Bill Text: NY S05294 | 2019-2020 | General Assembly | Amended
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: Strong Partisan Bill (Democrat 26-2)
Status: (Vetoed) 2019-12-26 - VETOED MEMO.280 [S05294 Detail]
Download: New_York-2019-S05294-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5294--A 2019-2020 Regular Sessions IN SENATE April 23, 2019 ___________ Introduced by Sens. RAMOS, BAILEY, BENJAMIN, COMRIE, GAUGHRAN, GIANARIS, HARCKHAM, JACKSON, KAMINSKY, KAVANAGH, LIU, MARTINEZ, MAY, METZGER, MONTGOMERY, MYRIE, O'MARA, PARKER, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, STAVISKY, THOMAS -- read twice and ordered printed, and when printed to be committed 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; and providing for the repeal of certain provisions upon the expiration thereof 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 15 such bicycle, and that is not capable of providing assistance when such 16 bicycle reaches a speed of twenty miles per hour. 17 (c) "Class three bicycle with electric assist." Solely within a city 18 having a population of one million or more, a bicycle with electric 19 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. LBD11288-09-9S. 5294--A 2 1 such bicycle, and that is not capable of providing assistance when such 2 bicycle reaches a speed of twenty-five miles per hour. 3 § 2. The vehicle and traffic law is amended by adding a new section 4 114-e to read as follows: 5 § 114-e. Electric scooter. Every device weighing less than one hundred 6 pounds that (a) has handlebars, a floorboard that can be stood upon by 7 the operator, and an electric motor, (b) can be powered by the electric 8 motor and/or human power, and (c) has a maximum speed of no more than 9 twenty miles per hour on a paved level surface when powered solely by 10 the electric motor. 11 § 3. Section 125 of the vehicle and traffic law, as amended by chapter 12 365 of the laws of 2008, is amended to read as follows: 13 § 125. Motor vehicles. Every vehicle operated or driven upon a public 14 highway which is propelled by any power other than muscular power, 15 except (a) electrically-driven mobility assistance devices operated or 16 driven by a person with a disability, (a-1) electric personal assistive 17 mobility devices operated outside a city with a population of one 18 million or more, (b) vehicles which run only upon rails or tracks, (c) 19 snowmobiles as defined in article forty-seven of this chapter, [and] (d) 20 all terrain vehicles as defined in article forty-eight-B of this 21 chapter, (e) bicycles with electric assist as defined in section one 22 hundred two-c of this article, and (f) electric scooters as defined in 23 section one hundred fourteen-e of this article operated outside a city 24 with a population of one million or more. For the purposes of title four 25 of this chapter, the term motor vehicle shall exclude fire and police 26 vehicles other than ambulances. For the purposes of titles four and 27 five of this chapter the term motor vehicles shall exclude farm type 28 tractors and all terrain type vehicles used exclusively for agricultural 29 purposes, or for snow plowing, other than for hire, farm equipment, 30 including self-propelled machines used exclusively in growing, harvest- 31 ing or handling farm produce, and self-propelled caterpillar or crawl- 32 er-type equipment while being operated on the contract site. 33 § 3-a. Section 125 of the vehicle and traffic law, as amended by 34 section three of this act, is amended to read as follows: 35 § 125. Motor vehicles. Every vehicle operated or driven upon a public 36 highway which is propelled by any power other than muscular power, 37 except (a) electrically-driven mobility assistance devices operated or 38 driven by a person with a disability, (a-1) electric personal assistive 39 mobility devices operated outside a city with a population of one 40 million or more, (b) vehicles which run only upon rails or tracks, (c) 41 snowmobiles as defined in article forty-seven of this chapter, (d) all 42 terrain vehicles as defined in article forty-eight-B of this chapter, 43 (e) bicycles with electric assist as defined in section one hundred 44 two-c of this article, and (f) electric scooters as defined in section 45 one hundred fourteen-e of this article [operated outside a city with a46population of one million or more]. For the purposes of title four of 47 this chapter, the term motor vehicle shall exclude fire and police vehi- 48 cles other than ambulances. For the purposes of titles four and five of 49 this chapter the term motor vehicles shall exclude farm type tractors 50 and all terrain type vehicles used exclusively for agricultural 51 purposes, or for snow plowing, other than for hire, farm equipment, 52 including self-propelled machines used exclusively in growing, harvest- 53 ing or handling farm produce, and self-propelled caterpillar or crawl- 54 er-type equipment while being operated on the contract site. 55 § 4. Section 159 of the vehicle and traffic law is amended to read as 56 follows:S. 5294--A 3 1 § 159. Vehicle. Every device in, upon, or by which any person or 2 property is or may be transported or drawn upon a highway, except 3 devices moved by human power or used exclusively upon stationary rails 4 or tracks, bicycles with electric assist as defined in section one 5 hundred two-c of this article, and electric scooters as defined in 6 section one hundred fourteen-e of this article operated outside a city 7 with a population of one million or more. 8 § 4-a. Section 159 of the vehicle and traffic law, as amended by 9 section four of this act, is amended to read as follows: 10 § 159. Vehicle. Every device in, upon, or by which any person or 11 property is or may be transported or drawn upon a highway, except 12 devices moved by human power or used exclusively upon stationary rails 13 or tracks, bicycles with electric assist as defined in section one 14 hundred two-c of this article, and electric scooters as defined in 15 section one hundred fourteen-e of this article [operated outside a city16with a population of one million or more]. 17 § 5. The vehicle and traffic law is amended by adding two new sections 18 1242 and 1243 to read as follows: 19 § 1242. Additional provisions applicable to bicycles with electric 20 assist. 1. In addition to complying with all of the rules, regulations, 21 and provisions applicable to bicycles contained in this article, bicy- 22 cles with electric assist shall operate in a manner so that the electric 23 motor is disengaged or ceases to function when the brakes are applied or 24 the rider stops pedaling, or operate in a manner such that the electric 25 motor is engaged through a switch or mechanism that, when released, will 26 cause the electric motor to disengage or cease to function. 27 2. Notwithstanding the provisions of section twelve hundred thirty- 28 eight of this article, no person less than sixteen years of age shall 29 operate or ride as a passenger upon a bicycle with electric assist, and 30 no person sixteen years of age or older shall allow any person less than 31 sixteen years of age to operate or ride as a passenger upon such bicy- 32 cle. The provisions of subdivision seven of section twelve hundred thir- 33 ty-eight of this article shall be applicable to this subdivision. 34 3. The governing body of any city, town or village may, by local law 35 or ordinance, further regulate the time, place and manner of the opera- 36 tion of bicycles with electric assist, and may limit, prohibit the use 37 thereof in specified areas, or prohibit entirely the use of bicycles 38 with electric assist within such city, town, or village. 39 4. (a) No person shall operate a bicycle with electric assist on any 40 public lands or property, other than a highway exclusive of any greenway 41 running adjacent to or connected with a highway, except that a bicycle 42 with electric assist may be operated on any such lands that have been 43 designated and posted for travel by bicycles with electric assist in 44 accordance with the provisions of paragraph (b) of this subdivision. For 45 the purposes of this subdivision, the term "greenway" shall have the 46 same meaning as such term is defined by subdivision seven of section 47 44-0103 of the environmental conservation law and subdivision one of 48 section 39.03 of the parks, recreation and historic preservation law. 49 (b) A state agency, by regulation or order, and a city, town or 50 village, by local law or ordinance, may designate any appropriate public 51 lands and properties under its jurisdiction, other than highways exclu- 52 sive of any greenway running adjacent to or connected with a highway, as 53 a place open for travel by bicycles with electric assist upon written 54 request for such designation by any person, and may impose restrictions 55 and conditions for the regulation and safe operation of bicycles withS. 5294--A 4 1 electric assist on such public lands or property, such as travel on 2 designated trails and hours of operation. 3 5. (a) No person shall operate a bicycle with electric assist unless 4 such operation is in compliance with the provisions of this chapter, and 5 any regulation or order or local law or ordinance adopted pursuant to 6 subdivisions three and four of this section. 7 (b) No bicycle with electric assist shall be operated on a sidewalk, 8 except as may be authorized by a local law or ordinance adopted by a 9 city, town or village having jurisdiction over such sidewalk including 10 parking on certain sidewalks within such city, town or village in 11 compliance with the federal Americans with Disabilities Act of 1990, as 12 amended (Public Law 101-336). 13 6. The operation of a bicycle with electric assist which meets the 14 requirements of subdivision (c) of section one hundred two-c of this 15 chapter outside of a city having a population of one million or more is 16 prohibited. 17 7. (a) No person, firm, association or corporation engaged in the 18 business of selling or leasing bicycles with electric assist shall sell 19 or lease any bicycle with electric assist on or after June first, two 20 thousand twenty-one unless such bicycle with electric assist has perma- 21 nently affixed thereto, in a prominent location, a manufacturer's label 22 which shall include the following information: the class, maximum 23 motor-assisted speed, and motor wattage of such bicycle with electric 24 assist. Manufacturers and distributors of bicycles with electric assist 25 shall, by April first, two thousand twenty-one, establish a process by 26 which an owner of a bicycle with electric assist may request and obtain 27 a manufacturer's label providing the class, maximum motor-assisted 28 speed, and motor wattage applicable to his or her bicycle with electric 29 assist purchased prior to June first, two thousand twenty-one and 30 installation instructions, from such manufacturers and distributors. 31 (b) No person shall operate a bicycle with electric assist on any 32 public highway or street in this state after June first, two thousand 33 twenty-one unless such bicycle with electric assist has affixed thereto, 34 in a prominent location, a manufacturer's label providing the class, 35 maximum motor-assisted speed, and motor wattage of such bicycle with 36 electric assist. Any person who violates the provisions of this para- 37 graph shall be punished by a civil fine of up to fifty dollars. The 38 court shall waive any fine for which a person who violates the 39 provisions of this paragraph would be liable if such person supplies the 40 court with proof that, between the date on which he or she is charged 41 with having violated this paragraph and the appearance date for such 42 violation, a manufacturer's label was affixed to his or her bicycle with 43 electric assist as required by this paragraph. Provided, however, that 44 such waiver of fine shall not apply to a second or subsequent conviction 45 under this paragraph. 46 8. A police officer shall only issue a summons for a violation of this 47 section by a person less than sixteen years of age to the parent or 48 guardian of such person if the violation by such person occurs in the 49 presence of such person's parent or guardian and where such parent or 50 guardian is eighteen years of age or older. Such summons shall only be 51 issued to such parent or guardian, and shall not be issued to the person 52 less than sixteen years of age. 53 § 1243. Shared bicycle and shared bicycle with electric assist 54 systems; data protection. 1. The governing body of any city, town or 55 village may, by local law, ordinance, order, rule or regulation, author- 56 ize and regulate shared bicycle systems or shared bicycle with electricS. 5294--A 5 1 assist systems within such city, town or village. No such shared 2 systems shall operate within a city, town or village except as author- 3 ized by such local law, ordinance, order, rule or regulation. For the 4 purposes of this subdivision, the term shared bicycle system or shared 5 bicycle with electric assist system shall mean a network of self-service 6 and publicly available bicycles or bicycles with electric assist in 7 which a bicycle or bicycle with electric assist trip begins and/or ends 8 on any public highway. 9 2. Notwithstanding any other provision of law to the contrary, all 10 trip data, personal information, images, videos, and other recorded 11 images collected by any shared bicycle system or shared bicycle with 12 electric assist system which is authorized to operate within a city, 13 town or village pursuant to this section: (a) shall be for the exclusive 14 use of such shared bicycle or shared bicycle with electric assist system 15 and shall not be sold, distributed, or otherwise made available for any 16 commercial purpose and (b) shall not be disclosed or otherwise made 17 accessible except (i) to the person who is the subject of such data, 18 information or record; or (ii) if necessary to comply with a lawful 19 court order, judicial warrant signed by a judge appointed pursuant to 20 article III of the United States constitution, or subpoena for individ- 21 ual data, information or records properly issued pursuant to the crimi- 22 nal procedure law or the civil practice law and rules. Provided, howev- 23 er, that nothing contained in this paragraph shall be deemed to preclude 24 the exchange of such data, information or recorded images solely for the 25 purpose of administering such authorized shared system. For the purposes 26 of this subdivision, "personal information" shall mean information that 27 identifies an individual, including but not limited to name, address, 28 telephone number, and the type and form of payment including credit card 29 number, debit card number, or other payment method. 30 § 6. The vehicle and traffic law is amended by adding a new article 31 34-D to read as follows: 32 ARTICLE 34-D 33 OPERATION OF ELECTRIC SCOOTERS 34 Section 1280. Effect of regulations. 35 1281. Traffic laws apply to persons operating electric scooters; 36 local laws. 37 1282. Operating electric scooters. 38 1283. Clinging to vehicles. 39 1284. Riding on roadways, shoulders, and lanes reserved for 40 non-motorized vehicles and devices. 41 1285. Lamps and other equipment. 42 1286. Leaving the scene of an incident involving an electric 43 scooter without reporting in the second degree. 44 1287. Leaving the scene of an incident involving an electric 45 scooter without reporting in the first degree. 46 § 1280. Effect of regulations. 1. The parent of any child and the 47 guardian of any ward shall not authorize or knowingly permit any such 48 child or ward to violate any of the provisions of this article. 49 2. These regulations applicable to electric scooters shall apply when- 50 ever an electric scooter is operated upon any highway, upon private 51 roads open to public motor vehicle traffic and upon any path set aside 52 for the exclusive use of bicycles, in-line skates, electric scooters, or 53 all. 54 § 1281. Traffic laws apply to persons operating electric scooters; 55 local laws. 1. Every person riding an electric scooter upon a roadway 56 shall be granted all of the rights and shall be subject to all of theS. 5294--A 6 1 duties applicable to the driver of a vehicle and the rider of a bicycle 2 by this title, except as to special regulations in this article and 3 except as to those provisions of this title which by their nature can 4 have no application. 5 2. The governing body of any city, town or village may, by local law 6 or ordinance, further regulate the time, place and manner of the opera- 7 tion of electric scooters, and may limit, prohibit the use thereof in 8 specified areas, or prohibit entirely the use of electric scooters with- 9 in such city, town, or village. 10 3. No person shall operate an electric scooter unless such operation 11 is in compliance with the provisions of this chapter, and any regulation 12 or order or local law or ordinance adopted pursuant to subdivision two 13 of this section or subdivision six of section twelve hundred eighty-two 14 of this article. The provisions of subdivision seven of section twelve 15 hundred thirty-eight of this title shall be applicable to this article. 16 § 1282. Operating electric scooters. 1. No electric scooter shall be 17 used to carry more persons at one time than the number for which such 18 device is designed and equipped. No person operating an electric scooter 19 shall carry any person as a passenger in a pack fastened to the operator 20 or fastened to the electric scooter. 21 2. No person operating an electric scooter shall carry any package, 22 bundle or article which prevents the operator from keeping at least one 23 hand upon the handle bars or which obstructs his or her vision in any 24 direction. 25 3. Every person operating an electric scooter shall yield the right of 26 way to pedestrians. 27 4. No person less than sixteen years of age shall operate or ride as a 28 passenger upon an electric scooter, and no person sixteen years of age 29 or older shall allow any person less than sixteen years of age to oper- 30 ate or ride as a passenger upon such scooter. A police officer shall 31 only issue a summons for a violation of this subdivision by a person 32 less than sixteen years of age to the parent or guardian of such person 33 if the violation by such person occurs in the presence of such person's 34 parent or guardian and where such parent or guardian is eighteen years 35 of age or more. Such summons shall only be issued to such parent or 36 guardian, and shall not be issued to the person less than sixteen years 37 of age. 38 5. No person shall operate an electric scooter on a sidewalk, except 39 as may be authorized by a local law or ordinance adopted by a city, town 40 or village having jurisdiction over such sidewalk including parking on 41 certain sidewalks within such city, town or village in compliance with 42 the federal Americans with Disabilities Act of 1990, as amended (Public 43 Law 101-336). 44 6. (a) No person shall operate an electric scooter on any public lands 45 or property, other than a highway exclusive of any greenway running 46 adjacent to or connected with a highway, except that an electric scooter 47 may be operated on any such lands that have been designated and posted 48 for travel by electric scooters in accordance with the provisions of 49 paragraph (b) of this subdivision. For the purposes of this subdivision, 50 the term "greenway" shall have the same meaning as such term is defined 51 by subdivision seven of section 44-0103 of the environmental conserva- 52 tion law and subdivision one of section 39.03 of the parks, recreation 53 and historic preservation law. 54 (b) A state agency, by regulation or order, and a city, town or 55 village, by local law or ordinance, may designate any appropriate public 56 lands and properties under its jurisdiction, other than highways exclu-S. 5294--A 7 1 sive of any greenway running adjacent to or connected with a highway, as 2 a place open for travel by electric scooters upon written request for 3 such designation by any person, and may impose restrictions and condi- 4 tions for the regulation and safe operation of electric scooters on such 5 public lands or property, such as travel on designated trails and hours 6 of operation. 7 7. (a) No person, firm, association or corporation engaged in the 8 business of selling or leasing electric scooters shall sell or lease any 9 electric scooter on or after June first, two thousand twenty-one unless 10 such electric scooter has in a prominent location, a manufacturer's 11 label which shall include the following information: the maximum motor- 12 assisted speed, the number of persons for which such electric scooter is 13 designed and equipped, and motor wattage of such electric scooter. 14 Manufacturers and distributors of electric scooters shall, by April 15 first, two thousand twenty-one, establish a process by which an owner of 16 an electric scooter may request and obtain a manufacturer's label 17 providing the maximum motor-assisted speed, the number of persons for 18 which such electric scooter is designed and equipped, and motor wattage 19 applicable to his or her electric scooter purchased prior to June first, 20 two thousand twenty-one and installation instructions, from such 21 manufacturers and distributors. 22 (b) No person shall operate an electric scooter on any public highway 23 or street in this state after June first, two thousand twenty-one unless 24 such electric scooter has in a prominent location, a manufacturer's 25 label providing the maximum motor-assisted speed, the number of persons 26 for which such electric scooter is designed and equipped, and motor 27 wattage of such electric scooter. Any person who violates the provisions 28 of this paragraph shall be punished by a civil fine of up to fifty 29 dollars. The court shall waive any fine for which a person who violates 30 the provisions of this paragraph would be liable if such person supplies 31 the court with proof that, between the date on which he or she is 32 charged with having violated this paragraph and the appearance date for 33 such violation, a manufacturer's label was affixed to his or her elec- 34 tric scooter as required by this paragraph. Provided, however, that such 35 waiver of fine shall not apply to a second or subsequent conviction 36 under this paragraph. 37 8. (a) The governing body of any city, town or village may, by local 38 law, ordinance, order, rule or regulation, authorize and regulate shared 39 electric scooter systems within such city, town or village. No such 40 shared systems shall operate within a city, town or village except as 41 authorized by such local law, ordinance, order, rule or regulation. No 42 such shared electric scooter system shall operate on public highways in 43 a county with a population of no less than one million five hundred 44 eighty-six thousand and no more than one million five hundred eighty- 45 seven thousand as of the two thousand ten decennial census. For the 46 purposes of this subdivision, the term shared electric scooter system 47 shall mean a network of self-service and publicly available electric 48 scooters, and related infrastructure, in which an electric scooter trip 49 begins and/or ends on any public highway. 50 (b) Notwithstanding any other provision of law to the contrary, all 51 trip data, personal information, images, videos, and other recorded 52 images collected by any shared electric scooter system which is author- 53 ized to operate within a city, town or village pursuant to this section: 54 (i) shall be for the exclusive use of such shared electric scooter 55 system and shall not be sold, distributed or otherwise made available 56 for any commercial purpose and (ii) shall not be disclosed or otherwiseS. 5294--A 8 1 made accessible except: (1) to the person who is the subject of such 2 data, information or record; or (2) if necessary to comply with a lawful 3 court order, judicial warrant signed by a judge appointed pursuant to 4 article III of the United States constitution, or subpoena for individ- 5 ual data, information or records properly issued pursuant to the crimi- 6 nal procedure law or the civil practice law and rules. Provided, howev- 7 er, that nothing contained in this paragraph shall be deemed to preclude 8 the exchange of such data, information or recorded images solely for the 9 purpose of administering such authorized shared system. 10 § 1283. Clinging to vehicles. 1. No person operating an electric 11 scooter shall attach such scooter, or himself or herself, to any vehicle 12 being operated upon a roadway. 13 2. No vehicle operator shall knowingly permit any person to attach any 14 electric scooter or himself or herself to such operator's vehicle in 15 violation of subdivision one of this section. 16 § 1284. Riding on roadways, shoulders, and lanes reserved for non-mo- 17 torized vehicles and devices. 1. Upon all roadways, any electric scooter 18 shall be operated either on a usable bicycle or in-line skate lane or, 19 if a usable bicycle or in-line skate lane has not been provided, near 20 the right-hand curb or edge of the roadway or upon a usable right-hand 21 shoulder in such a manner as to prevent undue interference with the flow 22 of traffic except when preparing for a left turn or when reasonably 23 necessary to avoid conditions that would make it unsafe to continue 24 along near the right-hand curb or edge. Conditions to be taken into 25 consideration include, but are not limited to, fixed or moving objects, 26 vehicles, bicycles, in-line skates, pedestrians, animals, surface 27 hazards or traffic lanes too narrow for a person operating an electric 28 scooter and a vehicle to travel safely side-by-side within the lane. 29 2. Persons operating electric scooters upon a roadway shall ride 30 single file. Persons operating electric scooters upon a shoulder, bicy- 31 cle or in-line skate lane, or bicycle or in-line skate path intended for 32 the use of bicycles, in-line skates or electric scooters may ride two or 33 more abreast if sufficient space is available, except that when passing 34 a vehicle, bicycle, electric personal assistive mobility device, person 35 on in-line skates or pedestrian standing or proceeding along such shoul- 36 der, lane or path, persons operating electric scooters shall operate 37 such scooters single file. 38 3. Any person operating an electric scooter who is entering a roadway 39 from a private road, driveway, alley or over a curb shall come to a full 40 stop before entering the roadway. 41 § 1285. Lamps and other equipment. 1. Every electric scooter when in 42 use during the period from one-half hour after sunset to one-half hour 43 before sunrise shall be equipped with a lamp on the front which shall 44 emit a white light visible during hours of darkness from a distance of 45 at least five hundred feet to the front and with a red light visible to 46 the rear for three hundred feet. 47 2. No person shall operate an electric scooter unless such scooter is 48 equipped with a bell or other device capable of giving a signal audible 49 for a distance of at least one hundred feet, except that an electric 50 scooter shall not be equipped with nor shall any person use upon an 51 electric scooter any siren or whistle. 52 3. Every electric scooter shall be equipped with a brake which will 53 enable the operator to make the braked wheels skid on dry, level, clean 54 pavement. 55 § 1286. Leaving the scene of an incident involving an electric scooter 56 without reporting in the second degree. 1. Any person age eighteen yearsS. 5294--A 9 1 or older operating an electric scooter who, knowing or having cause to 2 know, that physical injury, as defined in subdivision nine of section 3 10.00 of the penal law, has been caused to another person, due to the 4 operation of such electric scooter by such person, shall, before leaving 5 the place where such physical injury occurred, stop, and provide his or 6 her name and residence, including street and street number, to the 7 injured party, if practical, and also to a police officer, or in the 8 event that no police officer is in the vicinity of the place of said 9 injury, then such person shall report such incident as soon as phys- 10 ically able to the nearest police station or judicial officer. 11 2. Leaving the scene of an incident involving an electric scooter 12 without reporting in the second degree is a violation. 13 § 1287. Leaving the scene of an incident involving an electric scooter 14 without reporting in the first degree. 1. Any person age eighteen years 15 or older operating an electric scooter who, knowing or having cause to 16 know, that serious physical injury, as defined in subdivision ten of 17 section 10.00 of the penal law, has been caused to another person, due 18 to the operation of such electric scooter by such person, shall, before 19 leaving the place where such serious physical injury occurred, stop, and 20 provide his or her name and residence, including street and street 21 number, to the injured party, if practical, and also to a police offi- 22 cer, or in the event that no police officer is in the vicinity of the 23 place of said injury, then such person shall report said incident as 24 soon as physically able to the nearest police station or judicial offi- 25 cer. 26 2. Leaving the scene of an incident involving an electric scooter 27 without reporting in the first degree is a class B misdemeanor. 28 § 7. Paragraph 3 of subdivision (a) of section 1642 of the vehicle and 29 traffic law is amended to read as follows: 30 3. The prohibition or regulation of the use of any highway by partic- 31 ular vehicles or classes or types thereof, bicycles with electric 32 assist, or devices moved by human power. 33 § 7-a. Paragraph 3 of subdivision (a) of section 1642 of the vehicle 34 and traffic law, as amended by section seven of this act, is amended to 35 read as follows: 36 3. The prohibition or regulation of the use of any highway by partic- 37 ular vehicles or classes or types thereof, bicycles with electric 38 assist, electric scooters, or devices moved by human power. 39 § 8. The provisions of article 34-D of the vehicle and traffic law as 40 added by section six of this act shall not apply in a city with a popu- 41 lation of one million or more. 42 § 9. This act shall take effect on the one hundred eightieth day after 43 it shall have become a law; provided, however, that sections three-a, 44 four-a and seven-a shall take effect on the two hundred seventieth day 45 after this act shall have become a law; provided, further that section 46 eight of this act shall expire and be deemed repealed two hundred seven- 47 ty days after it shall have become a law. Effective immediately, the 48 addition, amendment and/or repeal of any rule or regulation necessary 49 for the implementation of this act on its effective date are authorized 50 to be made and completed on or before such effective date.