NY State Senate Bill 2019-S4580

Archive: Last Bill Status Via A5390 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 27, 2020	tabled vetoed memo.59
Nov 18, 2020	delivered to governor
Jul 23, 2020	returned to assembly passed senate 3rd reading cal.882 substituted for s4580c
Jul 23, 2020	substituted by a5390b
Jul 22, 2020	ordered to third reading cal.882
Jul 20, 2020	reported and committed to rules
Jul 13, 2020	print number 4580c
Jul 13, 2020	amend (t) and recommit to transportation
Jan 08, 2020	referred to transportation returned to senate died in assembly
Jun 18, 2019	referred to transportation delivered to assembly passed senate
Jun 14, 2019	amended on third reading 4580b
Jun 12, 2019	amended on third reading (t) 4580a
Jun 04, 2019	advanced to third reading
Jun 03, 2019	2nd report cal.
May 30, 2019	1st report cal.1076
Mar 15, 2019	referred to transportation

Votes

- Jul 23, 2020 - Floor Vote
  A5390
  
  59
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 23, 2020
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (1)
      
      Skoufis
  Jun 18, 2019 - Floor Vote
  S4580
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2019
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (1)
      
      Skoufis
  Jul 20, 2020 - Transportation Committee Vote
  S4580
  
  13
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Jul 20, 2020
      
      aye (13)
      
      Benjamin
      
      Borrello
      
      Carlucci
      
      Gallivan
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Robach
      
      Sepúlveda
      
      aye wr (2)
      
      O'Mara
      
      Skoufis
  May 30, 2019 - Transportation Committee Vote
  S4580
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 30, 2019
      
      aye (15)
      
      Benjamin
      
      Carlucci
      
      Gallivan
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      O'Mara
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Robach
      
      Sepúlveda
      
      Skoufis
  Jul 22, 2020 - Rules Committee Vote
  S4580
  
  18
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 22, 2020
      
      aye (18)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Little
      
      Liu
      
      Martinez
      
      Ortt
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      nay (1)
      
      Lanza

Bill Amendments

Original

C (Active)

2019-S4580 - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 48-D §§2500 - 2507, amd §501, V & T L; amd §5102, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S6335

2019-S4580 - Summary

Relates to operation of a three-wheeled vehicle.

2019-S4580 - Sponsor Memo

                                
 
BILL NUMBER: S4580

SPONSOR: KENNEDY
 
TITLE OF BILL:  An act to amend the vehicle and traffic law and the
insurance law, in relation to the registration and operation of autocy-
cles; and providing for the repeal of such provisions upon expiration
thereof

 
PURPOSE:

The purpose of this bill is to amend the vehicle and traffic law to
update requirements related to the registration, operation and insurance
of autocycles, three-wheeled motor vehicles that are widely available in
New York State.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the Vehicle and Traffic Law by adding a new article
48-D, entitled Registration of Autocycles.

Section 2: Would require the operator of an autocycle to have a Class D

driver's license and that a Class M endorsement, which is necessary to
operate a motorcycle, shall not be required to operate an autocycle.

Section 3: Make clarification in the insurance law relating to autocycle
classification.

Section 4: Effective date.

 
JUSTIFICATION:

Autocycles are a recent development in the motor vehicle market. An
autocycle is a three-wheeled motorcycle that has two wheels in the front
of the vehicle and one in the back, a steering wheel and a bucket seat
that allows the operator to sit within the vehicle and not to straddle
or sit astride during operation. Under federal and New York state laws,
autocycles are classified as motorcycles because they have less than
four wheels and have other equipment and safety features consistent with
motorcycles. However, operation of an autocycle is like that of an auto-
mobile, since the operator sits in the autocycle, steers with a steering
wheel, and uses pedals (gas, brake and clutch) during operation of the
autocycle. It is for these reasons that 30 states regulate autocycles as
motorcycles for registration purposes while allowing operators with an
automobile driver's license to operate the vehicle.

This bill would make New York's law consistent with the majority of
other states and would eliminate the need for New York operators to have
a motorcycle license, as is currently required, in order to test drive
or otherwise operate an autocycle. The bill would also mandate the type
of equipment required, including a helmet with goggles or a faceshield,
unless the Commissioner of Motor Vehicles determines such other equip-
ment is appropriate. The bill would further provide broad regulatory
authority over the sale, registration, insurance, and all other elements
necessary to safely and lawfully operate autocycles in New York and
would ensure the Commissioner of Motor Vehicles has the authority to
regulate such vehicles. The bill also would make a technical correction
to the insurance law to ensure that autocycles are consistently treated
under the insurance law.  New York law has been amended over the years
to reflect the availability of new types of motor vehicles - from all-
terrain vehicles to limited use automobiles. This bill would further
that regulatory approach to the newest vehicle on the market, the auto-
cycle.  In doing so, state law would ensure the equipment; operation and
safety of autocycles are to the highest standards and are in accordance
with the regulatory authority vested in the Commissioner.

 
LEGISLATIVE HISTORY:

2018: A.8482A Referred to Transportation/S.7857 Passed Senate

 
FISCAL IMPLICATIONS:

This legislation will have no fiscal implications for the State or local
governments.

 
EFFECTIVE DATE:
The act shall take effect 180 days after having become a law and shall
expire and be deemed repealed five years after such date.

2019-S4580 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4580
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed 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

 S. 4580                             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

 S. 4580                             3
 
 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

 S. 4580                             4
 
 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.

2019-S4580A - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 48-D §§2500 - 2507, amd §501, V & T L; amd §5102, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S6335

2019-S4580A - Summary

Relates to operation of a three-wheeled vehicle.

2019-S4580A - Sponsor Memo

                                
 
BILL NUMBER: S4580A

SPONSOR: KENNEDY
 
TITLE OF BILL:  An act to amend the vehicle and traffic law and the
insurance law, in relation to the operation of a three-wheeled vehicle

 
PURPOSE:

The purpose of this bill is to amend the vehicle and traffic law to
update requirements related to the registration, operation and insurance
of autocycles, three-wheeled motor vehicles that are widely available in
New York State.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 501 of the Vehicle and Traffic Law to clarify
which licenses may be used for a certain three-wheeled motor vehicle.

Section 2: Amends Section 502 of the Vehicle and Traffic Law. Section 3:
Amends Section 1229-c of the Vehicle and Traffic Law

Section 4: Make clarification in the insurance law relating to autocycle
classification.

Section 5: Effective date.

 
JUSTIFICATION:

Autocycles are a recent development in the motor vehicle market. An
autocycle is a three-wheeled motorcycle that has two wheels in the front
of the vehicle and one in the back, a steering wheel and a bucket seat
that allows the operator to sit within the vehicle and not to straddle
or sit astride during operation. Under federal and New York state laws,
autocycles are classified as motorcycles because they have less than
four wheels and have other equipment and safety features consistent with
motorcycles. However, operation of an autocycle is like that of an auto-
mobile, since the operator sits in the autocycle, steers with a steering
wheel, and uses pedals (gas, brake and clutch) during operation of the
autocycle. It is for these reasons that 30 states regulate autocycles as
motorcycles for registration purposes while allowing operators with an
automobile driver's license to operate the vehicle.

This bill would make New York's law consistent with the majority of
other states and would eliminate the need for New York operators to have
a motorcycle license, as is currently required, in order to test drive
or otherwise operate an autocycle. The bill would also mandate the type
of equipment required, including a helmet with goggles or a face shield,
unless the Commissioner of Motor Vehicles determines such other equip-
ment is appropriate. The bill would further provide broad regulatory
authority over the sale, registration, insurance, and all other elements
necessary to safely and lawfully operate autocycles in New York and
would ensure the Commissioner of Motor Vehicles has the authority to
regulate such vehicles. The bill also would make a technical correction
to the insurance law to ensure that autocycles are consistently treated
under the insurance law. New York law has been amended over the years to
reflect the availability of new types of motor vehicles - from all-ter-
rain vehicles to limited use automobiles. This bill would further that
regulatory approach to the newest vehicle on the market, the autocycle.
In doing so, state law would ensure the equipment; operation and safety
of autocycles are to the highest standards and are in accordance with
the regulatory authority vested in the Commissioner.

 
LEGISLATIVE HISTORY:

2018: A.8482A Referred to Transportation/S.7857 Passed Senate

 
FISCAL IMPLICATIONS:

This legislation will have no fiscal implications for the State or local
governments.

 
EFFECTIVE DATE:
The act shall take effect 180 days after having become a law and shall
expire and be deemed repealed five years after such date.

2019-S4580A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4580--A
     Cal. No. 1076
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading

 AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
   relation to the operation of a three-wheeled vehicle
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs (iv) and (vii) 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,  subparagraph  (vii)  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 or any truck with a GVWR of not more than twen-
 ty-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 twenty-six  thousand
 pounds,  or  any personal use vehicle with a GVWR of not more than twen-
 ty-six thousand pounds or any such vehicle towing a vehicle 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 vehicle defined as a
 bus  in  subdivision  one  of section five hundred nine-a of this title.
 SUCH LICENSE ALSO SHALL BE VALID TO OPERATE A THREE-WHEELED MOTOR  VEHI-
 CLE  THAT  HAS  A  STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE
 OPERATOR TO STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY  BELTS  FOR
 ALL  OCCUPANTS  AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05151-08-9

 S. 4580--A                          2
 
 SAFETY STANDARDS FOR MOTORCYCLES  INCLUDING,  BUT  NOT  LIMITED  TO,  49
 C.F.R. PART 571.
   (vii)  Class M. Such license shall be valid to operate any motorcycle,
 or any motorcycle, other than a limited use motorcycle, towing a  trail-
 er.  SUCH  LICENSE  ALSO SHALL BE VALID TO OPERATE A THREE-WHEELED MOTOR
 VEHICLE THAT HAS A STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE
 OPERATOR TO STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY  BELTS  FOR
 ALL  OCCUPANTS  AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE
 SAFETY STANDARDS FOR MOTORCYCLES  INCLUDING,  BUT  NOT  LIMITED  TO,  49
 C.F.R. PART 571.
   §  2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and
 traffic law, as amended by chapter 355 of the laws of 2017,  is  amended
 to read as follows:
   (b)  Upon successful completion of the requirements set forth in para-
 graph (a) of this subdivision which shall include an  alcohol  and  drug
 education component as described in paragraph (c) of this subdivision, a
 "Road  Rage" awareness component as described in paragraph (c-1) of this
 subdivision and a "Work Zone Safety" awareness component as described in
 paragraph (c-2) of this subdivision, and a "Motorcycle Safety" awareness
 component as described  in  paragraph  (c-3)  of  this  subdivision  the
 commissioner  shall  cause the applicant to take a road test in a repre-
 sentative vehicle of a type prescribed by the commissioner  which  shall
 be  appropriate  to  the  type of license for which application is made,
 except that the commissioner may waive the road  test  requirements  for
 certain  classes of applicants. PROVIDED, HOWEVER, THAT THE TERM "REPRE-
 SENTATIVE VEHICLE" SHALL NOT INCLUDE A THREE-WHEELED MOTOR VEHICLE  THAT
 HAS  A STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE OPERATOR TO
 STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY BELTS FOR ALL OCCUPANTS
 AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE  SAFETY  STAND-
 ARDS  FOR MOTORCYCLES INCLUDING, BUT NOT LIMITED TO, 49 C.F.R. PART 571.
 The commissioner shall have the power to establish a  program  to  allow
 persons  other than employees of the department to conduct road tests in
 representative vehicles when such tests are required for  applicants  to
 obtain  a  class A, B or C license. If HE OR she chooses to do so, HE OR
 she shall set forth HIS OR her reasons in writing and conduct  a  public
 hearing  on  the  matter.  [She]  HE  OR SHE shall only establish such a
 program after holding the public hearing.
   § 3. Paragraph (a) of subdivision 4 of section 1229-c of  the  vehicle
 and  traffic  law,  as  amended  by  chapter 448 of the laws of 2015, is
 amended to read as follows:
   (a) "motor  vehicle"  shall  include  all  motor  vehicles  which  are
 required  by section three hundred eighty-three of this chapter or regu-
 lation or would be required if such motor vehicle were registered in New
 York state to be equipped by a safety belt [but], PROVIDED HOWEVER, THAT
 FOR PURPOSES OF THIS SECTION,  "MOTOR  VEHICLE"  SHALL  ALSO  INCLUDE  A
 THREE-WHEELED  MOTOR VEHICLE THAT HAS A STEERING WHEEL AND SEATING WHICH
 DOES NOT REQUIRE THE OPERATOR TO STRADDLE OR SIT  ASTRIDE,  IS  EQUIPPED
 WITH  SAFETY  BELTS FOR ALL OCCUPANTS AND IS MANUFACTURED TO COMPLY WITH
 FEDERAL MOTOR VEHICLE SAFETY STANDARDS FOR MOTORCYCLES,  INCLUDING,  BUT
 NOT LIMITED TO, 49 C.F.R. PART 571. FOR PURPOSES OF THIS SECTION, "MOTOR
 VEHICLE"  shall  not  include  those  vehicles  which are used as school
 buses, as such term is defined in section one hundred forty-two of  this
 chapter  and  those vehicles which are authorized emergency vehicles, as
 such term is defined  in  section  one  hundred  one  of  this  chapter,
 provided,  however,  that  for purposes of this section, "motor vehicle"
 shall also include fire vehicles owned and/or operated by a fire company

 S. 4580--A                          3
 
 as defined by subdivision two of section  one  hundred  of  the  general
 municipal  law and ambulances owned and/or operated by a voluntary ambu-
 lance service as defined by subdivision three of section one hundred  of
 the general municipal law;
   § 4. 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, AS WELL AS A THREE-WHEELED MOTOR  VEHICLE  THAT  HAS  A
 STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE OPERATOR TO STRAD-
 DLE  OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY BELTS FOR ALL OCCUPANTS, IS
 MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE SAFETY  STANDARDS  FOR
 MOTORCYCLES  INCLUDING,  BUT  NOT LIMITED TO 49 CFR PART 571, AND CAN BE
 OPERATED WITH A CLASS D DRIVER'S LICENSE.   It  shall  not  include  any
 motor vehicle not required to carry financial security pursuant to arti-
 cle  six,  eight  or  forty-eight-A  of the vehicle and traffic law or a
 motorcycle, as defined in subsection (m) hereof.
   § 5. This act shall take effect immediately, provided,  however,  that
 section  four of this act shall take effect one year after it shall have
 become a law.

2019-S4580B - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 48-D §§2500 - 2507, amd §501, V & T L; amd §5102, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S6335

2019-S4580B - Summary

Relates to operation of a three-wheeled vehicle.

2019-S4580B - Sponsor Memo

                                
 
BILL NUMBER: S4580B

SPONSOR: KENNEDY
 
TITLE OF BILL:  An act to amend the vehicle and traffic law and the
insurance law, in relation to the operation of a three-wheeled vehicle

 
PURPOSE::

The purpose of this bill is to amend the vehicle and traffic law to
update requirements related to the registration, operation and insurance
of autocycles, three-wheeled motor vehicles that are widely available in
New York State.

 
SUMMARY OF PROVISIONS::

  Section 1: Amends Section 501 of the Vehicle and Traffic Law to clari-
fy which licenses may be used for a certain three-wheeled motor vehicle.

  Section 2: Amends Section 502 of the Vehicle and Traffic Law.

  Section 3: Amends Section 1229-c of the Vehicle and Traffic Law

  Section 4: Amends subsection (f) of section 5102 of the insurance law,
and makes clarification in the insurance law relating to the classifica-
tion of an autocycle

  Section 5: Effective date.

 
JUSTIFICATION::

Autocycles  are  a  recent  development  in the motor vehicle market. An
autocycle is a three-wheeled motorcycle that has two wheels in the front
of the vehicle and one in the back, a steering wheel and a  bucket  seat
that  allows  the operator to sit within the vehicle and not to straddle
or sit astride during operation. Under federal and New York state  laws,
autocycles  are  classified  as  motorcycles because they have less than
four wheels and have other equipment and safety features consistent with
motorcycles. However, operation of an autocycle is like that of an auto-
mobile, since the operator sits in the autocycle, steers with a steering
wheel, and uses pedals (gas, brake and clutch) during operation  of  the
autocycle. It is for these reasons that 30 states regulate autocycles as
motorcycles  for  registration purposes while allowing operators with an
automobile driver's license to operate the vehicle.

This bill would make New York's law  consistent  with  the  majority  of
other states and would eliminate the need for New York operators to have
a  motorcycle  license, as is currently required, in order to test drive
or otherwise operate an autocycle. The bill would also mandate the  type
of equipment required, including a helmet with goggles or a face shield,
unless  the  Commissioner of Motor Vehicles determines such other equip-
ment is appropriate. The bill would  further  provide  broad  regulatory
authority over the sale, registration, insurance, and all other elements
necessary  to  safely  and  lawfully  operate autocycles in New York and
would ensure the Commissioner of Motor Vehicles  has  the  authority  to
regulate  such vehicles. The bill also would make a technical correction
to the insurance law to ensure that autocycles are consistently  treated
under the insurance law. New York law has been amended over the years to
reflect  the availability of new types of motor vehicles - from all-ter-
rain vehicles to limited use automobiles. This bill would  further  that
regulatory  approach  to the newest vehicle on the market, the autocyde.
In doing so, state law would ensure the equipment; operation and  safety
of  autocycles  are  to the highest standards and are in accordance with
the regulatory authority vested in the Commissioner.

 
LEGISLATIVE HISTORY::

2018: A.8482A Referred to Transportation/S.7857 Passed Senate

 
FISCAL IMPLICATIONS::

This legislation will have no fiscal implications for the State or local
governments.

 
EFFECTIVE DATE::

The  act  shall take effect 180 days after having become a law and shall
expire and be deemed repealed five years after such date.

2019-S4580B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4580--B
     Cal. No. 1076
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading -- again amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN  ACT  to  amend the vehicle and traffic law and the insurance law, in
   relation to the operation of a three-wheeled vehicle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraphs (iv) and (vii) 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, subparagraph (vii) 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 or any truck with a GVWR of not more  than  twen-
 ty-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 twenty-six thousand
 pounds, or any personal use vehicle with a GVWR of not more  than  twen-
 ty-six  thousand pounds or any such vehicle towing a vehicle 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 vehicle defined as a
 bus in subdivision one of section five hundred  nine-a  of  this  title.
 SUCH  LICENSE ALSO SHALL BE VALID TO OPERATE A THREE-WHEELED MOTOR VEHI-
 CLE THAT HAS A STEERING WHEEL AND SEATING WHICH  DOES  NOT  REQUIRE  THE
 OPERATOR  TO  STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY BELTS FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05151-10-9

 S. 4580--B                          2
 
 ALL OCCUPANTS AND IS MANUFACTURED TO COMPLY WITH FEDERAL  MOTOR  VEHICLE
 SAFETY  STANDARDS  FOR  MOTORCYCLES  INCLUDING,  BUT  NOT LIMITED TO, 49
 C.F.R. PART 571.
   (vii)  Class M. Such license shall be valid to operate any motorcycle,
 or any motorcycle, other than a limited use motorcycle, towing a  trail-
 er.  SUCH  LICENSE  ALSO SHALL BE VALID TO OPERATE A THREE-WHEELED MOTOR
 VEHICLE THAT HAS A STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE
 OPERATOR TO STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY  BELTS  FOR
 ALL  OCCUPANTS  AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE
 SAFETY STANDARDS FOR MOTORCYCLES  INCLUDING,  BUT  NOT  LIMITED  TO,  49
 C.F.R. PART 571.
   §  2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and
 traffic law, as amended by chapter 355 of the laws of 2017,  is  amended
 to read as follows:
   (b)  Upon successful completion of the requirements set forth in para-
 graph (a) of this subdivision which shall include an  alcohol  and  drug
 education component as described in paragraph (c) of this subdivision, a
 "Road  Rage" awareness component as described in paragraph (c-1) of this
 subdivision and a "Work Zone Safety" awareness component as described in
 paragraph (c-2) of this subdivision, and a "Motorcycle Safety" awareness
 component as described  in  paragraph  (c-3)  of  this  subdivision  the
 commissioner  shall  cause the applicant to take a road test in a repre-
 sentative vehicle of a type prescribed by the commissioner  which  shall
 be  appropriate  to  the  type of license for which application is made,
 except that the commissioner may waive the road  test  requirements  for
 certain  classes of applicants. PROVIDED, HOWEVER, THAT THE TERM "REPRE-
 SENTATIVE VEHICLE" SHALL NOT INCLUDE A THREE-WHEELED MOTOR VEHICLE  THAT
 HAS  A STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE OPERATOR TO
 STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY BELTS FOR ALL OCCUPANTS
 AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE  SAFETY  STAND-
 ARDS  FOR MOTORCYCLES INCLUDING, BUT NOT LIMITED TO, 49 C.F.R. PART 571.
 The commissioner shall have the power to establish a  program  to  allow
 persons  other than employees of the department to conduct road tests in
 representative vehicles when such tests are required for  applicants  to
 obtain  a  class A, B or C license. If HE OR she chooses to do so, HE OR
 she shall set forth HIS OR her reasons in writing and conduct  a  public
 hearing  on  the  matter.  [She]  HE  OR SHE shall only establish such a
 program after holding the public hearing.
   § 3. Paragraph (a) of subdivision 4 of section 1229-c of  the  vehicle
 and  traffic  law,  as  amended  by  chapter 448 of the laws of 2015, is
 amended to read as follows:
   (a) "motor  vehicle"  shall  include  all  motor  vehicles  which  are
 required  by section three hundred eighty-three of this chapter or regu-
 lation or would be required if such motor vehicle were registered in New
 York state to be equipped by a safety belt [but], PROVIDED HOWEVER, THAT
 FOR PURPOSES OF THIS SECTION,  "MOTOR  VEHICLE"  SHALL  ALSO  INCLUDE  A
 THREE-WHEELED  MOTOR VEHICLE THAT HAS A STEERING WHEEL AND SEATING WHICH
 DOES NOT REQUIRE THE OPERATOR TO STRADDLE OR SIT  ASTRIDE,  IS  EQUIPPED
 WITH  SAFETY  BELTS FOR ALL OCCUPANTS AND IS MANUFACTURED TO COMPLY WITH
 FEDERAL MOTOR VEHICLE SAFETY STANDARDS FOR MOTORCYCLES,  INCLUDING,  BUT
 NOT LIMITED TO, 49 C.F.R. PART 571. FOR PURPOSES OF THIS SECTION, "MOTOR
 VEHICLE"  shall  not  include  those  vehicles  which are used as school
 buses, as such term is defined in section one hundred forty-two of  this
 chapter  and  those vehicles which are authorized emergency vehicles, as
 such term is defined  in  section  one  hundred  one  of  this  chapter,
 provided,  however,  that  for purposes of this section, "motor vehicle"

 S. 4580--B                          3
 
 shall also include fire vehicles owned and/or operated by a fire company
 as defined by subdivision two of section  one  hundred  of  the  general
 municipal  law and ambulances owned and/or operated by a voluntary ambu-
 lance  service as defined by subdivision three of section one hundred of
 the general municipal law;
   § 4. 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,  AS  WELL  AS A THREE-WHEELED MOTOR VEHICLE THAT HAS A
 STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE OPERATOR TO STRAD-
 DLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY BELTS FOR ALL OCCUPANTS,  IS
 MANUFACTURED  TO  COMPLY WITH FEDERAL MOTOR VEHICLE SAFETY STANDARDS FOR
 MOTORCYCLES INCLUDING, BUT NOT LIMITED TO 49 CFR PART 571,  IS  EQUIPPED
 WITH  A  WINDSHIELD  AND  HAS  A FULL TOP AND SIDE ENCLOSURES CAPABLE OF
 SUPPORTING THE VEHICLE'S WEIGHT AND PROTECTING THE  OCCUPANTS  WHEN  THE
 VEHICLE IS RESTING ON THE ENCLOSURES, AND CAN BE OPERATED WITH A CLASS D
 DRIVER'S  LICENSE.   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.
   § 5. This act shall take effect immediately, provided,  however,  that
 section  four of this act shall take effect one year after it shall have
 become a law.

co-Sponsors

2019-S4580C (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 48-D §§2500 - 2507, amd §501, V & T L; amd §5102, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S6335

2019-S4580C (ACTIVE) - Summary

Relates to operation of a three-wheeled vehicle.

2019-S4580C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4580C

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the opera-
tion of a three-wheeled vehicle

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to amend the vehicle and traffic law to
update requirements related to the operation of autocycles, three-
wheeled motor vehicles that are widely available in New York State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The bill authorizes the operation of autocycles with either a
class D driver's license or class M motorcyclist's license.  Autocycles
are described as a three-wheeled motor vehicle having a steering wheel
and seating that does not require the operator to straddle or sit
astride, is equipped with seat safety belts for all occupants, and is

manufactured to comply with federal motor vehicle safety standards for
motorcycles.

Section 2: The bill prohibits the use of autocycles in road tests.

Section 3: The bill prohibits the use of autocycles in road tests, and
takes effect after May eighteenth, 2020

Section 4: Section 2 or Section 3 will take effect immediately; depend-
ing on the date that chapter 513 of the laws of 2019 takes effect.

 
JUSTIFICATION:

Autocycles are a recent development in the motor vehicle market. An
autocycle is a three-wheeled motorcycle that has two wheels in the front
of the vehicle and one in the back, a steering wheel, and a bucket seat
that allows the operator to sit within the vehicle and not to straddle
or sit astride during operation. Under federal and New York state laws,
autocycles are classified as motorcycles because they have less than
four wheels and have other equipment and safety features consistent with
motorcycles. However, operation of an autocycle is like that of an auto-
mobile, since the operator sits in the autocycle, steers with a steering
wheel, and uses pedals (gas, brake and clutch) during operation of the
autocycle.

This bill would eliminate the need for New York operators to have a
motorcycle license, as is currently required, in order to test drive or
otherwise operate an autocycle. Although a person would not be allowed
to take a road test in an autocycle, they could operate one with either
a class D driver's license or class M motorcyclist's license. New York
law has been amended over the years to reflect the availability of new
types of motor vehicles - from all-terrain vehicles to limited use auto-
mobiles. This bill would address the newest vehicle on the market, the
autocycle.

 
PRIOR LEGISLATIVE HISTORY:

2018: A.8482A Referred to Transportation/S.7857 Passed Senate
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4580C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4580--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading -- again amended  and  ordered
   reprinted, retaining its place in the order of third reading -- recom-
   mitted  to  the  Committee on Transportation in accordance with Senate
   Rule  6,  sec.  8  --  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 the opera-
   tion of a three-wheeled vehicle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraphs (iv) and (vii) 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, subparagraph (vii) 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 or any truck with a GVWR of not more  than  twen-
 ty-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 twenty-six thousand
 pounds, or any personal use vehicle with a GVWR of not more  than  twen-
 ty-six  thousand pounds or any such vehicle towing a vehicle 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 vehicle defined as a
 bus in subdivision one of section five hundred  nine-a  of  this  title.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05151-14-0

 S. 4580--C                          2
 
 SUCH  LICENSE ALSO SHALL BE VALID TO OPERATE A THREE-WHEELED MOTOR VEHI-
 CLE THAT HAS A STEERING WHEEL AND SEATING WHICH  DOES  NOT  REQUIRE  THE
 OPERATOR  TO  STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY BELTS FOR
 ALL  OCCUPANTS  AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE
 SAFETY STANDARDS FOR MOTORCYCLES  INCLUDING,  BUT  NOT  LIMITED  TO,  49
 C.F.R. PART 571.
   (vii)  Class M. Such license shall be valid to operate any motorcycle,
 or any motorcycle, other than a limited use motorcycle, towing a  trail-
 er.  SUCH  LICENSE  ALSO SHALL BE VALID TO OPERATE A THREE-WHEELED MOTOR
 VEHICLE THAT HAS A STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE
 OPERATOR TO STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY  BELTS  FOR
 ALL  OCCUPANTS  AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE
 SAFETY STANDARDS FOR MOTORCYCLES  INCLUDING,  BUT  NOT  LIMITED  TO,  49
 C.F.R. PART 571.
   §  2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and
 traffic law, as amended by chapter 355 of the laws of 2017,  is  amended
 to read as follows:
   (b)  Upon successful completion of the requirements set forth in para-
 graph (a) of this subdivision which shall include an  alcohol  and  drug
 education component as described in paragraph (c) of this subdivision, a
 "Road  Rage" awareness component as described in paragraph (c-1) of this
 subdivision and a "Work Zone Safety" awareness component as described in
 paragraph (c-2) of this subdivision, and a "Motorcycle Safety" awareness
 component as described  in  paragraph  (c-3)  of  this  subdivision  the
 commissioner  shall  cause the applicant to take a road test in a repre-
 sentative vehicle of a type prescribed by the commissioner  which  shall
 be  appropriate  to  the  type of license for which application is made,
 except that the commissioner may waive the road  test  requirements  for
 certain  classes of applicants. PROVIDED, HOWEVER, THAT THE TERM "REPRE-
 SENTATIVE VEHICLE" SHALL NOT INCLUDE A THREE-WHEELED MOTOR VEHICLE  THAT
 HAS  A STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE OPERATOR TO
 STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY BELTS FOR ALL OCCUPANTS
 AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE  SAFETY  STAND-
 ARDS  FOR MOTORCYCLES INCLUDING, BUT NOT LIMITED TO, 49 C.F.R. PART 571.
 The commissioner shall have the power to establish a  program  to  allow
 persons  other than employees of the department to conduct road tests in
 representative vehicles when such tests are required for  applicants  to
 obtain a class A, B or C license. If she chooses to do so, she shall set
 forth her reasons in writing and conduct a public hearing on the matter.
 She  shall  only establish such a program after holding the public hear-
 ing.
   § 3. Paragraph (b) of subdivision 4 of section 502 of the vehicle  and
 traffic  law,  as amended by chapter 513 of the laws of 2019, is amended
 to read as follows:
   (b) Upon successful completion of the requirements set forth in  para-
 graph  (a)  of  this subdivision which shall include an alcohol and drug
 education component as described in paragraph (c) of this subdivision, a
 "Road Rage" awareness component as described in paragraph (c-1) of  this
 subdivision and a "Work Zone Safety" awareness component as described in
 paragraph  (c-2)  of  this  subdivision, a "Motorcycle Safety" awareness
 component as described in paragraph (c-3) of  this  subdivision,  and  a
 "School  Bus Safety" awareness component as described in paragraph (c-4)
 of this subdivision the commissioner shall cause the applicant to take a
 road test in a representative  vehicle  of  a  type  prescribed  by  the
 commissioner which shall be appropriate to the type of license for which
 application  is  made,  except  that the commissioner may waive the road

 S. 4580--C                          3
 
 test requirements for certain classes of applicants. PROVIDED,  HOWEVER,
 THAT THE TERM "REPRESENTATIVE VEHICLE" SHALL NOT INCLUDE A THREE-WHEELED
 MOTOR  VEHICLE  THAT  HAS  A  STEERING  WHEEL AND SEATING WHICH DOES NOT
 REQUIRE THE OPERATOR TO STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY
 BELTS FOR ALL OCCUPANTS AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR
 VEHICLE  SAFETY STANDARDS FOR MOTORCYCLES INCLUDING, BUT NOT LIMITED TO,
 49 C.F.R. PART 571. The commissioner shall have the power to establish a
 program to allow persons other  than  employees  of  the  department  to
 conduct  road  tests  in  representative  vehicles  when  such tests are
 required for applicants to obtain a class A, B  or  C  license.  If  she
 chooses to do so, she shall set forth her reasons in writing and conduct
 a public hearing on the matter.  She shall only establish such a program
 after holding the public hearing.
   §  4.  This act shall take effect immediately; provided, however, that
 if chapter 513 of the laws of 2019 shall not have  taken  effect  on  or
 before such date then section three of this act shall take effect on the
 same  date  and  in the same manner as such chapter of the laws of 2019,
 takes effect.

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Senate Bill S4580

Sponsored By

Archive: Last Bill Status Via A5390 - Vetoed by Governor

Jul 23, 2020 - Floor Vote

Floor Vote: Jul 23, 2020

Jun 18, 2019 - Floor Vote

Floor Vote: Jun 18, 2019

Jul 20, 2020 - Transportation Committee Vote

Transportation Committee Vote: Jul 20, 2020

May 30, 2019 - Transportation Committee Vote

Transportation Committee Vote: May 30, 2019

Jul 22, 2020 - Rules Committee Vote

Rules Committee Vote: Jul 22, 2020

Bill Amendments

2019-S4580 - Details

2019-S4580 - Summary

2019-S4580 - Sponsor Memo

2019-S4580 - Bill Text download pdf

2019-S4580A - Details

2019-S4580A - Summary

2019-S4580A - Sponsor Memo

2019-S4580A - Bill Text download pdf

2019-S4580B - Details

2019-S4580B - Summary

2019-S4580B - Sponsor Memo

2019-S4580B - Bill Text download pdf

co-Sponsors

2019-S4580C (ACTIVE) - Details

2019-S4580C (ACTIVE) - Summary

2019-S4580C (ACTIVE) - Sponsor Memo

2019-S4580C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4580

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status Via A5390 - Vetoed by Governor

Bill Amendments

2019-S4580 - Details

2019-S4580 - Summary

2019-S4580 - Sponsor Memo

2019-S4580 - Bill Text download pdf

2019-S4580A - Details

2019-S4580A - Summary

2019-S4580A - Sponsor Memo

2019-S4580A - Bill Text download pdf

2019-S4580B - Details

2019-S4580B - Summary

2019-S4580B - Sponsor Memo

2019-S4580B - Bill Text download pdf

co-Sponsors

David Carlucci

2019-S4580C (ACTIVE) - Details

2019-S4580C (ACTIVE) - Summary

2019-S4580C (ACTIVE) - Sponsor Memo

2019-S4580C (ACTIVE) - Bill Text download pdf

Comments