NY State Assembly Bill 2023-A7982B

Current Bill Status - In Assembly Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2024	print number 7982b
Jun 03, 2024	amend (t) and recommit to transportation
Jan 03, 2024	referred to transportation
Dec 08, 2023	print number 7982a
Dec 08, 2023	amend and recommit to transportation
Aug 18, 2023	referred to transportation

Bill Amendments

Original

B (Active)

co-Sponsors

2023-A7982 - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 34-E §§1290 & 1291, amd §2265, V & T L; amd §5103, Ins L

2023-A7982 - Summary

Requires license plates and liability insurance for limited use motorcycles.

2023-A7982 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7982
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 18, 2023
                                ___________
 
 Introduced  by  M.  of A. DE LOS SANTOS -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   license  plates  and  liability  insurance  for  electric scooters and
   limited use motorcycles in cities having a population of  one  million
   or  more;  and  to  amend  the insurance law, in relation to requiring
   liability insurance for electric scooters and limited use  motorcycles
   in cities having a population of one million or more
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article  34-D  of  the  vehicle  and
 traffic law, as added by section 10 of part XX of chapter 58 of the laws
 of 2020, is amended to read as follows:
              REGISTRATION AND OPERATION OF ELECTRIC SCOOTERS
                        AND LIMITED USE MOTORCYCLES
   § 2. The vehicle and traffic law is amended by adding two new sections
 1290 and 1291 to read as follows:
   § 1290. REGISTRATION OF ELECTRIC SCOOTERS AND LIMITED USE MOTORCYCLES.
 1.  IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, EVERY ELECTRIC
 SCOOTER AS DEFINED IN SECTION ONE HUNDRED FOURTEEN-E OF THIS CHAPTER AND
 EVERY LIMITED USE MOTORCYCLE AS DEFINED IN SECTION ONE  HUNDRED  TWENTY-
 ONE-B  OF THIS CHAPTER SHALL BE REGISTERED AND ISSUED A LICENSE PLATE BY
 THE DEPARTMENT. IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, NO
 PERSON SHALL OPERATE AN ELECTRIC SCOOTER OR LIMITED  USE  MOTORCYCLE  ON
 THE PUBLIC HIGHWAYS UNLESS SUCH ELECTRIC SCOOTER OR LIMITED USE MOTORCY-
 CLE  SHALL  HAVE A DISTINCTIVE NUMBER ASSIGNED TO IT BY THE COMMISSIONER
 AND A NUMBER PLATE ISSUED BY THE COMMISSIONER WITH A NUMBER  CORRESPOND-
 ING TO THAT OF THE CERTIFICATE OF REGISTRATION.
   2.  SUCH  LICENSE  PLATES  SHALL BE OF SUCH MATERIAL, FORM, DESIGN AND
 DIMENSIONS AND CONTAIN OR SET FORTH SUCH DISTINGUISHING NUMBER OR  OTHER
 IDENTIFICATION  MARKS  AS  THE  COMMISSIONER  SHALL PRESCRIBE, PROVIDED,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11968-01-3

 A. 7982                             2
 
 HOWEVER, THAT THERE SHALL BE AT ALL TIMES A MARKED CONTRAST BETWEEN  THE
 COLOR  OF THE NUMBER PLATES AND THAT OF THE NUMERALS OR LETTERS THEREON,
 AND PROVIDED FURTHER THAT NO ELECTRIC SCOOTER OR LIMITED USE  MOTORCYCLE
 SHALL  DISPLAY  THE  NUMBER PLATES OF MORE THAN ONE STATE AT A TIME, NOR
 SHALL ANY PLATE BE USED OTHER THAN THOSE ISSUED BY THE COMMISSIONER.
   3. EACH SUCH LICENSE PLATE SHALL BE  CONSPICUOUSLY  DISPLAYED  ON  THE
 REAR  OF  THE  ELECTRIC  SCOOTER  OR  LIMITED  USE  MOTORCYCLE, SECURELY
 FASTENED SO AS TO PREVENT THE SAME FROM SWINGING.
   4. THE FEE FOR SUCH LICENSE PLATES SHALL BE A NOMINAL  FEE  DETERMINED
 BY THE COMMISSIONER.
   §  1291.  LIABILITY INSURANCE. 1. IN A CITY HAVING A POPULATION OF ONE
 MILLION OR MORE, EVERY  ELECTRIC  SCOOTER  AS  DEFINED  IN  SECTION  ONE
 HUNDRED  FOURTEEN-E  OF THIS CHAPTER AND EVERY LIMITED USE MOTORCYCLE AS
 DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B  OF  THIS  CHAPTER  THAT  IS
 OPERATED ON PUBLIC ROADS OR ON PROPERTY OTHER THAN ON LANDS OF THE OWNER
 OF THE SCOOTER OR LIMITED USE MOTORCYCLE SHALL BE COVERED BY A POLICY OF
 INSURANCE,  IN  SUCH LANGUAGE AND FORM AS SHALL BE DETERMINED AND ESTAB-
 LISHED BY THE SUPERINTENDENT OF FINANCIAL SERVICES, ISSUED BY AN  INSUR-
 ANCE  CARRIER AUTHORIZED TO DO BUSINESS IN THIS STATE. SUCH POLICY SHALL
 PROVIDE FOR COVERAGES REQUIRED OF AN "OWNER'S POLICY OF LIABILITY INSUR-
 ANCE" AS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION THREE
 HUNDRED ELEVEN OF THIS CHAPTER. IN LIEU OF SUCH  INSURANCE  COVERAGE  AS
 HEREINABOVE  PROVIDED,  THE  COMMISSIONER,  IN HIS OR HER DISCRETION AND
 UPON APPLICATION OF A GOVERNMENTAL AGENCY HAVING REGISTERED IN ITS  NAME
 ONE  OR MORE ELECTRIC SCOOTERS OR LIMITED USE MOTORCYCLES, MAY WAIVE THE
 REQUIREMENT OF INSURANCE BY A PRIVATE  INSURANCE  CARRIER  AND  ISSUE  A
 CERTIFICATE  OF  SELF-INSURANCE,  WHEN  HE OR SHE IS SATISFIED THAT SUCH
 GOVERNMENTAL AGENCY IS POSSESSED OF  FINANCIAL  ABILITY  TO  RESPOND  TO
 JUDGMENTS  OBTAINED  AGAINST  IT,  ARISING  OUT OF THE OWNERSHIP, USE OR
 OPERATION OF SUCH ELECTRIC SCOOTERS  OR  LIMITED  USE  MOTORCYCLES.  THE
 COMMISSIONER  MAY  ALSO  WAIVE THE REQUIREMENT OF INSURANCE BY A PRIVATE
 INSURANCE CARRIER AND ISSUE A CERTIFICATE OF SELF-INSURANCE UPON  APPLI-
 CATION  OF ANY PERSON OR ANY OTHER CORPORATION, HAVING REGISTERED IN ITS
 NAME, ONE OR MORE ELECTRIC  SCOOTERS  OR  LIMITED  USE  MOTORCYCLES  AND
 FURNISHING OF PROOF THAT A CERTIFICATE OF SELF-INSURANCE HAS BEEN ISSUED
 AND  IS  IN  EFFECT  PURSUANT TO THE PROVISIONS OF SECTION THREE HUNDRED
 SIXTEEN OF THIS CHAPTER.
   2. PROOF OF INSURANCE AS REQUIRED BY THIS SECTION  SHALL  BE  PRODUCED
 AND  DISPLAYED  BY  THE  OWNER  OR  OPERATOR OF SUCH ELECTRIC SCOOTER OR
 LIMITED USE MOTORCYCLE UPON THE REQUEST OF ANY MAGISTRATE OR ANY  PERSON
 HAVING  AUTHORITY TO ENFORCE THE PROVISIONS OF THIS CHAPTER. THE FAILURE
 TO PRODUCE SUCH PROOF UPON THE REQUEST OF ANY SUCH PERSON SHALL  NOT  BE
 AN  OFFENSE BUT SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH ELECTRIC SCOOTER
 OR LIMITED USE MOTORCYCLE IS BEING OPERATED WITHOUT HAVING  SUCH  INSUR-
 ANCE IN FORCE AND EFFECT.
   3.  PROOF  OF  INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
 AND DISPLAYED BY THE OWNER OR  OPERATOR  OF  SUCH  ELECTRIC  SCOOTER  OR
 LIMITED  USE MOTORCYCLE TO ANY PERSON WHO HAS SUFFERED OR CLAIMS TO HAVE
 SUFFERED EITHER PERSONAL INJURY OR PROPERTY DAMAGE AS A  RESULT  OF  THE
 OPERATION  OF  SUCH  ELECTRIC  SCOOTER  OR LIMITED USE MOTORCYCLE BY THE
 OWNER OR OPERATOR, IF SUCH INSURANCE COVERAGE  WAS  REQUIRED  UNDER  THE
 CIRCUMSTANCES  OF  SUCH OPERATION. IT SHALL BE AN AFFIRMATIVE DEFENSE TO
 ANY PROSECUTION FOR A VIOLATION OF THIS SUBDIVISION THAT SUCH PROOF  WAS
 SO PRODUCED OR DISPLAYED WITHIN TWENTY-FOUR HOURS OF RECEIVING NOTICE OF
 SUCH INJURY OR DAMAGE, OR THE CLAIM OF SUCH INJURY OR DAMAGE.
 A. 7982                             3
 
   4.  NO  OWNER  OF  AN ELECTRIC SCOOTER OR LIMITED USE MOTORCYCLE SHALL
 OPERATE OR PERMIT THE SAME TO BE OPERATED ANYWHERE IN THIS  STATE  OTHER
 THAN ON LANDS OF THE OWNER OF THE ELECTRIC SCOOTER OR LIMITED USE MOTOR-
 CYCLE  WITHOUT  HAVING  IN FULL FORCE AND EFFECT THE LIABILITY INSURANCE
 COVERAGE  REQUIRED BY THIS SECTION, AND NO PERSON SHALL OPERATE AN ELEC-
 TRIC SCOOTER OR LIMITED USE MOTORCYCLE ANYWHERE IN THIS STATE OTHER THAN
 ON LANDS OF THE OWNER OF THE ELECTRIC SCOOTER OR LIMITED USE  MOTORCYCLE
 WITH THE KNOWLEDGE THAT SUCH INSURANCE IS NOT IN FULL FORCE AND EFFECT.
   §  3.  Subsection (f) of section 5103 of the insurance law, as amended
 by chapter 402 of the laws of 1986, is amended to read as follows:
   (f)  Every  owner's  policy  of  liability  insurance  issued   on   a
 motorcycle, ELECTRIC SCOOTER OR LIMITED USE MOTORCYCLE or an all terrain
 vehicle  in  satisfaction of the requirements of article six or eight of
 the vehicle and traffic law, SECTION TWELVE HUNDRED NINETY-ONE  OF  SUCH
 LAW, or section twenty-four hundred seven of such law shall also provide
 for;  every  owner who maintains another form of financial security on a
 motorcycle, ELECTRIC SCOOTER OR LIMITED USE MOTORCYCLE or an all terrain
 vehicle  in  satisfaction  of  the  requirements  of  such  articles  or
 [section] SECTIONS shall be liable for; and every owner of a motorcycle,
 ELECTRIC  SCOOTER  OR  LIMITED  USE MOTORCYCLE or an all terrain vehicle
 required to be subject to the provisions of this article by  subdivision
 two of section three hundred twenty-one of such law shall be liable for;
 the payment of first party benefits to persons, other than the occupants
 of  such  motorcycle,  ELECTRIC SCOOTER OR LIMITED USE MOTORCYCLE or all
 terrain vehicle, another motorcycle, ELECTRIC  SCOOTER  OR  LIMITED  USE
 MOTORCYCLE  or all terrain vehicle, or any motor vehicle, for loss aris-
 ing out of the use or operation of the motorcycle, ELECTRIC  SCOOTER  OR
 LIMITED  USE  MOTORCYCLE or all terrain vehicle within this state. Every
 insurer and self-insurer may exclude from the coverage required by  this
 subsection  a  person  who  intentionally  causes  his  own injury or is
 injured while committing an act which would constitute a felony or while
 seeking to avoid lawful apprehension or  arrest  by  a  law  enforcement
 officer.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

co-Sponsors

2023-A7982A - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 34-E §§1290 & 1291, amd §2265, V & T L; amd §5103, Ins L

2023-A7982A - Summary

Requires license plates and liability insurance for limited use motorcycles.

2023-A7982A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7982--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 18, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DE LOS SANTOS,  SEAWRIGHT  --  read once and
   referred to the Committee on Transportation --  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  requiring
   license  plates  and  liability  insurance  for  electric scooters and
   limited use motorcycles in cities having a population of  one  million
   or  more;  and  to  amend  the insurance law, in relation to requiring
   liability insurance for electric scooters and limited use  motorcycles
   in cities having a population of one million or more
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  This act shall be known and may be cited as  the  "scooter
 and  moped  authorization  and responsible transportation (SMART) on the
 streets act".
   § 2. The article heading of article 34-D of the  vehicle  and  traffic
 law,  as  added  by  section  10 of part XX of chapter 58 of the laws of
 2020, is amended to read as follows:
              REGISTRATION AND OPERATION OF ELECTRIC SCOOTERS
                        AND LIMITED USE MOTORCYCLES
   § 3. The vehicle and traffic law is amended by adding two new sections
 1290 and 1291 to read as follows:
   § 1290. REGISTRATION OF ELECTRIC SCOOTERS AND LIMITED USE MOTORCYCLES.
 1. IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, EVERY  ELECTRIC
 SCOOTER AS DEFINED IN SECTION ONE HUNDRED FOURTEEN-E OF THIS CHAPTER AND
 EVERY  LIMITED  USE MOTORCYCLE AS DEFINED IN SECTION ONE HUNDRED TWENTY-
 ONE-B OF THIS CHAPTER SHALL BE REGISTERED AND ISSUED A LICENSE PLATE  BY
 THE DEPARTMENT. IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, NO
 PERSON  SHALL  OPERATE  AN ELECTRIC SCOOTER OR LIMITED USE MOTORCYCLE ON
 THE PUBLIC HIGHWAYS UNLESS SUCH ELECTRIC SCOOTER OR LIMITED USE MOTORCY-
 CLE SHALL HAVE A DISTINCTIVE NUMBER ASSIGNED TO IT BY  THE  COMMISSIONER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11968-02-3

 A. 7982--A                          2
 
 AND  A NUMBER PLATE ISSUED BY THE COMMISSIONER WITH A NUMBER CORRESPOND-
 ING TO THAT OF THE CERTIFICATE OF REGISTRATION.
   2.  SUCH  LICENSE  PLATES  SHALL BE OF SUCH MATERIAL, FORM, DESIGN AND
 DIMENSIONS AND CONTAIN OR SET FORTH SUCH DISTINGUISHING NUMBER OR  OTHER
 IDENTIFICATION  MARKS  AS  THE  COMMISSIONER  SHALL PRESCRIBE, PROVIDED,
 HOWEVER, THAT THERE SHALL BE AT ALL TIMES A MARKED CONTRAST BETWEEN  THE
 COLOR  OF THE NUMBER PLATES AND THAT OF THE NUMERALS OR LETTERS THEREON,
 AND PROVIDED FURTHER THAT NO ELECTRIC SCOOTER OR LIMITED USE  MOTORCYCLE
 SHALL  DISPLAY  THE  NUMBER PLATES OF MORE THAN ONE STATE AT A TIME, NOR
 SHALL ANY PLATE BE USED OTHER THAN THOSE ISSUED BY THE COMMISSIONER.
   3. EACH SUCH LICENSE PLATE SHALL BE  CONSPICUOUSLY  DISPLAYED  ON  THE
 REAR  OF  THE  ELECTRIC  SCOOTER  OR  LIMITED  USE  MOTORCYCLE, SECURELY
 FASTENED SO AS TO PREVENT THE SAME FROM SWINGING.
   4. THE FEE FOR SUCH LICENSE PLATES SHALL BE A NOMINAL  FEE  DETERMINED
 BY THE COMMISSIONER.
   §  1291.  LIABILITY INSURANCE. 1. IN A CITY HAVING A POPULATION OF ONE
 MILLION OR MORE, EVERY  ELECTRIC  SCOOTER  AS  DEFINED  IN  SECTION  ONE
 HUNDRED  FOURTEEN-E  OF THIS CHAPTER AND EVERY LIMITED USE MOTORCYCLE AS
 DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B  OF  THIS  CHAPTER  THAT  IS
 OPERATED ON PUBLIC ROADS OR ON PROPERTY OTHER THAN ON LANDS OF THE OWNER
 OF THE SCOOTER OR LIMITED USE MOTORCYCLE SHALL BE COVERED BY A POLICY OF
 INSURANCE,  IN  SUCH LANGUAGE AND FORM AS SHALL BE DETERMINED AND ESTAB-
 LISHED BY THE SUPERINTENDENT OF FINANCIAL SERVICES, ISSUED BY AN  INSUR-
 ANCE  CARRIER AUTHORIZED TO DO BUSINESS IN THIS STATE. SUCH POLICY SHALL
 PROVIDE FOR COVERAGES REQUIRED OF AN "OWNER'S POLICY OF LIABILITY INSUR-
 ANCE" AS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION THREE
 HUNDRED ELEVEN OF THIS CHAPTER. IN LIEU OF SUCH  INSURANCE  COVERAGE  AS
 HEREINABOVE  PROVIDED,  THE  COMMISSIONER,  IN HIS OR HER DISCRETION AND
 UPON APPLICATION OF A GOVERNMENTAL AGENCY HAVING REGISTERED IN ITS  NAME
 ONE  OR MORE ELECTRIC SCOOTERS OR LIMITED USE MOTORCYCLES, MAY WAIVE THE
 REQUIREMENT OF INSURANCE BY A PRIVATE  INSURANCE  CARRIER  AND  ISSUE  A
 CERTIFICATE  OF  SELF-INSURANCE,  WHEN  HE OR SHE IS SATISFIED THAT SUCH
 GOVERNMENTAL AGENCY IS POSSESSED OF  FINANCIAL  ABILITY  TO  RESPOND  TO
 JUDGMENTS  OBTAINED  AGAINST  IT,  ARISING  OUT OF THE OWNERSHIP, USE OR
 OPERATION OF SUCH ELECTRIC SCOOTERS  OR  LIMITED  USE  MOTORCYCLES.  THE
 COMMISSIONER  MAY  ALSO  WAIVE THE REQUIREMENT OF INSURANCE BY A PRIVATE
 INSURANCE CARRIER AND ISSUE A CERTIFICATE OF SELF-INSURANCE UPON  APPLI-
 CATION  OF ANY PERSON OR ANY OTHER CORPORATION, HAVING REGISTERED IN ITS
 NAME, ONE OR MORE ELECTRIC  SCOOTERS  OR  LIMITED  USE  MOTORCYCLES  AND
 FURNISHING OF PROOF THAT A CERTIFICATE OF SELF-INSURANCE HAS BEEN ISSUED
 AND  IS  IN  EFFECT  PURSUANT TO THE PROVISIONS OF SECTION THREE HUNDRED
 SIXTEEN OF THIS CHAPTER.
   2. PROOF OF INSURANCE AS REQUIRED BY THIS SECTION  SHALL  BE  PRODUCED
 AND  DISPLAYED  BY  THE  OWNER  OR  OPERATOR OF SUCH ELECTRIC SCOOTER OR
 LIMITED USE MOTORCYCLE UPON THE REQUEST OF ANY MAGISTRATE OR ANY  PERSON
 HAVING  AUTHORITY TO ENFORCE THE PROVISIONS OF THIS CHAPTER. THE FAILURE
 TO PRODUCE SUCH PROOF UPON THE REQUEST OF ANY SUCH PERSON SHALL  NOT  BE
 AN  OFFENSE BUT SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH ELECTRIC SCOOTER
 OR LIMITED USE MOTORCYCLE IS BEING OPERATED WITHOUT HAVING  SUCH  INSUR-
 ANCE IN FORCE AND EFFECT.
   3.  PROOF  OF  INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
 AND DISPLAYED BY THE OWNER OR  OPERATOR  OF  SUCH  ELECTRIC  SCOOTER  OR
 LIMITED  USE MOTORCYCLE TO ANY PERSON WHO HAS SUFFERED OR CLAIMS TO HAVE
 SUFFERED EITHER PERSONAL INJURY OR PROPERTY DAMAGE AS A  RESULT  OF  THE
 OPERATION  OF  SUCH  ELECTRIC  SCOOTER  OR LIMITED USE MOTORCYCLE BY THE
 OWNER OR OPERATOR, IF SUCH INSURANCE COVERAGE  WAS  REQUIRED  UNDER  THE
 A. 7982--A                          3
 
 CIRCUMSTANCES  OF  SUCH OPERATION. IT SHALL BE AN AFFIRMATIVE DEFENSE TO
 ANY PROSECUTION FOR A VIOLATION OF THIS SUBDIVISION THAT SUCH PROOF  WAS
 SO PRODUCED OR DISPLAYED WITHIN TWENTY-FOUR HOURS OF RECEIVING NOTICE OF
 SUCH INJURY OR DAMAGE, OR THE CLAIM OF SUCH INJURY OR DAMAGE.
   4.  NO  OWNER  OF  AN ELECTRIC SCOOTER OR LIMITED USE MOTORCYCLE SHALL
 OPERATE OR PERMIT THE SAME TO BE OPERATED ANYWHERE IN THIS  STATE  OTHER
 THAN ON LANDS OF THE OWNER OF THE ELECTRIC SCOOTER OR LIMITED USE MOTOR-
 CYCLE  WITHOUT  HAVING  IN FULL FORCE AND EFFECT THE LIABILITY INSURANCE
 COVERAGE REQUIRED BY THIS SECTION, AND NO PERSON SHALL OPERATE AN  ELEC-
 TRIC SCOOTER OR LIMITED USE MOTORCYCLE ANYWHERE IN THIS STATE OTHER THAN
 ON  LANDS OF THE OWNER OF THE ELECTRIC SCOOTER OR LIMITED USE MOTORCYCLE
 WITH THE KNOWLEDGE THAT SUCH INSURANCE IS NOT IN FULL FORCE AND EFFECT.
   § 4. Subsection (f) of section 5103 of the insurance law,  as  amended
 by chapter 402 of the laws of 1986, is amended to read as follows:
   (f)   Every   owner's  policy  of  liability  insurance  issued  on  a
 motorcycle, ELECTRIC SCOOTER OR LIMITED USE MOTORCYCLE or an all terrain
 vehicle in satisfaction of the requirements of article six or  eight  of
 the  vehicle  and traffic law, SECTION TWELVE HUNDRED NINETY-ONE OF SUCH
 LAW, or section twenty-four hundred seven of such law shall also provide
 for; every owner who maintains another form of financial security  on  a
 motorcycle, ELECTRIC SCOOTER OR LIMITED USE MOTORCYCLE or an all terrain
 vehicle  in  satisfaction  of  the  requirements  of  such  articles  or
 [section] SECTIONS shall be liable for; and every owner of a motorcycle,
 ELECTRIC SCOOTER OR LIMITED USE MOTORCYCLE or  an  all  terrain  vehicle
 required  to be subject to the provisions of this article by subdivision
 two of section three hundred twenty-one of such law shall be liable for;
 the payment of first party benefits to persons, other than the occupants
 of such motorcycle, ELECTRIC SCOOTER OR LIMITED USE  MOTORCYCLE  or  all
 terrain  vehicle,  another  motorcycle,  ELECTRIC SCOOTER OR LIMITED USE
 MOTORCYCLE or all terrain vehicle, or any motor vehicle, for loss  aris-
 ing  out  of the use or operation of the motorcycle, ELECTRIC SCOOTER OR
 LIMITED USE MOTORCYCLE or all terrain vehicle within this  state.  Every
 insurer  and self-insurer may exclude from the coverage required by this
 subsection a person who  intentionally  causes  his  own  injury  or  is
 injured while committing an act which would constitute a felony or while
 seeking  to  avoid  lawful  apprehension  or arrest by a law enforcement
 officer.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

co-Sponsors

2023-A7982B (ACTIVE) - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 34-E §§1290 & 1291, amd §2265, V & T L; amd §5103, Ins L

2023-A7982B (ACTIVE) - Summary

Requires license plates and liability insurance for limited use motorcycles.

2023-A7982B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7982--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 18, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DE LOS SANTOS,  SEAWRIGHT  --  read once and
   referred to the Committee on Transportation --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- recommitted to the Committee on Transportation in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   license plates and liability insurance for limited use motorcycles and
   to  amend the insurance law, in relation to requiring liability insur-
   ance for Class C limited use motorcycles
 
   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 34-E to read as follows:
                               ARTICLE 34-E
                   REGISTRATION AND OPERATION OF LIMITED
                              USE MOTORCYCLES
 SECTION 1290. REGISTRATION OF LIMITED USE MOTORCYCLES.
         1291. LIABILITY INSURANCE.
   § 1290. REGISTRATION OF LIMITED USE MOTORCYCLES. EVERY CLASS C LIMITED
 USE MOTORCYCLE AS DEFINED IN SECTION ONE HUNDRED  TWENTY-ONE-B  OF  THIS
 CHAPTER SHALL BE REGISTERED BY THE DEPARTMENT. NO PERSON SHALL OPERATE A
 CLASS  C LIMITED USE MOTORCYCLE ON THE PUBLIC HIGHWAYS UNLESS SUCH CLASS
 C LIMITED USE MOTORCYCLE SHALL HAVE A DISTINCTIVE NUMBER ASSIGNED TO  IT
 BY THE COMMISSIONER AND A NUMBER PLATE ISSUED BY THE COMMISSIONER WITH A
 NUMBER CORRESPONDING TO THAT OF THE CERTIFICATE OF REGISTRATION.
   §  1291.  LIABILITY INSURANCE. 1. EVERY CLASS C LIMITED USE MOTORCYCLE
 AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THIS CHAPTER  THAT  IS
 OPERATED ON PUBLIC ROADS OR ON PROPERTY OTHER THAN ON LANDS OF THE OWNER
 OF THE LIMITED USE MOTORCYCLE SHALL BE COVERED BY A POLICY OF INSURANCE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11968-03-4

 A. 7982--B                          2
 
 IN  SUCH LANGUAGE AND FORM AS SHALL BE DETERMINED AND ESTABLISHED BY THE
 SUPERINTENDENT OF FINANCIAL SERVICES, ISSUED  BY  AN  INSURANCE  CARRIER
 AUTHORIZED  TO  DO BUSINESS IN THIS STATE. SUCH POLICY SHALL PROVIDE FOR
 COVERAGES  REQUIRED OF AN "OWNER'S POLICY OF LIABILITY INSURANCE" AS SET
 FORTH IN PARAGRAPH (A) OF SUBDIVISION  FOUR  OF  SECTION  THREE  HUNDRED
 ELEVEN  OF  THIS CHAPTER. IN LIEU OF SUCH INSURANCE COVERAGE AS HEREINA-
 BOVE PROVIDED, THE COMMISSIONER, IN THEIR DISCRETION AND  UPON  APPLICA-
 TION  OF A GOVERNMENTAL AGENCY HAVING REGISTERED IN ITS NAME ONE OR MORE
 CLASS C LIMITED USE MOTORCYCLES, MAY WAIVE THE REQUIREMENT OF  INSURANCE
 BY  A  PRIVATE  INSURANCE  CARRIER AND ISSUE A CERTIFICATE OF SELF-INSU-
 RANCE,  WHEN  THEY  ARE  SATISFIED  THAT  SUCH  GOVERNMENTAL  AGENCY  IS
 POSSESSED  OF FINANCIAL ABILITY TO RESPOND TO JUDGMENTS OBTAINED AGAINST
 IT, ARISING OUT OF THE OWNERSHIP, USE  OR  OPERATION  OF  SUCH  CLASS  C
 LIMITED USE MOTORCYCLES. THE COMMISSIONER MAY ALSO WAIVE THE REQUIREMENT
 OF  INSURANCE  BY A PRIVATE INSURANCE CARRIER AND ISSUE A CERTIFICATE OF
 SELF-INSURANCE UPON APPLICATION OF ANY PERSON OR ANY OTHER  CORPORATION,
 HAVING  REGISTERED IN ITS NAME, ONE OR MORE CLASS C LIMITED USE MOTORCY-
 CLES AND FURNISHING OF PROOF THAT A CERTIFICATE  OF  SELF-INSURANCE  HAS
 BEEN ISSUED AND IS IN EFFECT PURSUANT TO THE PROVISIONS OF SECTION THREE
 HUNDRED SIXTEEN OF THIS CHAPTER.
   2.  PROOF  OF  INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
 AND DISPLAYED BY THE OWNER OR OPERATOR  OF  SUCH  CLASS  C  LIMITED  USE
 MOTORCYCLE  UPON  THE  REQUEST  OF  ANY  MAGISTRATE OR ANY PERSON HAVING
 AUTHORITY TO ENFORCE THE PROVISIONS OF  THIS  CHAPTER.  THE  FAILURE  TO
 PRODUCE  SUCH  PROOF UPON THE REQUEST OF ANY SUCH PERSON SHALL NOT BE AN
 OFFENSE BUT SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH CLASS C LIMITED  USE
 MOTORCYCLE  IS BEING OPERATED WITHOUT HAVING SUCH INSURANCE IN FORCE AND
 EFFECT.
   3. PROOF OF INSURANCE AS REQUIRED BY THIS SECTION  SHALL  BE  PRODUCED
 AND  DISPLAYED  BY  THE  OWNER  OR  OPERATOR OF SUCH CLASS C LIMITED USE
 MOTORCYCLE TO ANY PERSON WHO HAS SUFFERED OR  CLAIMS  TO  HAVE  SUFFERED
 EITHER  PERSONAL  INJURY OR PROPERTY DAMAGE AS A RESULT OF THE OPERATION
 OF SUCH CLASS C LIMITED USE MOTORCYCLE BY THE OWNER OR OPERATOR, IF SUCH
 INSURANCE COVERAGE WAS REQUIRED UNDER THE CIRCUMSTANCES OF  SUCH  OPERA-
 TION.  IT  SHALL  BE  AN  AFFIRMATIVE  DEFENSE  TO ANY PROSECUTION FOR A
 VIOLATION OF THIS  SUBDIVISION  THAT  SUCH  PROOF  WAS  SO  PRODUCED  OR
 DISPLAYED WITHIN TWENTY-FOUR HOURS OF RECEIVING NOTICE OF SUCH INJURY OR
 DAMAGE, OR THE CLAIM OF SUCH INJURY OR DAMAGE.
   4.  NO  OWNER  OF  A  CLASS  C LIMITED USE MOTORCYCLE SHALL OPERATE OR
 PERMIT THE SAME TO BE OPERATED ANYWHERE IN  THIS  STATE  OTHER  THAN  ON
 LANDS  OF THE OWNER OF THE CLASS C LIMITED USE MOTORCYCLE WITHOUT HAVING
 IN FULL FORCE AND EFFECT THE LIABILITY INSURANCE  COVERAGE  REQUIRED  BY
 THIS SECTION, AND NO PERSON SHALL OPERATE A CLASS C LIMITED USE MOTORCY-
 CLE ANYWHERE IN THIS STATE OTHER THAN ON LANDS OF THE OWNER OF THE CLASS
 C  LIMITED  USE MOTORCYCLE WITH THE KNOWLEDGE THAT SUCH INSURANCE IS NOT
 IN FULL FORCE AND EFFECT.
   § 2. Subsection (f) of section 5103 of the insurance law,  as  amended
 by chapter 402 of the laws of 1986, is amended to read as follows:
   (f)   Every   owner's  policy  of  liability  insurance  issued  on  a
 motorcycle, CLASS C LIMITED USE MOTORCYCLE or an all terrain vehicle  in
 satisfaction  of the requirements of article six or eight of the vehicle
 and traffic law, SECTION TWELVE  HUNDRED  NINETY-ONE  OF  SUCH  LAW,  or
 section  twenty-four  hundred  seven of such law shall also provide for;
 every owner who maintains another form of financial security on a motor-
 cycle, CLASS C LIMITED USE MOTORCYCLE  or  an  all  terrain  vehicle  in
 satisfaction  of the requirements of such articles or [section] SECTIONS
 A. 7982--B                          3

 shall be liable for; and every owner of a motorcycle,  CLASS  C  LIMITED
 USE  MOTORCYCLE  or an all terrain vehicle required to be subject to the
 provisions of this article by subdivision two of section  three  hundred
 twenty-one  of  such law shall be liable for; the payment of first party
 benefits to persons, other than the occupants of such motorcycle,  CLASS
 C  LIMITED  USE  MOTORCYCLE  or all terrain vehicle, another motorcycle,
 CLASS C LIMITED USE MOTORCYCLE or all  terrain  vehicle,  or  any  motor
 vehicle, for loss arising out of the use or operation of the motorcycle,
 CLASS C LIMITED USE MOTORCYCLE or all terrain vehicle within this state.
 Every insurer and self-insurer may exclude from the coverage required by
 this subsection a person who intentionally causes [his] THEIR own injury
 or is injured while committing an act which would constitute a felony or
 while  seeking  to avoid lawful apprehension or arrest by a law enforce-
 ment officer.
   § 3. Section 2265 of the vehicle and traffic law, as amended by  chap-
 ter 931 of the laws of 1977, is amended to read as follows:
   § 2265. Equipment,  inspection  and  insurance. 1. Equipment.   Unless
 otherwise prescribed by regulation of the commissioner,  a  limited  use
 automobile  shall be subject to the equipment requirements of this chap-
 ter which are applicable to a passenger motor vehicle. Unless  otherwise
 prescribed  by  regulation of the commissioner, a limited use motorcycle
 shall be subject to the equipment requirements which are applicable to a
 motorcycle.  The operator of a limited use motorcycle shall  be  subject
 to  the  requirements  of  subdivisions  six  and seven of section three
 hundred eighty-one of this chapter[, except  that  the  requirements  of
 subdivisions  six  and seven of section three hundred eighty-one of this
 chapter shall not be applicable to the operator of a class C limited use
 motorcycle]. The commissioner may, by regulation, provide for  different
 equipment requirements for different classes of limited use motorcycles.
 As  far  as practicable, such regulations, if promulgated by the commis-
 sioner, shall be consistent with federal motor vehicle safety  standards
 established  for similar vehicles. No person shall operate a limited use
 vehicle on the public  highways  of  this  state  in  violation  of  the
 provisions of this section or regulations promulgated by the commission-
 er thereunder.
   2.  Inspection.  (a)  Limited  use automobiles and class A limited use
 motorcycles shall be subject to the inspection requirements  of  article
 five  of  this chapter. The commissioner may, by regulation, provide for
 different inspection procedures for different types of limited use auto-
 mobiles.
   (b) Class B and [class C] limited use motorcycles shall be exempt from
 any inspection requirements.
   3. Insurance. The provisions of articles six, seven and eight of  this
 chapter  shall  be  applicable to limited use vehicles[, except that the
 provisions of article six of this chapter shall not  apply  to  class  C
 limited use motorcycles].
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Assembly Bill A7982B

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2023-A7982 - Details

2023-A7982 - Summary

2023-A7982 - Bill Text download pdf

co-Sponsors

2023-A7982A - Details

2023-A7982A - Summary

2023-A7982A - Bill Text download pdf

co-Sponsors

2023-A7982B (ACTIVE) - Details

2023-A7982B (ACTIVE) - Summary

2023-A7982B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A7982B

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Sponsored By

DE LOS SANTOS

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Rebecca Seawright

2023-A7982 - Details

2023-A7982 - Summary

2023-A7982 - Bill Text download pdf

co-Sponsors

Rebecca Seawright

2023-A7982A - Details

2023-A7982A - Summary

2023-A7982A - Bill Text download pdf

co-Sponsors

Rebecca Seawright

2023-A7982B (ACTIVE) - Details

2023-A7982B (ACTIVE) - Summary

2023-A7982B (ACTIVE) - Bill Text download pdf

Comments