S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1798
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, the  highway  law  and  the
   general  municipal  law,  in  relation  to  the regulation of electric
   scooters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "The Innovative
 Transportation Act of 2019".
   §  2.  The  vehicle and traffic law is amended by adding a new section
 102-c to read as follows:
   § 102-C. ELECTRIC SCOOTER. A TWO-WHEELED DEVICE  THAT  HAS  HANDLEBARS
 AND  A  FLOORBOARD  THAT  IS  DESIGNED TO BE STOOD UPON WHILE RIDING, IS
 POWERED BY AN ELECTRIC MOTOR WITH AN OUTPUT OF LESS THAN  SEVEN  HUNDRED
 FIFTY  WATTS,  OR  ONE HORSEPOWER, AND DOES NOT EXCEED FIFTEEN MILES PER
 HOUR.
   § 3. Section 125 of the vehicle and traffic law, as amended by chapter
 365 of the laws of 2008, is amended to read as follows:
   § 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
 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,  AND  (E)  ELECTRIC  SCOOTERS AS DEFINED IN SECTION ONE HUNDRED
 TWO-C OF THIS ARTICLE. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06688-01-9

 A. 1798                             2
 
 type vehicles used exclusively for agricultural purposes,  or  for  snow
 plowing,  other  than for hire, farm equipment, 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.
   § 4. Section 159 of the vehicle and traffic law is amended to read  as
 follows:
   § 159. Vehicle. Every device in, upon, or by which any person or prop-
 erty  is  or  may be transported or drawn upon a highway, except devices
 moved by human power or used exclusively upon stationary rails or tracks
 AND ELECTRIC SCOOTERS AS DEFINED IN SECTION ONE HUNDRED  TWO-C  OF  THIS
 ARTICLE.
   §  5.  Section 1230 of the vehicle and traffic law, subdivision (b) as
 amended by chapter 694 of the laws  of  1995,  is  amended  to  read  as
 follows:
   § 1230. Effect  of  regulations.  (a)  The parent of any child and the
 guardian of any ward shall not authorize or knowingly  permit  any  such
 child or ward to violate any of the provisions of this article.
   (b) These regulations applicable to bicycles, ELECTRIC SCOOTERS, or to
 in-line skates shall apply whenever a bicycle OR ELECTRIC SCOOTER is, or
 in-line  skates  are, operated upon any highway, upon private roads open
 to public motor vehicle traffic and upon any  path  set  aside  for  the
 exclusive  use  of  bicycles,  ELECTRIC  SCOOTERS, or in-line skates, or
 [both] ALL THREE.
   § 6. Section 1231 of the vehicle and traffic law, as amended by  chap-
 ter 694 of the laws of 1995, is amended to read as follows:
   §  1231.  Traffic  laws  apply  to persons riding bicycles OR ELECTRIC
 SCOOTERS or skating or gliding on in-line skates.  Every person riding a
 bicycle OR ELECTRIC SCOOTER or skating or gliding on in-line skates upon
 a roadway shall be granted all of the rights and shall be subject to all
 of the duties applicable to the driver  of  a  vehicle  by  this  title,
 except  as to special regulations in this article and except as to those
 provisions of this title which by their nature can have no application.
   § 7. Section 1232 of the vehicle and traffic law is amended to read as
 follows:
   § 1232. Riding on bicycles  AND  ELECTRIC  SCOOTERS.    (a)  A  person
 propelling  a bicycle shall not ride other than upon or astride a perma-
 nent and regular seat attached thereto, nor shall he ride with his  feet
 removed from the pedals.
   (b) No bicycle OR ELECTRIC SCOOTER shall be used to carry more persons
 at one time than the number for which it is designed and equipped.
   §  8. Subdivision 1 of section 1233 of the vehicle and traffic law, as
 amended by chapter 703 of the laws  of  2004,  is  amended  to  read  as
 follows:
   1.  No  person  riding  upon  any  bicycle, ELECTRIC SCOOTER, coaster,
 in-line skates, roller skates, skate board, sled, or toy  vehicle  shall
 attach the same or himself or herself to any vehicle being operated upon
 a roadway.
   §  9. Section 1234 of the vehicle and traffic law, as amended by chap-
 ter 16 of the laws of 1996, is amended to read as follows:
   § 1234. Riding on roadways, shoulders, bicycle,  ELECTRIC  SCOOTER  or
 in-line  skate  lanes  and  bicycle or in-line skate paths. (a) Upon all
 roadways, any bicycle, ELECTRIC SCOOTER or in-line skate shall be driven
 either on a usable bicycle or in-line skate lane or, if a usable bicycle
 or in-line skate lane has not been provided, near the right-hand curb or
 edge of the roadway or upon a  usable  right-hand  shoulder  in  such  a

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 manner  as to prevent undue interference with the flow of traffic except
 when preparing for a left turn or when  reasonably  necessary  to  avoid
 conditions  that  would make it unsafe to continue along near the right-
 hand  curb  or  edge. Conditions to be taken into consideration include,
 but are not limited to, fixed or  moving  objects,  vehicles,  bicycles,
 ELECTRIC SCOOTERS, in-line skates, pedestrians, animals, surface hazards
 or traffic lanes too narrow for a bicycle, OR ELECTRIC SCOOTER or person
 on in-line skates and a vehicle to travel safely side-by-side within the
 lane.
   (b) Persons riding bicycles OR ELECTRIC SCOOTERS or skating or gliding
 on  in-line  skates upon a roadway shall not ride more than two abreast.
 Persons riding bicycles OR ELECTRIC SCOOTERS or skating  or  gliding  on
 in-line  skates upon a shoulder, bicycle or in-line skate lane, or bicy-
 cle or in-line skates path, intended for the use of bicycles or  in-line
 skates  may  ride  two or more abreast if sufficient space is available,
 except that when passing a vehicle, bicycle, ELECTRIC SCOOTER or  person
 on  in-line  skates,  or  pedestrian,  standing or proceeding along such
 shoulder, lane or path, persons riding bicycles OR ELECTRIC SCOOTERS  or
 skating  or gliding on in-line skates shall ride, skate, or glide single
 file. Persons riding bicycles OR ELECTRIC SCOOTERS or skating or gliding
 on in-line skates upon a roadway shall ride, skate, or glide single file
 when being overtaken by a vehicle.
   (c) Any person operating a bicycle OR ELECTRIC SCOOTER or  skating  or
 gliding  on  in-line  skates  who is entering the roadway from a private
 road, driveway, alley or over a curb shall come to a  full  stop  before
 entering the roadway.
   § 10. Section 1235 of the vehicle and traffic law, as amended by chap-
 ter 703 of the laws of 2004, is amended to read as follows:
   §  1235.  Carrying articles. No person operating a bicycle OR ELECTRIC
 SCOOTER shall carry any package, bundle, or article which  prevents  the
 driver  from  keeping  at least one hand upon the handle bars. No person
 skating or gliding on in-line skates shall carry any package, bundle, or
 article which obstructs his or her vision in any  direction.  No  person
 operating  a  skate  board  shall  carry any package, bundle, or article
 which obstructs his or her vision in any direction.
   § 11. Section 1236 of the vehicle and traffic law, subdivision (a)  as
 amended  by  chapter 16 of the laws of 2009 and subdivisions (d) and (e)
 as added by chapter 887 of the laws of  1976,  is  amended  to  read  as
 follows:
   §  1236.  Lamps and other equipment on bicycles AND ELECTRIC SCOOTERS.
 (a) Every bicycle OR ELECTRIC SCOOTER when in use during the period from
 one-half hour after sunset to one-half  hour  before  sunrise  shall  be
 equipped with a lamp on the front which shall emit a white light visible
 during  hours  of darkness from a distance of at least five hundred feet
 to the front and with a red or amber light visible to the rear for three
 hundred feet. Effective July first,  nineteen  hundred  seventy-six,  at
 least  one  of  these  lights shall be visible for two hundred feet from
 each side.
   (b) No person shall operate a bicycle OR ELECTRIC SCOOTER unless it is
 equipped with a bell or other device capable of giving a signal  audible
 for  a  distance  of at least one hundred feet, except that a bicycle OR
 ELECTRIC SCOOTER shall not be equipped with nor  shall  any  person  use
 upon a bicycle OR ELECTRIC SCOOTER any siren or whistle.
   (c)  Every  bicycle OR ELECTRIC SCOOTER shall be equipped with a brake
 which will enable the operator to make the braked wheels  skid  on  dry,
 level,  clean  pavement,  PROVIDED,  HOWEVER,  SUCH BRAKE OF AN ELECTRIC

 A. 1798                             4
 
 SCOOTER SHALL ALSO OPERATE IN A MANNER SO THAT  THE  ELECTRIC  MOTOR  IS
 DISENGAGED OR CEASES TO FUNCTION WHEN THE BRAKE IS APPLIED.
   (d)  Every  new  bicycle  OR  ELECTRIC  SCOOTER shall be equipped with
 reflective tires or, alternately, a  reflex  reflector  mounted  on  the
 spokes  of each wheel, said tires and reflectors to be of types approved
 by the commissioner.  The reflex reflector mounted on  the  front  wheel
 shall  be  colorless  or  amber, and the reflex reflector mounted on the
 rear wheel shall be colorless or red.
   (e) Every bicycle OR ELECTRIC SCOOTER when in use  during  the  period
 from one-half hour after sunset to one-half hour before sunrise shall be
 equipped  with  reflective  devices  or  material  meeting the standards
 established by rules and regulations promulgated  by  the  commissioner;
 provided, however, that such standards shall not be inconsistent with or
 otherwise  conflict with the requirements of subdivisions (a) and (d) of
 this section.
   § 12. The vehicle and traffic law is amended by adding a  new  section
 1242 to read as follows:
   § 1242. TAMPERING WITH AN ELECTRIC SCOOTER. 1.  NO PERSON SHALL TAMPER
 WITH OR MODIFY AN ELECTRIC SCOOTER TO:
   (A)  INCREASE  THE OUTPUT OF SUCH SCOOTER TO SEVEN HUNDRED FIFTY WATTS
 OR GREATER;
   (B) ENGAGE THE ELECTRIC MOTOR WHEN:
   (I) THE OPERATOR OF SUCH SCOOTER HAS APPLIED THE BRAKES; OR
   (II) SUCH SCOOTER HAS ACHIEVED A SPEED OF FIFTEEN MILES  PER  HOUR  OR
 GREATER.
   2.  A  VIOLATION  OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
 SHALL CONSTITUTE A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF UP TO  ONE
 HUNDRED  FIFTY  DOLLARS  OR A SENTENCE OF IMPRISONMENT FOR UP TO FIFTEEN
 DAYS OR BOTH SUCH FINE AND IMPRISONMENT.
   § 13. Section 316 of the highway law, as amended by chapter 655 of the
 laws of 1978, is amended to read as follows:
   § 316. Entitled to free use of highways. The authorities having charge
 or control of any highway, public street, park,  parkway,  driveway,  or
 place, shall have no power or authority to pass, enforce or maintain any
 ordinance, rule or regulation by which any person using a bicycle, ELEC-
 TRIC  SCOOTER  or tricycle shall be excluded or prohibited from the free
 use of any highway, public street, avenue, roadway,  driveway,  parkway,
 park,  or  place,  at  any time when the same is open to the free use of
 persons having and using other  pleasure  carriages,  except  upon  such
 driveway,  speedway or road as has been or may be expressly set apart by
 law for the exclusive use of horses and  light  carriages.  But  nothing
 herein  shall  prevent  the  passage,  enforcement or maintenance of any
 regulation, ordinance or rule, regulating the use of bicycles,  ELECTRIC
 SCOOTERS  or  tricycles  in  highways, public streets, driveways, parks,
 parkways, and places, or the regulation of the speed of carriages, vehi-
 cles or engines, in public parks and upon parkways and driveways in  the
 city  of  New  York, under the exclusive jurisdiction and control of the
 department of parks and recreation of said city, nor  prevent  any  such
 authorities  in any other city from regulating the speed of any vehicles
 herein described in such manner as to limit  and  determine  the  proper
 rate  of  speed  with  which  such  vehicle may be propelled nor in such
 manner as to require, direct or prohibit the use  of  bells,  lamps  and
 other  appurtenances  nor  to  prohibit the use of any vehicle upon that
 part of the highway, street, park, or parkway,  commonly  known  as  the
 footpath or sidewalk.

 A. 1798                             5
 
   §  14. Section 180 of the general municipal law, as amended by chapter
 668 of the laws of 2004, is amended to read as follows:
   §  180.  Ordinances to regulate use of bicycles AND ELECTRIC SCOOTERS.
 The governing boards of municipal corporations as defined in section two
 of this chapter, may adopt local laws to regulate the  use  of  bicycles
 AND  ELECTRIC  SCOOTERS on the public highways, streets, avenues, walks,
 parks and public places within their limits.  Such local laws  shall  be
 supplemental  and in addition to the provisions of the vehicle and traf-
 fic law relating to vehicles and not  in  conflict  therewith.  Provided
 further  that such local laws shall not impose any charge, tax or other-
 wise not provide for the free use of  bicycles,  ELECTRIC  SCOOTERS  and
 tricycles.
   § 15. This act shall take effect immediately.