S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1243
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03204-01-5
              

 S. 1243                             2
 
 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,
 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-
 S. 1243                             3
 
 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
 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.
 S. 1243                             4
 
   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
 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-SIX
 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-SIX, 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-SIX AND INSTALLATION INSTRUCTIONS FROM SUCH MANUFAC-
 TURERS 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-SIX 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
 S. 1243                             5
 
 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 PARAGRAPH WOULD
 BE LIABLE IF SUCH PERSON SUPPLIES THE COURT WITH PROOF THAT, BETWEEN THE
 DATE ON WHICH SUCH PERSON IS CHARGED WITH HAVING VIOLATED THIS PARAGRAPH
 AND  THE  APPEARANCE DATE FOR SUCH VIOLATION, A MANUFACTURER'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.
 S. 1243                             6
 
   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.
   §  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
 S. 1243                             7
 
 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
 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.
 S. 1243                             8
 
   (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
 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
 S. 1243                             9
 
 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 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-
 S. 1243                            10
 
 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
 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
 S. 1243                            11
 
 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
 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.
 S. 1243                            12

   4.  THE  FEE FOR SUCH NUMBER PLATES SHALL BE DETERMINED BY THE COMMIS-
 SIONER.
   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.