Bill Text: NY S04580 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to operation of a three-wheeled vehicle.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2020-11-27 - tabled [S04580 Detail]
Download: New_York-2019-S04580-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4580--C 2019-2020 Regular Sessions IN SENATE March 15, 2019 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading -- recom- mitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05151-14-0S. 4580--C 2 1 Such license also shall be valid to operate a three-wheeled motor vehi- 2 cle that has a steering wheel and seating which does not require the 3 operator to straddle or sit astride, is equipped with safety belts for 4 all occupants and is manufactured to comply with federal motor vehicle 5 safety standards for motorcycles including, but not limited to, 49 6 C.F.R. part 571. 7 (vii) Class M. Such license shall be valid to operate any motorcycle, 8 or any motorcycle, other than a limited use motorcycle, towing a trail- 9 er. Such license also shall be valid to operate a three-wheeled motor 10 vehicle that has a steering wheel and seating which does not require the 11 operator to straddle or sit astride, is equipped with safety belts for 12 all occupants and is manufactured to comply with federal motor vehicle 13 safety standards for motorcycles including, but not limited to, 49 14 C.F.R. part 571. 15 § 2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and 16 traffic law, as amended by chapter 355 of the laws of 2017, is amended 17 to read as follows: 18 (b) Upon successful completion of the requirements set forth in para- 19 graph (a) of this subdivision which shall include an alcohol and drug 20 education component as described in paragraph (c) of this subdivision, a 21 "Road Rage" awareness component as described in paragraph (c-1) of this 22 subdivision and a "Work Zone Safety" awareness component as described in 23 paragraph (c-2) of this subdivision, and a "Motorcycle Safety" awareness 24 component as described in paragraph (c-3) of this subdivision the 25 commissioner shall cause the applicant to take a road test in a repre- 26 sentative vehicle of a type prescribed by the commissioner which shall 27 be appropriate to the type of license for which application is made, 28 except that the commissioner may waive the road test requirements for 29 certain classes of applicants. Provided, however, that the term "repre- 30 sentative vehicle" shall not include a three-wheeled motor vehicle that 31 has a steering wheel and seating which does not require the operator to 32 straddle or sit astride, is equipped with safety belts for all occupants 33 and is manufactured to comply with federal motor vehicle safety stand- 34 ards for motorcycles including, but not limited to, 49 C.F.R. part 571. 35 The commissioner shall have the power to establish a program to allow 36 persons other than employees of the department to conduct road tests in 37 representative vehicles when such tests are required for applicants to 38 obtain a class A, B or C license. If she chooses to do so, she shall set 39 forth her reasons in writing and conduct a public hearing on the matter. 40 She shall only establish such a program after holding the public hear- 41 ing. 42 § 3. Paragraph (b) of subdivision 4 of section 502 of the vehicle and 43 traffic law, as amended by chapter 513 of the laws of 2019, is amended 44 to read as follows: 45 (b) Upon successful completion of the requirements set forth in para- 46 graph (a) of this subdivision which shall include an alcohol and drug 47 education component as described in paragraph (c) of this subdivision, a 48 "Road Rage" awareness component as described in paragraph (c-1) of this 49 subdivision and a "Work Zone Safety" awareness component as described in 50 paragraph (c-2) of this subdivision, a "Motorcycle Safety" awareness 51 component as described in paragraph (c-3) of this subdivision, and a 52 "School Bus Safety" awareness component as described in paragraph (c-4) 53 of this subdivision the commissioner shall cause the applicant to take a 54 road test in a representative vehicle of a type prescribed by the 55 commissioner which shall be appropriate to the type of license for which 56 application is made, except that the commissioner may waive the roadS. 4580--C 3 1 test requirements for certain classes of applicants. Provided, however, 2 that the term "representative vehicle" shall not include a three-wheeled 3 motor vehicle that has a steering wheel and seating which does not 4 require the operator to straddle or sit astride, is equipped with safety 5 belts for all occupants and is manufactured to comply with federal motor 6 vehicle safety standards for motorcycles including, but not limited to, 7 49 C.F.R. part 571. The commissioner shall have the power to establish a 8 program to allow persons other than employees of the department to 9 conduct road tests in representative vehicles when such tests are 10 required for applicants to obtain a class A, B or C license. If she 11 chooses to do so, she shall set forth her reasons in writing and conduct 12 a public hearing on the matter. She shall only establish such a program 13 after holding the public hearing. 14 § 4. This act shall take effect immediately; provided, however, that 15 if chapter 513 of the laws of 2019 shall not have taken effect on or 16 before such date then section three of this act shall take effect on the 17 same date and in the same manner as such chapter of the laws of 2019, 18 takes effect.
