Bill Text: NY A08471 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes new classes of vehicle driver's licenses for low velocity electric vehicles; establishes a low velocity electric vehicle operator's safety manual, test requirement, purchase requirements and registration requirement; relates to requiring instruction in low velocity electric vehicles safety as part of the drivers pre-licensing course; requires liability insurance for low velocity electric vehicles in cities having a population of one million or more.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to transportation [A08471 Detail]

Download: New_York-2023-A08471-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8471

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 29, 2023
                                       ___________

        Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
          Committee on Transportation

        AN ACT to amend the vehicle and traffic law, in relation to establishing
          new classes of vehicle driver's licenses  for  low  velocity  electric
          vehicles;  to amend the vehicle and traffic law, in relation to estab-
          lishing a low velocity electric vehicle operator's safety manual  test
          requirement,  purchase  requirements  and registration requirement; to
          amend the vehicle and traffic law, in relation to  requiring  instruc-
          tion  in  low velocity electric vehicles safety as part of the drivers
          pre-licensing course; and to amend the vehicle and traffic law and the
          insurance law, in relation to requiring liability  insurance  for  low
          velocity  electric  vehicles  in  cities  having  a  population of one
          million or more

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

     1    Section  1.    Paragraph  (a) of   subdivision 2 of section 501 of the
     2  vehicle and traffic law is amended by adding two new subparagraphs  (ix)
     3  and (x) to read as follows:
     4    (ix)  Class S. Such license shall be valid to operate any low velocity
     5  electric vehicle as defined in section three hundred  ninety-nine-aa  of
     6  this chapter by a person over eighteen years of age.
     7    (x)  Class SJ. Such license shall be valid to operate any low velocity
     8  electric vehicle as defined in section three hundred  ninety-nine-aa  of
     9  this  chapter  by a person over sixteen years of age, but under eighteen
    10  years of age. Such license shall automatically become a class S  license
    11  when the holder becomes eighteen years of age.
    12    §  2. Paragraph (d) of subdivision 2 of section 501 of the vehicle and
    13  traffic law, as added by chapter 173 of the laws of  1990,  subparagraph
    14  (i)  as amended by chapter 36 of the laws of 2009, is amended to read as
    15  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13543-02-3

        A. 8471                             2

     1    (d) Exceptions. (i) Notwithstanding the foregoing provisions  of  this
     2  subdivision,  a  motor  vehicle or combination of vehicles, other than a
     3  motorcycle, that is (A) a military vehicle operated by a member  of  the
     4  armed  forces, or (B) a police vehicle or fire vehicle during its use in
     5  an  emergency  operation as defined in section one hundred fourteen-b of
     6  this chapter, or in the performance of official  duties,  or  activities
     7  related to the execution of emergency governmental functions pursuant to
     8  section  383.3 (d)(2) of title 49 of the code of federal regulations, or
     9  (C) a vehicle owned and identified as being owned  by  the  state  or  a
    10  political  subdivision  thereof  or  an  ambulance service as defined in
    11  subdivision two of section three thousand one of the public  health  law
    12  or a voluntary ambulance service as defined in subdivision three of such
    13  section  and  used  to  provide  emergency medical service as defined in
    14  section three thousand one of the public health law, or to perform offi-
    15  cial duties, or activities related to the execution of emergency govern-
    16  mental functions pursuant to section 383.3 (d)(2) of  title  49  of  the
    17  code  of  federal  regulations,  may  be operated with any class license
    18  other than a class DJ, M [or], MJ, S or SJ license. For the purposes  of
    19  this  paragraph  the  term  "member  of  the armed forces" shall include
    20  active duty military personnel; members of the reserve components of the
    21  armed forces; members of the national guard on  active  duty,  including
    22  personnel  on  full  time  active  guard  duty,  personnel  on part-time
    23  national guard training, and national guard military technicians (civil-
    24  ians who are required to wear military uniforms); and active duty United
    25  States coast guard personnel. The term shall not include  United  States
    26  reserve  technicians.  Notwithstanding  the  provisions  of  section one
    27  hundred fourteen-b of this chapter, for the purposes  of  this  subpara-
    28  graph, the term "emergency operation" shall include returning from emer-
    29  gency service.
    30    (ii)  Notwithstanding  the foregoing provisions of this subdivision, a
    31  motor vehicle or combination of vehicles which is designed and primarily
    32  used for purposes other than the transportation of persons  or  property
    33  which is excluded from the definition of commercial motor vehicle pursu-
    34  ant  to the provisions of subparagraph (iv) of paragraph (a) of subdivi-
    35  sion four of section five hundred one-a of this chapter may be  operated
    36  with  any  class  license  other  than  a  class DJ, M [or], MJ, S or SJ
    37  license.
    38    § 3. Section 501 of the vehicle and traffic law is amended by adding a
    39  new subdivision 3-a to read as follows:
    40    3-a. Restrictions  on  use  of  class  SJ  licenses.  Subject  to  the
    41  provisions  of  paragraphs  (b)  and (c) of subdivision three of section
    42  twelve hundred forty-two of this chapter, any municipality may, by local
    43  law or ordinance, further regulate the time, place  and  manner  of  the
    44  operation  of  low  velocity  vehicles,  including,  but not limited to,
    45  requiring the use of protective headgear, and  the  wearing  of  readily
    46  visible  reflective  clothing  or  material by operators of low velocity
    47  vehicles, and may limit, prohibit the use thereof in specified areas, or
    48  prohibit entirely the use of low velocity vehicles within  such  munici-
    49  pality,  provided  that  adequate  signage is visibly posted outside the
    50  boundaries of such prohibited areas.
    51    § 4. Subdivision 4 of section 501 of the vehicle and traffic  law,  as
    52  amended  by  chapter  403  of  the  laws  of 2009, is amended to read as
    53  follows:
    54    4. Probationary licenses. Any driver's license, other than a class  DJ
    55  [and],  class  MJ and class SJ license, shall be considered probationary
    56  until the expiration of six months following the date of issuance there-

        A. 8471                             3

     1  of, and thereafter as provided in section five  hundred  ten-b  of  this
     2  title,  but  this  subdivision shall not apply to renewals of a license,
     3  or, unless so provided by the commissioner, to a  license  for  which  a
     4  road test has been waived by the commissioner.
     5    § 5. Section 510-b of the vehicle and traffic law is amended by adding
     6  a new subdivision 5 to read as follows:
     7    5.  The  holder of a class S or class SJ license shall not be eligible
     8  to operate any other vehicle unless such holder has a current, valid New
     9  York class A, B, C, D, DJ, E, M, or MJ license.
    10    § 6. Subdivision 2 of section 502 of the vehicle and  traffic  law  is
    11  amended by adding a new paragraph (e) to read as follows:
    12    (e)  An  applicant  for  a  class SJ license shall be at least sixteen
    13  years of age and such applicant must submit written consent to the issu-
    14  ance of such license by the applicant's parent or guardian.
    15    § 7. The vehicle and traffic law is amended by adding  a  new  article
    16  12-E to read as follows:
    17                                ARTICLE 12-E
    18          LOW VELOCITY ELECTRIC VEHICLE SAFETY EDUCATION, LICENSING
    19                              AND REQUIREMENTS
    20  Section 399-aa. Definitions.
    21          399-bb. Applicability.
    22          399-cc. Low velocity electric vehicle operator's safety manual.
    23          399-dd. License for the operation of low velocity electric vehi-
    24                    cles.
    25          399-ee. Rules and regulations.
    26          399-ff.  Liability insurance.
    27          399-gg. Purchase requirements.
    28    § 399-aa. Definitions.   As used in this article, a low velocity elec-
    29  tric vehicle includes an electric scooter as described in section twelve
    30  hundred eighty-two of this chapter, a bicycle with  electric  assist  as
    31  described  in section twelve hundred forty-two of this chapter, an elec-
    32  tric unicycle and a hoverboard.
    33    § 399-bb. Applicability. The provisions of section three hundred nine-
    34  ty-nine-dd of this article shall not  apply  to  any  person  holding  a
    35  current, valid New York class A, B, C, D, DJ, E, M, or MJ license.
    36    § 399-cc. Low velocity electric vehicle operator's safety manual.  The
    37  commissioner  shall  develop and publish a safety manual for the use and
    38  operation of low velocity electric vehicles that shall be available  for
    39  distribution  and  accessible  on  the  department's website. The manual
    40  shall include but not be limited to the following:
    41    (a) an overview of traffic laws governing low velocity electric  vehi-
    42  cles;
    43    (b) the safe operation of low velocity electric vehicles;
    44    (c)  bicycle  lanes  as  defined  in section one hundred two-a of this
    45  chapter; and
    46    (d) obligations to comply with traffic control  devices  and  markings
    47  related to low velocity electric vehicles and pedestrians.
    48    § 399-dd. License for the operation of low velocity electric vehicles.
    49  1.  Upon successful comprehension of the low velocity electric vehicle's
    50  safety manual and the passage of a written test in a form prescribed  by
    51  the commissioner:
    52    (a)  a  resident over the age of eighteen may then make an application
    53  to receive a class S license for the operation of a low  velocity  elec-
    54  tric vehicle; and

        A. 8471                             4

     1    (b)  a resident over the age of sixteen, but under the age of eighteen
     2  may then make an application to receive a class SJ license for the oper-
     3  ation of a low velocity electric vehicle.
     4    2.  (a) An application for a class S or class SJ license shall be made
     5  to the commissioner and shall require an applicant to furnish  proof  of
     6  identity, age, fitness and any other information required by the commis-
     7  sioner,  including  proof  of parental consent if the applicant is under
     8  the age of eighteen.  Such application may also require  a  photographic
     9  image of the applicant and a vision test.
    10    (b)  A nominal fee may be prescribed by the commissioner for the issu-
    11  ance, renewal or amendment of a license.
    12    (c) A license shall be valid from the date of issuance until a date of
    13  expiration as determined by the commissioner.
    14    (d) Operation of a low velocity electric vehicle is prohibited by  any
    15  person  without a class S or class SJ license. An owner or operator of a
    16  low velocity electric vehicle who violates the provisions of this  para-
    17  graph  shall  be liable for a fine of up to one thousand dollars and may
    18  have the low velocity electric vehicle confiscated, following a hearing.
    19    § 399-ee. Rules and regulations.  The  commissioner  shall  promulgate
    20  such rules and regulations as are necessary to effectuate the provisions
    21  of this article. In addition to any requirements expressly authorized by
    22  this  article,  such regulations may include but not be limited to vali-
    23  dating that a person has  read  and  comprehends  the  department's  low
    24  velocity  electric  vehicle operator's safety manual and may provide for
    25  the development of a written test as provided in section  three  hundred
    26  ninety-nine-dd of this article.
    27    §  399-ff.  Liability  insurance.  1.  A low velocity electric vehicle
    28  which is operated anywhere in a city having a population of one  million
    29  or  more, other than on lands of the owner of such low velocity electric
    30  vehicle, shall be covered by a policy of insurance, in such language and
    31  form as shall be determined and established  by  the  superintendent  of
    32  financial  services,  issued  by  an  insurance carrier authorized to do
    33  business in this state. Such policy shall provide for coverages required
    34  of an owner's policy of liability insurance as set  forth  in  paragraph
    35  (a) of subdivision four of section three hundred eleven of this chapter.
    36  In  lieu of such insurance coverage as hereinabove provided, the commis-
    37  sioner, in his or her discretion and upon application of a  governmental
    38  agency  having  registered in its name one or more low velocity electric
    39  vehicles, may waive the requirement of insurance by a private  insurance
    40  carrier  and  issue  a  certificate of self-insurance, when he or she is
    41  satisfied that such governmental agency is possessed of financial abili-
    42  ty to respond to judgments obtained  against  it,  arising  out  of  the
    43  ownership,  use or operation of such low velocity electric vehicles. The
    44  commissioner may also waive the requirement of insurance  by  a  private
    45  insurance  carrier and issue a certificate of self-insurance upon appli-
    46  cation of any person or any other corporation, having registered in  its
    47  name, one or more low velocity electric vehicles and furnishing of proof
    48  that  a  certificate  of self-insurance has been issued and is in effect
    49  pursuant to the provisions of section  three  hundred  sixteen  of  this
    50  chapter.
    51    2.  Proof  of  insurance as required by this section shall be produced
    52  and displayed by the owner or operator of  such  low  velocity  electric
    53  vehicle upon the request of any magistrate or any person having authori-
    54  ty  to  enforce  the  provisions of this chapter. The failure to produce
    55  such proof upon the request of any such person shall not be  an  offense

        A. 8471                             5

     1  but  shall be presumptive evidence that such low velocity electric vehi-
     2  cle is being operated without having such insurance in force and effect.
     3    3.  Proof  of  insurance as required by this section shall be produced
     4  and displayed by the owner or operator of  such  low  velocity  electric
     5  vehicle to any person who has suffered or claims to have suffered either
     6  personal  injury or property damage as a result of the operation of such
     7  low velocity electric vehicle by the owner or operator, if  such  insur-
     8  ance coverage was required under the circumstances of such operation. It
     9  shall  be  an  affirmative defense to any prosecution for a violation of
    10  this subdivision that such proof was so  produced  or  displayed  within
    11  twenty-four hours of injury or damage.
    12    4. No owner of a low velocity electric vehicle shall operate or permit
    13  the  same  to  be operated anywhere in this state other than on lands of
    14  the owner of the low velocity electric vehicle without  having  in  full
    15  force  and  effect  the  liability  insurance  coverage required by this
    16  section, and no person shall operate a  low  velocity  electric  vehicle
    17  anywhere  in  this  state  other  than  on lands of the owner of the low
    18  velocity electric vehicles with the knowledge that such insurance is not
    19  in full force and effect.
    20    5. An owner or operator of a low velocity electric  vehicle  operating
    21  such without insurance as required by this section shall be liable for a
    22  fine  of  up to one thousand dollars and may have the low velocity elec-
    23  tric vehicle confiscated by the city, following a hearing.
    24    § 399-gg. Purchase requirements. 1. No person shall purchase  any  low
    25  velocity  electric  vehicle, through an online or in-person transaction,
    26  unless such person holds a valid license to operate a low velocity elec-
    27  tric vehicle pursuant to section three hundred  ninety-nine-dd  of  this
    28  article,  and, in a city having a population of one million or more, has
    29  obtained and maintains valid  insurance  coverage  pursuant  to  section
    30  three hundred ninety-nine-ff of this article.
    31    2.  No  dealer  shall  sell  or offer for retail sale any low velocity
    32  electric vehicle, through an online or in-person transaction, until such
    33  dealer receives proof that the purchaser of the  low  velocity  electric
    34  vehicle  holds  a valid license to operate a low velocity electric vehi-
    35  cle, and, in a city having a population of  one  million  or  more,  has
    36  obtained  and  maintains  valid  insurance  coverage pursuant to section
    37  three hundred ninety-nine-ff of this article.
    38    3. A person who violates the provisions of  subdivision  one  of  this
    39  section  shall  be  subject  to a fine of up to five hundred dollars per
    40  violation. A dealer who violates the provisions of  subdivision  two  of
    41  this  section  shall  be subject to a fine of up to one thousand dollars
    42  per violation.
    43    § 8. The vehicle and traffic law is amended by adding  a  new  section
    44  401-c to read as follows:
    45    §  401-c. Registration of low velocity electric vehicles. 1. Every low
    46  velocity electric vehicle as defined in section  three  hundred  ninety-
    47  nine-aa  of  this chapter shall be registered and issued a license plate
    48  by the department. No person shall operate a low velocity electric vehi-
    49  cle on the public highways unless such  low  velocity  electric  vehicle
    50  shall have a distinctive number assigned to it by the commissioner and a
    51  number  plate  issued by the commissioner with a number corresponding to
    52  that of the certificate of registration.
    53    2. Such license plates shall be of such  material,  form,  design  and
    54  dimensions  and contain or set forth such distinguishing number or other
    55  identification marks as  the  commissioner  shall  prescribe,  provided,
    56  however,  that there shall be at all times a marked contrast between the

        A. 8471                             6

     1  color of the number plates and that of the numerals or letters  thereon,
     2  and provided further that no low velocity electric vehicle shall display
     3  the  number plates of more than one state at a time, nor shall any plate
     4  be used other than those issued by the commissioner.
     5    3.  Each  such  license  plate shall identify whether the low velocity
     6  electric vehicle is personal or commercial in nature.
     7    4. Each such license plate shall be  conspicuously  displayed  on  the
     8  rear  of  the  low velocity electric vehicle, securely fastened so as to
     9  prevent the same from swinging.
    10    5. The fee for such license plates shall be a nominal  fee  determined
    11  by the commissioner.
    12    §  9.  The  vehicle and traffic law is amended by adding a new section
    13  1225-e to read as follows:
    14    § 1225-e. Operating a low velocity electric vehicle on  sidewalks.  No
    15  person  shall  operate  a  low  velocity electric vehicle on or across a
    16  sidewalk, except that  a low velocity electric vehicle  may  be operated
    17  at  a reasonable  speed, but not more than five miles per  hour,  on  or
    18  across a sidewalk in such manner as not to interfere with the safety and
    19  passage of  pedestrians thereon, who  shall  have the right of way, when
    20  it  is  reasonable  and  necessary  to  gain access to a public highway,
    21  private way or lands or  buildings adjacent to such highway or way.  Any
    22  person violating the provisions of this section shall  be  guilty  of  a
    23  violation and shall be subject to a fine of up to three hundred dollars.
    24    §  10.  Subdivision 1 of section 504 of the vehicle and traffic law is
    25  amended by adding a new paragraph (a-2) to read as follows:
    26    (a-2) Every license or renewal thereof issued to an applicant who  has
    27  a  class S or class SJ license for the operation of a low velocity elec-
    28  tric vehicle and after submission of proof as set forth  in  this  para-
    29  graph  shall  contain a distinguishing mark, in such form as the commis-
    30  sioner  shall  determine,  indicating  that  he  or  she  has  read  and
    31  comprehends  the  low velocity electric vehicle operator's safety manual
    32  and has passed a written test in a form determined by the  commissioner.
    33  Such proof shall consist of a license for the operation of a low veloci-
    34  ty  electric  vehicle that is provided pursuant to section three hundred
    35  ninety-nine-dd of this chapter. The commissioner shall not require  fees
    36  for  the  issuance of such licenses or renewals thereof containing a low
    37  velocity electric vehicle operator's safety manual comprehension distin-
    38  guishing  mark  which  are  different  from  fees  otherwise   required;
    39  provided,  however, that notwithstanding the provisions of this section,
    40  the commissioner shall not require fees for a duplication  or  amendment
    41  of  a  license prior to its renewal if such duplication or amendment was
    42  solely for the purpose of adding a low velocity electric vehicle  opera-
    43  tor's safety manual comprehension distinguishing mark to such license.
    44    §  11.  The vehicle and traffic law is amended by adding a new section
    45  1290 to read as follows:
    46    § 1290. Operation of an  electric  scooter  is  prohibited  without  a
    47  license. No person shall operate an electric scooter on a public roadway
    48  in  a  city with a population of one million or more unless the operator
    49  is a holder of a license for the operation of a  low  velocity  electric
    50  vehicle  issued to him or her pursuant to article twelve-E of this chap-
    51  ter.
    52    § 12. Paragraphs (a), (b) and (d) of subdivision 4 of section  502  of
    53  the  vehicle and traffic law, paragraph (a) as amended by chapter 585 of
    54  the laws of 2002, subparagraph (i) of paragraph (a) and  paragraphs  (b)
    55  and (d) as amended by chapter 379 of the laws of 2022, are amended and a
    56  new paragraph (c-6) is added to read as follows:

        A. 8471                             7

     1    (a)  (i) Upon submission of an application for a driver's license, the
     2  applicant shall be required to take and pass a test, or submit  evidence
     3  of  passage of a test, with respect to the laws relating to traffic, the
     4  laws relating to driving while ability is impaired and while  intoxicat-
     5  ed,  under the overpowering influence of "Road Rage", "Work Zone Safety"
     6  awareness, "Motorcycle Safety" awareness, "Low Velocity Electric Vehicle
     7  Safety" awareness, and "Pedestrian and Bicyclist  Safety"  awareness  as
     8  defined  by  the  commissioner,  "School  Bus Safety" awareness, the law
     9  relating to exercising due  care  to  avoid  colliding  with  a  parked,
    10  stopped  or  standing  authorized  emergency  vehicle  or hazard vehicle
    11  pursuant to section eleven hundred forty-four-a  of  this  chapter,  the
    12  ability  to read and comprehend traffic signs and symbols and such other
    13  matters  as  the  commissioner  may  prescribe,  and  to  satisfactorily
    14  complete  a  course prescribed by the commissioner of not less than four
    15  hours and not more than  five  hours,  consisting  of  classroom  driver
    16  training  and highway safety instruction or the equivalent thereof. Such
    17  test shall include at  least  seven  written  questions  concerning  the
    18  effects of consumption of alcohol or drugs on the ability of a person to
    19  operate a motor vehicle and the legal and financial consequences result-
    20  ing  from  violations of section eleven hundred ninety-two of this chap-
    21  ter, prohibiting the operation of a motor vehicle while under the influ-
    22  ence of alcohol or drugs. Such test shall include one  or  more  written
    23  questions concerning the devastating effects of "Road Rage" on the abil-
    24  ity  of  a person to operate a motor vehicle and the legal and financial
    25  consequences resulting from assaulting, threatening or interfering  with
    26  the  lawful  conduct  of  another person legally using the roadway. Such
    27  test shall include  one  or  more  questions  concerning  the  potential
    28  dangers  to persons and equipment resulting from the unsafe operation of
    29  a motor vehicle in a work zone.  Such test may include one or more ques-
    30  tions concerning motorcycle safety. Such test may include  one  or  more
    31  questions  concerning the law for exercising due care to avoid colliding
    32  with a parked, stopped or standing vehicle pursuant  to  section  eleven
    33  hundred  forty-four-a  of  this  chapter. Such test shall include one or
    34  more questions concerning how to safely operate a low velocity  electric
    35  vehicle  on the road and one or more questions concerning the dangers of
    36  motor vehicles to bicyclists and pedestrians and one or  more  questions
    37  concerning  the  traffic  laws governing low velocity electric vehicles.
    38  Such test may include one or more questions concerning school bus  safe-
    39  ty.  Such  test  may include one or more questions concerning pedestrian
    40  and bicyclist safety. Such test shall be administered by the commission-
    41  er. The commissioner shall cause the applicant to take a vision test and
    42  a test for color blindness. Upon passage of the vision test, the  appli-
    43  cation may be accepted and the application fee shall be payable.
    44    (ii)  The  commissioner  shall promulgate rules and regulations estab-
    45  lishing eligibility standards for the taking and  passing  of  knowledge
    46  tests in other than written form.
    47    (b)  Upon successful completion of the requirements set forth in para-
    48  graph (a) of this subdivision which shall include an  alcohol  and  drug
    49  education component as described in paragraph (c) of this subdivision, a
    50  "Road  Rage" awareness component as described in paragraph (c-1) of this
    51  subdivision, a "Work Zone Safety" awareness component  as  described  in
    52  paragraph  (c-2)  of  this  subdivision, a "Motorcycle Safety" awareness
    53  component as described in paragraph (c-3) of this subdivision, a "School
    54  Bus Safety" awareness component as described in paragraph (c-4) of  this
    55  subdivision,  [and] a "Pedestrian and Bicyclist Safety" awareness compo-
    56  nent as described in paragraph (c-5) of this  subdivision,  and  a  "Low

        A. 8471                             8

     1  Velocity  Electric  Vehicle  Safety" awareness component as described in
     2  paragraph (c-6) of this subdivision, the commissioner  shall  cause  the
     3  applicant  to  take  a  road  test in a representative vehicle of a type
     4  prescribed by the commissioner which shall be appropriate to the type of
     5  license  for which application is made, except that the commissioner may
     6  waive the road test requirements  for  certain  classes  of  applicants.
     7  Provided,  however,  that  the  term  "representative vehicle" shall not
     8  include a three-wheeled motor vehicle that has two  wheels  situated  in
     9  the  front and one wheel in the rear, has a steering mechanism and seat-
    10  ing which does not require the operator to straddle or sit  astride,  is
    11  equipped  with  safety  belts  for  all occupants and is manufactured to
    12  comply with federal  motor  vehicle  safety  standards  for  motorcycles
    13  including,  but  not  limited  to,  49 C.F.R. part 571. The commissioner
    14  shall have the power to establish a program to allow persons other  than
    15  employees  of  the  department  to  conduct road tests in representative
    16  vehicles when such tests are required for applicants to obtain  a  class
    17  A,  B  or  C  license.  If she chooses to do so, she shall set forth her
    18  reasons in writing and conduct a public hearing on the matter. She shall
    19  only establish such a program after holding the public hearing.
    20    (c-6) "Low Velocity Electric Vehicle Safety" awareness component.  (i)
    21  The commissioner shall provide in the pre-licensing course, set forth in
    22  paragraph (b) of this subdivision, a mandatory component in "Low Veloci-
    23  ty  Electric  Vehicle  Safety" awareness education as a prerequisite for
    24  obtaining a license to operate a  motor  vehicle.  The  purpose  of  the
    25  component  is  to educate prospective licensees on the potential dangers
    26  to pedestrians, bicyclists, and scooter operators created by motor vehi-
    27  cles. The purpose is also to educate low velocity electric vehicle oper-
    28  ators on their responsibilities to adhere to traffic laws.
    29    (ii) The curriculum shall include, but shall not  be  limited  to,  an
    30  overview  of  traffic laws governing low velocity electric vehicles, the
    31  safe operation of low velocity electric vehicles, an overview of traffic
    32  laws governing motor vehicle operators' duty to exercise due  care  with
    33  respect  to  pedestrians  and  bicyclists,  including but not limited to
    34  understanding bicyclists' and pedestrians' needs and reduced visibility,
    35  respecting bicyclists' and pedestrians' rights of  way,  safe  operation
    36  near  bicyclists  and  pedestrians,  including children and blind, deaf,
    37  elderly and disabled pedestrians, bicycle lanes as  defined  in  section
    38  one  hundred  two-a  of  this  chapter, safely overtaking a bicycle, the
    39  dangers of distracted driving, driving  at  appropriate  reduced  speeds
    40  when  special hazards exist with respect to pedestrians or other weather
    41  or highway conditions, safely turning, stopping, standing, and  parking,
    42  motor  vehicle  operators' obligations to comply with article twenty-two
    43  of this chapter, and traffic control devices and markings related to low
    44  velocity electric vehicle operators and pedestrians.
    45    (iii) In developing such curriculum, the  commissioner  shall  consult
    46  with the commissioner of transportation, the superintendent of the state
    47  police,  the  commissioners  of transportation and police of the city of
    48  New York, medical professionals and pedestrian safety advocates.
    49    (d) The commissioner shall make available for distribution upon regis-
    50  tration at each location where the pre-licensing course will  be  given,
    51  instructional  handbooks  outlining the content of the entire curriculum
    52  of the pre-licensing course including the  information  required  to  be
    53  included  in the course pursuant to paragraphs (c), (c-1), (c-2), (c-3),
    54  (c-4) [and], (c-5) and (c-6) of this subdivision. The commissioner shall
    55  also provide for the additional training of  the  instructors  necessary
    56  for  the  competent instruction of the alcohol and drug education, "Road

        A. 8471                             9

     1  Rage" awareness,  "Work  Zone  Safety"  awareness,  "Motorcycle  Safety"
     2  awareness, "Low Velocity Electric Vehicle Safety" awareness, "School Bus
     3  Safety"  awareness  and  "Pedestrian  and  Bicyclist  Safety"  awareness
     4  subject matters of the pre-licensing course.
     5    §  13. Subsection (f) of section 5103 of the insurance law, as amended
     6  by chapter 402 of the laws of 1986, is amended to read as follows:
     7    (f)  Every  owner's  policy  of  liability  insurance  issued   on   a
     8  motorcycle, a low velocity electric vehicle or an all terrain vehicle in
     9  satisfaction  of the requirements of article six or eight of the vehicle
    10  and traffic law, section twelve  hundred  ninety-one  of  such  law,  or
    11  section  twenty-four  hundred  seven of such law shall also provide for;
    12  every owner who maintains another form of financial security on a motor-
    13  cycle, a low velocity electric vehicle or  an  all  terrain  vehicle  in
    14  satisfaction  of the requirements of such articles or [section] sections
    15  shall be liable for; and every owner of a  motorcycle,  a  low  velocity
    16  electric vehicle or an all terrain vehicle required to be subject to the
    17  provisions  of  this article by subdivision two of section three hundred
    18  twenty-one of such law shall be liable for; the payment of  first  party
    19  benefits  to persons, other than the occupants of such motorcycle, a low
    20  velocity electric vehicle or all terrain vehicle, another motorcycle,  a
    21  low velocity electric vehicle or all terrain vehicle, or any motor vehi-
    22  cle,  for  loss arising out of the use or operation of the motorcycle, a
    23  low velocity electric vehicle or all terrain vehicle within this  state.
    24  Every insurer and self-insurer may exclude from the coverage required by
    25  this  subsection  a person who intentionally causes his own injury or is
    26  injured while committing an act which would constitute a felony or while
    27  seeking to avoid lawful apprehension or  arrest  by  a  law  enforcement
    28  officer.
    29    §  14.  This  act  shall  take effect on the one hundred eightieth day
    30  after it shall have become a law. Effective immediately,  the  addition,
    31  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    32  implementation of this act on its effective date are  authorized  to  be
    33  made and completed on or before such date.
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