NY State Assembly Bill 2023-A9114

Assembly Bill A9114

2023-2024 Legislative Session

Requires bicycles with electric assist and electric scooters be registered, inspected and insured

download bill text pdf

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
Feb 07, 2024	referred to transportation

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2023-A9114 (ACTIVE) - Details

See Senate Version of this Bill:: S9180
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §§1244, 1245, 1290 & 1291, V & T L

2023-A9114 (ACTIVE) - Summary

Requires bicycles with electric assist and electric scooters be registered with the department of motor vehicles, inspected and have liability insurance; and have a license plate affixed to such bicycle with electric assist or electric scooter.

2023-A9114 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9114
 
                           I N  A S S E M B L Y
 
                             February 7, 2024
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Transportation
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
   bicycles with electric assist and electric scooters be  inspected  and
   registered  with  the department of motor vehicles and carry liability
   insurance

   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 two new
 sections 1244 and 1245 to read as follows:
   § 1244. REGISTRATION AND INSPECTION OF BICYCLES WITH ELECTRIC  ASSIST.
 1.  EVERY BICYCLE WITH ELECTRIC ASSIST AS DEFINED IN SECTION ONE HUNDRED
 TWO-C OF THIS CHAPTER SHALL BE REGISTERED AND ISSUED A NUMBER  PLATE  BY
 THE  DEPARTMENT.  NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST
 UNLESS SUCH BICYCLE WITH ELECTRIC ASSIST 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.
   2. SUCH NUMBER 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.
   3. EACH SUCH NUMBER PLATE SHALL BE CONSPICUOUSLY DISPLAYED ON THE REAR
 OF THE BICYCLE, SECURELY FASTENED SO AS TO PREVENT THE SAME FROM  SWING-
 ING.
   4.  THE  FEE FOR SUCH NUMBER PLATES SHALL BE DETERMINED BY THE COMMIS-
 SIONER.
   5. THE COMMISSIONER SHALL REQUIRE THAT  EVERY  BICYCLE  WITH  ELECTRIC
 ASSIST  REGISTERED  IN  THIS  STATE  BE  INSPECTED  ANNUALLY  AND  SHALL
 PRESCRIBE THE STANDARDS AND THE MECHANISMS  TO  BE  INSPECTED;  PROVIDED
 THAT  THE  COMMISSIONER SHALL REQUIRE THAT SUCH INSPECTION SHALL INCLUDE
 INSPECTION OF THE BATTERY. THE COMMISSIONER SHALL  PRESCRIBE  RULES  FOR
 THE  ISSUANCE  OF  SEPARATE INSPECTION CERTIFICATES FOR  THE BICYCLE AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14374-01-4
 A. 9114                             2
 
 THE BATTERY WHICH SHALL CONTAIN THE SAME SERIAL NUMBER BUT  WHICH  SHALL
 INDICATE WHICH COMPONENT THE CERTIFICATE IS FOR.
   6.  WHERE  THERE  IS  A  VIOLATION  OF THIS SECTION, THE FINE FOR SUCH
 VIOLATION SHALL BE DETERMINED BY THE COMMISSIONER.
   § 1245. LIABILITY INSURANCE. 1. A BICYCLE WITH ELECTRIC ASSIST  REGIS-
 TERED  UNDER  THIS ARTICLE SHALL BE COVERED BY A POLICY OF INSURANCE, 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
 COVERAGE  AGAINST  LOSS  FROM  THE LIABILITY IMPOSED BY LAW FOR DAMAGES,
 INCLUDING DAMAGES FOR CARE AND LOSS OF SERVICES, BECAUSE OF BODILY INJU-
 RY TO OR DEATH OF ANY PERSON AND INJURY TO OR  DESTRUCTION  OF  PROPERTY
 ARISING  OUT OF THE OWNERSHIP, MAINTENANCE, USE, OR OPERATION OF A BICY-
 CLE WITH ELECTRIC ASSIST AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS
 CHAPTER, IN SUCH AMOUNTS AS THE SUPERINTENDENT SHALL PRESCRIBE.
   2. PROOF OF INSURANCE AS REQUIRED BY THIS SECTION  SHALL  BE  PRODUCED
 AND  DISPLAYED  BY  THE  OWNER OR OPERATOR OF SUCH BICYCLE WITH ELECTRIC
 ASSIST UPON THE REQUEST OF 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 PRESUMP-
 TIVE EVIDENCE THAT SUCH BICYCLE WITH ELECTRIC ASSIST 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  BICYCLE  WITH  ELECTRIC
 ASSIST  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
 BICYCLE WITH ELECTRIC ASSIST 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.
   4.  NO OWNER OF A BICYCLE WITH ELECTRIC ASSIST SHALL OPERATE OR PERMIT
 THE SAME TO BE OPERATED ANYWHERE IN THIS STATE OTHER THAN  ON  LANDS  OF
 THE  OWNER  OF  THE  BICYCLE WITH ELECTRIC ASSIST WITHOUT HAVING IN FULL
 FORCE AND EFFECT THE  LIABILITY  INSURANCE  COVERAGE  REQUIRED  BY  THIS
 SECTION,  AND  NO  PERSON  SHALL  OPERATE A BICYCLE WITH ELECTRIC ASSIST
 ANYWHERE IN THIS STATE OTHER THAN ON LANDS OF THE OWNER OF  THE  BICYCLE
 WITH  ELECTRIC  ASSIST  WITH THE KNOWLEDGE THAT SUCH INSURANCE IS NOT IN
 FULL FORCE AND EFFECT.
   § 2. The vehicle and traffic law is amended by adding two new sections
 1290 and 1291 to read as follows:
   § 1290. REGISTRATION AND INSPECTION OF  ELECTRIC  SCOOTERS.  1.  EVERY
 ELECTRIC  SCOOTER, OF ANY CLASS, AS DEFINED IN SECTION ONE HUNDRED FOUR-
 TEEN-E OF THIS CHAPTER SHALL BE REGISTERED AND ISSUED A NUMBER PLATE  BY
 THE  DEPARTMENT. NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER UNLESS SUCH
 DEVICE SHALL HAVE A DISTINCTIVE NUMBER ASSIGNED TO IT BY THE COMMISSION-
 ER AND A NUMBER PLATE ISSUED BY THE COMMISSIONER WITH  A  NUMBER  CORRE-
 SPONDING TO THAT OF THE CERTIFICATE OF REGISTRATION.
   2.  SUCH  NUMBER  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.
 A. 9114                             3
 
   3. EACH SUCH NUMBER PLATE SHALL BE CONSPICUOUSLY DISPLAYED ON THE REAR
 OF  THE  ELECTRIC  SCOOTER,  SECURELY FASTENED SO AS TO PREVENT THE SAME
 FROM SWINGING.
   4.  THE  FEE FOR SUCH NUMBER PLATES SHALL BE DETERMINED BY THE COMMIS-
 SIONER.
   5. THE COMMISSIONER SHALL REQUIRE THAT EVERY ELECTRIC SCOOTER IN  THIS
 STATE  BE  INSPECTED  ANNUALLY AND SHALL PRESCRIBE THE STANDARDS AND THE
 MECHANISMS TO BE INSPECTED; PROVIDED THAT THE COMMISSIONER SHALL REQUIRE
 THAT SUCH INSPECTION  SHALL  INCLUDE  INSPECTION  OF  THE  BATTERY.  THE
 COMMISSIONER   SHALL  PRESCRIBE  RULES  FOR  THE  ISSUANCE  OF  SEPARATE
 INSPECTION CERTIFICATES FOR THE SCOOTER  AND  THE  BATTERY  WHICH  SHALL
 CONTAIN  THE SAME SERIAL NUMBER BUT WHICH SHALL INDICATE WHICH COMPONENT
 THE CERTIFICATE IS FOR.
   6. WHERE THERE IS A VIOLATION OF  THIS  SECTION,  THE  FINE  FOR  SUCH
 VIOLATION SHALL BE DETERMINED BY THE COMMISSIONER.
   §  1291. LIABILITY INSURANCE. 1. AN ELECTRIC SCOOTER WHICH IS OPERATED
 ANYWHERE OTHER THAN ON LANDS OF THE OWNER OF SUCH ELECTRIC SCOOTER SHALL
 BE COVERED BY A POLICY OF INSURANCE, 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 COVERAGE AGAINST LOSS FROM THE
 LIABILITY  IMPOSED  BY  LAW  FOR DAMAGES, INCLUDING DAMAGES FOR CARE AND
 LOSS OF SERVICES, BECAUSE OF BODILY INJURY TO OR DEATH OF ANY PERSON AND
 INJURY TO OR DESTRUCTION OF PROPERTY ARISING OUT OF THE OWNERSHIP, MAIN-
 TENANCE, USE, OR OPERATION OF AN ELECTRIC SCOOTER AS DEFINED IN  SECTION
 ONE  HUNDRED  FOURTEEN-E  OF THIS CHAPTER, IN SUCH AMOUNTS AS THE SUPER-
 INTENDENT SHALL PRESCRIBE.
   2. PROOF OF INSURANCE AS REQUIRED BY THIS SECTION  SHALL  BE  PRODUCED
 AND DISPLAYED BY THE OWNER OR OPERATOR OF SUCH ELECTRIC SCOOTER UPON THE
 REQUEST OF 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 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 ELECTRIC SCOOTER  TO  ANY
 PERSON WHO HAS SUFFERED OR CLAIMS TO HAVE SUFFERED EITHER PERSONAL INJU-
 RY  OR  PROPERTY  DAMAGE  AS  A RESULT OF THE OPERATION OF SUCH ELECTRIC
 SCOOTER 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  SUBDIVI-
 SION  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 SHALL OPERATE OR PERMIT THE SAME TO
 BE OPERATED ANYWHERE IN THIS STATE OTHER THAN ON LANDS OF THE  OWNER  OF
 THE ELECTRIC SCOOTER WITHOUT HAVING IN FULL FORCE AND EFFECT THE LIABIL-
 ITY  INSURANCE  COVERAGE  REQUIRED  BY THIS SECTION, AND NO PERSON SHALL
 OPERATE AN ELECTRIC SCOOTER ANYWHERE IN THIS STATE OTHER THAN  ON  LANDS
 OF THE OWNER OF THE ELECTRIC SCOOTER WITH THE KNOWLEDGE THAT SUCH INSUR-
 ANCE IS NOT IN FULL FORCE AND EFFECT.
   § 3. This act shall take effect immediately.

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Assembly Bill A9114

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RAJKUMAR