S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7192--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 29, 2021
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Transportation -- reported and referred  to  the  Committee  on
   Codes  --  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.
 SUCH LICENSE ALSO SHALL BE VALID TO OPERATE A THREE-WHEELED MOTOR  VEHI-
 CLE THAT HAS TWO WHEELS SITUATED IN THE FRONT AND ONE WHEEL IN THE REAR,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11043-02-1
              

 A. 7192--A                          2
 
 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.
   (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 TWO WHEELS SITUATED IN THE FRONT AND ONE WHEEL  IN  THE
 REAR, HAS A STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE OPERA-
 TOR  TO  STRADDLE  OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY BELTS FOR ALL
 OCCUPANTS AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE SAFE-
 TY 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 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
 test  requirements for certain classes of applicants. PROVIDED, HOWEVER,
 THAT THE TERM "REPRESENTATIVE VEHICLE" SHALL NOT INCLUDE A THREE-WHEELED
 MOTOR VEHICLE THAT HAS TWO WHEELS SITUATED IN THE FRONT AND ONE WHEEL IN
 THE REAR, 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.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.