S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9747
 
                           I N  A S S E M B L Y
 
                               April 3, 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 the regu-
   lation of the operation of motorized scooters
 
   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
 section 123-a to read as follows:
   § 123-A. MOTORIZED SCOOTER. ANY WHEELED  DEVICE  THAT  HAS  HANDLEBARS
 THAT IS DESIGNED TO BE STOOD OR SAT UPON BY THE OPERATOR, IS  POWERED BY
 AN  ELECTRIC  MOTOR OR BY A GASOLINE MOTOR THAT IS  CAPABLE  OF  PROPEL-
 LING THE  DEVICE  WITHOUT HUMAN POWER, AND IS NOT A BICYCLE  WITH  ELEC-
 TRIC  ASSIST,  ELECTRIC SCOOTER, MOTORCYCLE, WHEELCHAIR, OR ELECTRICALLY
 DRIVEN MOBILITY ASSISTANCE DEVICE.
   § 2. Section 125 of the vehicle and traffic law, as amended by section
 3 of part XX of chapter 58 of the laws of 2020, is amended  to  read  as
 follows:
   § 125. Motor  vehicles. Every vehicle operated or driven upon a public
 highway which is propelled by  any  power  other  than  muscular  power,
 except  (a)  electrically-driven mobility assistance devices operated or
 driven by a person with a disability, (a-1) electric personal  assistive
 mobility  devices  operated  outside  a  city  with  a population of one
 million or more, (b) vehicles which run only upon rails or  tracks,  (c)
 snowmobiles  as  defined in article forty-seven of this chapter, (d) all
 terrain vehicles as defined in article forty-eight-B  of  this  chapter,
 (e)  bicycles  with  electric  assist  as defined in section one hundred
 two-c of this article, [and] (f) electric scooters as defined in section
 one hundred fourteen-e of this article, AND (G)  MOTORIZED  SCOOTERS  AS
 DEFINED  IN  SECTION ONE HUNDRED TWENTY-THREE-A OF THIS ARTICLE. For the
 purposes of title four of this chapter, the  term  motor  vehicle  shall
 exclude fire and police vehicles other than ambulances. For the purposes
 of  titles  four  and five of this chapter the term motor vehicles shall
 exclude farm type tractors and all terrain type vehicles used exclusive-
 ly for agricultural purposes, or for snow plowing, other than for  hire,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14890-02-4
 A. 9747                             2
 
 farm  equipment,  including  self-propelled machines used exclusively in
 growing, harvesting or handling farm produce, and self-propelled  cater-
 pillar  or  crawler-type  equipment while being operated on the contract
 site.
   §  3.  The  vehicle and traffic law is amended by adding a new article
 34-E to read as follows:
                               ARTICLE 34-E
                      OPERATION OF MOTORIZED SCOOTERS
 SECTION 1290. EFFECT OF REGULATIONS.
         1291. TRAFFIC LAWS APPLY TO PERSONS OPERATING  MOTORIZED  SCOOT-
                 ERS; LOCAL LAWS.
         1292. OPERATING MOTORIZED SCOOTERS.
         1293. CLINGING TO VEHICLES.
         1294. RIDING  ON  ROADWAYS,  SHOULDERS,  AND  LANES RESERVED FOR
                 NON-MOTORIZED VEHICLES AND DEVICES.
         1295. LAMPS AND OTHER EQUIPMENT.
         1296. OPERATORS TO WEAR PROTECTIVE HEADGEAR.
         1297. LEAVING THE SCENE OF AN  INCIDENT  INVOLVING  A  MOTORIZED
                 SCOOTER WITHOUT REPORTING IN THE SECOND DEGREE.
         1298. LEAVING  THE  SCENE  OF  AN INCIDENT INVOLVING A MOTORIZED
                 SCOOTER WITHOUT REPORTING IN THE FIRST DEGREE.
         1299. OPERATION OF A MOTORIZED SCOOTER WHILE UNDER THE INFLUENCE
                 OF ALCOHOL OR DRUGS.
         1300. REGISTRATION AND INSPECTION OF  MOTORIZED SCOOTERS.
         1301. LIABILITY INSURANCE.
   § 1290. EFFECT OF REGULATIONS. 1. THE PARENT  OF  ANY  CHILD  AND  THE
 GUARDIAN  OF  ANY  WARD SHALL NOT AUTHORIZE OR KNOWINGLY PERMIT ANY SUCH
 CHILD OR WARD TO VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE.
   2. THESE REGULATIONS APPLICABLE  TO  MOTORIZED  SCOOTERS  SHALL  APPLY
 WHENEVER  A MOTORIZED SCOOTER IS OPERATED UPON ANY HIGHWAY, UPON PRIVATE
 ROADS OPEN TO PUBLIC MOTOR VEHICLE TRAFFIC AND UPON ANY PATH  SET  ASIDE
 FOR  THE  EXCLUSIVE  USE OF BICYCLES, IN-LINE SKATES, ELECTRIC SCOOTERS,
 MOTORIZED SCOOTERS OR ALL.
   § 1291. TRAFFIC LAWS APPLY TO PERSONS  OPERATING  MOTORIZED  SCOOTERS;
 LOCAL  LAWS.  1.  EVERY PERSON RIDING A MOTORIZED SCOOTER UPON A ROADWAY
 SHALL BE GRANTED ALL OF THE RIGHTS AND SHALL BE SUBJECT TO  ALL  OF  THE
 DUTIES  APPLICABLE TO THE DRIVER OF A VEHICLE AND THE RIDER OF A BICYCLE
 BY THIS TITLE, EXCEPT AS TO SPECIAL  REGULATIONS  IN  THIS  ARTICLE  AND
 EXCEPT  AS  TO  THOSE PROVISIONS OF THIS TITLE WHICH BY THEIR NATURE CAN
 HAVE NO APPLICATION.
   2. (A) EXCEPT AS PROVIDED IN PARAGRAPHS (B) AND (C) OF  THIS  SUBDIVI-
 SION,  THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW
 OR ORDINANCE, FURTHER REGULATE THE TIME, PLACE AND MANNER OF THE  OPERA-
 TION  OF  MOTORIZED  SCOOTERS,  INCLUDING,  BUT  NOT LIMITED TO, MAXIMUM
 SPEED, REQUIRING THE USE OF PROTECTIVE  HEADGEAR,  AND  THE  WEARING  OF
 READILY  VISIBLE  REFLECTIVE CLOTHING OR MATERIAL BY OPERATORS OF MOTOR-
 IZED SCOOTERS, AND MAY LIMIT, PROHIBIT  THE  USE  THEREOF  IN  SPECIFIED
 AREAS,  OR  PROHIBIT  ENTIRELY THE USE OF MOTORIZED SCOOTERS WITHIN SUCH
 CITY, TOWN, OR VILLAGE, PROVIDED THAT ADEQUATE SIGNAGE IS VISIBLY POSTED
 OUTSIDE THE BOUNDARIES OF SUCH PROHIBITED AREAS.
   (B) THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE IN THE COUNTIES OF
 NASSAU OR SUFFOLK MAY, BY LOCAL LAW OR ORDINANCE, FURTHER  REGULATE  THE
 TIME,  PLACE  AND MANNER OF THE OPERATION OF MOTORIZED SCOOTERS, INCLUD-
 ING, BUT NOT LIMITED TO, MAXIMUM SPEED, REQUIRING THE USE OF  PROTECTIVE
 HEADGEAR,  AND  THE  WEARING  OF  READILY VISIBLE REFLECTIVE CLOTHING OR
 MATERIAL BY OPERATORS OF MOTORIZED SCOOTERS ONLY  AFTER  ADOPTION  OF  A
 A. 9747                             3
 
 LOCAL  LAW OR ORDINANCE BY THE GOVERNING BODY OF THE COUNTY IN WHICH THE
 CITY, TOWN OR VILLAGE IS LOCATED. PROVIDED, HOWEVER, THAT THE PROVISIONS
 OF THIS PARAGRAPH SHALL NOT APPLY TO THE ADOPTION  OF  A  LOCAL  LAW  OR
 ORDINANCE  BY  A  CITY,  TOWN  OR  VILLAGE  IN THE COUNTIES OF NASSAU OR
 SUFFOLK PURSUANT TO THE PROVISIONS OF PARAGRAPH (A) OF THIS  SUBDIVISION
 TO PROHIBIT THE USE OF MOTORIZED SCOOTERS IN SPECIFIED AREAS, OR PROHIB-
 IT  ENTIRELY  THE  USE  OF  MOTORIZED SCOOTERS WITHIN SUCH CITY, TOWN OR
 VILLAGE, PROVIDED THAT ADEQUATE SIGNAGE IS VISIBLY  POSTED  OUTSIDE  THE
 BOUNDARIES OF SUCH PROHIBITED AREAS.
   (C)  THE  GOVERNING BODY OF ANY TOWN OR VILLAGE IN THE COUNTY OF WEST-
 CHESTER MAY, BY LOCAL LAW OR ORDINANCE, FURTHER REGULATE THE TIME, PLACE
 AND MANNER OF THE OPERATION OF MOTORIZED SCOOTERS,  INCLUDING,  BUT  NOT
 LIMITED TO, MAXIMUM SPEED, REQUIRING THE USE OF PROTECTIVE HEADGEAR, AND
 THE WEARING OF READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL BY OPERA-
 TORS  OF  MOTORIZED SCOOTERS ONLY AFTER ADOPTION OF A LOCAL LAW OR ORDI-
 NANCE BY THE GOVERNING BODY OF WESTCHESTER  COUNTY.  PROVIDED,  HOWEVER,
 THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO THE ADOPTION OF
 A LOCAL LAW OR ORDINANCE BY A TOWN OR VILLAGE IN THE COUNTY OF WESTCHES-
 TER  PURSUANT  TO THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION TO
 PROHIBIT THE USE OF MOTORIZED SCOOTERS IN SPECIFIED AREAS,  OR  PROHIBIT
 ENTIRELY  THE  USE  OF  MOTORIZED  SCOOTERS WITHIN SUCH TOWN OR VILLAGE,
 PROVIDED THAT ADEQUATE SIGNAGE IS VISIBLY POSTED OUTSIDE THE  BOUNDARIES
 OF SUCH PROHIBITED AREAS.
   3.  NO  PERSON SHALL OPERATE A MOTORIZED SCOOTER UNLESS SUCH OPERATION
 IS IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER, AND ANY REGULATION
 OR ORDER OR LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS ARTICLE.
   § 1292. OPERATING MOTORIZED SCOOTERS. 1. NO MOTORIZED SCOOTER SHALL BE
 USED TO CARRY MORE THAN ONE PERSON AT ONE TIME. NO PERSON  OPERATING  AN
 MOTORIZED  SCOOTER  SHALL  CARRY  ANY  PERSON  AS  A PASSENGER IN A PACK
 FASTENED TO THE OPERATOR OR FASTENED TO  THE  MOTORIZED  SCOOTER.    THE
 FAILURE  OF ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION
 SHALL NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE OR ASSUMPTION OF RISK,  AND
 SHALL  NOT  IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION FOR PERSONAL
 INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN ANY  WAY
 DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION.
   2.  NO  PERSON  OPERATING A MOTORIZED SCOOTER SHALL CARRY ANY PACKAGE,
 BUNDLE OR ARTICLE WHICH PREVENTS THE OPERATOR FROM KEEPING AT LEAST  ONE
 HAND  UPON  THE  HANDLEBARS OR WHICH OBSTRUCTS SUCH OPERATOR'S VISION IN
 ANY DIRECTION.
   3. EVERY PERSON OPERATING A MOTORIZED SCOOTER SHALL YIELD THE RIGHT OF
 WAY TO PEDESTRIANS.
   4. NO PERSON LESS THAN SIXTEEN YEARS OF AGE SHALL OPERATE OR RIDE AS A
 PASSENGER UPON A MOTORIZED SCOOTER, AND NO PERSON SIXTEEN YEARS  OF  AGE
 OR  OLDER SHALL ALLOW ANY PERSON LESS THAN SIXTEEN YEARS OF AGE TO OPER-
 ATE OR RIDE AS A PASSENGER UPON SUCH SCOOTER.
   5. EXCEPT AS MAY BE OTHERWISE PROVIDED BY LOCAL LAW, ORDINANCE, ORDER,
 RULE OR REGULATION ENACTED OR PROMULGATED PURSUANT TO  THIS  ARTICLE,  A
 MOTORIZED  SCOOTER  MAY ONLY BE OPERATED ON HIGHWAYS WITH A POSTED SPEED
 LIMIT OF THIRTY MILES PER HOUR OR LESS, INCLUDING NON-INTERSTATE  PUBLIC
 HIGHWAYS,  PRIVATE  ROADS  OPEN TO MOTOR VEHICLE TRAFFIC, AND DESIGNATED
 BICYCLE OR IN-LINE SKATE LANES.
   6. NO PERSON SHALL OPERATE A MOTORIZED SCOOTER IN  EXCESS  OF  FIFTEEN
 MILES PER HOUR.
   7.  (A)  NO  PERSON  SHALL  OPERATE A MOTORIZED SCOOTER ON A SIDEWALK,
 EXCEPT AS MAY BE AUTHORIZED BY A LOCAL LAW OR  ORDINANCE  ADOPTED  BY  A
 CITY,  TOWN  OR VILLAGE HAVING JURISDICTION OVER SUCH SIDEWALK INCLUDING
 A. 9747                             4

 PARKING ON CERTAIN SIDEWALKS  WITHIN  SUCH  CITY,  TOWN  OR  VILLAGE  IN
 COMPLIANCE  WITH THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990, AS
 AMENDED (PUBLIC LAW 101-336).
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, A MOTORIZED SCOOTER OWNED BY A NATURAL PERSON WHERE THE  OWNER  IS
 ENGAGED IN PERSONAL USE MAY PARK ON A SIDEWALK WHETHER ATTENDED OR UNAT-
 TENDED,  PROVIDED  HOWEVER THAT NO PERSON SHALL PARK A MOTORIZED SCOOTER
 PURSUANT TO THIS PARAGRAPH IN A MANNER THAT  INTERFERES  WITH  THE  FREE
 PASSAGE  OF  PEDESTRIANS  ON  A SIDEWALK. A CITY, TOWN OR VILLAGE HAVING
 JURISDICTION OVER SUCH SIDEWALK SHALL PROVIDE A METHOD BY WHICH A MOTOR-
 IZED SCOOTER OWNED BY A NATURAL PERSON MAY BE IDENTIFIED AS SUCH.
   8. (A) NO PERSON SHALL OPERATE A MOTORIZED SCOOTER ON ANY PUBLIC LANDS
 OR PROPERTY, OTHER THAN A HIGHWAY  EXCLUSIVE  OF  ANY  GREENWAY  RUNNING
 ADJACENT TO OR CONNECTED WITH A HIGHWAY, EXCEPT THAT A MOTORIZED SCOOTER
 MAY  BE  OPERATED ON ANY SUCH LANDS THAT HAVE BEEN DESIGNATED AND POSTED
 FOR TRAVEL BY MOTORIZED SCOOTERS IN ACCORDANCE WITH  THE  PROVISIONS  OF
 PARAGRAPH (B) OF THIS SUBDIVISION. FOR THE PURPOSES OF THIS SUBDIVISION,
 THE  TERM "GREENWAY" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
 BY SUBDIVISION SEVEN OF SECTION 44-0103 OF THE  ENVIRONMENTAL  CONSERVA-
 TION  LAW  AND SUBDIVISION ONE OF SECTION 39.03 OF THE PARKS, RECREATION
 AND HISTORIC PRESERVATION LAW.
   (B) A STATE AGENCY, BY REGULATION  OR  ORDER,  AND  A  CITY,  TOWN  OR
 VILLAGE, BY LOCAL LAW OR ORDINANCE, MAY DESIGNATE ANY APPROPRIATE PUBLIC
 LANDS  AND PROPERTIES UNDER ITS JURISDICTION, OTHER THAN HIGHWAYS EXCLU-
 SIVE OF ANY GREENWAY RUNNING ADJACENT TO OR CONNECTED WITH A HIGHWAY, AS
 A PLACE OPEN FOR TRAVEL BY MOTORIZED SCOOTERS UPON WRITTEN  REQUEST  FOR
 SUCH  DESIGNATION  BY ANY PERSON, AND MAY IMPOSE RESTRICTIONS AND CONDI-
 TIONS FOR THE REGULATION AND SAFE OPERATION  OF  MOTORIZED  SCOOTERS  ON
 SUCH  PUBLIC  LANDS OR PROPERTY, SUCH AS TRAVEL ON DESIGNATED TRAILS AND
 HOURS OF OPERATION.
   9. (A) NO PERSON, FIRM, ASSOCIATION  OR  CORPORATION  ENGAGED  IN  THE
 BUSINESS  OF  SELLING  OR LEASING MOTORIZED SCOOTERS SHALL SELL OR LEASE
 ANY MOTORIZED SCOOTER ON OR AFTER JUNE FIRST, TWO  THOUSAND  TWENTY-FIVE
 UNLESS  SUCH  MOTORIZED  SCOOTER  HAS  PERMANENTLY AFFIXED THERETO, IN A
 PROMINENT LOCATION, A  MANUFACTURER'S  LABEL  WHICH  SHALL  INCLUDE  THE
 FOLLOWING  INFORMATION:  THE MAXIMUM MOTOR-ASSISTED SPEED, THE NUMBER OF
 PERSONS FOR WHICH SUCH MOTORIZED SCOOTER IS DESIGNED AND  EQUIPPED,  AND
 MOTOR  WATTAGE  OF  SUCH MOTORIZED SCOOTER, IF APPLICABLE. MANUFACTURERS
 AND DISTRIBUTORS OF MOTORIZED SCOOTERS SHALL, BY APRIL FIRST, TWO  THOU-
 SAND  TWENTY-FIVE,  ESTABLISH A PROCESS BY WHICH AN OWNER OF A MOTORIZED
 SCOOTER MAY REQUEST AND OBTAIN  A  MANUFACTURER'S  LABEL  PROVIDING  THE
 MAXIMUM  MOTOR-ASSISTED  SPEED,  THE  NUMBER  OF  PERSONS FOR WHICH SUCH
 MOTORIZED SCOOTER IS DESIGNED AND EQUIPPED, AND MOTOR WATTAGE APPLICABLE
 TO THE MOTORIZED SCOOTER, IF APPLICABLE, PURCHASED PRIOR TO JUNE  FIRST,
 TWO   THOUSAND  TWENTY-FIVE  AND  INSTALLATION  INSTRUCTIONS  FROM  SUCH
 MANUFACTURERS AND DISTRIBUTORS.
   (B) NO PERSON SHALL OPERATE A MOTORIZED SCOOTER ON ANY PUBLIC  HIGHWAY
 OR  STREET  IN  THIS  STATE  AFTER  JUNE FIRST, TWO THOUSAND TWENTY-FIVE
 UNLESS SUCH MOTORIZED SCOOTER HAS  PERMANENTLY  AFFIXED  THERETO,  IN  A
 PROMINENT  LOCATION, A MANUFACTURER'S LABEL PROVIDING THE MAXIMUM MOTOR-
 ASSISTED SPEED, THE NUMBER OF PERSONS FOR WHICH SUCH  MOTORIZED  SCOOTER
 IS  DESIGNED  AND EQUIPPED, AND MOTOR WATTAGE OF SUCH MOTORIZED SCOOTER.
 ANY PERSON WHO VIOLATES  THE  PROVISIONS  OF  THIS  PARAGRAPH  SHALL  BE
 PUNISHED  BY  A CIVIL FINE OF UP TO FIFTY DOLLARS. THE COURT SHALL WAIVE
 ANY FINE FOR WHICH A PERSON WHO VIOLATES THE PROVISIONS  OF  THIS  PARA-
 GRAPH WOULD BE LIABLE IF SUCH PERSON SUPPLIES THE COURT WITH PROOF THAT,
 A. 9747                             5
 
 BETWEEN  THE  DATE  ON WHICH SUCH PERSON IS CHARGED WITH HAVING VIOLATED
 THIS PARAGRAPH AND THE APPEARANCE DATE FOR SUCH VIOLATION, A MANUFACTUR-
 ER'S LABEL WAS AFFIXED TO THE MOTORIZED  SCOOTER  AS  REQUIRED  BY  THIS
 PARAGRAPH.  PROVIDED,  HOWEVER, THAT SUCH WAIVER OF FINE SHALL NOT APPLY
 TO A SECOND OR SUBSEQUENT CONVICTION UNDER THIS PARAGRAPH.
   10. (A) THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE MAY, BY  LOCAL
 LAW, ORDINANCE, ORDER, RULE OR REGULATION, AUTHORIZE AND REGULATE SHARED
 MOTORIZED  SCOOTER  SYSTEMS  WITHIN  SUCH CITY, TOWN OR VILLAGE. NO SUCH
 SHARED SYSTEMS SHALL OPERATE WITHIN A CITY, TOWN OR  VILLAGE  EXCEPT  AS
 AUTHORIZED  BY SUCH LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION.  NO
 SUCH SHARED MOTORIZED SCOOTER SYSTEM SHALL OPERATE ON PUBLIC HIGHWAYS IN
 A COUNTY WITH A POPULATION OF NO LESS  THAN  ONE  MILLION  FIVE  HUNDRED
 EIGHTY-FIVE  THOUSAND  AND NO MORE THAN ONE MILLION FIVE HUNDRED EIGHTY-
 SEVEN THOUSAND AS OF THE TWO THOUSAND TEN DECENNIAL  CENSUS.    FOR  THE
 PURPOSES  OF  THIS SUBDIVISION, THE TERM SHARED MOTORIZED SCOOTER SYSTEM
 SHALL MEAN A NETWORK OF SELF-SERVICE AND  PUBLICLY  AVAILABLE  MOTORIZED
 SCOOTERS,  AND RELATED INFRASTRUCTURE, IN WHICH A MOTORIZED SCOOTER TRIP
 BEGINS AND/OR ENDS ON ANY PUBLIC HIGHWAY.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  ALL
 TRIP  DATA,  PERSONAL  INFORMATION,  IMAGES,  VIDEOS, AND OTHER RECORDED
 IMAGES COLLECTED BY ANY SHARED MOTORIZED SCOOTER SYSTEM WHICH IS AUTHOR-
 IZED TO OPERATE WITHIN A CITY, TOWN OR VILLAGE PURSUANT TO THIS SECTION:
 (I) SHALL BE FOR THE EXCLUSIVE USE  OF  SUCH  SHARED  MOTORIZED  SCOOTER
 SYSTEM  AND  SHALL  NOT BE SOLD, DISTRIBUTED OR OTHERWISE MADE AVAILABLE
 FOR ANY COMMERCIAL PURPOSE AND (II) SHALL NOT BE DISCLOSED OR  OTHERWISE
 MADE  ACCESSIBLE  EXCEPT:  (1)  TO THE PERSON WHO IS THE SUBJECT OF SUCH
 DATA, INFORMATION OR RECORD; OR (2) IF NECESSARY TO COMPLY WITH A LAWFUL
 COURT ORDER, JUDICIAL WARRANT SIGNED BY A JUDGE  APPOINTED  PURSUANT  TO
 ARTICLE  III OF THE UNITED STATES CONSTITUTION, OR SUBPOENA FOR INDIVID-
 UAL DATA, INFORMATION OR RECORDS PROPERLY ISSUED PURSUANT TO THE  CRIMI-
 NAL  PROCEDURE LAW OR THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEV-
 ER, THAT NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO PRECLUDE
 THE EXCHANGE OF SUCH DATA, INFORMATION OR RECORDED IMAGES SOLELY FOR THE
 PURPOSE OF ADMINISTERING SUCH AUTHORIZED SHARED SYSTEM.
   FOR THE PURPOSES OF THIS  SUBDIVISION,  "PERSONAL  INFORMATION"  SHALL
 MEAN INFORMATION THAT IDENTIFIES AN INDIVIDUAL, INCLUDING BUT NOT LIMIT-
 ED  TO NAME, ADDRESS, TELEPHONE NUMBER, AND THE TYPE AND FORM OF PAYMENT
 INCLUDING CREDIT CARD NUMBER, DEBIT CARD NUMBER, OR OTHER PAYMENT  METH-
 OD.
   11.  A  VIOLATION  OF  THE  PROVISIONS OF SUBDIVISION ONE, TWO, THREE,
 FOUR, SIX, OR SEVEN OF THIS SECTION SHALL RESULT IN A CIVIL FINE NOT  TO
 EXCEED FIFTY DOLLARS.
   12.  A  POLICE  OFFICER  SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF
 THIS SECTION BY A PERSON LESS THAN SIXTEEN YEARS OF AGE TO THE PARENT OR
 GUARDIAN OF SUCH PERSON IF THE VIOLATION BY SUCH PERSON  OCCURS  IN  THE
 PRESENCE  OF  SUCH  PERSON'S PARENT OR GUARDIAN AND WHERE SUCH PARENT OR
 GUARDIAN IS EIGHTEEN YEARS OF AGE OR MORE. SUCH SUMMONS  SHALL  ONLY  BE
 ISSUED TO SUCH PARENT OR GUARDIAN, AND SHALL NOT BE ISSUED TO THE PERSON
 LESS THAN SIXTEEN YEARS OF AGE.
   §  1293.  CLINGING  TO  VEHICLES.  1.  NO PERSON OPERATING A MOTORIZED
 SCOOTER SHALL ATTACH SUCH SCOOTER, OR THEMSELF,  TO  ANY  VEHICLE  BEING
 OPERATED UPON A ROADWAY.
   2. NO VEHICLE OPERATOR SHALL KNOWINGLY PERMIT ANY PERSON TO ATTACH ANY
 MOTORIZED  SCOOTER, OR THEMSELF, TO SUCH OPERATOR'S VEHICLE IN VIOLATION
 OF SUBDIVISION ONE OF THIS SECTION.
 A. 9747                             6
 
   § 1294. RIDING ON ROADWAYS, SHOULDERS, AND LANES RESERVED FOR  NON-MO-
 TORIZED VEHICLES AND DEVICES. 1. UPON ALL ROADWAYS, ANY MOTORIZED SCOOT-
 ER  SHALL  BE  OPERATED EITHER ON A USABLE BICYCLE OR IN-LINE SKATE LANE
 OR, IF A USABLE BICYCLE OR IN-LINE SKATE LANE  HAS  NOT  BEEN  PROVIDED,
 NEAR  THE RIGHT-HAND CURB OR EDGE OF THE ROADWAY OR UPON A USABLE RIGHT-
 HAND SHOULDER IN SUCH A MANNER AS TO PREVENT UNDUE INTERFERENCE WITH THE
 FLOW OF TRAFFIC EXCEPT WHEN PREPARING FOR A LEFT TURN OR WHEN REASONABLY
 NECESSARY TO AVOID CONDITIONS THAT WOULD  MAKE  IT  UNSAFE  TO  CONTINUE
 ALONG  NEAR  THE  RIGHT-HAND  CURB  OR EDGE. CONDITIONS TO BE TAKEN INTO
 CONSIDERATION INCLUDE, BUT ARE NOT LIMITED TO, FIXED OR MOVING  OBJECTS,
 VEHICLES,   BICYCLES,  IN-LINE  SKATES,  PEDESTRIANS,  ANIMALS,  SURFACE
 HAZARDS OR TRAFFIC LANES TOO NARROW FOR A PERSON OPERATING  A  MOTORIZED
 SCOOTER AND A VEHICLE TO TRAVEL SAFELY SIDE-BY-SIDE WITHIN THE LANE.
   2.  PERSONS  OPERATING  MOTORIZED  SCOOTERS  UPON A ROADWAY SHALL RIDE
 SINGLE FILE. PERSONS OPERATING MOTORIZED SCOOTERS UPON A SHOULDER, BICY-
 CLE OR IN-LINE SKATE LANE, OR BICYCLE OR IN-LINE SKATE PATH INTENDED FOR
 THE USE OF BICYCLES, IN-LINE SKATES OR MOTORIZED SCOOTERS MAY  RIDE  TWO
 OR MORE ABREAST IF SUFFICIENT SPACE IS AVAILABLE, EXCEPT THAT WHEN PASS-
 ING  A  VEHICLE,  BICYCLE, MOTORIZED PERSONAL ASSISTIVE MOBILITY DEVICE,
 PERSON ON IN-LINE SKATES OR PEDESTRIAN STANDING OR PROCEEDING ALONG SUCH
 SHOULDER, LANE OR PATH, PERSONS OPERATING MOTORIZED SCOOTERS SHALL OPER-
 ATE SUCH SCOOTERS SINGLE FILE.
   3. ANY PERSON OPERATING A MOTORIZED SCOOTER WHO IS ENTERING A  ROADWAY
 FROM A PRIVATE ROAD, DRIVEWAY, ALLEY OR OVER A CURB SHALL COME TO A FULL
 STOP BEFORE ENTERING THE ROADWAY.
   §  1295. LAMPS AND OTHER EQUIPMENT. 1. EVERY MOTORIZED SCOOTER WHEN IN
 USE DURING THE PERIOD FROM ONE-HALF HOUR AFTER SUNSET TO  ONE-HALF  HOUR
 BEFORE  SUNRISE  SHALL  BE EQUIPPED WITH A LAMP ON THE FRONT WHICH SHALL
 EMIT A WHITE LIGHT VISIBLE DURING HOURS OF DARKNESS FROM A  DISTANCE  OF
 AT  LEAST FIVE HUNDRED FEET TO THE FRONT AND WITH A RED LIGHT VISIBLE TO
 THE REAR FOR THREE HUNDRED FEET. AT LEAST ONE SUCH LIGHT SHALL BE  VISI-
 BLE FOR TWO HUNDRED FEET FROM EACH SIDE.
   2.  NO PERSON SHALL OPERATE A MOTORIZED SCOOTER UNLESS SUCH SCOOTER IS
 EQUIPPED WITH A BELL OR OTHER DEVICE CAPABLE OF GIVING A SIGNAL  AUDIBLE
 FOR  A  DISTANCE  OF  AT LEAST ONE HUNDRED FEET, EXCEPT THAT A MOTORIZED
 SCOOTER SHALL NOT BE EQUIPPED WITH NOR  SHALL  ANY  PERSON  USE  UPON  A
 MOTORIZED SCOOTER ANY SIREN OR WHISTLE.
   3. EVERY MOTORIZED SCOOTER SHALL BE EQUIPPED WITH A BRAKE THAT ENABLES
 THE OPERATOR TO BRING THE MOTORIZED SCOOTER TO A CONTROLLED STOP.
   §  1296.   OPERATORS TO WEAR PROTECTIVE HEADGEAR. 1. NO PERSON SIXTEEN
 OR SEVENTEEN YEARS OF AGE SHALL RIDE UPON, PROPEL OR OTHERWISE OPERATE A
 MOTORIZED SCOOTER UNLESS SUCH PERSON IS WEARING A HELMET MEETING  STAND-
 ARDS  ESTABLISHED  BY  THE  COMMISSIONER  PURSUANT  TO THE PROVISIONS OF
 SUBDIVISION TWO-A OF SECTION TWELVE HUNDRED THIRTY-EIGHT OF THIS  TITLE.
 AS  USED  IN  THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A PROPERLY
 FITTING HELMET FIXED SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
 STRAPS SECURELY FASTENED.
   2. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE  OF  THIS
 SECTION SHALL PAY A CIVIL FINE NOT TO EXCEED FIFTY DOLLARS.
   3.  THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION WOULD BE  LIABLE  IF  SUCH
 PERSON  SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION
 AND THE APPEARANCE DATE FOR SUCH  VIOLATION  SUCH  PERSON  PURCHASED  OR
 RENTED A HELMET, WHICH MEETS THE REQUIREMENTS OF SUBDIVISION ONE OF THIS
 SECTION,  OR IF THE COURT FINDS THAT DUE TO REASONS OF ECONOMIC HARDSHIP
 SUCH PERSON WAS UNABLE TO PURCHASE A HELMET  OR  DUE  TO  SUCH  ECONOMIC
 A. 9747                             7
 
 HARDSHIP  SUCH  PERSON  WAS UNABLE TO OBTAIN A HELMET FROM THE STATEWIDE
 IN-LINE SKATE AND BICYCLE HELMET DISTRIBUTION PROGRAM, AS ESTABLISHED IN
 SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW OR A LOCAL DISTRIBUTION
 PROGRAM.  SUCH  WAIVER OF FINE SHALL NOT APPLY TO A SECOND OR SUBSEQUENT
 VIOLATION OF SUBDIVISION ONE OF THIS SECTION.
   4. THE FAILURE OF ANY PERSON TO COMPLY WITH  THE  PROVISIONS  OF  THIS
 SECTION  SHALL  NOT  CONSTITUTE CONTRIBUTORY NEGLIGENCE OR ASSUMPTION OF
 RISK, AND SHALL NOT IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION  FOR
 PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN
 ANY WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION.
   § 1297. LEAVING THE SCENE OF AN INCIDENT INVOLVING A MOTORIZED SCOOTER
 WITHOUT REPORTING IN THE SECOND DEGREE. 1. ANY PERSON AGE EIGHTEEN YEARS
 OR  OLDER  OPERATING A MOTORIZED SCOOTER WHO, KNOWING OR HAVING CAUSE TO
 KNOW, THAT PHYSICAL INJURY, AS DEFINED IN SUBDIVISION  NINE  OF  SECTION
 10.00  OF  THE  PENAL LAW, HAS BEEN CAUSED TO ANOTHER PERSON, DUE TO THE
 OPERATION OF SUCH MOTORIZED SCOOTER BY SUCH PERSON, SHALL, BEFORE  LEAV-
 ING  THE  PLACE  WHERE  SUCH PHYSICAL INJURY OCCURRED, STOP, AND PROVIDE
 THEIR NAME AND RESIDENCE, INCLUDING STREET AND  STREET  NUMBER,  TO  THE
 INJURED  PARTY,  IF  PRACTICAL,  AND ALSO TO A POLICE OFFICER, OR IN THE
 EVENT THAT NO POLICE OFFICER IS IN THE VICINITY OF  THE  PLACE  OF  SAID
 INJURY,  THEN  SUCH  PERSON  SHALL REPORT SUCH INCIDENT AS SOON AS PHYS-
 ICALLY ABLE TO THE NEAREST POLICE STATION OR JUDICIAL OFFICER.
   2. LEAVING THE SCENE OF AN  INCIDENT  INVOLVING  A  MOTORIZED  SCOOTER
 WITHOUT REPORTING IN THE SECOND DEGREE IS A VIOLATION.
   § 1298. LEAVING THE SCENE OF AN INCIDENT INVOLVING A MOTORIZED SCOOTER
 WITHOUT  REPORTING IN THE FIRST DEGREE. 1. ANY PERSON AGE EIGHTEEN YEARS
 OR OLDER OPERATING AN MOTORIZED SCOOTER WHO, KNOWING OR HAVING CAUSE  TO
 KNOW,  THAT  SERIOUS  PHYSICAL  INJURY, AS DEFINED IN SUBDIVISION TEN OF
 SECTION 10.00 OF THE PENAL LAW, HAS BEEN CAUSED TO ANOTHER  PERSON,  DUE
 TO THE OPERATION OF SUCH MOTORIZED SCOOTER BY SUCH PERSON, SHALL, BEFORE
 LEAVING THE PLACE WHERE SUCH SERIOUS PHYSICAL INJURY OCCURRED, STOP, AND
 PROVIDE THEIR NAME AND RESIDENCE, INCLUDING STREET AND STREET NUMBER, TO
 THE INJURED PARTY, IF PRACTICAL, AND ALSO TO A POLICE OFFICER, OR IN THE
 EVENT  THAT  NO  POLICE  OFFICER IS IN THE VICINITY OF THE PLACE OF SAID
 INJURY, THEN SUCH PERSON SHALL REPORT SAID INCIDENT  AS  SOON  AS  PHYS-
 ICALLY ABLE TO THE NEAREST POLICE STATION OR JUDICIAL OFFICER.
   2.  LEAVING  THE  SCENE  OF  AN INCIDENT INVOLVING A MOTORIZED SCOOTER
 WITHOUT REPORTING IN THE FIRST DEGREE IS A CLASS B MISDEMEANOR.
   § 1299. OPERATION OF A MOTORIZED SCOOTER WHILE UNDER THE INFLUENCE  OF
 ALCOHOL  OR  DRUGS.  1.  OFFENSES;  CRIMINAL  PENALTIES. (A) OPERATING A
 MOTORIZED SCOOTER WHILE ABILITY IMPAIRED.  NO  PERSON  SHALL  OPERATE  A
 MOTORIZED  SCOOTER  WHILE THE PERSON'S ABILITY TO OPERATE SUCH MOTORIZED
 SCOOTER IS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   (I) A VIOLATION OF THIS PARAGRAPH SHALL BE A  TRAFFIC  INFRACTION  AND
 SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN THREE HUNDRED DOLLARS, OR
 BY  IMPRISONMENT  IN  A  PENITENTIARY  OR  COUNTY JAIL FOR NOT MORE THAN
 FIFTEEN DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (II) A PERSON WHO OPERATES A MOTORIZED SCOOTER IN  VIOLATION  OF  THIS
 PARAGRAPH AFTER HAVING BEEN CONVICTED OF A VIOLATION OF ANY PARAGRAPH OF
 THIS  SUBDIVISION WITHIN THE PRECEDING FIVE YEARS SHALL BE PUNISHED BY A
 FINE OF NOT MORE THAN SEVEN HUNDRED FIFTY DOLLARS, OR BY IMPRISONMENT OF
 NOT MORE THAN THIRTY DAYS IN A PENITENTIARY OR COUNTY JAIL  OR  BY  BOTH
 SUCH FINE AND IMPRISONMENT.
   (III)  A  PERSON WHO OPERATES A MOTORIZED SCOOTER IN VIOLATION OF THIS
 PARAGRAPH AFTER BEING CONVICTED TWO OR MORE TIMES OF A VIOLATION OF  ANY
 PARAGRAPH  OF  THIS  SUBDIVISION WITHIN THE PRECEDING TEN YEARS SHALL BE
 A. 9747                             8
 
 GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY A  FINE  OF  NOT  MORE
 THAN  ONE  THOUSAND  DOLLARS,  OR  BY  IMPRISONMENT OF NOT MORE THAN ONE
 HUNDRED EIGHTY DAYS IN A PENITENTIARY OR COUNTY JAIL  OR  BY  BOTH  SUCH
 FINE AND IMPRISONMENT.
   (B)  OPERATING  A  MOTORIZED  SCOOTER  WHILE INTOXICATED; PER SE.   NO
 PERSON SHALL OPERATE AN MOTORIZED SCOOTER WHILE SUCH PERSON HAS  .08  OF
 ONE  PER  CENTUM  OR  MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD AS
 SHOWN BY CHEMICAL ANALYSIS OF SUCH  PERSON'S  BLOOD,  BREATH,  URINE  OR
 SALIVA,  MADE  PURSUANT  TO  THE  PROVISIONS OF SUBDIVISION FIVE OF THIS
 SECTION.
   (C) OPERATING A MOTORIZED SCOOTER WHILE INTOXICATED.  NO PERSON  SHALL
 OPERATE A MOTORIZED SCOOTER WHILE IN AN INTOXICATED CONDITION.
   (D)  OPERATING A MOTORIZED SCOOTER WHILE ABILITY IMPAIRED BY DRUGS. NO
 PERSON SHALL OPERATE A MOTORIZED SCOOTER WHILE THE PERSON'S  ABILITY  TO
 OPERATE  SUCH  MOTORIZED  SCOOTER  IS  IMPAIRED  BY THE USE OF A DRUG AS
 DEFINED IN THIS CHAPTER.
   (E) OPERATING A  MOTORIZED  SCOOTER  WHILE  ABILITY  IMPAIRED  BY  THE
 COMBINED  INFLUENCE  OF  DRUGS  OR OF ALCOHOL AND ANY DRUG OR DRUGS.  NO
 PERSON SHALL OPERATE A MOTORIZED SCOOTER WHILE THE PERSON'S  ABILITY  TO
 OPERATE  SUCH MOTORIZED SCOOTER IS IMPAIRED BY THE COMBINED INFLUENCE OF
 DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS.
   (F) PENALTY. (I) A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS
 SUBDIVISION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY A FINE  OF
 NOT MORE THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT IN A PENITENTIARY
 OR  COUNTY  JAIL  FOR  NOT  MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND
 IMPRISONMENT.
   (II) A PERSON WHO OPERATES A MOTORIZED SCOOTER IN VIOLATION  OF  PARA-
 GRAPH  (B),  (C),  (D)  OR  (E)  OF  THIS  SUBDIVISION AFTER HAVING BEEN
 CONVICTED OF A VIOLATION OF PARAGRAPH (B),  (C),  (D)  OR  (E)  OF  THIS
 SUBDIVISION  WITHIN THE PRECEDING TEN YEARS SHALL BE GUILTY OF A CLASS E
 FELONY, AND SHALL BE PUNISHED BY A FINE OF NOT MORE  THAN  ONE  THOUSAND
 DOLLARS  OR BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR
 BY BOTH SUCH FINE AND IMPRISONMENT.
   (III) A PERSON WHO OPERATES A MOTORIZED SCOOTER IN VIOLATION OF  PARA-
 GRAPH  (B),  (C),  (D)  OR  (E)  OF  THIS  SUBDIVISION AFTER HAVING BEEN
 CONVICTED OF A VIOLATION OF PARAGRAPH (B),  (C),  (D)  OR  (E)  OF  THIS
 SUBDIVISION  TWO  OR  MORE TIMES WITHIN THE PRECEDING TEN YEARS SHALL BE
 GUILTY OF A CLASS E FELONY, AND SHALL BE PUNISHED BY A FINE OF NOT  MORE
 THAN FOUR THOUSAND DOLLARS OR BY A PERIOD OF IMPRISONMENT AS PROVIDED IN
 THE PENAL LAW, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   2. CERTAIN SENTENCES PROHIBITED. NOTWITHSTANDING ANY PROVISIONS OF THE
 PENAL  LAW,  NO  JUDGE OR MAGISTRATE SHALL IMPOSE A SENTENCE OF UNCONDI-
 TIONAL DISCHARGE FOR A VIOLATION OF PARAGRAPH (B), (C), (D)  OR  (E)  OF
 SUBDIVISION ONE OF THIS SECTION.
   3.  SENTENCING:  PREVIOUS  CONVICTIONS. WHEN SENTENCING A PERSON FOR A
 VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE  OF  THIS
 SECTION  PURSUANT  TO  SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION
 ONE OF THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS  THE
 PERSON  MAY HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,
 OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN  THE
 PRECEDING  TEN  YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF PARA-
 GRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS  SECTION  PURSUANT
 TO  SUBPARAGRAPH  (III)  OF  PARAGRAPH  (F)  OF  SUBDIVISION ONE OF THIS
 SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE  PERSON  MAY
 HAVE  FOR  A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR, OR FOUR-A
 OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE  PRECEDING
 A. 9747                             9
 
 TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF SUBPARAGRAPH (II)
 OF  PARAGRAPH  (A)  OF  SUBDIVISION ONE OF THIS SECTION, THE COURT SHALL
 CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR  A  VIOLATION  OF
 ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITH-
 IN THE PRECEDING FIVE YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF
 SUBPARAGRAPH  (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION,
 THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A
 VIOLATION OF ANY SUBDIVISION OF SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF
 THIS TITLE WITHIN THE PRECEDING TEN YEARS.
   4.   ARREST   AND  FIELD  TESTING.  (A)  ARREST.  NOTWITHSTANDING  THE
 PROVISIONS OF SECTION 140.10 OF THE CRIMINAL  PROCEDURE  LAW,  A  POLICE
 OFFICER  MAY, WITHOUT A WARRANT, ARREST A PERSON, IN CASE OF A VIOLATION
 OF ANY PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION, IF  SUCH  VIOLATION
 IS  COUPLED  WITH  AN  ACCIDENT  OR  COLLISION  IN  WHICH SUCH PERSON IS
 INVOLVED, WHICH IN FACT HAD BEEN COMMITTED, THOUGH  NOT  IN  THE  POLICE
 OFFICER'S  PRESENCE,  WHEN  THE  OFFICER HAS REASONABLE CAUSE TO BELIEVE
 THAT THE VIOLATION WAS COMMITTED BY SUCH PERSON.  FOR  THE  PURPOSES  OF
 THIS  SUBDIVISION,  POLICE  OFFICER  SHALL  ALSO INCLUDE A PEACE OFFICER
 AUTHORIZED TO ENFORCE THIS CHAPTER WHEN THE  ALLEGED  VIOLATION  CONSTI-
 TUTES A CRIME.
   (B)  FIELD  TESTING.  EVERY PERSON OPERATING A MOTORIZED SCOOTER WHICH
 HAS BEEN INVOLVED IN AN ACCIDENT SHALL, AT THE REQUEST OF A POLICE OFFI-
 CER, SUBMIT TO A BREATH TEST TO BE ADMINISTERED BY THE  POLICE  OFFICER.
 IF  SUCH  TEST  INDICATES  THAT  SUCH OPERATOR HAS CONSUMED ALCOHOL, THE
 POLICE OFFICER MAY REQUEST SUCH OPERATOR TO SUBMIT TO A CHEMICAL TEST IN
 THE MANNER SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.
   5. CHEMICAL TESTS; WHEN AUTHORIZED. A POLICE OFFICER MAY  REQUEST  ANY
 PERSON  WHO  OPERATES  A MOTORIZED SCOOTER IN THIS STATE TO CONSENT TO A
 CHEMICAL TEST OF ONE OR MORE OF THE FOLLOWING: BREATH, BLOOD, URINE,  OR
 SALIVA, FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC AND/OR DRUG CONTENT
 OF  SUCH  PERSON'S BLOOD, PROVIDED THAT SUCH TEST IS ADMINISTERED AT THE
 DIRECTION OF A POLICE OFFICER WITH RESPECT TO A CHEMICAL TEST OF BREATH,
 URINE OR SALIVA OR, WITH RESPECT TO A CHEMICAL TEST  OF  BLOOD,  AT  THE
 DIRECTION  OF A POLICE OFFICER: (A) HAVING REASONABLE GROUNDS TO BELIEVE
 SUCH PERSON TO HAVE BEEN OPERATING IN VIOLATION OF PARAGRAPH  (A),  (B),
 (C),  (D) OR (E) OF SUBDIVISION ONE OF THIS SECTION AND WITHIN TWO HOURS
 AFTER SUCH PERSON HAS BEEN PLACED UNDER ARREST FOR ANY  SUCH  VIOLATION;
 OR  (B)  WITHIN  TWO HOURS AFTER A BREATH TEST, AS PROVIDED IN PARAGRAPH
 (B) OF SUBDIVISION FOUR OF THIS SECTION, INDICATES THAT ALCOHOL HAS BEEN
 CONSUMED BY SUCH PERSON AND IN ACCORDANCE WITH THE RULES AND REGULATIONS
 ESTABLISHED BY THE POLICE FORCE OF WHICH THE OFFICER IS A MEMBER.
   6. TESTING PROCEDURES. (A) PERSONS AUTHORIZED TO WITHDRAW BLOOD; IMMU-
 NITY; TESTIMONY. (I) AT THE REQUEST OF A POLICE OFFICER,  THE  FOLLOWING
 PERSONS  MAY WITHDRAW BLOOD FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC
 OR DRUG CONTENT THEREIN: (A)  A  PHYSICIAN,  A  REGISTERED  PROFESSIONAL
 NURSE, A REGISTERED PHYSICIAN ASSISTANT, A CERTIFIED NURSE PRACTITIONER,
 OR  AN ADVANCED EMERGENCY MEDICAL TECHNICIAN AS CERTIFIED BY THE DEPART-
 MENT OF HEALTH; OR (B) UNDER THE SUPERVISION AND AT THE DIRECTION  OF  A
 PHYSICIAN, REGISTERED PHYSICIAN ASSISTANT OR CERTIFIED NURSE PRACTITION-
 ER  ACTING  WITHIN  THEIR  LAWFUL SCOPE OF PRACTICE, OR UPON THE EXPRESS
 CONSENT OF THE PERSON EIGHTEEN YEARS OF AGE  OR  OLDER  FROM  WHOM  SUCH
 BLOOD  IS  TO BE WITHDRAWN: A CLINICAL LABORATORY TECHNICIAN OR CLINICAL
 LABORATORY TECHNOLOGIST LICENSED PURSUANT TO ARTICLE ONE HUNDRED  SIXTY-
 FIVE OF THE EDUCATION LAW; A PHLEBOTOMIST; OR A MEDICAL LABORATORY TECH-
 NICIAN  OR  MEDICAL  TECHNOLOGIST  EMPLOYED  BY  A  CLINICAL  LABORATORY
 APPROVED UNDER TITLE FIVE OF ARTICLE FIVE OF THE PUBLIC HEALTH LAW. THIS
 A. 9747                            10
 
 LIMITATION SHALL NOT APPLY TO THE TAKING OF A URINE,  SALIVA  OR  BREATH
 SPECIMEN.
   (II) NO PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH ONE
 OF  THIS  PARAGRAPH  OR  HOSPITAL  EMPLOYING  SUCH  PERSON, AND NO OTHER
 EMPLOYER OF SUCH PERSON SHALL BE SUED OR HELD LIABLE FOR ANY ACT DONE OR
 OMITTED IN THE COURSE OF WITHDRAWING BLOOD AT THE REQUEST  OF  A  POLICE
 OFFICER PURSUANT TO THIS SECTION.
   (III) ANY PERSON WHO MAY HAVE A CAUSE OF ACTION ARISING FROM THE WITH-
 DRAWAL  OF  BLOOD  AS  AFORESAID, FOR WHICH NO PERSONAL LIABILITY EXISTS
 UNDER SUBPARAGRAPH (II) OF THIS  PARAGRAPH,  MAY  MAINTAIN  SUCH  ACTION
 AGAINST  THE  STATE IF ANY PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO
 THIS PARAGRAPH ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY  THE
 STATE,  OR AGAINST THE APPROPRIATE POLITICAL SUBDIVISION OF THE STATE IF
 SUCH PERSON ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY A POLI-
 TICAL SUBDIVISION OF THE STATE. NO ACTION SHALL BE  MAINTAINED  PURSUANT
 TO  THIS  SUBPARAGRAPH UNLESS NOTICE OF CLAIM IS DULY FILED OR SERVED IN
 COMPLIANCE WITH LAW.
   (IV) NOTWITHSTANDING SUBPARAGRAPHS (I), (II) AND (III) OF  THIS  PARA-
 GRAPH  AN  ACTION MAY BE MAINTAINED BY THE STATE OR A POLITICAL SUBDIVI-
 SION THEREOF AGAINST A PERSON ENTITLED TO  WITHDRAW  BLOOD  PURSUANT  TO
 SUBPARAGRAPH (I) OF THIS PARAGRAPH OR HOSPITAL EMPLOYING SUCH PERSON FOR
 WHOSE  ACT  OR  OMISSION THE STATE OR THE POLITICAL SUBDIVISION HAS BEEN
 HELD LIABLE UNDER THIS PARAGRAPH TO RECOVER DAMAGES, NOT  EXCEEDING  THE
 AMOUNT  AWARDED  TO  THE  CLAIMANT,  THAT MAY HAVE BEEN SUSTAINED BY THE
 STATE OR THE POLITICAL SUBDIVISION BY REASON OF GROSS NEGLIGENCE OR  BAD
 FAITH ON THE PART OF SUCH PERSON.
   (V)  THE  TESTIMONY  OF ANY PERSON OTHER THAN A PHYSICIAN, ENTITLED TO
 WITHDRAW BLOOD PURSUANT  TO  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH,  IN
 RESPECT  TO  ANY  SUCH  WITHDRAWAL  OF  BLOOD MADE BY SUCH PERSON MAY BE
 RECEIVED IN EVIDENCE WITH THE SAME WEIGHT, FORCE AND EFFECT AS  IF  SUCH
 WITHDRAWAL OF BLOOD WERE MADE BY A PHYSICIAN.
   (VI)  THE  PROVISIONS  OF  SUBPARAGRAPHS  (II), (III) AND (IV) OF THIS
 PARAGRAPH SHALL ALSO APPLY WITH REGARD  TO  ANY  PERSON  EMPLOYED  BY  A
 HOSPITAL AS SECURITY PERSONNEL FOR ANY ACT DONE OR OMITTED IN THE COURSE
 OF WITHDRAWING BLOOD AT THE REQUEST OF A POLICE OFFICER PURSUANT TO THIS
 SECTION.
   (B)  RIGHT TO ADDITIONAL TEST. THE PERSON TESTED SHALL BE PERMITTED TO
 CHOOSE A PHYSICIAN TO ADMINISTER A CHEMICAL TEST IN ADDITION TO THE  ONE
 ADMINISTERED AT THE DIRECTION OF THE POLICE OFFICER.
   (C)  RULES  AND  REGULATIONS. THE DEPARTMENT OF HEALTH SHALL ISSUE AND
 FILE RULES AND REGULATIONS APPROVING SATISFACTORY TECHNIQUES OR  METHODS
 OF  CONDUCTING  CHEMICAL  ANALYSES OF A PERSON'S BLOOD, URINE, BREATH OR
 SALIVA AND TO ASCERTAIN THE QUALIFICATIONS AND COMPETENCE OF INDIVIDUALS
 TO CONDUCT AND SUPERVISE CHEMICAL ANALYSES OF A PERSON'S  BLOOD,  URINE,
 BREATH  OR SALIVA. IF THE ANALYSES WERE MADE BY AN INDIVIDUAL POSSESSING
 A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH, THIS SHALL  BE  PRESUMPTIVE
 EVIDENCE THAT THE EXAMINATION WAS PROPERLY GIVEN. THE PROVISIONS OF THIS
 PARAGRAPH  DO  NOT  PROHIBIT THE INTRODUCTION AS EVIDENCE OF AN ANALYSIS
 MADE BY AN INDIVIDUAL OTHER THAN A PERSON POSSESSING A PERMIT ISSUED  BY
 THE DEPARTMENT OF HEALTH.
   7.  CHEMICAL  TEST  EVIDENCE. (A) ADMISSIBILITY. UPON THE TRIAL OF ANY
 SUCH ACTION OR PROCEEDING ARISING OUT OF ACTIONS ALLEGED  TO  HAVE  BEEN
 COMMITTED  BY  ANY  PERSON  ARRESTED FOR A VIOLATION OF ANY PARAGRAPH OF
 SUBDIVISION ONE OF THIS SECTION, THE COURT SHALL ADMIT EVIDENCE  OF  THE
 AMOUNT  OF  ALCOHOL OR DRUGS IN THE DEFENDANT'S BLOOD AS SHOWN BY A TEST
 A. 9747                            11
 
 ADMINISTERED PURSUANT TO THE PROVISIONS  OF  SUBDIVISION  FIVE  OF  THIS
 SECTION.
   (B)  PROBATIVE  VALUE. THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE
 OF BLOOD-ALCOHOL CONTENT, AS DETERMINED  BY  SUCH  TESTS,  OF  A  PERSON
 ARRESTED FOR A VIOLATION OF SUBDIVISION ONE OF THIS SECTION:
   (I) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
 ALCOHOL  IN  SUCH  PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT THE
 ABILITY OF SUCH PERSON TO OPERATE A MOTORIZED SCOOTER WAS  NOT  IMPAIRED
 BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT IN AN INTOX-
 ICATED CONDITION;
   (II)  EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT LESS
 THAN .07 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH  PERSON'S  BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION,  BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE,  BUT SHALL NOT
 BE GIVEN PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF  SUCH
 PERSON TO OPERATE A MOTORIZED SCOOTER WAS IMPAIRED BY THE CONSUMPTION OF
 ALCOHOL; AND
   (III)  EVIDENCE  THAT THERE WAS .07 OF ONE PER CENTUM OR MORE BUT LESS
 THAN .08 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH  PERSON'S  BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
 MINING WHETHER THE ABILITY OF SUCH PERSON TO OPERATE A MOTORIZED SCOOTER
 WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   8.  WHERE  APPLICABLE. THE PROVISIONS OF THIS SECTION SHALL APPLY UPON
 PUBLIC HIGHWAYS, PRIVATE ROADS OPEN TO MOTOR VEHICLE TRAFFIC, ANY  OTHER
 PARKING  LOT,  AND  SIDEWALKS. FOR THE PURPOSES OF THIS SECTION "PARKING
 LOT" SHALL MEAN ANY AREA OR  AREAS  OF  PRIVATE  PROPERTY,  INCLUDING  A
 DRIVEWAY, NEAR OR CONTIGUOUS TO AND PROVIDED IN CONNECTION WITH PREMISES
 AND  USED  AS  A  MEANS OF ACCESS TO AND EGRESS FROM A PUBLIC HIGHWAY TO
 SUCH PREMISES AND HAVING A CAPACITY FOR THE  PARKING  OF  FOUR  OR  MORE
 MOTOR  VEHICLES.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY
 AREA OR AREAS OF PRIVATE PROPERTY COMPRISING ALL OR PART OF PROPERTY  ON
 WHICH IS SITUATED A ONE OR TWO FAMILY RESIDENCE.
   9.  ENFORCEMENT  UPON  CRASH.  NOTWITHSTANDING  ANY  PROVISION OF THIS
 SECTION, NO PART OF THIS SECTION MAY BE ENFORCED UNLESS  IN  CONJUNCTION
 WITH  A  CRASH  INVOLVING  AN  OPERATOR  OF A MOTORIZED SCOOTER. FOR THE
 PURPOSES OF THIS SUBDIVISION, "CRASH" SHALL MEAN COLLIDING WITH A  VEHI-
 CLE, PERSON, BUILDING OR OTHER OBJECT.
   §  1300.  REGISTRATION  AND INSPECTION OF MOTORIZED SCOOTERS. 1. EVERY
 MOTORIZED SCOOTER, OF ANY CLASS, AS DEFINED IN SECTION ONE HUNDRED TWEN-
 TY-THREE-A OF THIS CHAPTER SHALL BE REGISTERED AND ISSUED A NUMBER PLATE
 BY THE DEPARTMENT. NO PERSON SHALL OPERATE A  MOTORIZED  SCOOTER  UNLESS
 SUCH  DEVICE  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 MOTORIZED 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.
 A. 9747                            12

   5. THE COMMISSIONER SHALL REQUIRE THAT EVERY MOTORIZED 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  ANY BATTERY. THE
 COMMISSIONER   SHALL  PRESCRIBE  RULES  FOR  THE  ISSUANCE  OF  SEPARATE
 INSPECTION CERTIFICATES FOR THE SCOOTER AND  SUCH  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.
   §  1301. LIABILITY INSURANCE. 1. A MOTORIZED SCOOTER WHICH IS OPERATED
 ANYWHERE OTHER THAN ON LANDS OF THE  OWNER  OF  SUCH  MOTORIZED  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 A MOTORIZED SCOOTER AS DEFINED IN SECTION
 ONE HUNDRED TWENTY-THREE-A 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  MOTORIZED  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 MOTORIZED SCOOTER 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 MOTORIZED 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  MOTORIZED
 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 A MOTORIZED SCOOTER SHALL OPERATE OR PERMIT THE SAME TO
 BE  OPERATED  ANYWHERE IN THIS STATE OTHER THAN ON LANDS OF THE OWNER OF
 THE MOTORIZED SCOOTER WITHOUT  HAVING  IN  FULL  FORCE  AND  EFFECT  THE
 LIABILITY  INSURANCE  COVERAGE  REQUIRED  BY THIS SECTION, AND NO PERSON
 SHALL OPERATE A MOTORIZED SCOOTER ANYWHERE IN THIS STATE OTHER  THAN  ON
 LANDS OF THE OWNER OF THE MOTORIZED SCOOTER WITH THE KNOWLEDGE THAT SUCH
 INSURANCE IS NOT IN FULL FORCE AND EFFECT.
   §  4.  This act shall take effect immediately; provided, however, that
 section three of this act shall take effect on the one hundred twentieth
 day after it shall have become a law.  Effective immediately, the  addi-
 tion,  amendment  and/or  repeal of any rule or regulation necessary for
 the implementation of this act on its effective date are  authorized  to
 be made and completed on or before such effective date.