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: (Engrossed) 2019-06-20 - returned to senate [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.
                                                                   LBD11288-09-9

        S. 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 a
    46  population 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 city
    16  with 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  with

        S. 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  electric

        S. 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 the

        S. 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  otherwise

        S. 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 years

        S. 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.
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