S T A T E O F N E W Y O R K
________________________________________________________________________
551
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. ROZIC -- read once and referred to the Committee
on Transportation
AN ACT to amend the transportation law, in relation to the development
of regional safety plans for the use of electric scooters; and to
amend the vehicle and traffic law, in relation to adding an electric
scooter safety component to the pre-licensing driver's education
course and restrictions on the use of electric scooters in certain
municipalities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The transportation law is amended by adding a new section
23 to read as follows:
§ 23. REGIONAL SAFETY PLANS; ELECTRIC SCOOTERS. 1. THE COMMISSIONER OF
TRANSPORTATION, IN CONJUNCTION WITH THE COMMISSIONER OF MOTOR VEHICLES
AND MUNICIPAL GOVERNMENTS, SHALL FORMULATE AND FROM TIME TO TIME REVISE
REGIONAL SAFETY PLANS REGARDING THE USE OF ELECTRIC SCOOTERS. SUCH
REGIONAL SAFETY PLANS SHALL INCLUDE, BUT ARE NOT LIMITED TO:
(A) IMPLEMENTATION OF A CURFEW ON THE OPERATION OF ELECTRIC SCOOTERS;
(B) ALLOWANCE OF A TEMPORARY BAN ON THE OPERATION OF ELECTRIC SCOOTERS
IN CERTAIN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, EXTREME WEATHER
OR AN EVENT CAUSING SIGNIFICANT PEDESTRIAN CROWDING;
(C) ESTABLISHMENT OF ELECTRIC SCOOTER FREE ZONES FOR REASONS INCLUD-
ING, BUT NOT LIMITED TO, PEDESTRIAN TRAFFIC, UNSAFE ROAD CONDITIONS OR
OTHER PROHIBITIVE CONDITIONS;
(D) A REQUIREMENT THAT ELECTRIC SCOOTER PROVIDERS AND MUNICIPALITIES
EXPAND ELECTRIC SCOOTER PARKING FACILITIES AT THE COST OF SUCH ELECTRIC
SCOOTER PROVIDERS;
(E) AN AGE REQUIREMENT FOR THE OPERATION OF ELECTRIC SCOOTERS; AND
(F) A REQUIREMENT THAT AN ELECTRIC SCOOTER OPERATOR SHALL WEAR PROTEC-
TIVE HEADGEAR MEETING STANDARDS ESTABLISHED BY THE COMMISSIONER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04379-01-1
A. 551 2
2. THE COMMISSIONER OF TRANSPORTATION, IN CONJUNCTION WITH THE COMMIS-
SIONER OF MOTOR VEHICLES, SHALL SUBMIT ONE YEAR FOLLOWING THE EFFECTIVE
DATE OF THIS SECTION, AND ANNUALLY THEREAFTER, A REPORT ON ELECTRIC
SCOOTER USE AND SAFETY TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND
THE TEMPORARY PRESIDENT OF THE SENATE. SUCH REPORT SHALL INCLUDE, BUT IS
NOT LIMITED TO:
(A) AN ANALYSIS OF ACCIDENTS INVOLVING ELECTRIC SCOOTERS AND MOTOR
VEHICLES, PEDESTRIANS AND CYCLISTS;
(B) AN ANALYSIS OF HOW ABLE ROADWAYS ARE TO ACCOMMODATE THE USE OF
ELECTRIC SCOOTERS;
(C) THE NUMBER OF ACCIDENTS INVOLVING THE OPERATION OF AN ELECTRIC
SCOOTER THAT OCCUR AND THE INJURIES THAT HAVE BEEN SUSTAINED; AND
(D) RECOMMENDATIONS FOR THE IMPROVEMENT OF THE REGIONAL SAFETY PLANS
AND ADDITIONAL LEGISLATIVE MEASURES THAT WOULD IMPROVE ELECTRIC SCOOTER
SAFETY.
3. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "ELECTRIC SCOOTER" SHALL INCLUDE EVERY DEVICE WEIGHING LESS THAN
ONE HUNDRED POUNDS THAT (I) HAS HANDLEBARS AND AN ELECTRIC MOTOR, (II)
IS POWERED BY THE ELECTRIC MOTOR AND/OR HUMAN POWER, AND (III) HAS A
MAXIMUM SPEED OF NO MORE THAN TWENTY MILES PER HOUR ON A PAVED LEVEL
SURFACE WHEN POWERED SOLELY BY THE ELECTRIC MOTOR.
(B) "ELECTRIC SCOOTER PROVIDER" MEANS A PERSON OR ENTITY THAT OFFERS,
MAKES AVAILABLE, OR PROVIDES AN ELECTRIC SCOOTER IN EXCHANGE FOR FINAN-
CIAL COMPENSATION OR MEMBERSHIP VIA A DIGITAL APPLICATION OR OTHER ELEC-
TRONIC OR DIGITAL PLATFORM.
§ 2. Subparagraph (i) of paragraph (a) and paragraphs (b) and (d) of
subdivision 4 of section 502 of the vehicle and traffic law, as amended
by chapter 513 of the laws of 2019, are amended and a new paragraph
(c-5) is added to read as follows:
(i) Upon submission of an application for a driver's license, the
applicant shall be required to take and pass a test, or submit evidence
of passage of a test, with respect to the laws relating to traffic, the
laws relating to driving while ability is impaired and while intoxicat-
ed, under the overpowering influence of "Road Rage", "Work Zone Safety"
awareness and "Motorcycle Safety" awareness as defined by the commis-
sioner, "School Bus Safety" awareness, the law relating to exercising
due care to avoid colliding with a parked, stopped or standing author-
ized emergency vehicle or hazard vehicle pursuant to section eleven
hundred forty-four-a of this chapter, the ability to read and comprehend
traffic signs and symbols and such other matters as the commissioner may
prescribe, and to satisfactorily complete a course prescribed by the
commissioner of not less than four hours and not more than five hours,
consisting of classroom driver training and highway safety instruction
or the equivalent thereof. SUCH TESTS SHALL INCLUDE ONE OR MORE QUES-
TIONS CONCERNING ELECTRIC SCOOTER SAFETY. Such test shall include at
least seven written questions concerning the effects of consumption of
alcohol or drugs on the ability of a person to operate a motor vehicle
and the legal and financial consequences resulting from violations of
section eleven hundred ninety-two of this chapter, prohibiting the oper-
ation of a motor vehicle while under the influence of alcohol or drugs.
Such test shall include one or more written questions concerning the
devastating effects of "Road Rage" on the ability of a person to operate
a motor vehicle and the legal and financial consequences resulting from
assaulting, threatening or interfering with the lawful conduct of anoth-
er person legally using the roadway. Such test shall include one or more
A. 551 3
questions concerning the potential dangers to persons and equipment
resulting from the unsafe operation of a motor vehicle in a work zone.
Such test may include one or more questions concerning motorcycle safe-
ty. Such test may include one or more questions concerning the law for
exercising due care to avoid colliding with a parked, stopped or stand-
ing vehicle pursuant to section eleven hundred forty-four-a of this
chapter. Such test may include one or more questions concerning school
bus safety. Such test shall be administered by the commissioner. The
commissioner shall cause the applicant to take a vision test and a test
for color blindness. Upon passage of the vision test, the application
may be accepted and the application fee shall be payable.
(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 AND AN "ELECTRIC SCOOTER SAFETY" AWARENESS COMPONENT
AS DESCRIBED IN PARAGRAPH (C-5) OF THIS SUBDIVISION the commissioner
shall cause the applicant to take a road test in a representative vehi-
cle 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. 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 appli-
cants 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.
(C-5) "ELECTRIC SCOOTER" COMPONENT. (I) THE COMMISSIONER SHALL PROVIDE
IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVI-
SION, A MANDATORY COMPONENT IN "ELECTRIC SCOOTER SAFETY" EDUCATION AS A
PREREQUISITE FOR OBTAINING A LICENSE TO OPERATE A MOTOR VEHICLE. THE
PURPOSE OF THE COMPONENT IS TO EDUCATE PROSPECTIVE LICENSEES ON THE
POTENTIAL DANGERS TO ELECTRIC SCOOTER OPERATORS CREATED BY MOTOR VEHI-
CLES.
(II) THE COMMISSIONER SHALL ESTABLISH A CURRICULUM FOR THE "ELECTRIC
SCOOTER SAFETY" AWARENESS COMPONENT WHICH SHALL INCLUDE BUT NOT BE
LIMITED TO: SAFELY PASSING AN ELECTRIC SCOOTER OPERATOR ON THE ROAD,
SPECIAL CONSIDERATIONS WHILE DRIVING IN URBAN AREAS, BICYCLE LANES AS
DEFINED IN SECTION ONE HUNDRED TWO-A OF THIS CHAPTER AND OTHER ROADWAY
DESIGNS EMPLOYED IN NEW YORK STATE FOR THE SAFETY OF ELECTRIC SCOOTER
OPERATORS, HOW TO NAVIGATE AN INTERSECTION WITH ELECTRIC SCOOTER OPERA-
TORS, EXITING A VEHICLE WITHOUT ENDANGERING ELECTRIC SCOOTER OPERATORS,
THE REQUIREMENT THAT DRIVERS EXERCISE DUE CARE TO AVOID COLLISION WITH
AN ELECTRIC SCOOTER OPERATOR ON THE ROAD PURSUANT TO SECTION ELEVEN
HUNDRED FORTY-SIX OF THIS CHAPTER.
(III) IN DEVELOPING SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
WITH THE COMMISSIONER OF TRANSPORTATION, THE COMMISSIONER OF TRANSPORTA-
TION OF THE CITY OF NEW YORK AND ELECTRIC SCOOTER ADVOCATES.
(d) The commissioner shall make available for distribution upon regis-
tration at each location where the pre-licensing course will be given,
instructional handbooks outlining the content of the entire curriculum
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of the pre-licensing course including the information required to be
included in the course pursuant to paragraphs (c), (c-1), (c-2), (c-3)
[and], (c-4) AND (C-5) of this subdivision. The commissioner shall also
provide for the additional training of the instructors necessary for the
competent instruction of the alcohol and drug education, "Road Rage"
awareness, "Work Zone Safety" awareness, "Motorcycle Safety" awareness
[and], "School Bus Safety" awareness and "ELECTRIC SCOOTER SAFETY"
AWARENESS subject matters of the pre-licensing course.
§ 3. The vehicle and traffic law is amended by adding a new section
1290 to read as follows:
§ 1290. RESTRICTIONS ON THE OPERATION OF ELECTRIC SCOOTERS IN CERTAIN
MUNICIPALITIES. 1. NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER IN A
MUNICIPALITY THAT HAS NOT IMPLEMENTED A REGIONAL SAFETY PLAN PURSUANT TO
SECTION TWENTY-THREE OF THE TRANSPORTATION LAW.
2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY NO PERSON
SHALL OPERATE AN ELECTRIC SCOOTER IN THE BOROUGH OF MANHATTAN IN THE
CITY OF NEW YORK.
§ 4. This act shall take effect immediately.