Bill Text: NY A00551 | 2021-2022 | General Assembly | Introduced
Bill Title: Directs the development of regional safety plans for the use of electric scooters including annual reporting on electric scooter safety, places restrictions on the use of electric scooters in certain municipalities and adds an electric scooter safety component to the pre-licensing driver's education course.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to transportation [A00551 Detail]
Download: New_York-2021-A00551-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 551 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. ROZIC -- read once and referred to the Committee on Transportation AN ACT to amend the transportation law, in relation to the development of regional safety plans for the use of electric scooters; and to amend the vehicle and traffic law, in relation to adding an electric scooter safety component to the pre-licensing driver's education course and restrictions on the use of electric scooters in certain municipalities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The transportation law is amended by adding a new section 2 23 to read as follows: 3 § 23. Regional safety plans; electric scooters. 1. The commissioner of 4 transportation, in conjunction with the commissioner of motor vehicles 5 and municipal governments, shall formulate and from time to time revise 6 regional safety plans regarding the use of electric scooters. Such 7 regional safety plans shall include, but are not limited to: 8 (a) implementation of a curfew on the operation of electric scooters; 9 (b) allowance of a temporary ban on the operation of electric scooters 10 in certain circumstances including, but not limited to, extreme weather 11 or an event causing significant pedestrian crowding; 12 (c) establishment of electric scooter free zones for reasons includ- 13 ing, but not limited to, pedestrian traffic, unsafe road conditions or 14 other prohibitive conditions; 15 (d) a requirement that electric scooter providers and municipalities 16 expand electric scooter parking facilities at the cost of such electric 17 scooter providers; 18 (e) an age requirement for the operation of electric scooters; and 19 (f) a requirement that an electric scooter operator shall wear protec- 20 tive headgear meeting standards established by the commissioner. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04379-01-1A. 551 2 1 2. The commissioner of transportation, in conjunction with the commis- 2 sioner of motor vehicles, shall submit one year following the effective 3 date of this section, and annually thereafter, a report on electric 4 scooter use and safety to the governor, the speaker of the assembly and 5 the temporary president of the senate. Such report shall include, but is 6 not limited to: 7 (a) an analysis of accidents involving electric scooters and motor 8 vehicles, pedestrians and cyclists; 9 (b) an analysis of how able roadways are to accommodate the use of 10 electric scooters; 11 (c) the number of accidents involving the operation of an electric 12 scooter that occur and the injuries that have been sustained; and 13 (d) recommendations for the improvement of the regional safety plans 14 and additional legislative measures that would improve electric scooter 15 safety. 16 3. For the purposes of this section the following terms shall have the 17 following meanings: 18 (a) "Electric scooter" shall include every device weighing less than 19 one hundred pounds that (i) has handlebars and an electric motor, (ii) 20 is powered by the electric motor and/or human power, and (iii) has a 21 maximum speed of no more than twenty miles per hour on a paved level 22 surface when powered solely by the electric motor. 23 (b) "Electric scooter provider" means a person or entity that offers, 24 makes available, or provides an electric scooter in exchange for finan- 25 cial compensation or membership via a digital application or other elec- 26 tronic or digital platform. 27 § 2. Subparagraph (i) of paragraph (a) and paragraphs (b) and (d) of 28 subdivision 4 of section 502 of the vehicle and traffic law, as amended 29 by chapter 513 of the laws of 2019, are amended and a new paragraph 30 (c-5) is added to read as follows: 31 (i) Upon submission of an application for a driver's license, the 32 applicant shall be required to take and pass a test, or submit evidence 33 of passage of a test, with respect to the laws relating to traffic, the 34 laws relating to driving while ability is impaired and while intoxicat- 35 ed, under the overpowering influence of "Road Rage", "Work Zone Safety" 36 awareness and "Motorcycle Safety" awareness as defined by the commis- 37 sioner, "School Bus Safety" awareness, the law relating to exercising 38 due care to avoid colliding with a parked, stopped or standing author- 39 ized emergency vehicle or hazard vehicle pursuant to section eleven 40 hundred forty-four-a of this chapter, the ability to read and comprehend 41 traffic signs and symbols and such other matters as the commissioner may 42 prescribe, and to satisfactorily complete a course prescribed by the 43 commissioner of not less than four hours and not more than five hours, 44 consisting of classroom driver training and highway safety instruction 45 or the equivalent thereof. Such tests shall include one or more ques- 46 tions concerning electric scooter safety. Such test shall include at 47 least seven written questions concerning the effects of consumption of 48 alcohol or drugs on the ability of a person to operate a motor vehicle 49 and the legal and financial consequences resulting from violations of 50 section eleven hundred ninety-two of this chapter, prohibiting the oper- 51 ation of a motor vehicle while under the influence of alcohol or drugs. 52 Such test shall include one or more written questions concerning the 53 devastating effects of "Road Rage" on the ability of a person to operate 54 a motor vehicle and the legal and financial consequences resulting from 55 assaulting, threatening or interfering with the lawful conduct of anoth- 56 er person legally using the roadway. Such test shall include one or moreA. 551 3 1 questions concerning the potential dangers to persons and equipment 2 resulting from the unsafe operation of a motor vehicle in a work zone. 3 Such test may include one or more questions concerning motorcycle safe- 4 ty. Such test may include one or more questions concerning the law for 5 exercising due care to avoid colliding with a parked, stopped or stand- 6 ing vehicle pursuant to section eleven hundred forty-four-a of this 7 chapter. Such test may include one or more questions concerning school 8 bus safety. Such test shall be administered by the commissioner. The 9 commissioner shall cause the applicant to take a vision test and a test 10 for color blindness. Upon passage of the vision test, the application 11 may be accepted and the application fee shall be payable. 12 (b) Upon successful completion of the requirements set forth in para- 13 graph (a) of this subdivision which shall include an alcohol and drug 14 education component as described in paragraph (c) of this subdivision, a 15 "Road Rage" awareness component as described in paragraph (c-1) of this 16 subdivision [and], a "Work Zone Safety" awareness component as described 17 in paragraph (c-2) of this subdivision, a "Motorcycle Safety" awareness 18 component as described in paragraph (c-3) of this subdivision, and a 19 "School Bus Safety" awareness component as described in paragraph (c-4) 20 of this subdivision and an "Electric Scooter Safety" awareness component 21 as described in paragraph (c-5) of this subdivision the commissioner 22 shall cause the applicant to take a road test in a representative vehi- 23 cle of a type prescribed by the commissioner which shall be appropriate 24 to the type of license for which application is made, except that the 25 commissioner may waive the road test requirements for certain classes of 26 applicants. The commissioner shall have the power to establish a program 27 to allow persons other than employees of the department to conduct road 28 tests in representative vehicles when such tests are required for appli- 29 cants to obtain a class A, B or C license. If she chooses to do so, she 30 shall set forth her reasons in writing and conduct a public hearing on 31 the matter. She shall only establish such a program after holding the 32 public hearing. 33 (c-5) "Electric scooter" component. (i) The commissioner shall provide 34 in the pre-licensing course, set forth in paragraph (b) of this subdivi- 35 sion, a mandatory component in "electric scooter safety" education as a 36 prerequisite for obtaining a license to operate a motor vehicle. The 37 purpose of the component is to educate prospective licensees on the 38 potential dangers to electric scooter operators created by motor vehi- 39 cles. 40 (ii) The commissioner shall establish a curriculum for the "Electric 41 Scooter Safety" awareness component which shall include but not be 42 limited to: safely passing an electric scooter operator on the road, 43 special considerations while driving in urban areas, bicycle lanes as 44 defined in section one hundred two-a of this chapter and other roadway 45 designs employed in New York state for the safety of electric scooter 46 operators, how to navigate an intersection with electric scooter opera- 47 tors, exiting a vehicle without endangering electric scooter operators, 48 the requirement that drivers exercise due care to avoid collision with 49 an electric scooter operator on the road pursuant to section eleven 50 hundred forty-six of this chapter. 51 (iii) In developing such curriculum, the commissioner shall consult 52 with the commissioner of transportation, the commissioner of transporta- 53 tion of the city of New York and electric scooter advocates. 54 (d) The commissioner shall make available for distribution upon regis- 55 tration at each location where the pre-licensing course will be given, 56 instructional handbooks outlining the content of the entire curriculumA. 551 4 1 of the pre-licensing course including the information required to be 2 included in the course pursuant to paragraphs (c), (c-1), (c-2), (c-3) 3 [and], (c-4) and (c-5) of this subdivision. The commissioner shall also 4 provide for the additional training of the instructors necessary for the 5 competent instruction of the alcohol and drug education, "Road Rage" 6 awareness, "Work Zone Safety" awareness, "Motorcycle Safety" awareness 7 [and], "School Bus Safety" awareness and "Electric Scooter Safety" 8 awareness subject matters of the pre-licensing course. 9 § 3. The vehicle and traffic law is amended by adding a new section 10 1290 to read as follows: 11 § 1290. Restrictions on the operation of electric scooters in certain 12 municipalities. 1. No person shall operate an electric scooter in a 13 municipality that has not implemented a regional safety plan pursuant to 14 section twenty-three of the transportation law. 15 2. Notwithstanding any provision of law to the contrary no person 16 shall operate an electric scooter in the borough of Manhattan in the 17 city of New York. 18 § 4. This act shall take effect immediately.
