S T A T E O F N E W Y O R K
________________________________________________________________________
9664
I N A S S E M B L Y
March 27, 2024
___________
Introduced by M. of A. ALVAREZ -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to electric
scooters and bicycles with electric assist; and to amend the executive
law, in relation to establishing the safe streets bureau
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "take back our streets act".
§ 2. Section 410 of the vehicle and traffic law, as amended by chapter
459 of the laws of 1970, subdivision 3 as amended by chapter 466 of the
laws of 2013, subdivision 4 as amended by chapter 137 of the laws of
1989, subdivision 5 as amended by chapter 435 of the laws of 1997 and
paragraph a of subdivision 5 as amended by section 2 of part UU of chap-
ter 59 of the laws of 2018, is amended to read as follows:
§ 410. Registration of motorcycles, MOPED, ELECTRIC SCOOTERS AND BICY-
CLES WITH ELECTRIC ASSIST; fees; renewals. 1. Registration by owners. No
motorcycles, MOPEDS, ELECTRIC SCOOTERS OR BICYCLES WITH ELECTRIC ASSIST
shall be operated or driven upon the public highways of this state with-
out first being registered in accordance with the provisions of this
article, except as otherwise expressly provided in this chapter.
Every owner of a motorcycle, MOPED, ELECTRIC SCOOTER OR BICYCLE WITH
ELECTRIC ASSIST which shall be operated or driven upon the public high-
ways of this state shall, except as otherwise expressly provided, cause
to be filed, by mail or otherwise, in the office or a branch office of
the commissioner, or with an agent of the commissioner, constituted as
provided in this chapter, an application for registration, addressed to
the commissioner, and on a blank to be prepared under the direction of
and furnished by the commissioner for that purpose, containing:
(a) A brief description of the motorcycle, MOPED, ELECTRIC SCOOTER OR
BICYCLE WITH ELECTRIC ASSIST to be registered, including the name of the
manufacturer and factory number of such vehicle; (b) the name, resi-
dence, including county and business address of the owner of such motor-
cycle, MOPED, ELECTRIC SCOOTER OR BICYCLE WITH ELECTRIC ASSIST.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14152-01-4
A. 9664 2
2. Registration record. Upon the receipt of a sufficient application
for registration, as provided in this article, the commissioner or agent
receiving it shall register such motorcycle, MOPED, ELECTRIC SCOOTER OR
BICYCLE WITH ELECTRIC ASSIST, and maintain a record of the registration
of such motorcycle, MOPED, ELECTRIC SCOOTER OR BICYCLE WITH ELECTRIC
ASSIST under the distinctive number assigned to such motorcycle, MOPED,
ELECTRIC SCOOTER OR BICYCLE WITH ELECTRIC ASSIST, as provided in this
section, and the information in such record may be obtained upon payment
of the fees specified in section two hundred two of this chapter.
3. Certificate of registration. a. Upon the filing of such application
and the payment of the fee hereinafter provided, the commissioner shall
assign to such motorcycle, MOPED, ELECTRIC SCOOTER OR BICYCLE WITH ELEC-
TRIC ASSIST a distinctive number and, without expense to the applicant,
issue and deliver in such manner as the commissioner may select to the
owner a certificate of registration, in such form as the commissioner
may prescribe, and a number plate at a place within the state of New
York named by the applicant in his OR HER application. In the event of
the loss, mutilation or destruction of any certificate of registration
or number plate, the owner of a registered vehicle may file such state-
ment and proof of the facts as the commissioner shall require, with a
fee of three dollars, in the office of the commissioner, or, unless and
until the commissioner shall otherwise direct, in the office of the
agent who issued the certificate or plate and the commissioner or his OR
HER agent, as the case may be, shall issue a duplicate or substitute. No
application for registration shall be accepted unless the applicant is
at least sixteen years of age.
b. Upon the issuance of a certificate of registration, the commission-
er shall provide the owner of such vehicle with a notice regarding the
laws governing unidentifiable motorcycle parts, in such form and manner
as the commissioner may prescribe.
C. UPON THE ISSUANCE OF A CERTIFICATE OF REGISTRATION, THE COMMISSION-
ER SHALL PROVIDE THE OWNER OF SUCH VEHICLE WITH A NOTICE REGARDING THE
LAWS GOVERNING MOTORCYCLES, MOPEDS, ELECTRIC SCOOTERS AND BICYCLES WITH
ELECTRIC ASSIST, IN SUCH FORM AND MANNER AS THE COMMISSIONER MAY
PRESCRIBE.
4. Times for registration and reregistration. Registration applied for
and certificates issued under any application shall expire on a date
determined by the commissioner. Registration shall be renewed period-
ically in the same manner and upon payment of the same annual fee as
provided in this section for registration, to take effect and to expire
on dates to be determined by the commissioner. Provided, however, that
the commissioner shall have authority to fix the length of time for
which any such vehicle which is registered without fee shall be regis-
tered. Provided further, however, that renewal of a registration may be
used preceding the expiration date of such registration including such
expiration date.
5. Registration fees. a. The annual fee for registration or reregis-
tration of a motorcycle shall be eleven dollars and fifty cents. Begin-
ning April first, nineteen hundred ninety-eight the annual fee for
registration or reregistration of a motorcycle shall be seventeen
dollars and fifty cents.
b. THE ANNUAL FEE FOR REGISTRATION OR REREGISTRATION OF A MOPED, AN
ELECTRIC SCOOTER OR BICYCLE WITH ELECTRIC ASSIST SHALL BE TWENTY-FIVE
DOLLARS.
C. Where a registration is made for a period of more or less than one
calendar year, the registration fee shall not be prorated. The
A. 9664 3
provisions hereof with respect to the payment of registration fees shall
not apply to motorcycles owned or controlled by the state, a city, coun-
ty, village or town or any of the departments thereof, or any school
district or county extension service association, but in other respects
shall be applicable.
6. Fees in lieu of taxes. The registration fees imposed by this arti-
cle upon such vehicles shall be in lieu of all taxes, general or local,
to which motorcycles, MOPEDS, ELECTRIC SCOOTERS OR BICYCLES WITH ELEC-
TRIC ASSIST may be subject.
6-A. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF TRANS-
PORTATION, SHALL BE RESPONSIBLE FOR CREATING A PUBLIC OUTREACH AND
EDUCATION CAMPAIGN INFORMING THE PUBLIC CONCERNING THE STATUTORY REGIS-
TRATION REQUIREMENTS FOR MOTORCYCLES, MOPEDS, ELECTRIC SCOOTERS OR BICY-
CLES WITH ELECTRIC ASSIST.
7. "Motorcycle" as used in this section shall mean a motorcycle as
defined by section one hundred twenty-three of this chapter.
8. "ELECTRIC SCOOTER" AS USED IN THIS SECTION SHALL MEAN A MOTORCYCLE
AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-E OF THIS CHAPTER.
9. "BICYCLE WITH ELECTRIC ASSIST" AS USED IN THIS SECTION SHALL MEAN A
MOTORCYCLE AS DEFINED BY SECTION ONE HUNDRED TWO-C OF THIS CHAPTER.
10. "MOPED" AS USED IN THIS SECTION SHALL MEAN A LIMITED USE MOTORCY-
CLE AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THIS CHAPTER.
§ 3. Section 410-a of the vehicle and traffic law, as added by chapter
435 of the laws of 1997 and subdivision 2 as amended by chapter 253 of
the laws of 2008, is amended to read as follows:
§ 410-a. Motorcycle, MOPED, ELECTRIC SCOOTER AND BICYCLE WITH ELEC-
TRIC ASSIST safety program. 1. The commissioner shall establish and
administer a motorcycle, MOPED, ELECTRIC SCOOTER AND BICYCLE WITH ELEC-
TRIC ASSIST safety program which shall consist of approved motorcycle
rider training courses, motorcycle course instructor training, program
promotion, and public awareness. Approved rider training courses shall
meet nationally recognized standards for motorcycle, MOPED, ELECTRIC
SCOOTER AND BICYCLE WITH ELECTRIC ASSIST rider training courses, or
standards for motorcycle, MOPED, ELECTRIC SCOOTER AND BICYCLE WITH
ELECTRIC ASSIST rider safety programs which are approved by the depart-
ment and are comparable to the standards of the motorcycle safety foun-
dation's motorcycle rider safety program. Approved courses shall include
at least eight hours of instruction in the actual operation of a motor-
cycle, MOPED, ELECTRIC SCOOTER AND BICYCLE WITH ELECTRIC ASSIST. Monies
from the motorcycle safety fund established pursuant to section ninety-
two-g of the state finance law shall be used for the establishment and
implementation of this program.
2. The commissioner shall issue a request for proposals for the coor-
dination of a motorcycle, MOPED, ELECTRIC SCOOTER AND BICYCLE WITH
ELECTRIC ASSIST safety program which shall set requirements for the
preparation of bids. The commissioner shall enter into a contract, for a
period of five years, with a motorcycle, MOPED, ELECTRIC SCOOTER AND
BICYCLE WITH ELECTRIC ASSIST rider training coordinating organization
selected pursuant to such process. The contract shall be awarded follow-
ing the consideration of factors which shall include, but not be limited
to, the most favorable financial advantage for the state, the greatest
utility to the motorcyclist, the comprehensiveness and effectiveness of
such organization and its compatibility with the existing rider educa-
tion programs. The motorcycle, MOPED, ELECTRIC SCOOTER AND BICYCLE
WITH ELECTRIC ASSIST rider training coordination organization shall be
subject to periodic reporting requirements established by the department
A. 9664 4
outlining the administration and effectiveness of its program and an
itemization of all motorcycle safety fund allocations. Such motorcycle,
MOPED, ELECTRIC SCOOTER AND BICYCLE WITH ELECTRIC ASSIST rider training
coordinating organization shall have at least three years experience in
the administration of a statewide motorcycle, MOPED, ELECTRIC SCOOTER
AND BICYCLE WITH ELECTRIC ASSIST rider education program, and have as
its administrator an individual who has no financial or proprietary
interest in a motorcycle, MOPED, ELECTRIC SCOOTER AND BICYCLE WITH
ELECTRIC ASSIST training school or facility.
3. The motorcycle, MOPED, ELECTRIC SCOOTER AND BICYCLE WITH ELECTRIC
ASSIST rider training coordinating organization shall submit to the
commissioner for approval requests for advances pursuant to a contract
and reimbursements from the motorcycle safety fund for equipment, oper-
ating and administrative costs and other expenses necessary to carry out
the provisions of this section. The commissioner shall approve all such
requests for expenditures that are in accordance with the provisions of
this section.
4. The commissioner shall annually file a report on expenditures from
the motorcycle safety fund, established pursuant to section ninety-two-g
of the state finance law, with the legislature. Such report shall
include the name of the funded motorcycle, MOPED, ELECTRIC SCOOTER AND
BICYCLE WITH ELECTRIC ASSIST rider training coordinating organization
and the amount of funds distributed to it and shall provide an evalu-
ation of the overall effectiveness of the funded programs and any recom-
mendations for programmatic changes.
§ 4. Section 411 of the vehicle and traffic law is amended to read as
follows:
§ 411. Distinctive number; form of number plates. 1. No person shall
operate or drive a motorcycle, MOPED OR ELECTRIC SCOOTER on the public
highways of this state unless such motorcycle, MOPED OR ELECTRIC SCOOTER
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 conspicuously displayed on the
rear of such motorcycle MOPED OR ELECTRIC SCOOTER, securely fastened so
as to prevent the same from swinging.
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,
and provided further that no motorcycle, MOPED OR ELECTRIC SCOOTER 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. No person shall operate or drive a motorcycle, MOPED OR ELECTRIC
SCOOTER upon the public highways of this state having displayed thereon
a number plate not proper for such motorcycle, MOPED OR ELECTRIC SCOOTER
under the provisions of this chapter and, upon conviction for this
offense, the number plate shall be surrendered to the court for delivery
to the commissioner.
4. No person shall knowingly authorize or permit a number plate issued
for a motorcycle, MOPED OR ELECTRIC SCOOTER owned and registered by him
OR HER to be displayed on any motorcycle other than a motorcycle, MOPED
OR ELECTRIC SCOOTER to which such number plate has been assigned by the
commissioner, or upon which such number plate may legally be displayed
under a temporary certificate of registration issued by a dealer under
the provisions of section four hundred twenty of this [chapter] TITLE.
A. 9664 5
§ 5. Section 412 of the vehicle and traffic law, as amended by chapter
61 of the laws of 1989, is amended to read as follows:
§ 412. Punishment for violation. 1. The violation of any of the
provisions of section four hundred ten of this [chapter] ARTICLE
PERTAINING TO MOTORCYCLES shall be punishable by a fine of not less than
fifty nor more than two hundred dollars, or by imprisonment for not more
than fifteen days, or by both such fine and imprisonment except, if the
violation consists of failure to renew a registration which was valid
within sixty days, the fine shall be not less than twenty-five dollars.
A violation of any of the provisions of section four hundred eleven of
this [chapter] ARTICLE PERTAINING TO MOTORCYCLES shall be punishable by
a fine of not less than twenty-five nor more than two hundred dollars or
by imprisonment for not more than fifteen days, or by both such fine and
imprisonment.
2. THE VIOLATION OF ANY OF THE PROVISIONS OF SECTION FOUR HUNDRED TEN
OF THIS ARTICLE PERTAINING TO MOPEDS, ELECTRIC SCOOTERS, OR BICYCLES
WITH ELECTRIC ASSIST SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN TWO
HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT
MORE THAN THIRTY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT EXCEPT, IF
THE VIOLATION CONSISTS OF FAILURE TO RENEW A REGISTRATION WHICH WAS
VALID WITHIN SIXTY DAYS, THE FINE SHALL BE NOT LESS THAN FIFTY DOLLARS.
A VIOLATION OF ANY OF THE PROVISIONS OF SECTION FOUR HUNDRED ELEVEN OF
THIS ARTICLE PERTAINING TO MOPEDS OR ELECTRIC SCOOTERS SHALL BE PUNISHA-
BLE BY A FINE OF NOT LESS THAN TWO HUNDRED NOR MORE THAN FIVE HUNDRED
DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS, OR BY BOTH
SUCH FINE AND IMPRISONMENT.
§ 6. The vehicle and traffic law is amended by adding a new section
2267-A to read as follows:
§ 2267-A. PUNISHMENT FOR VIOLATION. THE VIOLATION OF ANY OF THE
PROVISIONS OF SECTION TWENTY-TWO HUNDRED SIXTY-SEVEN OF THIS ARTICLE
SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN FIVE THOUSAND DOLLARS, OR
BY IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS, OR BY BOTH SUCH FINE AND
IMPRISONMENT.
§ 7. The vehicle and traffic law is amended by adding a new section
1225-aa to read as follows:
§ 1225-AA. OPERATION OF MOPEDS, ELECTRIC SCOOTERS, OR BICYCLES WITH
ELECTRIC ASSIST ON SIDEWALKS. 1. NO PERSON SHALL DRIVE MOPEDS, ELECTRIC
SCOOTERS, OR BICYCLES WITH ELECTRIC ASSIST ON OR ACROSS A SIDEWALK,
EXCEPT THAT A MOPED, ELECTRIC SCOOTER, OR BICYCLE WITH ELECTRIC ASSIST
MAY BE DRIVEN AT A REASONABLE SPEED, BUT NOT MORE THAN FIVE MILES PER
HOUR, ON OR ACROSS A SIDEWALK IN SUCH MANNER AS NOT TO INTERFERE WITH
THE SAFETY AND PASSAGE OF PEDESTRIANS THEREON, WHO SHALL HAVE THE RIGHT
OF WAY, WHEN IT IS REASONABLE AND NECESSARY:
(A) TO GAIN ACCESS TO A PUBLIC HIGHWAY, PRIVATE WAY OR LANDS OR BUILD-
INGS ADJACENT TO SUCH HIGHWAY OR WAY;
(B) IN THE CONDUCT OF WORK UPON A HIGHWAY, OR UPON A PRIVATE WAY OR
LANDS OR BUILDINGS ADJACENT TO SUCH HIGHWAY OR WAY; OR
(C) TO PLOW SNOW OR PERFORM ANY OTHER PUBLIC SERVICE, FOR HIRE, OR
OTHERWISE, WHICH COULD NOT OTHERWISE BE REASONABLY AND PROPERLY
PERFORMED.
2. A VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS A MISDEMEANOR.
§ 8. The executive law is amended by adding a new section 236 to read
as follows:
§ 236. SAFE STREETS BUREAU. 1. THE SUPERINTENDENT SHALL, WITHIN THE
NEW YORK STATE POLICE, CREATE A PATROL AND ENFORCEMENT BUREAU FOR
MOPEDS, ELECTRIC SCOOTERS AND BICYCLES WITH ELECTRIC ASSIST, AND ASSIGN
A. 9664 6
TO IT MEMBERS OF THE NEW YORK STATE POLICE IN SUCH NUMBERS AND APPOINT
TO IT SUCH INVESTIGATIVE SPECIALISTS IN SUCH NUMBERS AS MAY BE REQUIRED
FOR THE PURPOSE OF PREVENTING, INVESTIGATING AND DETECTING VIOLATIONS OF
THE CRIMINAL LAWS AND VEHICLE AND TRAFFIC LAWS OF THE STATE, AND
CONDUCTING SUCH OTHER INVESTIGATIONS AS MAY BE PROVIDED FOR BY LAW.
MEMBERS OF THE STATE POLICE ASSIGNED OR APPOINTED TO THE SAFE STREETS
BUREAU ARE EMPOWERED TO COOPERATE WITH MUNICIPAL POLICE DEPARTMENTS IN
THE INVESTIGATION OF VIOLATIONS OF LAWS WITHIN THIS STATE. THE SUPER-
INTENDENT MAY, FROM TIME TO TIME, ESTABLISH HEADQUARTERS OR STATIONS IN
THE CITY OF NEW YORK AS THEY SHALL DEEM MOST SUITABLE FOR THE EFFICIENT
OPERATION OF THE SAFE STREETS BUREAU.
§ 9. This act shall take effect on the ninetieth day after it shall
have become a law.