NY State Senate Bill 2023-S7732

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Nov 01, 2023	referred to rules

co-Sponsors

2023-S7732 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd Art 34 Art Head, §504, add §§1244, 1245, 1290, 1246 & 1291, Art 12-E §§399-u - 399-w, V & T L; amd §5103, Ins L

2023-S7732 (ACTIVE) - Summary

Relates to the regulation of bicycles with electric assist and electric scooters; requires license plates for bicycles with electric assist and electric scooters (Part A); requires liability insurance for bicycles with electric assist and electric scooters in cities having a population of one million or more (Part B); establishes a bicycle with electric assist and electric scooter operator's safety manual and licensing requirement (Part C).

2023-S7732 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7732

SPONSOR: FELDER
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
license plates for bicycles with electric assist and electric scooters
(Part A); to amend the vehicle and traffic law and the insurance law, in
relation to requiring liability insurance for bicycles with electric
assist and electric scooters in cities having a population of one
million or more (Part B); and to amend the vehicle and traffic law, in
relation to establishing a bicycle with electric assist and electric
scooter operator's safety manual and licensing requirement (Part C);

 
PURPOSE:

Requires that operators of bicycles with electric assist and electric
scooters in NYC to be trained, licensed and insured, as well as requires
all bicycles with electric assist and electric scooters to have a
license plate.

 
SUMMARY OF PROVISIONS:

Part A

Section 1 amends the title of article 34 of the vehicle and traffic law.

Section 2 amends the vehicle and traffic law by adding a new section
1244 that requires bicycles, bicycles for electric assist and electric
scooters in a city of one million or more, to have a license issued by
the Department of Motor Vehicles. The license plate will have a distinc-
tive number assigned to it that corresponds to a certificate of regis-
tration. The design of the license plate will be determined by the
department and shall be conspicuously displayed.

Section 3 is the effective date.

Part B

Section 1 amends the Vehicle and Traffic law by adding a new section
1245 that requires bicycles or bicycles with electric assist operating
in a city having a population of one million or more shall be covered by
a policy of insurance, issued by an insurance carrier authorized to do
business in this state. Proof of the minimum-required insurance must be
present upon the request of a judge, police officer or a person claiming
to have suffered injury or property damage as a result of the operation
of a bicycle or bicycle with electric assist.

Section 2 amends the Vehicle and Traffic law by adding a new section
1290 that requires scooters with electric assist operating in a city
having a population of one million or more shall be covered by a policy
of insurance, issued by an insurance carrier authorized to do business
in this state. Proof of the minimum-required insurance must be present
upon the request of a judge, police officer or a person claiming to have
suffered injury or property damage as a result of the operation of a
scooter with electric assist.



Section 3 amends section 5103 of the insurance law to include bicycles,
bicycles with electric assist, and electric scooters in New York State's
No-Fault Insurance System.

Section 4 sets forth the effective date of this legislation.

Part C

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:

Reckless motorbikes/e-bikes and e-scooters are a constant danger on New
York City streets and sidewalks. Sadly, accidents involving these e-mi-
cro mobility vehicles are becoming increasingly common and the steady
stream of injured victims are left with no recourse. The simple and
right solution must be to license, register and insure all e-micro
mobility vehicles on our roadways.

On Apr. 25, 1901, New York Governor Benjamin Odell Jr. signed into law a
bill requiring owners of motor vehicles to register with the state and
have a license plate (1) making New York the first State in the nation
to require license plates for automobiles. In 1924, New York State began
requiring all drivers to be licensed. The next year, driver testing
began, administered by the newly created Bureau of Motor Vehicles (2).

100 years later, it is time for New York to once again lead the Nation
by requiring all e-micro mobility vehicles to have a distinctive license
plate issued by the DMV and require all individuals who operate on the
roadways to be knowledgeable of the rules of the road.

Operators of E-bikes and E-scooters have all the same rights and are
subject to all of the duties and regulations applicable to drivers of
motor vehicles. Unlike motor vehicles however, to operate an e-micro
mobility 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 streets and sidewalks are becoming more dangerous
because many of these operators don't know the rules of the road. Simply
having operators of e-micro mobility vehicles study the rules of the
road and get a license before they start driving on traffic-congested
streets, would save hundreds of lives.


In addition, we have seen a marked increase in pedestrians being hit,
injured and even killed by e-micro mobility vehicles. By requiring
liability insurance coverage and license plates like all drivers on NYC
streets, we improve responsibility and accountability, while ensuring
accident victims are provided financial recourse, and pedestrians are
better protected.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPACT:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
applicable effective date of Parts A through C of this act shall be as
specifically set forth in the last section of such Parts.
1.  
HTTPS://TIME.COM/4301055/LICENSE-PLATE-HISTORY/
2.  
HTTPS://WWW.AUTOMOBILEMAG.COM/NEWS/FAST-FACTS-THE-113-YEA
HISTORY-OFTHE-DRIVERS-LICENSE-110875/

2023-S7732 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7732
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 1, 2023
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   license plates for bicycles with electric assist and electric scooters
   (Part  A); to amend the vehicle and traffic law and the insurance law,
   in relation to requiring liability insurance for bicycles  with  elec-
   tric assist and electric scooters in cities having a population of one
   million or more (Part B); and to amend the vehicle and traffic law, in
   relation  to  establishing a bicycle with electric assist and electric
   scooter operator's safety manual and licensing requirement (Part C);
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to  regulating bicycles with electric assist and electric scooters. Each
 component is wholly contained  within  a  Part  identified  as  Parts  A
 through  C.  The  effective date for each particular provision contained
 within such Part is set forth in the last  section  of  such  Part.  Any
 provision  in  any section contained within a Part, including the effec-
 tive date of the Part, which makes a reference to  a  section  "of  this
 act",  when  used in connection with that particular component, shall be
 deemed to mean and refer to the corresponding section  of  the  Part  in
 which  it  is  found.   Section three of this act sets forth the general
 effective date of this act.
 
                                  PART A
 
   Section 1.  The article heading of article 34 of the vehicle and traf-
 fic law, as amended by chapter 694 of the laws of 1995,  is  amended  to
 read as follows:
           REGISTRATION AND OPERATION OF BICYCLES AND PLAY DEVICES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13518-01-3
 S. 7732                             2

 
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1244 to read as follows:
   §  1244.  REGISTRATION  OF BICYCLES WITH ELECTRIC ASSIST, AND ELECTRIC
 SCOOTERS. A.  IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR  MORE,
 EVERY  BICYCLE  WITH  ELECTRIC  ASSIST AS DEFINED IN SECTION ONE HUNDRED
 TWO-C OF THIS CHAPTER AND ELECTRIC SCOOTER AS  DEFINED  IN  SECTION  ONE
 HUNDRED  FOURTEEN-E  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 A BICYCLE WITH ELECTRIC ASSIST
 OR ELECTRIC SCOOTER ON THE PUBLIC  HIGHWAYS  UNLESS  SUCH  BICYCLE  WITH
 ELECTRIC  ASSIST  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.
   B. 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 BICYCLE WITH ELECTRIC ASSIST 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 COMMIS-
 SIONER.
   C.  EACH  SUCH  LICENSE  PLATE SHALL IDENTIFY WHETHER THE BICYCLE WITH
 ELECTRIC ASSIST OR ELECTRIC SCOOTER IS PERSONAL OR COMMERCIAL IN NATURE.
   D. EACH SUCH LICENSE PLATE SHALL BE  CONSPICUOUSLY  DISPLAYED  ON  THE
 REAR  OF  THE BICYCLE WITH ELECTRIC ASSIST OR ELECTRIC SCOOTER, SECURELY
 FASTENED SO AS TO PREVENT THE SAME FROM SWINGING.
   E. THE FEE FOR SUCH LICENSE PLATES SHALL BE A NOMINAL  FEE  DETERMINED
 BY THE COMMISSIONER.
   § 3. This act shall take effect immediately.
 
                                  PART B

   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1245 to read as follows:
   § 1245. LIABILITY INSURANCE. 1. A BICYCLE WITH ELECTRIC  ASSIST  WHICH
 IS  OPERATED  ANYWHERE  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
 MORE OTHER THAN ON LANDS OF THE OWNER  OF  SUCH  BICYCLE  WITH  ELECTRIC
 ASSIST  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 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 HEREINABOVE PROVIDED, THE COMMIS-
 SIONER, IN HIS OR HER DISCRETION AND UPON APPLICATION OF A  GOVERNMENTAL
 AGENCY  HAVING REGISTERED IN ITS NAME ONE OR MORE BICYCLES WITH ELECTRIC
 ASSIST, 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 ABILI-
 TY TO RESPOND TO JUDGMENTS OBTAINED  AGAINST  IT,  ARISING  OUT  OF  THE
 OWNERSHIP,  USE  OR OPERATION OF SUCH BICYCLES WITH ELECTRIC ASSIST. 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
 S. 7732                             3
 
 NAME,  ONE OR MORE BICYCLES WITH ELECTRIC ASSIST 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  BICYCLE  WITH  ELECTRIC
 ASSIST 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 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 a new section
 1290 to read as follows:
   § 1290. LIABILITY INSURANCE. 1. AN ELECTRIC SCOOTER WHICH IS  OPERATED
 ANYWHERE IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE 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 POLI-
 CY SHALL PROVIDE FOR COVERAGES REQUIRED OF AN "OWNER'S POLICY OF LIABIL-
 ITY 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 HEREINABOVE  PROVIDED,  THE  COMMISSIONER,  IN  HIS  OR  HER
 DISCRETION  AND  UPON APPLICATION OF A GOVERNMENTAL AGENCY HAVING REGIS-
 TERED IN ITS NAME ONE OR MORE ELECTRIC SCOOTERS, MAY WAIVE THE  REQUIRE-
 MENT 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. 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  ELECTRIC SCOOTERS 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 UPON THE
 S. 7732                             4
 
 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 PRESUMP-
 TIVE  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. 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, BICYCLE WITH ELECTRIC ASSIST, ELECTRIC  SCOOTER  or  an  all
 terrain  vehicle  in  satisfaction of the requirements of article six or
 eight of the vehicle and traffic law, SECTION TWELVE HUNDRED  FORTY-FIVE
 OF SUCH LAW, SECTION TWELVE HUNDRED NINETY OF SUCH LAW, or section twen-
 ty-four  hundred  seven  of such law shall also provide for; every owner
 who maintains another form of financial security on a motorcycle,  BICY-
 CLE  WITH ELECTRIC ASSIST, ELECTRIC SCOOTER 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, BICYCLE WITH ELEC-
 TRIC  ASSIST,  ELECTRIC SCOOTER 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 motor-
 cycle,  BICYCLE  WITH  ELECTRIC  ASSIST, ELECTRIC SCOOTER or all terrain
 vehicle, another motorcycle,  BICYCLE  WITH  ELECTRIC  ASSIST,  ELECTRIC
 SCOOTER  or  all terrain vehicle, or any motor vehicle, for loss arising
 out of the use or operation of the  motorcycle,  BICYCLE  WITH  ELECTRIC
 ASSIST, ELECTRIC SCOOTER 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 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 effective date.
 
                                  PART C
 S. 7732                             5
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 article 12-E to read as follows:
                               ARTICLE 12-E
                       BICYCLE WITH ELECTRIC ASSIST
         AND ELECTRIC SCOOTER SAFETY EDUCATION COURSE AND LICENSE
 SECTION  399-U. BICYCLE WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER OPERA-
                  TOR'S SAFETY MANUAL.
         399-V. LICENSE FOR THE OPERATION  OF  A  BICYCLE  WITH  ELECTRIC
                  ASSIST AND ELECTRIC SCOOTER.
         399-W. RULES AND REGULATIONS.
   §  399-U. BICYCLE WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER OPERATOR'S
 SAFETY MANUAL.  THE COMMISSIONER SHALL DEVELOP  AND  PUBLISH  A  BICYCLE
 WITH  ELECTRIC ASSIST 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 WITH ELECTRIC
 ASSIST AND ELECTRIC SCOOTERS;
   (B) THE SAFE OPERATION OF 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 WITH ELECTRIC ASSIST
 AND ELECTRIC SCOOTER.  1. UPON SUCCESSFUL COMPREHENSION OF  THE  BICYCLE
 WITH  ELECTRIC  ASSIST  AND ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL, A
 RESIDENT MAY THEN MAKE AN APPLICATION TO RECEIVE A LICENSE FOR THE OPER-
 ATION OF A BICYCLE WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER.
   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
 WITH ELECTRIC ASSIST 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 WITH ELECTRIC ASSIST AND ELEC-
 TRIC SCOOTER AND AFTER SUBMISSION OF PROOF AS SET FORTH  IN  THIS  PARA-
 GRAPH  SHALL  CONTAIN A DISTINGUISHING MARK, IN SUCH FORM AS THE COMMIS-
 SIONER  SHALL  DETERMINE,  INDICATING  THAT  HE  OR  SHE  HAS  READ  AND
 COMPREHENDS THE BICYCLE WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER OPERA-
 TOR'S  SAFETY  MANUAL.    SUCH  PROOF SHALL CONSIST OF A LICENSE FOR THE
 OPERATION OF A BICYCLE WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER THAT IS
 PROVIDED PURSUANT TO SECTION THREE HUNDRED NINETY-NINE-V OF  THIS  CHAP-
 TER.  THE  COMMISSIONER  SHALL NOT REQUIRE FEES FOR THE ISSUANCE OF SUCH
 LICENSES OR RENEWALS THEREOF CONTAINING A BICYCLE WITH  ELECTRIC  ASSIST
 AND ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL COMPREHENSION DISTINGUISH-
 S. 7732                             6
 
 ING  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 WITH ELECTRIC ASSIST AND ELECTRIC
 SCOOTER OPERATOR'S SAFETY MANUAL COMPREHENSION  DISTINGUISHING  MARK  TO
 SUCH LICENSE.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 1246 to read as follows:
   § 1246. OPERATION OF A BICYCLE  WITH  ELECTRIC  ASSIST  IS  PROHIBITED
 WITHOUT  A  LICENSE.  NO  PERSON  SHALL  OPERATE A BICYCLE 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 WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER ISSUED TO HIM  OR  HER
 PURSUANT TO ARTICLE TWELVE-E OF THIS CHAPTER.
   §  4.  The  vehicle and traffic law is amended by adding a new section
 1291 to read as follows:
   § 1291. 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  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.
   § 2. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid  and  after  exhaustion  of all further judicial review, the
 judgment shall not affect, impair, or invalidate the remainder  thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, section or part of this act directly involved in the  controversy
 in which the judgment shall have been rendered.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Parts A through C of this act shall  be
 as specifically set forth in the last section of such Parts.

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Senate Bill S7732

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

co-Sponsors

2023-S7732 (ACTIVE) - Details

2023-S7732 (ACTIVE) - Summary

2023-S7732 (ACTIVE) - Sponsor Memo

2023-S7732 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7732

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Sponsored By

Simcha Felder

Current Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Joseph P. Addabbo Jr.

2023-S7732 (ACTIVE) - Details

2023-S7732 (ACTIVE) - Summary

2023-S7732 (ACTIVE) - Sponsor Memo

2023-S7732 (ACTIVE) - Bill Text download pdf

Comments