Bill Text: NY A00967 | 2019-2020 | General Assembly | Introduced


Bill Title: Regulates the operation of motor-driven cycles for commercial purposes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A00967 Detail]

Download: New_York-2019-A00967-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           967
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M. of A. SIMOTAS, ORTIZ -- read once and referred to the
          Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to  the  opera-
          tion of motor-driven cycles for commercial purposes on public highways
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 124 to read as follows:
     3    § 124. Motor-driven cycle. Every motor vehicle having:
     4    (a) a seat or saddle for the use of the operator;
     5    (b) two or three wheels in contact with the ground;
     6    (c)  an internal combustion engine, or electric, solar or hybrid motor
     7  which will propel the vehicle unassisted at a maximum speed  no  greater
     8  than thirty miles per hour. If such vehicle is equipped with an internal
     9  combustion  engine, such engine's piston or rotor displacement shall not
    10  exceed fifty cubic centimeters.  A motor-driven cycle shall be a limited
    11  use motorcycle or motorcycle when operated at speeds in excess of thirty
    12  miles per hour and the operator shall be required to have in his or  her
    13  possession a valid class D, DJ, M or MJ license, as the case may be; and
    14    (d)  a direct or automatic power drive system which requires no clutch
    15  or gear shift operation by  the  operator  after  the  drive  system  is
    16  engaged with the engine or motor.
    17    §  2.  Paragraph (a) of section 125 of the vehicle and traffic law, as
    18  amended by chapter 365 of the laws  of  2008,  is  amended  to  read  as
    19  follows:
    20    (a) electrically-driven mobility assistance devices operated or driven
    21  by a person with a disability, unless such mobility device is determined
    22  by the commissioner to be a motor-driven cycle,
    23    §  3. Section 2268 of the vehicle and traffic law, as added by chapter
    24  869 of the laws of 1976, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01404-01-9

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     1    § 2268. Motor-assisted [vehicle] and motor-driven vehicles.  [Notwith-
     2  standing any other provision of this chapter, a]
     3    1.  A  vehicle  which  is  primarily designed to be propelled by human
     4  power shall not be entitled to registration as  a  limited  use  vehicle
     5  because  of  the  addition  of a motor. The commissioner shall determine
     6  whether any vehicle is primarily  designed  to  be  propelled  by  human
     7  power.
     8    2.  The operator of a motor-driven cycle for commercial purposes shall
     9  be subject to all of the provisions relating to the legal operation of a
    10  limited use vehicle as provided in this article unless otherwise  deter-
    11  mined  by  the commissioner. The commissioner is authorized and directed
    12  to promulgate rules  and  regulations  for  the  registration,  insuring
    13  limited  to  minimum liability, and licensing of motor-driven cycles for
    14  commercial purposes, which shall include criteria for the safe operation
    15  of motor-driven cycles upon the public highways and procedures for impo-
    16  sition of penalties.
    17    § 4. The vehicle and traffic law is amended by adding  a  new  article
    18  34-D to read as follows:
    19                                ARTICLE 34-D
    20                    OPERATION OF MOTOR-DRIVEN CYCLES FOR
    21                             COMMERCIAL PURPOSES
    22  Section 1280. Registration required.
    23          1281. Notice by dealers.
    24          1282. Traffic laws.
    25          1283. Licensed operator.
    26          1284. Hand and arm signals.
    27          1285. Carrying articles.
    28          1286. Protective head gear.
    29          1287. Reflective clothing.
    30          1288. Restrictions.
    31          1289. Penalties.
    32    §  1280.  Registration required. Pursuant to the provisions for regis-
    33  tration in section  twenty-two  hundred  sixty-eight  of  this  chapter,
    34  motor-driven  cycles  used  for  commercial  purposes are required to be
    35  registered by owners before being operated or driven upon a public high-
    36  way.
    37    § 1281. Notice by dealers. Dealers selling motor-driven  cycles  shall
    38  provide  a  written  disclosure,  pursuant  to  the commissioner's regu-
    39  lations, to be signed by the buyer at time of purchase. Such  disclosure
    40  shall  include,  but  not be limited to, a statement that, in accordance
    41  with the provisions of this article and any other  applicable  law,  the
    42  operator  of  a  motor-driven  cycle  for  commercial purposes must be a
    43  licensed driver in accordance with provisions of this article; a  motor-
    44  driven  cycle  shall not be operated for commercial purposes on a public
    45  highway with a speed limit in excess  of  thirty-five  miles  per  hour;
    46  operators  must wear protective head gear while operating a motor-driven
    47  cycle for commercial purposes;  and  violation  may  subject  the  owner
    48  and/or  operator  to penalties including fines, the assessment of points
    49  upon an operator's driving record, as well as all other civil and crimi-
    50  nal penalties pertaining to the licensed operation of motor vehicles.
    51    § 1282. Traffic laws. Every person operating a motor-driven cycle  for
    52  commercial  purposes  upon  a public highway shall be granted all of the
    53  rights and shall be subject to all of the duties applicable to the oper-
    54  ator of a motor vehicle by this title, except as otherwise  provided  in
    55  this  article  and  except as to those provisions of this title which by
    56  their nature can have no application.

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     1    § 1283. Licensed operator. No  person  shall  operate  a  motor-driven
     2  cycle  for  commercial purposes on a public highway unless such operator
     3  holds a valid class D or DJ driver license, or a  valid  driver  license
     4  from another state or the dominion of Canada.
     5    §  1284.  Hand and arm signals. All directional signals required to be
     6  given by bicyclists pursuant to section twelve hundred  thirty-seven  of
     7  this  title  shall  be  given  by  operators  of motor-driven cycles for
     8  commercial purposes.
     9    § 1285. Carrying articles. No person operating  a  motor-driven  cycle
    10  for  commercial  purposes upon a public highway shall carry any package,
    11  bundle or article which prevents the operator from keeping at least  one
    12  hand  upon the handle bars of the motor-driven cycle.  No person operat-
    13  ing a motor-driven cycle for commercial purposes shall carry  any  pack-
    14  age,  bundle  or article which obstructs his or her vision in any direc-
    15  tion.
    16    § 1286. Protective head gear. No  person  shall  operate  a  motorized
    17  cycle for commercial purposes without wearing protective head gear meet-
    18  ing  standards  established by the commissioner. A court shall waive any
    19  fine for which a person who violates  the  provisions  of  this  section
    20  would  be  liable  if  such  person  supplies  the court with proof that
    21  between the date of violation and the appearance date for such violation
    22  such person purchased or rented protective head gear,  which  meets  the
    23  regulatory  requirements  as determined by the commissioner. Such waiver
    24  of fine shall not apply to a second or subsequent violation.
    25    § 1287. Reflective clothing. No person shall operate a motorized cycle
    26  for commercial purposes on a public highway during the  period  of  time
    27  between  one-half  hour  after  sunset  and one-half hour before sunrise
    28  unless such person is wearing readily visible reflective clothing.
    29    § 1288. Restrictions. 1. No person shall operate a motorized cycle for
    30  commercial purposes on any public highway:
    31    (a) with a speed limit  in  excess  of  thirty-five  miles  per  hour,
    32  provided  that  the  provisions of this paragraph shall not prohibit the
    33  crossing of a public highway with a speed limit in excess of thirty-five
    34  miles per hour where such highway intersects with a highway with a speed
    35  limit of thirty-five miles per hour or less; or
    36    (b) on which, in the interest of public safety, a local  authority  or
    37  the  department of transportation has prohibited the operation of motor-
    38  driven cycles.
    39    2. No  person  shall  operate  a  motor-driven  cycle  for  commercial
    40  purposes  on or across a sidewalk, except that such vehicle may be oper-
    41  ated in such manner as not to interfere with the safety and  passage  of
    42  pedestrians  who  shall  have  the  right  of  way, and when to do so is
    43  reasonable and necessary to gain access to a public highway, private way
    44  or lands or buildings adjacent to such highway or way.
    45    § 1289. Penalties. 1. Violation of  the  provisions  of  this  article
    46  shall  constitute  a traffic infraction punishable by a fine of not less
    47  than twenty-five nor more than one hundred dollars for each violation.
    48    2. The unlawful operation  of  a  motor-driven  cycle  for  commercial
    49  purposes  that  violates  the rules of the road for motor vehicles under
    50  this title shall result in the same civil and criminal penalties as  the
    51  unlawful operation of all other motor vehicles, including but not limit-
    52  ed to the assessment of points upon the operator's driving record.
    53    §  5.  Nothing in this act shall be deemed to limit the authority of a
    54  county, city, town or village from adopting or amending a local  law  or
    55  ordinance  which  imposes  stricter  restrictions  and conditions on the
    56  operation of motor-driven cycles than are provided or authorized by this

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     1  act, so long as such local law  or  ordinance  is  consistent  with  its
     2  authority  to  protect  the  order,  conduct, health, safety and general
     3  welfare of persons or property. Nothing in this act shall be  deemed  to
     4  alter  or  invalidate any local law or ordinance already in effect as of
     5  the effective date of this act.
     6    § 6. This act shall take effect on the one hundred twentieth day after
     7  it shall have become a law; provided, however, that effective immediate-
     8  ly, the amendment, addition or repeal of any rule or  regulation  neces-
     9  sary for the timely implementation of this act on its effective date are
    10  hereby  authorized  and  directed to be made on or before such effective
    11  date.
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