINE NOT TO EXCEED FIFTY DOLLARS.
  S  1282.  RECKLESS  OPERATION  PROHIBITED.  1.  FOR  PURPOSES  OF THIS
SECTION, "RECKLESS OPERATION" MEANS OPERATING AN  ELECTRIC  UNICYCLE  OR
HOVERBOARD  ON  A PUBLIC STREET, HIGHWAY OR SIDEWALK IN SUCH A MANNER AS
TO ENDANGER THE SAFETY OR PROPERTY OF ANOTHER.
  2. NO PERSON SHALL ENGAGE IN THE RECKLESS  OPERATION  OF  AN  ELECTRIC
UNICYCLE OR HOVERBOARD.
  3. A VIOLATION OF THIS SECTION SHALL BE A TRAFFIC INFRACTION.
  S  4. Section 1800 of the vehicle and traffic law is amended by adding
a new subdivision (e-1) to read as follows:
  (E-1) EVERY PERSON CONVICTED OF  A  VIOLATION  OF  THE  PROVISIONS  OF
SECTION TWELVE HUNDRED EIGHTY-TWO OF THIS CHAPTER SHALL BE PUNISHED BY A
FINE OF NOT LESS THAN FIFTY DOLLARS, NOR MORE THAN ONE HUNDRED DOLLARS.
  S  5.  Section  94-a  of  the executive law is amended by adding a new
subdivision 4-a to read as follows:
  4-A. ELECTRIC UNICYCLES AND HOVERBOARDS. THE DIVISION  SHALL  SOLICIT,
ACCEPT  AND  INVESTIGATE COMPLAINTS AND REPORTS OF ANY ELECTRIC UNICYCLE
OR HOVERBOARD SOLD IN THIS STATE THAT EXPLODES  OR  IGNITES  IN  FLAMES.
AFTER  THE  INVESTIGATION  OF  ANY SUCH COMPLAINT OR REPORT THE DIVISION
SHALL DETERMINE WHETHER AN EXPLOSION OR IGNITION OCCURRED. IF  AN  ELEC-

A. 8656--A                          3

TRIC UNICYCLE OR HOVERBOARD IS DETERMINED TO HAVE EXPLODED OR IGNITED IN
FLAMES,  THE DIVISION SHALL POST THE BRAND, MODEL, MANUFACTURER AND NAME
OF THE RETAIL SELLER THEREOF ON ITS PUBLIC INTERNET WEBSITE.  THE  DIVI-
SION  SHALL  IMPOSE  A  CIVIL PENALTY OF ONE THOUSAND DOLLARS, UPON EACH
MANUFACTURER AND RETAIL SELLER, FOR EACH ELECTRIC UNICYCLE OR HOVERBOARD
SOLD IN THIS STATE WHICH IS FOUND TO HAVE EXPLODED OR IGNITED IN FLAMES;
PROVIDED, HOWEVER, THAT ANY  MANUFACTURER  OR  RETAIL  SELLER  WHICH  IS
DETERMINED  TO  HAVE SOLD THREE OR MORE ELECTRIC UNICYCLES AND/OR HOVER-
BOARDS THAT HAVE EXPLODED OR IGNITED IN FLAMES SHALL BE PROHIBITED  FROM
SELLING ANY ELECTRIC UNICYCLE OR HOVERBOARD IN THIS STATE.
  S  6.  This  act shall take effect on the thirtieth day after it shall
have become a law.