NY State Senate Bill 2021-S6335A

Archive: Last Bill Status Via A7192 - Signed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 21, 2021	approval memo.70 signed chap.682
Dec 09, 2021	delivered to governor
Jun 08, 2021	returned to assembly passed senate 3rd reading cal.1560 substituted for s6335a
Jun 08, 2021	substituted by a7192a
Jun 07, 2021	ordered to third reading cal.1560 committee discharged and committed to rules
May 14, 2021	print number 6335a
May 14, 2021	amend and recommit to transportation
Apr 22, 2021	referred to transportation

Votes

- Jun 8, 2021 - Floor Vote
  A7192
  
  60
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2021
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (3)
      
      Felder
      
      May
      
      Skoufis
  Jun 7, 2021 - Rules Committee Vote
  S6335A
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2021
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2021-S6335 - Details

See Assembly Version of this Bill:: A7192
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§501 & 502, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8482
2019-2020: S4580, A5390

2021-S6335 - Summary

Relates to operation of a three-wheeled vehicle.

2021-S6335 - Sponsor Memo

                                
 
BILL NUMBER: S6335

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 4: Contains the effective date.

 
JUSTIFICATION:

New York is one of only two remaining states that still require a motor-
cycle license to operate an autocycle. This bill will provide consistent
vehicle classification and safe operator licensing with 48 other states.
An autocycle is a three-wheeled motorcycle that has two wheels situated
in the front of the vehicle and one in the rear, 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 automobile, since the operator sits in the autocycle, steers
with a steering wheel, and uses pedals (gas, brake and clutch) during
operation of the autocycle.

The American Association of Motor Vehicle Administrators (AAMVA), along
with 48 other states have determined autocycles do not operate as two or
three wheel motorcycles, nor do operators employ similar skills to oper-
ate them. AAMVA has long concluded that attaining a class D license upon
a successful automotive skills test is an appropriate prerequisite of
operator skill prior to operating an autocycle. This bill would elimi-
nate the need for New York operators to have a motorcycle license, as is
currently required, in order to {WD044192.1} 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 automobiles.
This bill would address the newest vehicle on the market, the autocycle.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6335 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6335
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 22, 2021
                                ___________
 
 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, 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11043-01-1

 S. 6335                             2
 
   (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 immediately.

2021-S6335A (ACTIVE) - Details

See Assembly Version of this Bill:: A7192
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§501 & 502, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8482
2019-2020: S4580, A5390

2021-S6335A (ACTIVE) - Summary

Relates to operation of a three-wheeled vehicle.

2021-S6335A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6335A

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 4: Contains the effective date.

 
JUSTIFICATION:

New York is one of only two remaining states that still require a motor-
cycle license to operate an autocycle. This bill will provide consistent
vehicle classification and safe operator licensing with 48 other states.
An autocycle is a three-wheeled motorcycle that has two wheels situated
in the front of the vehicle and one in the rear, 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 automobile, since the operator sits in the autocycle, steers
with a steering wheel, and uses pedals (gas, brake and clutch) during
operation of the autocycle.

The American Association of Motor Vehicle Administrators (AAMVA), along
with 48 other states have determined autocycles do not operate as two or
three wheel motorcycles, nor do operators employ similar skills to oper-
ate them. AAMVA has long concluded that attaining a class D license upon
a successful automotive skills test is an appropriate prerequisite of
operator skill prior to operating an autocycle. This bill would elimi-
nate the need for New York operators to have a motorcycle license, as is
currently required, in order to test drive or otherwise operate an auto-
cycle. 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 automobiles. This bill would
address the newest vehicle on the market, the autocycle.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect in 120 days.

2021-S6335A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6335--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 22, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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.
                                                            LBD11043-03-1

 S. 6335--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.

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Senate Bill S6335A

Sponsored By

Archive: Last Bill Status Via A7192 - Signed by Governor

Jun 8, 2021 - Floor Vote

Floor Vote: Jun 8, 2021

Jun 7, 2021 - Rules Committee Vote

Rules Committee Vote: Jun 7, 2021

Bill Amendments

2021-S6335 - Details

2021-S6335 - Summary

2021-S6335 - Sponsor Memo

2021-S6335 - Bill Text download pdf

2021-S6335A (ACTIVE) - Details

2021-S6335A (ACTIVE) - Summary

2021-S6335A (ACTIVE) - Sponsor Memo

2021-S6335A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6335A

Share this bill

Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status Via A7192 - Signed by Governor

Bill Amendments

2021-S6335 - Details

2021-S6335 - Summary

2021-S6335 - Sponsor Memo

2021-S6335 - Bill Text download pdf

2021-S6335A (ACTIVE) - Details

2021-S6335A (ACTIVE) - Summary

2021-S6335A (ACTIVE) - Sponsor Memo

2021-S6335A (ACTIVE) - Bill Text download pdf

Comments