§ 1282. Operating electric scooters. 1. No electric scooter shall be
used to carry more than one person at one time. No person operating an
electric scooter shall carry any person as a passenger in a pack
fastened to the operator or fastened to the electric 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 an electric scooter shall carry any package,
bundle or article which prevents the operator from keeping at least one
hand upon the handle bars or which obstructs his or her vision in any
direction.

3. Every person operating an electric 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 an electric scooter, and no person sixteen years of age
or older shall allow any person less than sixteen years of age to
operate 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, an
electric 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 an electric scooter in excess of fifteen
miles per hour.

7. (a) No person shall operate an electric 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
subdivision, an electric scooter owned by a natural person where the
owner is engaged in personal use may park on a sidewalk whether attended
or unattended, provided however that no person shall park an electric
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
an electric scooter owned by a natural person may be identified as such.

8. (a) No person shall operate an electric 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 an electric scooter
may be operated on any such lands that have been designated and posted
for travel by electric 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
conservation 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
exclusive of any greenway running adjacent to or connected with a
highway, as a place open for travel by electric scooters upon written
request for such designation by any person, and may impose restrictions
and conditions for the regulation and safe operation of electric
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 electric scooters shall sell or lease any
electric scooter on or after June first, two thousand twenty-two unless
such electric 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 electric scooter is designed and equipped, and motor wattage
of such electric scooter. Manufacturers and distributors of electric
scooters shall, by April first, two thousand twenty-two, establish a
process by which an owner of an electric scooter may request and obtain
a manufacturer's label providing the maximum motor-assisted speed, the
number of persons for which such electric scooter is designed and
equipped, and motor wattage applicable to his or her electric scooter
purchased prior to June first, two thousand twenty-two and installation
instructions from such manufacturers and distributors.

(b) No person shall operate an electric scooter on any public highway
or street in this state after June first, two thousand twenty-two unless
such electric 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 electric scooter is designed
and equipped, and motor wattage of such electric scooter. Any person who
violates the provisions of this paragraph shall be punished by a civil
fine of up to fifty dollars. The court shall waive any fine for which a
person who violates the provisions of this paragraph would be liable if
such person supplies the court with proof that, between the date on
which he or she is charged with having violated this paragraph and the
appearance date for such violation, a manufacturer's label was affixed
to his or her electric 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
electric 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 electric 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 electric scooter
system shall mean a network of self-service and publicly available
electric scooters, and related infrastructure, in which an electric
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 electric scooter system which is
authorized to operate within a city, town or village pursuant to this
section: (i) shall be for the exclusive use of such shared electric
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 individual data, information or records properly issued pursuant to
the criminal procedure law or the civil practice law and rules.
Provided, however, 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
limited to name, address, telephone number, and the type and form of
payment including credit card number, debit card number, or other
payment method.

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.