Bill Text: NY A07431 | 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 bicycles with electronic assist and electric scooters; defines terms; provides that every person riding an electric 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; makes related provisions.

Spectrum: Moderate Partisan Bill (Democrat 58-7)

Status: (Vetoed) 2019-12-26 - VETOED MEMO.280 [A07431 Detail]

Download: New_York-2019-A07431-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7431--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       May 3, 2019
                                       ___________

        Introduced  by  M.  of  A.  ROZIC, FAHY, D. ROSENTHAL, WALLACE, McMAHON,
          DE LA ROSA, BLAKE, RYAN, CRESPO,  SIMOTAS,  DILAN,  VANEL,  DenDEKKER,
          BRAUNSTEIN,  PHEFFER AMATO,  LUPARDO,  SANTABARBARA,  HYNDMAN, MOSLEY,
          McDONALD, JACOBSON,  FERNANDEZ,  SAYEGH,  COLTON,  CRUZ,  EICHENSTEIN,
          DeSTEFANO,  ORTIZ,  WOERNER,  REYES,  BARRON, LAVINE, HUNTER, BRONSON,
          MORINELLO, STERN, RAYNOR, BURKE, McDONOUGH, RODRIGUEZ, ROMEO, BUTTENS-
          CHON,  JEAN-PIERRE,  PICHARDO,  D'URSO,  WEPRIN,  DICKENS,  B. MILLER,
          JONES,  GRIFFIN, STECK, LIFTON, SOLAGES, BUCHWALD, CUSICK, M. L. MILL-
          ER, PAULIN -- Multi-Sponsored by -- M. of A. HEVESI,  LENTOL  --  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  bicycles
          with electric assist and electric scooters

          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 102-c to read as follows:
     3    § 102-c. Bicycle with electric assist. A bicycle which has an electric
     4  motor  of  less  than  seven hundred fifty watts, equipped with operable
     5  pedals, meeting the equipment and manufacturing requirements  for  bicy-
     6  cles  adopted  by the Consumer Product Safety Commission under 16 C.F.R.
     7  Part 1512.1 et seq. and meeting the requirements of one of the following
     8  three classes:
     9    (a) "Class one bicycle with electric assist." A bicycle with  electric
    10  assist  having  an electric motor that provides assistance only when the
    11  person operating such bicycle is pedaling, and that  ceases  to  provide
    12  assistance when such bicycle reaches a speed of twenty miles per hour.
    13    (b)  "Class two bicycle with electric assist." A bicycle with electric
    14  assist having an electric motor that may be used exclusively  to  propel

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11288-05-9
        A. 7431--A                          2

     1  such  bicycle, and that is not capable of providing assistance when such
     2  bicycle reaches a speed of twenty miles per hour.
     3    (c)  "Class three bicycle with electric assist."  Solely within a city
     4  having a population of one million or  more,  a  bicycle  with  electric
     5  assist  having  an electric motor that may be used exclusively to propel
     6  such bicycle, and that is not capable of providing assistance when  such
     7  bicycle reaches a speed of twenty-five miles per hour.
     8    §  2.  The  vehicle and traffic law is amended by adding a new section
     9  114-e to read as follows:
    10    § 114-e. Electric scooter. Every device weighing less than one hundred
    11  pounds that (a) has handlebars, a floorboard that can be stood  upon  by
    12  the  operator, and an electric motor, (b) can be powered by the electric
    13  motor and/or human power, and (c) has a maximum speed of  no  more  than
    14  twenty  miles  per  hour on a paved level surface when powered solely by
    15  the electric motor.
    16    § 3. Section 125 of the vehicle and traffic law, as amended by chapter
    17  365 of the laws of 2008, is amended to read as follows:
    18    § 125. Motor vehicles. Every vehicle operated or driven upon a  public
    19  highway  which  is  propelled  by  any  power other than muscular power,
    20  except (a) electrically-driven mobility assistance devices  operated  or
    21  driven  by a person with a disability, (a-1) electric personal assistive
    22  mobility devices operated outside  a  city  with  a  population  of  one
    23  million  or  more, (b) vehicles which run only upon rails or tracks, (c)
    24  snowmobiles as defined in article forty-seven of this chapter, [and] (d)
    25  all terrain  vehicles  as  defined  in  article  forty-eight-B  of  this
    26  chapter,  (e)  bicycles  with  electric assist as defined in section one
    27  hundred two-c of this article, and (f) electric scooters as  defined  in
    28  section  one  hundred  fourteen-e of this article.   For the purposes of
    29  title four of this chapter, the term motor vehicle  shall  exclude  fire
    30  and  police  vehicles other than ambulances.  For the purposes of titles
    31  four and five of this chapter the term motor vehicles shall exclude farm
    32  type tractors and all terrain type vehicles used exclusively  for  agri-
    33  cultural purposes, or for snow plowing, other than for hire, farm equip-
    34  ment,  including  self-propelled  machines  used exclusively in growing,
    35  harvesting or handling farm produce, and self-propelled  caterpillar  or
    36  crawler-type equipment while being operated on the contract site.
    37    §  4. Section 159 of the vehicle and traffic law is amended to read as
    38  follows:
    39    § 159. Vehicle. Every device in, upon, or by which any person or prop-
    40  erty is or may be transported or drawn upon a  highway,  except  devices
    41  moved  by  human  power  or  used  exclusively  upon stationary rails or
    42  tracks, bicycles with electric assist as defined in section one  hundred
    43  two-c  of  this article, and electric scooters as defined in section one
    44  hundred fourteen-e of this article.
    45    § 5. The vehicle and traffic law is amended by adding  a  new  section
    46  1242 to read as follows:
    47    §  1242.  Additional  provisions  applicable to bicycles with electric
    48  assist.  1. In addition to complying with all of the rules, regulations,
    49  and provisions applicable to bicycles contained in this  article,  bicy-
    50  cles with electric assist shall operate in a manner so that the electric
    51  motor is disengaged or ceases to function when the brakes are applied or
    52  the  rider stops pedaling, or operate in a manner such that the electric
    53  motor is engaged through a switch or mechanism that, when released, will
    54  cause the electric motor to disengage or cease to function.
    55    2. Notwithstanding the provisions of section  twelve  hundred  thirty-
    56  eight  of  this  article, no person less than sixteen years of age shall
        A. 7431--A                          3

     1  operate or ride as a passenger upon a bicycle with electric assist,  and
     2  no person sixteen years of age or older shall allow any person less than
     3  sixteen  years  of age to operate or ride as a passenger upon such bicy-
     4  cle. The provisions of subdivision seven of section twelve hundred thir-
     5  ty-eight of this article shall be applicable to this subdivision.
     6    3.  The  governing body of any city, town or village may, by local law
     7  or ordinance, further regulate the time, place and manner of the  opera-
     8  tion  of  bicycles with electric assist, and may limit, prohibit the use
     9  thereof in specified areas, or prohibit entirely  the  use  of  bicycles
    10  with electric assist within such city, town, or village.
    11    4.  (a)  No person shall operate a bicycle with electric assist on any
    12  public lands or property, other than a highway exclusive of any greenway
    13  running adjacent to or connected with a highway, except that  a  bicycle
    14  with  electric  assist  may be operated on any such lands that have been
    15  designated and posted for travel by bicycles  with  electric  assist  in
    16  accordance with the provisions of paragraph (b) of this subdivision. For
    17  the  purposes  of  this  subdivision, the term "greenway" shall have the
    18  same meaning as such term is defined by  subdivision  seven  of  section
    19  44-0103  of  the  environmental  conservation law and subdivision one of
    20  section 39.03 of the parks, recreation and historic preservation law.
    21    (b) A state agency, by regulation  or  order,  and  a  city,  town  or
    22  village, by local law or ordinance, may designate any appropriate public
    23  lands  and properties under its jurisdiction, other than highways exclu-
    24  sive of any greenway running adjacent to or connected with a highway, as
    25  a place open for travel by bicycles with electric  assist  upon  written
    26  request  for such designation by any person, and may impose restrictions
    27  and conditions for the regulation and safe operation  of  bicycles  with
    28  electric  assist  on  such  public  lands or property, such as travel on
    29  designated trails and hours of operation.
    30    5. (a) No person shall operate a bicycle with electric  assist  unless
    31  such operation is in compliance with the provisions of this chapter, and
    32  any  regulation  or  order or local law or ordinance adopted pursuant to
    33  subdivisions three and four of this section.
    34    (b) No bicycle with electric assist shall be operated on  a  sidewalk,
    35  except  as  may  be  authorized by a local law or ordinance adopted by a
    36  city, town or village having jurisdiction over such  sidewalk  including
    37  parking  on  certain  sidewalks  within  such  city,  town or village in
    38  compliance with the federal Americans with Disabilities Act of 1990,  as
    39  amended (Public Law 101-336).
    40    6.  The  operation  of  a bicycle with electric assist which meets the
    41  requirements of subdivision (c) of section one  hundred  two-c  of  this
    42  chapter  outside of a city having a population of one million or more is
    43  prohibited.
    44    7. (a) No person, firm, association  or  corporation  engaged  in  the
    45  business  of selling or leasing bicycles with electric assist shall sell
    46  or lease any bicycle with electric assist on or after  June  first,  two
    47  thousand  twenty-one unless such bicycle with electric assist has perma-
    48  nently affixed thereto, in a prominent location, a manufacturer's  label
    49  which  shall  include  the  following  information:  the  class, maximum
    50  motor-assisted speed, and motor wattage of such  bicycle  with  electric
    51  assist.  Manufacturers and distributors of bicycles with electric assist
    52  shall, by April first, two thousand twenty-one, establish a  process  by
    53  which  an owner of a bicycle with electric assist may request and obtain
    54  a manufacturer's  label  providing  the  class,  maximum  motor-assisted
    55  speed,  and motor wattage applicable to his or her bicycle with electric
        A. 7431--A                          4

     1  assist purchased prior  to  June  first,  two  thousand  twenty-one  and
     2  installation instructions, from such manufacturers and distributors.
     3    (b)  No  person  shall  operate  a bicycle with electric assist on any
     4  public highway or street in this state after June  first,  two  thousand
     5  twenty-one unless such bicycle with electric assist has affixed thereto,
     6  in  a  prominent  location,  a manufacturer's label providing the class,
     7  maximum motor-assisted speed, and motor wattage  of  such  bicycle  with
     8  electric  assist.  Any  person who violates the provisions of this para-
     9  graph shall be punished by a civil fine of  up  to  fifty  dollars.  The
    10  court  shall  waive  any  fine  for  which  a  person  who  violates the
    11  provisions of this paragraph would be liable if such person supplies the
    12  court with proof that, between the date on which he or  she  is  charged
    13  with  having  violated  this  paragraph and the appearance date for such
    14  violation, a manufacturer's label was affixed to his or her bicycle with
    15  electric assist as required by this paragraph. Provided,  however,  that
    16  such waiver of fine shall not apply to a second or subsequent conviction
    17  under this paragraph.
    18    8. A police officer shall only issue a summons for a violation of this
    19  section  by  a  person  less  than sixteen years of age to the parent or
    20  guardian of such person if the violation by such person  occurs  in  the
    21  presence  of  such  person's parent or guardian and where such parent or
    22  guardian is eighteen years of age or older. Such summons shall  only  be
    23  issued to such parent or guardian, and shall not be issued to the person
    24  less than sixteen years of age.
    25    §  6.  The  vehicle and traffic law is amended by adding a new article
    26  34-D to read as follows:
    27                                 ARTICLE 34-D
    28                       OPERATION OF ELECTRIC SCOOTERS
    29  Section 1280. Effect of regulations.
    30          1281. Traffic laws apply to persons operating electric scooters;
    31                  local laws.
    32          1282. Operating electric scooters.
    33          1283. Clinging to vehicles.
    34          1284. Riding on roadways,  shoulders,  and  lanes  reserved  for
    35                  non-motorized vehicles and devices.
    36          1285. Lamps and other equipment.
    37          1286.  Leaving  the  scene  of an incident involving an electric
    38                  scooter without reporting in the second degree.
    39          1287. Leaving the scene of an  incident  involving  an  electric
    40                  scooter without reporting in the first degree.
    41    §  1280.  Effect  of  regulations.  1. The parent of any child and the
    42  guardian of any ward shall not authorize or knowingly  permit  any  such
    43  child or ward to violate any of the provisions of this article.
    44    2. These regulations applicable to electric scooters shall apply when-
    45  ever  an  electric  scooter  is  operated upon any highway, upon private
    46  roads open to public motor vehicle traffic and upon any path  set  aside
    47  for the exclusive use of bicycles, in-line skates, electric scooters, or
    48  all.
    49    §  1281.  Traffic  laws  apply to persons operating electric scooters;
    50  local laws. 1. Every person riding an electric scooter  upon  a  roadway
    51  shall  be  granted  all of the rights and shall be subject to all of the
    52  duties applicable to the driver of a vehicle and the rider of a  bicycle
    53  by  this  title,  except  as  to special regulations in this article and
    54  except as to those provisions of this title which by  their  nature  can
    55  have no application.
        A. 7431--A                          5

     1    2.  The  governing body of any city, town or village may, by local law
     2  or ordinance, further regulate the time, place and manner of the  opera-
     3  tion  of  electric  scooters, and may limit, prohibit the use thereof in
     4  specified areas, or prohibit entirely the use of electric scooters with-
     5  in such city, town, or village.
     6    3.  No  person shall operate an electric scooter unless such operation
     7  is in compliance with the provisions of this chapter, and any regulation
     8  or order or local law or ordinance adopted pursuant to  subdivision  two
     9  of  this section or subdivision six of section twelve hundred eighty-two
    10  of this article.  The provisions of subdivision seven of section  twelve
    11  hundred thirty-eight of this title shall be applicable to this article.
    12    §  1282.  Operating electric scooters. 1. No electric scooter shall be
    13  used to carry more persons at one time than the number  for  which  such
    14  device is designed and equipped. No person operating an electric scooter
    15  shall carry any person as a passenger in a pack fastened to the operator
    16  or fastened to the electric scooter.
    17    2.  No  person  operating an electric scooter shall carry any package,
    18  bundle or article which prevents the operator from keeping at least  one
    19  hand  upon  the  handle bars or which obstructs his or her vision in any
    20  direction.
    21    3. Every person operating an electric scooter shall yield the right of
    22  way to pedestrians and motor vehicles.
    23    4. No person less than sixteen years of age shall operate or ride as a
    24  passenger upon an electric scooter, and no person sixteen years  of  age
    25  or  older shall allow any person less than sixteen years of age to oper-
    26  ate or ride as a passenger upon such scooter.  A  police  officer  shall
    27  only  issue  a  summons  for a violation of this subdivision by a person
    28  less than sixteen years of age to the parent or guardian of such  person
    29  if  the violation by such person occurs in the presence of such person's
    30  parent or guardian and where such parent or guardian is  eighteen  years
    31  of  age  or  more.   Such summons shall only be issued to such parent or
    32  guardian, and shall not be issued to the person less than sixteen  years
    33  of age.
    34    5.  No  person shall operate an electric scooter on a sidewalk, except
    35  as may be authorized by a local law or ordinance adopted by a city, town
    36  or village having jurisdiction over such sidewalk including  parking  on
    37  certain  sidewalks  within such city, town or village in compliance with
    38  the federal Americans with Disabilities Act of 1990, as amended  (Public
    39  Law 101-336).
    40    6. (a) No person shall operate an electric scooter on any public lands
    41  or  property,  other  than  a  highway exclusive of any greenway running
    42  adjacent to or connected with a highway, except that an electric scooter
    43  may be operated on any such lands that have been designated  and  posted
    44  for  travel  by  electric  scooters in accordance with the provisions of
    45  paragraph (b) of this subdivision. For the purposes of this subdivision,
    46  the term "greenway" shall have the same meaning as such term is  defined
    47  by  subdivision  seven of section 44-0103 of the environmental conserva-
    48  tion law and subdivision one of section 39.03 of the  parks,  recreation
    49  and historic preservation law.
    50    (b)  A  state  agency,  by  regulation  or  order, and a city, town or
    51  village, by local law or ordinance, may designate any appropriate public
    52  lands and properties under its jurisdiction, other than highways  exclu-
    53  sive of any greenway running adjacent to or connected with a highway, as
    54  a  place  open  for travel by electric scooters upon written request for
    55  such designation by any person, and may impose restrictions  and  condi-
    56  tions for the regulation and safe operation of electric scooters on such
        A. 7431--A                          6

     1  public  lands or property, such as travel on designated trails and hours
     2  of operation.
     3    7.  (a)  No  person,  firm,  association or corporation engaged in the
     4  business of selling or leasing electric scooters shall sell or lease any
     5  electric scooter on or after June first, two thousand twenty-one  unless
     6  such  electric  scooter  has  in  a prominent location, a manufacturer's
     7  label which shall include the following information: the maximum  motor-
     8  assisted  speed, and motor wattage of such electric scooter. Manufactur-
     9  ers and distributors of electric scooters shall,  by  April  first,  two
    10  thousand  twenty-one,  establish a process by which an owner of an elec-
    11  tric scooter may request and obtain a manufacturer's label providing the
    12  maximum motor-assisted speed, and motor wattage applicable to his or her
    13  electric scooter purchased prior to June first, two thousand  twenty-one
    14  and installation instructions, from such manufacturers and distributors.
    15    (b)  No person shall operate an electric scooter on any public highway
    16  or street in this state after June first, two thousand twenty-one unless
    17  such electric scooter has in  a  prominent  location,  a  manufacturer's
    18  label  providing  the maximum motor-assisted speed, and motor wattage of
    19  such electric scooter. Any person who violates the  provisions  of  this
    20  paragraph  shall be punished by a civil fine of up to fifty dollars. The
    21  court shall  waive  any  fine  for  which  a  person  who  violates  the
    22  provisions of this paragraph would be liable if such person supplies the
    23  court  with  proof  that, between the date on which he or she is charged
    24  with having violated this paragraph and the  appearance  date  for  such
    25  violation,  a  manufacturer's  label  was affixed to his or her electric
    26  scooter as required by this  paragraph.  Provided,  however,  that  such
    27  waiver  of  fine  shall  not  apply to a second or subsequent conviction
    28  under this paragraph.
    29    § 1283. Clinging to vehicles.  1.  No  person  operating  an  electric
    30  scooter shall attach such scooter, or himself or herself, to any vehicle
    31  being operated upon a roadway.
    32    2. No vehicle operator shall knowingly permit any person to attach any
    33  electric  scooter  or  himself  or herself to such operator's vehicle in
    34  violation of subdivision one of this section.
    35    § 1284. Riding on roadways, shoulders, and lanes reserved for  non-mo-
    36  torized vehicles and devices. 1. Upon all roadways, any electric scooter
    37  shall  be  operated either on a usable bicycle or in-line skate lane or,
    38  if a usable bicycle or in-line skate lane has not  been  provided,  near
    39  the  right-hand  curb or edge of the roadway or upon a usable right-hand
    40  shoulder in such a manner as to prevent undue interference with the flow
    41  of traffic except when preparing for a  left  turn  or  when  reasonably
    42  necessary  to  avoid  conditions  that  would make it unsafe to continue
    43  along near the right-hand curb or edge.  Conditions  to  be  taken  into
    44  consideration  include, but are not limited to, fixed or moving objects,
    45  vehicles,  bicycles,  in-line  skates,  pedestrians,  animals,   surface
    46  hazards  or  traffic lanes too narrow for a person operating an electric
    47  scooter and a vehicle to travel safely side-by-side within the lane.
    48    2. Persons operating electric  scooters  upon  a  roadway  shall  ride
    49  single  file. Persons operating electric scooters upon a shoulder, bicy-
    50  cle or in-line skate lane, or bicycle or in-line skate path intended for
    51  the use of bicycles, in-line skates or electric scooters may ride two or
    52  more abreast if sufficient space is available, except that when  passing
    53  a  vehicle, bicycle, electric personal assistive mobility device, person
    54  on in-line skates or pedestrian standing or proceeding along such shoul-
    55  der, lane or path, persons operating  electric  scooters  shall  operate
    56  such scooters single file.
        A. 7431--A                          7

     1    3.  Any person operating an electric scooter who is entering a roadway
     2  from a private road, driveway, alley or over a curb shall come to a full
     3  stop before entering the roadway.
     4    §  1285.  Lamps and other equipment. 1. Every electric scooter when in
     5  use during the period from one-half hour after sunset to  one-half  hour
     6  before  sunrise  shall  be equipped with a lamp on the front which shall
     7  emit a white light visible during hours of darkness from a  distance  of
     8  at  least five hundred feet to the front and with a red light visible to
     9  the rear for three hundred feet.
    10    2. No person shall operate an electric scooter unless such scooter  is
    11  equipped  with a bell or other device capable of giving a signal audible
    12  for a distance of at least one hundred feet,  except  that  an  electric
    13  scooter  shall  not  be  equipped  with nor shall any person use upon an
    14  electric scooter any siren or whistle.
    15    3. Every electric scooter shall be equipped with a  brake  which  will
    16  enable  the operator to make the braked wheels skid on dry, level, clean
    17  pavement.
    18    § 1286. Leaving the scene of an incident involving an electric scooter
    19  without reporting in the second degree. 1. Any person age eighteen years
    20  or older operating an electric scooter who, knowing or having  cause  to
    21  know,  that  physical  injury, as defined in subdivision nine of section
    22  10.00 of the penal law, has been caused to another person,  due  to  the
    23  operation of such electric scooter by such person, shall, before leaving
    24  the  place where such physical injury occurred, stop, and provide his or
    25  her name and residence, including  street  and  street  number,  to  the
    26  injured  party,  if  practical,  and also to a police officer, or in the
    27  event that no police officer is in the vicinity of  the  place  of  said
    28  injury,  then  such  person  shall report such incident as soon as phys-
    29  ically able to the nearest police station or judicial officer.
    30    2. Leaving the scene of an  incident  involving  an  electric  scooter
    31  without reporting in the second degree is a violation.
    32    § 1287. Leaving the scene of an incident involving an electric scooter
    33  without  reporting in the first degree. 1. Any person age eighteen years
    34  or older operating an electric scooter who, knowing or having  cause  to
    35  know,  that  serious  physical  injury, as defined in subdivision ten of
    36  section 10.00 of the penal law, has been caused to another  person,  due
    37  to  the operation of such electric scooter by such person, shall, before
    38  leaving the place where such serious physical injury occurred, stop, and
    39  provide his or her name  and  residence,  including  street  and  street
    40  number,  to  the injured party, if practical, and also to a police offi-
    41  cer, or in the event that no police officer is in the  vicinity  of  the
    42  place  of  said  injury,  then such person shall report said incident as
    43  soon as physically able to the nearest police station or judicial  offi-
    44  cer.
    45    2.  Leaving  the  scene  of  an incident involving an electric scooter
    46  without reporting in the first degree is a class B misdemeanor.
    47    § 7. Paragraph 3 of subdivision (a) of section 1642 of the vehicle and
    48  traffic law is amended to read as follows:
    49    3. The prohibition or regulation of the use of any highway by  partic-
    50  ular  vehicles  or  classes  or  types  thereof,  bicycles with electric
    51  assist, electric scooters, or devices moved by human power.
    52    § 8. This act shall take effect on the one hundred eightieth day after
    53  it shall have become a law. Effective immediately, the addition,  amend-
    54  ment and/or repeal of any rule or regulation necessary for the implemen-
    55  tation  of  this act on its effective date are authorized to be made and
    56  completed on or before such effective date.