Bill Text: NY A05390 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to operation of a three-wheeled vehicle.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2020-11-27 - tabled [A05390 Detail]

Download: New_York-2019-A05390-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5390--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 11, 2019
                                       ___________

        Introduced  by  M. of A. LUPARDO, JONES -- read once and referred to the
          Committee on Transportation --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to amend the vehicle and traffic law, in relation to the opera-
          tion of a three-wheeled vehicle

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subparagraphs (iv) and (vii) of paragraph (a) of subdivi-
     2  sion 2 of section 501 of the vehicle and traffic law, subparagraph  (iv)
     3  as  amended  by  chapter  339 of the laws of 2005, subparagraph (vii) as
     4  added by chapter 173 of the  laws  of  1990,  are  amended  to  read  as
     5  follows:
     6    (iv)  Class D. Such license shall be valid to operate any passenger or
     7  limited use automobile or any truck with a GVWR of not more  than  twen-
     8  ty-six  thousand pounds or any such vehicle towing a vehicle with a GVWR
     9  of not more than ten thousand pounds, or any such vehicle towing another
    10  vehicle with a GVWR of more  than  ten  thousand  pounds  provided  such
    11  combination  of vehicles has a GCWR of not more than twenty-six thousand
    12  pounds, or any personal use vehicle with a GVWR of not more  than  twen-
    13  ty-six  thousand pounds or any such vehicle towing a vehicle with a GVWR
    14  of not more than ten thousand pounds, except it shall not  be  valid  to
    15  operate  a  tractor,  a motorcycle other than a class B or C limited use
    16  motorcycle, a vehicle used to transport passengers for hire or for which
    17  a hazardous materials endorsement is required, or a vehicle defined as a
    18  bus in subdivision one of section five hundred  nine-a  of  this  title.
    19  Such  license also shall be valid to operate a three-wheeled motor vehi-
    20  cle that has a steering wheel and seating which  does  not  require  the
    21  operator  to  straddle or sit astride, is equipped with safety belts for
    22  all occupants and is manufactured to comply with federal  motor  vehicle
    23  safety  standards  for  motorcycles  including,  but  not limited to, 49
    24  C.F.R. part 571.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05151-05-9
        A. 5390--A                          2

     1    (vii) Class M. Such license shall be valid to operate any  motorcycle,
     2  or  any motorcycle, other than a limited use motorcycle, towing a trail-
     3  er. Such license also shall be valid to operate  a  three-wheeled  motor
     4  vehicle that has a steering wheel and seating which does not require the
     5  operator  to  straddle or sit astride, is equipped with safety belts for
     6  all occupants and is manufactured to comply with federal  motor  vehicle
     7  safety  standards  for  motorcycles  including,  but  not limited to, 49
     8  C.F.R. part 571.
     9    § 2. Paragraph (b) of subdivision 4 of section 502 of the vehicle  and
    10  traffic  law,  as amended by chapter 355 of the laws of 2017, is amended
    11  to read as follows:
    12    (b) Upon successful completion of the requirements set forth in  para-
    13  graph  (a)  of  this subdivision which shall include an alcohol and drug
    14  education component as described in paragraph (c) of this subdivision, a
    15  "Road Rage" awareness component as described in paragraph (c-1) of  this
    16  subdivision and a "Work Zone Safety" awareness component as described in
    17  paragraph (c-2) of this subdivision, and a "Motorcycle Safety" awareness
    18  component  as  described  in  paragraph  (c-3)  of  this subdivision the
    19  commissioner shall cause the applicant to take a road test in  a  repre-
    20  sentative  vehicle  of a type prescribed by the commissioner which shall
    21  be appropriate to the type of license for  which  application  is  made,
    22  except  that  the  commissioner may waive the road test requirements for
    23  certain classes of applicants. Provided, however, that the term  "repre-
    24  sentative  vehicle" shall not include a three-wheeled motor vehicle that
    25  has a steering wheel and seating which does not require the operator  to
    26  straddle or sit astride, is equipped with safety belts for all occupants
    27  and  is  manufactured to comply with federal motor vehicle safety stand-
    28  ards for motorcycles including, but not limited to, 49 C.F.R. part  571.
    29  The  commissioner  shall  have the power to establish a program to allow
    30  persons other than employees of the department to conduct road tests  in
    31  representative  vehicles  when such tests are required for applicants to
    32  obtain a class A, B or C license. If she chooses to do so, she shall set
    33  forth her reasons in writing and conduct a public hearing on the matter.
    34  She shall only establish such a program after holding the  public  hear-
    35  ing.
    36    § 3. This act shall take effect immediately.