Bill Text: NY S05158 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes a bicycle and electric scooter operator's safety manual; provides for the issuance of a license for residents who successfully read and comprehend the operator's safety manual; requires residents who operate an electric scooter in New York City to have a license to operate such devices; requires instruction in electric scooter safety as part of the drivers pre-licensing course; requires liability insurance for electric scooters in cities having a population of one million or more; and prohibits the sale of an electric scooter to a purchaser unless the purchaser has a license to operate the electric scooter and has insurance in a city having a population of one million or more.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S05158 Detail]
Download: New_York-2023-S05158-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5158 2023-2024 Regular Sessions IN SENATE February 23, 2023 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to establishing an electric scooter operator's safety manual and licensing require- ment; to amend the vehicle and traffic law, in relation to requiring instruction in electric scooter safety as part of the drivers pre-li- censing course; to amend the vehicle and traffic law and the insurance law, in relation to requiring liability insurance for electric scoot- ers in cities having a population of one million or more; and to amend the vehicle and traffic law, in relation to requirements for the sale and purchase of 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 article 12-E to read as follows: 3 ARTICLE 12-E 4 ELECTRIC SCOOTER SAFETY EDUCATION COURSE AND LICENSE 5 Section 399-aa. Electric scooter operator's safety manual. 6 399-bb. License for the operation of an electric scooter. 7 399-cc. Rules and regulations. 8 § 399-aa. Electric scooter operator's safety manual. The commissioner 9 shall develop and publish an electric scooter operator's safety manual 10 that shall be available for distribution and accessible on the depart- 11 ment's website. The manual shall include but not be limited to the 12 following: 13 (a) an overview of traffic laws governing electric scooters; 14 (b) the safe operation of electric scooters; 15 (c) bicycle lanes as defined in section one hundred two-a of this 16 chapter; and 17 (d) obligations to comply with traffic control devices and markings 18 related to electric scooter operators and pedestrians. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09481-01-3S. 5158 2 1 § 399-bb. License for the operation of an electric scooter. 1. Upon 2 successful comprehension of the electric scooter operator's safety manu- 3 al, a resident may then make an application to receive a license for the 4 operation of an electric scooter. 5 2. (a) An application for such license shall be made to the commis- 6 sioner and shall require an applicant to furnish proof of identity, age, 7 fitness and any other information required by the commissioner. Such 8 application may also require a photographic image of the applicant. 9 (b) A nominal fee may be prescribed by the commissioner for the issu- 10 ance, renewal or amendment of a license. 11 (c) A license shall be valid from the date of issuance until a date of 12 expiration as determined by the commissioner. 13 § 399-cc. Rules and regulations. The commissioner shall promulgate 14 such rules and regulations as are necessary to effectuate the provisions 15 of this article. In addition to any requirements expressly authorized by 16 this article, such regulations may include but not be limited to vali- 17 dating that a person has read and comprehends the department's electric 18 scooter operator's safety manual. 19 § 2. Subdivision 1 of section 504 of the vehicle and traffic law is 20 amended by adding a new paragraph (a-2) to read as follows: 21 (a-2) Every license or renewal thereof issued to an applicant who has 22 a license for the operation of an electric scooter and after submission 23 of proof as set forth in this paragraph shall contain a distinguishing 24 mark, in such form as the commissioner shall determine, indicating that 25 he or she has read and comprehends the electric scooter operator's safe- 26 ty manual. Such proof shall consist of a license for the operation of 27 an electric scooter that is provided pursuant to section three hundred 28 ninety-nine-bb of this chapter. The commissioner shall not require fees 29 for the issuance of such licenses or renewals thereof containing an 30 electric scooter operator's safety manual comprehension distinguishing 31 mark which are different from fees otherwise required; provided, howev- 32 er, that notwithstanding the provisions of this section, the commission- 33 er shall not require fees for a duplication or amendment of a license 34 prior to its renewal if such duplication or amendment was solely for the 35 purpose of adding an electric scooter operator's safety manual compre- 36 hension distinguishing mark to such license. 37 § 3. The vehicle and traffic law is amended by adding a new section 38 1290 to read as follows: 39 § 1290. Operation of an electric scooter is prohibited without a 40 license. No person shall operate an electric scooter on a public roadway 41 in a city with a population of one million or more unless the operator 42 is a holder of a license for the operation of an electric scooter issued 43 to him or her pursuant to article twelve-E of this chapter. 44 § 4. Paragraphs (a), (b) and (d) of subdivision 4 of section 502 of 45 the vehicle and traffic law, paragraph (a) as amended by chapter 585 of 46 the laws of 2002, subparagraph (i) of paragraph (a) and paragraphs (b) 47 and (d) as amended by chapter 379 of the laws of 2022, are amended and a 48 new paragraph (c-6) is added to read as follows: 49 (a) (i) Upon submission of an application for a driver's license, the 50 applicant shall be required to take and pass a test, or submit evidence 51 of passage of a test, with respect to the laws relating to traffic, the 52 laws relating to driving while ability is impaired and while intoxicat- 53 ed, under the overpowering influence of "Road Rage", "Work Zone Safety" 54 awareness, "Motorcycle Safety" awareness, "Electric Scooter Safety" 55 awareness, and "Pedestrian and Bicyclist Safety" awareness as defined by 56 the commissioner, "School Bus Safety" awareness, the law relating toS. 5158 3 1 exercising due care to avoid colliding with a parked, stopped or stand- 2 ing authorized emergency vehicle or hazard vehicle pursuant to section 3 eleven hundred forty-four-a of this chapter, the ability to read and 4 comprehend traffic signs and symbols and such other matters as the 5 commissioner may prescribe, and to satisfactorily complete a course 6 prescribed by the commissioner of not less than four hours and not more 7 than five hours, consisting of classroom driver training and highway 8 safety instruction or the equivalent thereof. Such test shall include at 9 least seven written questions concerning the effects of consumption of 10 alcohol or drugs on the ability of a person to operate a motor vehicle 11 and the legal and financial consequences resulting from violations of 12 section eleven hundred ninety-two of this chapter, prohibiting the oper- 13 ation of a motor vehicle while under the influence of alcohol or drugs. 14 Such test shall include one or more written questions concerning the 15 devastating effects of "Road Rage" on the ability of a person to operate 16 a motor vehicle and the legal and financial consequences resulting from 17 assaulting, threatening or interfering with the lawful conduct of anoth- 18 er person legally using the roadway. Such test shall include one or more 19 questions concerning the potential dangers to persons and equipment 20 resulting from the unsafe operation of a motor vehicle in a work zone. 21 Such test may include one or more questions concerning motorcycle safe- 22 ty. Such test may include one or more questions concerning the law for 23 exercising due care to avoid colliding with a parked, stopped or stand- 24 ing vehicle pursuant to section eleven hundred forty-four-a of this 25 chapter. Such test shall include one or more questions concerning how to 26 safely operate an electric scooter on the road and one or more questions 27 concerning the dangers of motor vehicles to bicyclists and pedestrians 28 and one or more questions concerning the traffic laws governing electric 29 scooters. Such test may include one or more questions concerning school 30 bus safety. Such test may include one or more questions concerning 31 pedestrian and bicyclist safety. Such test shall be administered by the 32 commissioner. The commissioner shall cause the applicant to take a 33 vision test and a test for color blindness. Upon passage of the vision 34 test, the application may be accepted and the application fee shall be 35 payable. 36 (ii) The commissioner shall promulgate rules and regulations estab- 37 lishing eligibility standards for the taking and passing of knowledge 38 tests in other than written form. 39 (b) Upon successful completion of the requirements set forth in para- 40 graph (a) of this subdivision which shall include an alcohol and drug 41 education component as described in paragraph (c) of this subdivision, a 42 "Road Rage" awareness component as described in paragraph (c-1) of this 43 subdivision, a "Work Zone Safety" awareness component as described in 44 paragraph (c-2) of this subdivision, a "Motorcycle Safety" awareness 45 component as described in paragraph (c-3) of this subdivision, a "School 46 Bus Safety" awareness component as described in paragraph (c-4) of this 47 subdivision, [and] a "Pedestrian and Bicyclist Safety" awareness compo- 48 nent as described in paragraph (c-5) of this subdivision, and an "Elec- 49 tric Scooter Safety" awareness component as described in paragraph (c-6) 50 of this subdivision, the commissioner shall cause the applicant to take 51 a road test in a representative vehicle of a type prescribed by the 52 commissioner which shall be appropriate to the type of license for which 53 application is made, except that the commissioner may waive the road 54 test requirements for certain classes of applicants. Provided, however, 55 that the term "representative vehicle" shall not include a three-wheeled 56 motor vehicle that has two wheels situated in the front and one wheel inS. 5158 4 1 the rear, has a steering mechanism and seating which does not require 2 the operator to straddle or sit astride, is equipped with safety belts 3 for all occupants and is manufactured to comply with federal motor vehi- 4 cle safety standards for motorcycles including, but not limited to, 49 5 C.F.R. part 571. The commissioner shall have the power to establish a 6 program to allow persons other than employees of the department to 7 conduct road tests in representative vehicles when such tests are 8 required for applicants to obtain a class A, B or C license. If she 9 chooses to do so, she shall set forth her reasons in writing and conduct 10 a public hearing on the matter. She shall only establish such a program 11 after holding the public hearing. 12 (c-6) "Electric Scooter Safety" awareness component. (i) The commis- 13 sioner shall provide in the pre-licensing course, set forth in paragraph 14 (b) of this subdivision, a mandatory component in "Electric Scooter 15 Safety" awareness education as a prerequisite for obtaining a license to 16 operate a motor vehicle. The purpose of the component is to educate 17 prospective licensees on the potential dangers to pedestrians, bicy- 18 clists, and scooter operators created by motor vehicles. The purpose is 19 also to educate electric scooter operators on their responsibilities to 20 adhere to traffic laws. 21 (ii) The curriculum shall include, but shall not be limited to, an 22 overview of traffic laws governing electric scooters, the safe operation 23 of electric scooters, an overview of traffic laws governing motor vehi- 24 cle operators' duty to exercise due care with respect to pedestrians and 25 bicyclists, including but not limited to understanding bicyclists' and 26 pedestrians' needs and reduced visibility, respecting bicyclists' and 27 pedestrians' rights of way, safe operation near bicyclists and pedestri- 28 ans, including children and blind, deaf, elderly and disabled pedestri- 29 ans, bicycle lanes as defined in section one hundred two-a of this chap- 30 ter, safely overtaking a bicycle, the dangers of distracted driving, 31 driving at appropriate reduced speeds when special hazards exist with 32 respect to pedestrians or other weather or highway conditions, safely 33 turning, stopping, standing, and parking, motor vehicle operators' obli- 34 gations to comply with article twenty-two of this chapter, and traffic 35 control devices and markings related to electric scooter operators and 36 pedestrians. 37 (iii) In developing such curriculum, the commissioner shall consult 38 with the commissioner of transportation, the superintendent of the state 39 police, the commissioners of transportation and police of the city of 40 New York, medical professionals and pedestrian safety advocates. 41 (d) The commissioner shall make available for distribution upon regis- 42 tration at each location where the pre-licensing course will be given, 43 instructional handbooks outlining the content of the entire curriculum 44 of the pre-licensing course including the information required to be 45 included in the course pursuant to paragraphs (c), (c-1), (c-2), (c-3), 46 (c-4) [and], (c-5) and (c-6) of this subdivision. The commissioner shall 47 also provide for the additional training of the instructors necessary 48 for the competent instruction of the alcohol and drug education, "Road 49 Rage" awareness, "Work Zone Safety" awareness, "Motorcycle Safety" 50 awareness, "Electric Scooter Safety" awareness, "School Bus Safety" 51 awareness and "Pedestrian and Bicyclist Safety" awareness subject 52 matters of the pre-licensing course. 53 § 5. The vehicle and traffic law is amended by adding a new section 54 1291 to read as follows: 55 § 1291. Liability insurance. 1. An electric scooter which is operated 56 anywhere in a city having a population of one million or more other thanS. 5158 5 1 on lands of the owner of such electric scooter shall be covered by a 2 policy of insurance, in such language and form as shall be determined 3 and established by the superintendent of financial services, issued by 4 an insurance carrier authorized to do business in this state. Such poli- 5 cy shall provide for coverages required of an "owner's policy of liabil- 6 ity insurance" as set forth in paragraph (a) of subdivision four of 7 section three hundred eleven of this chapter. In lieu of such insurance 8 coverage as hereinabove provided, the commissioner, in his or her 9 discretion and upon application of a governmental agency having regis- 10 tered in its name one or more electric scooters, may waive the require- 11 ment of insurance by a private insurance carrier and issue a certificate 12 of self-insurance, when he or she is satisfied that such governmental 13 agency is possessed of financial ability to respond to judgments 14 obtained against it, arising out of the ownership, use or operation of 15 such electric scooters. The commissioner may also waive the requirement 16 of insurance by a private insurance carrier and issue a certificate of 17 self-insurance upon application of any person or any other corporation, 18 having registered in its name, one or more electric scooters and 19 furnishing of proof that a certificate of self-insurance has been issued 20 and is in effect pursuant to the provisions of section three hundred 21 sixteen of this chapter. 22 2. Proof of insurance as required by this section shall be produced 23 and displayed by the owner or operator of such electric scooter upon the 24 request of any magistrate or any person having authority to enforce the 25 provisions of this chapter. The failure to produce such proof upon the 26 request of any such person shall not be an offense but shall be presump- 27 tive evidence that such electric scooter is being operated without 28 having such insurance in force and effect. 29 3. Proof of insurance as required by this section shall be produced 30 and displayed by the owner or operator of such electric scooter to any 31 person who has suffered or claims to have suffered either personal inju- 32 ry or property damage as a result of the operation of such electric 33 scooter by the owner or operator, if such insurance coverage was 34 required under the circumstances of such operation. It shall be an 35 affirmative defense to any prosecution for a violation of this subdivi- 36 sion that such proof was so produced or displayed within twenty-four 37 hours of receiving notice of such injury or damage, or the claim of such 38 injury or damage. 39 4. No owner of an electric scooter shall operate or permit the same to 40 be operated anywhere in this state other than on lands of the owner of 41 the electric scooter without having in full force and effect the liabil- 42 ity insurance coverage required by this section, and no person shall 43 operate an electric scooter anywhere in this state other than on lands 44 of the owner of the electric scooter with the knowledge that such insur- 45 ance is not in full force and effect. 46 § 6. Subsection (f) of section 5103 of the insurance law, as amended 47 by chapter 402 of the laws of 1986, is amended to read as follows: 48 (f) Every owner's policy of liability insurance issued on a 49 motorcycle, an electric scooter or an all terrain vehicle in satisfac- 50 tion of the requirements of article six or eight of the vehicle and 51 traffic law, section twelve hundred ninety-one of such law, or section 52 twenty-four hundred seven of such law shall also provide for; every 53 owner who maintains another form of financial security on a motorcycle, 54 an electric scooter or an all terrain vehicle in satisfaction of the 55 requirements of such articles or [section] sections shall be liable for; 56 and every owner of a motorcycle, an electric scooter or an all terrainS. 5158 6 1 vehicle required to be subject to the provisions of this article by 2 subdivision two of section three hundred twenty-one of such law shall be 3 liable for; the payment of first party benefits to persons, other than 4 the occupants of such motorcycle, electric scooter or all terrain vehi- 5 cle, another motorcycle, an electric scooter or all terrain vehicle, or 6 any motor vehicle, for loss arising out of the use or operation of the 7 motorcycle, an electric scooter or all terrain vehicle within this 8 state. Every insurer and self-insurer may exclude from the coverage 9 required by this subsection a person who intentionally causes his own 10 injury or is injured while committing an act which would constitute a 11 felony or while seeking to avoid lawful apprehension or arrest by a law 12 enforcement officer. 13 § 7. The vehicle and traffic law is amended by adding a new section 14 1292 to read as follows: 15 § 1292. Purchase requirements. 1. No person shall purchase any elec- 16 tric scooter, through an online or in-person transaction, unless such 17 person holds a valid license to operate an electric scooter pursuant to 18 section three hundred ninety-nine-bb of this chapter, and, in a city 19 having a population of one million or more, has obtained and maintains 20 valid insurance coverage pursuant to section twelve hundred ninety-one 21 of this article. 22 2. No dealer shall sell or offer for retail sale any electric scooter, 23 through an online or in-person transaction, until such dealer receives 24 proof that the purchaser of the electric scooter holds a valid license 25 to operate an electric scooter pursuant to section three hundred nine- 26 ty-nine-bb of this chapter, and, in a city having a population of one 27 million or more, has obtained and maintains valid insurance coverage 28 pursuant to section twelve hundred ninety-one of this article. 29 3. A person who violates the provisions of subdivision one of this 30 section shall be subject to a fine of up to five hundred dollars per 31 violation. A dealer who violates the provisions of subdivision two of 32 this section shall be subject to a fine of up to one thousand dollars 33 per violation. 34 § 8. This act shall take effect on the one hundred eightieth day after 35 it shall have become a law. Effective immediately, the addition, amend- 36 ment and/or repeal of any rule or regulation necessary for the implemen- 37 tation of this act on its effective date are authorized to be made on or 38 before such date.
