S T A T E O F N E W Y O R K
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5390
2019-2020 Regular Sessions
I N A S S E M B L Y
February 11, 2019
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Introduced by M. of A. LUPARDO, JONES -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law and the insurance law, in
relation to the registration and operation of autocycles; and provid-
ing for the repeal of such provisions upon expiration thereof
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
article 48-D to read as follows:
ARTICLE 48-D
REGISTRATION OF AUTOCYCLES
SECTION 2500. DEFINITIONS.
2501. REGISTRATION.
2502. REVOCATION AND SUSPENSION.
2503. DISPLAY OF REGISTRATION NUMBER PLATE OR PLATES.
2504. EQUIPMENT, INSPECTION AND INSURANCE.
2505. DEALERS AND MANUFACTURERS.
2506. EXEMPTIONS.
2507. RULES AND REGULATIONS.
§ 2500. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AUTOCYCLE" MEANS A
THREE-WHEELED MOTOR VEHICLE THAT HAS A STEERING WHEEL AND SEATING WHICH
DOES NOT REQUIRE THE OPERATOR TO STRADDLE OR SIT ASTRIDE AND IS MANUFAC-
TURED TO COMPLY WITH FEDERAL SAFETY REQUIREMENTS FOR MOTORCYCLES.
2. "DEALER" MEANS ANY PERSON ENGAGED IN THE BUSINESS OF SELLING AUTO-
CYCLES AT WHOLESALE OR RETAIL.
§ 2501. REGISTRATION. 1. NOTWITHSTANDING SECTION FOUR HUNDRED TEN-A OF
THIS CHAPTER AND EXCEPT AS HEREINAFTER PROVIDED, NO PERSON SHALL OPERATE
ANY AUTOCYCLE ON A PUBLIC HIGHWAY OR STREET WITHIN THIS STATE UNLESS
SUCH AUTOCYCLE HAS BEEN REGISTERED IN ACCORDANCE WITH ARTICLE FIFTEEN OF
THIS CHAPTER, THE REGISTRATION FOR SUCH AUTOCYCLE IS IN FULL FORCE AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05151-02-9
A. 5390 2
EFFECT AND THE REGISTRATION NUMBER PLATE OR PLATES ARE DISPLAYED AS
HEREINAFTER PROVIDED.
2. THE FEES FOR THE REGISTRATION, RENEWAL, REREGISTRATION OR AMENDMENT
OR DUPLICATE OF A REGISTRATION OF AN AUTOCYCLE SHALL BE THE SAME FEES AS
IF SUCH VEHICLE WERE REGISTERED PURSUANT TO SECTION FOUR HUNDRED TEN OF
THIS CHAPTER.
3. EVERY PERSON OPERATING AN AUTOCYCLE REGISTERED IN ACCORDANCE WITH
ANY OF THE PROVISIONS OF THIS ARTICLE, SHALL, UPON THE DEMAND OF ANY
MAGISTRATE, POLICE OFFICER, PEACE OFFICER, WHEN ACTING PURSUANT TO HIS
OR HER SPECIAL DUTIES, OR MOTOR VEHICLE HEARING OFFICER, PRODUCE FOR
INSPECTION THE CERTIFICATE OF REGISTRATION FOR SUCH AUTOCYCLE AND SHALL
FURNISH TO SUCH PERSON ANY INFORMATION NECESSARY FOR THE IDENTIFICATION
OF SUCH AUTOCYCLE AND ITS OWNER. THE FAILURE TO PRODUCE THE CERTIFICATE
OF REGISTRATION AS PROVIDED HEREIN SHALL NOT BE AN OFFENSE, BUT SHALL BE
PRESUMPTIVE EVIDENCE OF THE OPERATION OF AN AUTOCYCLE NOT REGISTERED AS
REQUIRED BY THIS ARTICLE.
4. THE REGISTRATION PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO A
NON-RESIDENT WHO HAS REGISTERED HIS OR HER AUTOCYCLE IN COMPLIANCE WITH
THE REGISTRATION OR LICENSING LAWS OF THE STATE, PROVINCE OR COUNTRY OF
HIS OR HER RESIDENCE, PROVIDED THAT THE AUTOCYCLE IS APPROPRIATELY IDEN-
TIFIED BY AN IDENTIFICATION PLATE, STICKER OR OTHER IDENTIFYING DEVICE
ISSUED BY SUCH STATE, PROVINCE OR COUNTRY.
§ 2502. REVOCATION AND SUSPENSION. THE REGISTRATION OF AN AUTOCYCLE
MAY BE REVOKED OR SUSPENDED IN THE SAME MANNER AND TO THE SAME EFFECT AS
THAT OF A MOTORCYCLE REGISTERED PURSUANT TO ARTICLE FIFTEEN OF THIS
CHAPTER.
§ 2503. DISPLAY OF REGISTRATION NUMBER PLATE OR PLATES. 1. THE REGIS-
TRATION NUMBER PLATE OR PLATES ASSIGNED TO AN AUTOCYCLE SHALL BE
DISPLAYED ON THE AUTOCYCLE AT ALL TIMES SUCH VEHICLE IS OPERATED ON THE
PUBLIC HIGHWAYS IN SUCH MANNER AS THE COMMISSIONER MAY, BY REGULATION,
PRESCRIBE. ONE OR TWO REGISTRATION NUMBER PLATES, AS DETERMINED BY THE
COMMISSIONER, SHALL BE ISSUED BY THE COMMISSIONER FOR AN AUTOCYCLE. NO
NUMBER OTHER THAN THE REGISTRATION NUMBER PLATE ASSIGNED TO AN AUTOCYCLE
BY THE COMMISSIONER, OR THE IDENTIFICATION NUMBER OF THE REGISTRATION
ISSUED BY ANOTHER STATE SHALL BE PAINTED, ATTACHED OR OTHERWISE
DISPLAYED ON AN AUTOCYCLE WHEN SUCH AUTOCYCLE IS BEING OPERATED ON A
PUBLIC HIGHWAY. NOTHING HEREIN SHALL PROHIBIT THE DISPLAY OF A VEHICLE
IDENTIFICATION NUMBER PLATE OR NUMBER AFFIXED BY THE MANUFACTURER OR HIS
OR HER AGENT IN ACCORDANCE WITH SECTION FOUR HUNDRED FIFTEEN OF THIS
CHAPTER.
2. DEALER DEMONSTRATOR NUMBER PLATES SHALL CONFORM TO THE REQUIREMENTS
SET FORTH IN SUBDIVISION ONE OF THIS SECTION WITH THE EXCEPTION THAT
SUCH NUMBER PLATES MAY BE TEMPORARILY BUT FIRMLY AFFIXED TO THE AUTOCY-
CLE BEING DEMONSTRATED OR TESTED.
3. THE USE OF DEALER DEMONSTRATOR NUMBER PLATES SHALL BE SUBJECT TO
THE PROVISIONS OF SECTIONS FOUR HUNDRED FIFTEEN AND FOUR HUNDRED SIXTEEN
OF THIS CHAPTER.
4. NO DEALER SHALL PERMIT A DEALER DEMONSTRATOR NUMBER PLATE TO BE
USED ON ANY AUTOCYCLE UNLESS SUCH AUTOCYCLE WOULD QUALIFY FOR THE ISSU-
ANCE OF SUCH A NUMBER PLATE WHEN REGISTERED.
§ 2504. EQUIPMENT, INSPECTION AND INSURANCE. 1. AN AUTOCYCLE SHALL BE
MANUFACTURED TO COMPLY WITH FEDERAL SAFETY REQUIREMENTS FOR A MOTORCYCLE
AND, AS OTHERWISE PROVIDED PURSUANT TO THIS SECTION, SHALL BE SUBJECT TO
THE EQUIPMENT REQUIREMENTS OF THIS CHAPTER THAT ARE APPLICABLE TO A
MOTORCYCLE. THE EQUIPMENT AND OPERATOR OF AN AUTOCYCLE SHALL BE SUBJECT
TO THE REQUIREMENTS OF SUBDIVISIONS SIX, SEVEN, NINE, NINE-A AND TEN OF
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SECTION THREE HUNDRED EIGHTY-ONE OF THIS CHAPTER; PROVIDED HOWEVER, THAT
THE COMMISSIONER MAY, BY REGULATION, PROVIDE FOR DIFFERENT EQUIPMENT
REQUIREMENTS FOR DIFFERENT TYPES OF AUTOCYCLES. NO PERSON SHALL OPERATE
AN AUTOCYCLE ON THE PUBLIC HIGHWAYS OF THIS STATE IN VIOLATION OF THE
PROVISIONS OF THIS SECTION OR REGULATIONS PROMULGATED BY THE COMMISSION-
ER THEREUNDER.
2. AUTOCYCLES SHALL BE SUBJECT TO THE INSPECTION REQUIREMENTS OF ARTI-
CLE FIVE OF THIS CHAPTER. THE COMMISSIONER MAY, BY REGULATION, PROVIDE
FOR DIFFERENT INSPECTION PROCEDURES FOR DIFFERENT TYPES OF AUTOCYCLES.
3. THE INSURANCE PROVISIONS OF ARTICLES SIX, SEVEN AND EIGHT OF THIS
CHAPTER SHALL BE APPLICABLE TO AUTOCYCLES.
§ 2505. DEALERS AND MANUFACTURERS. 1. NO PERSON SHALL ENGAGE IN THE
BUSINESS OF SELLING AUTOCYCLES UNLESS THERE SHALL HAVE BEEN ISSUED TO
THE PERSON A DEALER REGISTRATION IN ACCORDANCE WITH SECTION FOUR HUNDRED
FIFTEEN OF THIS CHAPTER. THE COMMISSIONER MAY, BY REGULATION, PROVIDE
FOR IDENTIFICATION OF DEALERS AS DEALERS OF AUTOCYCLES, AND THE COMMIS-
SIONER SHALL MAKE PROVISIONS FOR THE ISSUANCE OF APPROPRIATE DEALER
DEMONSTRATOR NUMBER PLATES TO SUCH DEALERS.
2. NO DEALER SHALL ACQUIRE ANY AUTOCYCLES FOR THE PURPOSE OF RESALE
FOR USE ON THE PUBLIC HIGHWAYS WITHIN THIS STATE UNLESS SUCH AUTOCYCLES
HAVE A VEHICLE IDENTIFICATION NUMBER IN A FORM AND MANNER ACCEPTABLE TO
THE COMMISSIONER PERMANENTLY AFFIXED TO THE FRAME BY THE MANUFACTURER OR
AUTHORIZED AGENT OF THE MANUFACTURER.
3. THE COMMISSIONER MAY PRESCRIBE, BY REGULATION, PROCEDURES TO BE
FOLLOWED BY DEALERS WITH RESPECT TO RECORD KEEPING AND DOCUMENTS
REQUIRED UPON THE SALE OF AN AUTOCYCLE, AND PROCEDURES TO BE FOLLOWED BY
MANUFACTURERS WITH RESPECT TO THE ASSIGNMENT AND AFFIXING OF VEHICLE
IDENTIFICATION NUMBERS.
§ 2506. EXEMPTIONS. 1. FIRE AND POLICE VEHICLES ARE EXEMPT FROM THE
PROVISIONS OF THIS ARTICLE, EXCEPT THAT THE OPERATOR OF SUCH A VEHICLE
SHALL BE REQUIRED TO BE LICENSED AS PROVIDED IN ARTICLE NINETEEN OF THIS
CHAPTER.
2. ANY AUTOCYCLE REGISTERED PURSUANT TO THIS ARTICLE THAT WOULD BE
EXEMPT FROM THE PAYMENT OF REGISTRATION FEES IF SUCH VEHICLE WERE REGIS-
TERED PURSUANT TO TITLE FOUR OF THIS CHAPTER, SHALL BE EXEMPT FROM THE
PAYMENT OF REGISTRATION FEES UNDER THIS ARTICLE.
§ 2507. RULES AND REGULATIONS. THE COMMISSIONER IS HEREBY EMPOWERED TO
MAKE SUCH RULES AND REGULATIONS AS HE OR SHE MAY DEEM NECESSARY TO CARRY
OUT THE PROVISIONS OF THIS ARTICLE.
§ 2. Subparagraphs (iv), (vii) and (viii) of paragraph (a) of subdivi-
sion 2 of section 501 of the vehicle and traffic law, subparagraph (iv)
as amended by chapter 339 of the laws of 2005 and subparagraphs (vii)
and (viii) as added by chapter 173 of the laws of 1990, are amended to
read as follows:
(iv) Class D. Such license shall be valid to operate any passenger or
limited use automobile, AUTOCYCLE, or any truck with a GVWR of not more
than twenty-six thousand pounds or any such vehicle towing a vehicle
with a GVWR of not more than ten thousand pounds, or any such vehicle
towing another vehicle with a GVWR of more than ten thousand pounds
provided such combination of vehicles has a GCWR of not more than twen-
ty-six thousand pounds, or any personal use vehicle with a GVWR of not
more than twenty-six thousand pounds or any such vehicle towing a vehi-
cle with a GVWR of not more than ten thousand pounds, except it shall
not be valid to operate a tractor, a motorcycle other than a class B or
C limited use motorcycle, a vehicle used to transport passengers for
hire or for which a hazardous materials endorsement is required, or a
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vehicle defined as a bus in subdivision one of section five hundred
nine-a of this title.
(vii) Class M. Such license shall be valid to operate any motorcycle,
or any motorcycle, other than a limited use motorcycle, towing a
trailer, OR AN AUTOCYCLE.
(viii) Class MJ. Such license shall be valid to operate any motorcycle
or limited use motorcycle, BUT NOT AN AUTOCYCLE, by a person under eigh-
teen years of age. Such license shall automatically become a class M
license when the holder becomes eighteen years of age.
§ 3. Subsection (f) of section 5102 of the insurance law is amended to
read as follows:
(f) "Motor vehicle" means a motor vehicle as defined in section three
hundred eleven of the vehicle and traffic law and also includes fire and
police vehicles. It shall not include any motor vehicle not required to
carry financial security pursuant to article six, eight or forty-eight-A
of the vehicle and traffic law or a motorcycle, as defined in subsection
(m) [hereof] OF THIS SECTION OR AN AUTOCYCLE, AS DEFINED IN SECTION
TWENTY-FIVE HUNDRED OF THE VEHICLE AND TRAFFIC LAW.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed 5
years after such date.