NY State Senate Bill 2023-S1376

Senate Bill S1376

2023-2024 Legislative Session

Establishes a bicycle and electric scooter operator's safety manual and licensing requirement

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Current Bill Status - In Senate Committee Transportation 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Jan 11, 2023	referred to transportation

co-Sponsors

2023-S1376 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 12-E §§399-u - 399-w, §§1244 & 1290, amd §504, V & T L
Versions Introduced in 2021-2022 Legislative Session:: S7204

2023-S1376 (ACTIVE) - Summary

Establishes a bicycle and electric scooter operator's safety manual; provides for the issuance of a license for residents who successfully read and comprehend the operator's safety manual; requires residents who operate a bicycle, bicycle with electric assist or electric scooter in New York City to have a license to operate such devices.

2023-S1376 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1376

SPONSOR: FELDER
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to establishing
a bicycle and electric scooter operator's safety manual and licensing
requirement

 
PURPOSE:

Requires all bicycle and electric scooter operators in NYC to be trained
and licensed

 
SUMMARY OF PROVISIONS:

Section 1 amends the Vehicle and Traffic law by adding a new article
12-E "Bicycle and Electric Scooter Safety Education Course and License".
The Department of Motor Vehicle shall develop a safety manual for the
safe operation of Bicycles and Electric Scooters. It also provides for
the license to operate a bicycle or electric scooter in New York State

Section 2 allows for a driver's license to have a mark indicating some-
one has a bicycle or electric scooter license.

Section 3 requires everyone operating a bicycle or bicycle with electric
assist to have a license.

Section 4 requires everyone operating an electric scooter to have a
license.

Section 5 sets forth the effective date of this legislation.

 
JUSTIFICATION:

In 1924 New York State began requiring all drivers to be licensed. The
next year, driver testing began and were administered by the newly
created Bureau of Motor Vehicles(1). Almost 100 years later, it is time
for New York to consider requiring all individuals who operate on the
roadways to be knowledgeable of the rules of the road and be licensed.

Operators of bicycles, E-bikes and E-scooters have all the same rights
and are subject to all of the duties and regulations applicable to driv-
ers of motor vehicles. Drivers of motor vehicles have to study and pass
a permit test about the rules of the road, have 50 hours of supervised
driving practice, take an education course and THEN pass a road test.

To operate a bicycle, E-bike and E-scooter on the same roadway as a
motor vehicle, a person simply needs to jump on and start pedaling or
pressing the throttle. As more and more individuals operate these types
of vehicles, our roadways are becoming more dangerous because many of
these operators don't know the rules of the road. By simply having an
operator of a bicycle, E-bike and E-scooter study the rules of the road
and get a license before they start driving on traffic-congested
streets, it would save hundreds of lives.

 
PRIOR LEGISLATIVE HISTORY:

2021/22: S7204 - Transportation
 
FISCAL IMPACT:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 120 days after it shall become law.
1. https://www.automobilemag.com/news/ fast-facts-the-113-year-history-
ofthe- drivers-license-110875/

2023-S1376 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1376
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   a bicycle and electric scooter operator's safety manual and  licensing
   requirement

   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 12-E to read as follows:
                               ARTICLE 12-E
     BICYCLE AND ELECTRIC SCOOTER SAFETY EDUCATION COURSE AND LICENSE
 SECTION 399-U. BICYCLE AND ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL.
         399-V. LICENSE  FOR  THE  OPERATION  OF  A BICYCLE, BICYCLE WITH
                  ELECTRIC ASSIST AND ELECTRIC SCOOTER.
         399-W. RULES AND REGULATIONS.
   § 399-U. BICYCLE AND ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL.    THE
 COMMISSIONER  SHALL  DEVELOP  AND PUBLISH A BICYCLE AND ELECTRIC SCOOTER
 OPERATOR'S SAFETY MANUAL THAT SHALL BE AVAILABLE  FOR  DISTRIBUTION  AND
 ACCESSIBLE  ON  THE DEPARTMENT'S WEBSITE.   THE MANUAL SHALL INCLUDE BUT
 NOT BE LIMITED TO THE FOLLOWING:
   (A) AN OVERVIEW OF TRAFFIC  LAWS  GOVERNING  BICYCLES,  BICYCLES  WITH
 ELECTRIC ASSIST AND ELECTRIC SCOOTERS;
   (B)  THE SAFE OPERATION OF BICYCLES, BICYCLES WITH ELECTRIC ASSIST AND
 ELECTRIC SCOOTERS;
   (C) BICYCLE LANES AS DEFINED IN SECTION  ONE  HUNDRED  TWO-A  OF  THIS
 CHAPTER; AND
   (D)  OBLIGATIONS  TO  COMPLY WITH TRAFFIC CONTROL DEVICES AND MARKINGS
 RELATED TO BICYCLISTS, ELECTRIC SCOOTER OPERATORS AND PEDESTRIANS.
   § 399-V. LICENSE FOR THE OPERATION OF A BICYCLE, BICYCLE WITH ELECTRIC
 ASSIST AND ELECTRIC SCOOTER.  1. UPON SUCCESSFUL  COMPREHENSION  OF  THE
 BICYCLE  AND  ELECTRIC  SCOOTER OPERATOR'S SAFETY MANUAL, A RESIDENT MAY
 THEN MAKE AN APPLICATION TO RECEIVE A LICENSE FOR  THE  OPERATION  OF  A
 BICYCLE, BICYCLE WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02944-01-3
 S. 1376                             2
 
   2.  (A)  AN  APPLICATION FOR SUCH LICENSE SHALL BE MADE TO THE COMMIS-
 SIONER AND SHALL REQUIRE AN APPLICANT TO FURNISH PROOF OF IDENTITY, AGE,
 FITNESS AND ANY OTHER INFORMATION REQUIRED  BY  THE  COMMISSIONER.  SUCH
 APPLICATION MAY ALSO REQUIRE A PHOTOGRAPHIC IMAGE OF THE APPLICANT.
   (B)  A NOMINAL FEE MAY BE PRESCRIBED BY THE COMMISSIONER FOR THE ISSU-
 ANCE, RENEWAL AND AMENDMENT OF A LICENSE.
   (C) A LICENSE SHALL BE VALID FROM THE DATE OF ISSUANCE UNTIL A DATE OF
 EXPIRATION AS DETERMINED BY THE COMMISSIONER.
   § 399-W. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH
 RULES AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE THE  PROVISIONS  OF
 THIS  ARTICLE.  IN  ADDITION TO ANY REQUIREMENTS EXPRESSLY AUTHORIZED BY
 THIS ARTICLE, SUCH REGULATIONS MAY INCLUDE BUT NOT BE LIMITED  TO  VALI-
 DATING  THAT  A PERSON HAS READ AND COMPREHENDS THE DEPARTMENT'S BICYCLE
 AND ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL.
   § 2. Subdivision 1 of section 504 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (a-2) to read as follows:
   (A-2)  EVERY LICENSE OR RENEWAL THEREOF ISSUED TO AN APPLICANT WHO HAS
 A LICENSE FOR THE OPERATION OF A BICYCLE, BICYCLE WITH  ELECTRIC  ASSIST
 AND  ELECTRIC SCOOTER AND AFTER SUBMISSION OF PROOF AS SET FORTH IN THIS
 PARAGRAPH SHALL CONTAIN A DISTINGUISHING  MARK,  IN  SUCH  FORM  AS  THE
 COMMISSIONER  SHALL  DETERMINE,  INDICATING  THAT HE OR SHE HAS READ AND
 COMPREHENDS THE BICYCLE AND ELECTRIC SCOOTER OPERATOR'S  SAFETY  MANUAL.
 SUCH  PROOF  SHALL  CONSIST OF A LICENSE FOR THE OPERATION OF A BICYCLE,
 BICYCLE WITH ELECTRIC ASSIST  AND  ELECTRIC  SCOOTER  THAT  IS  PROVIDED
 PURSUANT  TO  SECTION  THREE  HUNDRED NINETY-NINE-V OF THIS CHAPTER. THE
 COMMISSIONER SHALL NOT REQUIRE FEES FOR THE ISSUANCE OF SUCH LICENSES OR
 RENEWALS THEREOF CONTAINING A BICYCLE AND  ELECTRIC  SCOOTER  OPERATOR'S
 SAFETY MANUAL COMPREHENSION DISTINGUISHING MARK WHICH ARE DIFFERENT FROM
 FEES  OTHERWISE  REQUIRED;  PROVIDED,  HOWEVER, THAT NOTWITHSTANDING THE
 PROVISIONS OF THIS SECTION, THE COMMISSIONER SHALL NOT REQUIRE FEES  FOR
 A  DUPLICATION  OR  AMENDMENT  OF A LICENSE PRIOR TO ITS RENEWAL IF SUCH
 DUPLICATION OR AMENDMENT WAS SOLELY FOR THE PURPOSE OF ADDING A  BICYCLE
 AND ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL COMPREHENSION DISTINGUISH-
 ING MARK TO SUCH LICENSE.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 1244 to read as follows:
   § 1244. OPERATION OF A BICYCLE OR  BICYCLE  WITH  ELECTRIC  ASSIST  IS
 PROHIBITED WITHOUT A LICENSE. NO PERSON SHALL OPERATE A BICYCLE OR BICY-
 CLE WITH ELECTRIC ASSIST ON A PUBLIC ROADWAY IN A CITY WITH A POPULATION
 OF  ONE MILLION OR MORE UNLESS THE OPERATOR IS A HOLDER OF A LICENSE FOR
 THE OPERATION OF A BICYCLE, BICYCLE WITH ELECTRIC  ASSIST  AND  ELECTRIC
 SCOOTER  ISSUED TO HIM OR HER PURSUANT TO ARTICLE TWELVE-E OF THIS CHAP-
 TER.
   § 4. The vehicle and traffic law is amended by adding  a  new  section
 1290 to read as follows:
   §  1290.  OPERATION  OF  AN  ELECTRIC  SCOOTER IS PROHIBITED WITHOUT A
 LICENSE. NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER ON A PUBLIC ROADWAY
 IN A CITY WITH A POPULATION OF ONE MILLION OR MORE UNLESS  THE  OPERATOR
 IS  A  HOLDER  OF A LICENSE FOR THE OPERATION OF A BICYCLE, BICYCLE WITH
 ELECTRIC ASSIST AND ELECTRIC SCOOTER ISSUED TO HIM OR  HER  PURSUANT  TO
 ARTICLE TWELVE-E OF THIS CHAPTER.
   § 5. This act shall take effect on the one hundred twentieth 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 date.

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Senate Bill S1376

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Sponsored By

Simcha Felder