S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3725
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05054-01-5
              

 A. 3725                             2
 
 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.
   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] SUCH  APPLICANT'S  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 statement 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] SUCH COMMISSIONER'S 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.
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   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
 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
 A. 3725                             4
 
 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
 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
 A. 3725                             5
 
 [him]  SUCH PERSON to be displayed on any motorcycle other than a motor-
 cycle, MOPED OR ELECTRIC SCOOTER to which such  number  plate  has  been
 assigned by the commissioner, or upon which such number plate may legal-
 ly  be displayed under a temporary certificate of registration issued by
 a dealer under the provisions of section four  hundred  twenty  of  this
 [chapter] TITLE.
   § 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.
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   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. 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  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 INVESTI-
 GATION OF VIOLATIONS OF LAWS WITHIN THIS STATE. THE SUPERINTENDENT  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.