Bill Text: NY A00870 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the vehicle and traffic law, in relation to providing for the operation on public roads of electric vehicles and requiring certain equipment on electric vehicles

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2010-01-06 - referred to transportation [A00870 Detail]

Download: New_York-2009-A00870-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          870
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. DelMONTE, LUPARDO, FIELDS, TITONE, GALEF, GORDON,
         STIRPE,  ESPAILLAT  --  Multi-Sponsored by -- M. of A. BOYLAND -- read
         once and referred to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in  relation  to  providing
         for  the  operation on public roads of electric vehicles and requiring
         certain equipment on electric vehicles
         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 122-bb to read as follows:
    3    S 122-BB. MEDIUM-SPEED ELECTRIC VEHICLE. A MOTOR VEHICLE  UPON  OR  BY
    4  WHICH A PERSON MAY BE TRANSPORTED, THAT:
    5    1.  HAS  A  MAXIMUM SPEED OF THIRTY-FIVE MILES AN HOUR AS CERTIFIED BY
    6  THE MANUFACTURER;
    7    2. IS PROPELLED BY ITS OWN POWER, USING AN  ELECTRIC  MOTOR  OR  OTHER
    8  DEVICE  THAT  TRANSFORMS STORED ELECTRICAL ENERGY INTO THE MOTION OF THE
    9  VEHICLE;
   10    3.  STORES  ELECTRICITY  IN  BATTERIES,  ULTRACAPACITORS,  OR  SIMILAR
   11  DEVICES,  WHICH  ARE CHARGED FROM THE POWER GRID OR FROM RENEWABLE ELEC-
   12  TRICAL ENERGY SOURCES;
   13    4. IS FULLY ENCLOSED AND INCLUDES AT LEAST ONE DOOR FOR ENTRY;
   14    5. HAS A WHEELBASE OF FORTY INCHES OR GREATER AND A WHEEL DIAMETER  OF
   15  TEN INCHES OR GREATER;
   16    6.  EXHIBITS  A  MANUFACTURER'S  COMPLIANCE  WITH 49 CFR, PART 565, OR
   17  DISPLAYS A SEVENTEEN CHARACTER VEHICLE IDENTIFICATION NUMBER AS PROVIDED
   18  IN 49 CFR, PART 565;
   19    7. BEARS A STICKER, AFFIXED BY THE MANUFACTURER OR DEALER, ON THE LEFT
   20  SIDE OF THE REAR WINDOW  THAT  INDICATES  THE  VEHICLE'S  MAXIMUM  SPEED
   21  RATING; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01139-01-9
       A. 870                              2
    1    8.  AS  CERTIFIED  BY  THE  MANUFACTURER,  IS  EQUIPPED AS PROVIDED IN
    2  SECTION THREE HUNDRED SEVENTY-NINE OF THIS CHAPTER.
    3    S  2.  The  vehicle and traffic law is amended by adding a new section
    4  379 to read as follows:
    5    S  379.  MEDIUM-SPEED  ELECTRIC  VEHICLES:   REQUIRED   EQUIPMENT.   A
    6  MEDIUM-SPEED  ELECTRIC  VEHICLE, AS DEFINED IN SECTION ONE HUNDRED TWEN-
    7  TY-TWO-BB OF THIS CHAPTER, MUST BE EQUIPPED WITH THE FOLLOWING:
    8    1. HEADLAMPS, FRONT AND REAR TURN SIGNAL LAMPS, TAIL LAMPS,  AND  STOP
    9  LAMPS;
   10    2.  THREE  RED REFLECTORS, TWO OF WHICH MUST BE PLACED ON EACH SIDE AS
   11  FAR TO THE REAR OF THE VEHICLE AS PRACTICABLE, AND ONE OF WHICH MUST  BE
   12  PLACED ON THE REAR OF THE VEHICLE;
   13    3.  AN EXTERIOR MIRROR MOUNTED ON THE DRIVER'S SIDE OF THE VEHICLE AND
   14  EITHER AN EXTERIOR MIRROR MOUNTED ON THE PASSENGER'S SIDE OF THE VEHICLE
   15  OR AN INTERIOR MIRROR;
   16    4. A PARKING BRAKE;
   17    5. A WINDSHIELD THAT CONFORMS TO  THE  FEDERAL  MOTOR  VEHICLE  SAFETY
   18  STANDARD PROVIDED IN 49 CFR 571.205;
   19    6.  A  SEATBELT  ASSEMBLY  THAT  CONFORMS TO THE FEDERAL MOTOR VEHICLE
   20  SAFETY STANDARD PROVIDED IN 49 CFR 571.209; AND
   21    7. A ROLL BAR, ROLL CAGE, OR CRUSH-PROOF BODY DESIGN.
   22    S 3. Paragraph a of subdivision 6 of section 401 of  the  vehicle  and
   23  traffic  law,  as  amended  by section 74 of part A of chapter 56 of the
   24  laws of 1998, is amended to read as follows:
   25    a. The following fees shall be paid to  the  commissioner,  or  agent,
   26  upon  the registration or reregistration of a motor vehicle, including a
   27  suburban, in accordance with the provisions of this article:
   28    If such motor vehicle,  fully  equipped,  weighs  thirty-five  hundred
   29  pounds  or  less,  sixty-four  and  one-half  cents for each one hundred
   30  pounds or major fraction thereof; if such motor vehicle, fully equipped,
   31  weighs more than thirty-five hundred  pounds,  sixty-four  and  one-half
   32  cents  for each one hundred pounds up to thirty-five hundred pounds, and
   33  ninety-seven cents for each hundred pounds, or major  fraction  thereof,
   34  in  excess  of  thirty-five  hundred pounds; provided, however, that the
   35  total fees for the registration or reregistration of any passenger motor
   36  vehicle propelled by  electricity,  INCLUDING  A  MEDIUM-SPEED  ELECTRIC
   37  VEHICLE, shall be twelve dollars and ninety-four cents, of a six, eight,
   38  or  twelve cylinder motor vehicle not less than twelve dollars and nine-
   39  ty-four cents, and of any other motor vehicle not less than ten  dollars
   40  and  thirty-five  cents;  and  provided  further that for motor vehicles
   41  described in subdivision seven of this section, the fee for such  regis-
   42  tration  shall be as therein prescribed. Provided further, however, that
   43  the maximum registration fee  under  this  paragraph  shall  not  exceed
   44  fifty-six dollars and six cents per registration year.  For the purposes
   45  of this section a "suburban" shall be a motor vehicle with a convertible
   46  or interchangeable body or with removable seats, usable for both passen-
   47  ger  and delivery purposes, and including motor vehicles, commonly known
   48  as station or depot wagons. The manufacturer's weight of  motor  vehicle
   49  shall  be  accepted  as the weight for the purpose of registration under
   50  this paragraph.
   51    S 4. Subparagraph (iv) of paragraph (a) of subdivision  2  of  section
   52  501  of  the  vehicle  and traffic law, as amended by chapter 339 of the
   53  laws of 2005, is amended to read as follows:
   54    (iv) Class D. Such license shall be valid to operate any passenger  or
   55  limited  use  automobile or any truck with a GVWR of not more than twen-
   56  ty-six thousand pounds or any such vehicle towing a vehicle with a  GVWR
       A. 870                              3
    1  of not more than ten thousand pounds, or any such vehicle towing another
    2  vehicle  with  a  GVWR  of  more  than ten thousand pounds provided such
    3  combination of vehicles has a GCWR of not more than twenty-six  thousand
    4  pounds,  or  any personal use vehicle with a GVWR of not more than twen-
    5  ty-six thousand pounds or any such vehicle towing a vehicle with a  GVWR
    6  of  not  more  than ten thousand pounds, except it shall not be valid to
    7  operate a tractor, a motorcycle other than a class B or  C  limited  use
    8  motorcycle, a vehicle used to transport passengers for hire or for which
    9  a hazardous materials endorsement is required, or a vehicle defined as a
   10  bus  in  subdivision  one  of section five hundred nine-a of this title.
   11  NOTWITHSTANDING THE FOREGOING, SUCH LICENSE SHALL BE VALID TO OPERATE  A
   12  MOTORCYCLE  THAT  IS PROPELLED BY AN ELECTRIC MOTOR OR OTHER DEVICE THAT
   13  TRANSFORMS STORED ELECTRICAL ENERGY INTO THE MOTION OF THE VEHICLE,  HAS
   14  A  FULLY ENCLOSED CAB, IS EQUIPPED WITH THREE WHEELS IN CONTACT WITH THE
   15  GROUND, IS EQUIPPED WITH A SEAT AND SEATBELTS.
   16    S 5. The vehicle and traffic law is amended by adding  a  new  section
   17  1106 to read as follows:
   18    S 1106. MEDIUM-SPEED ELECTRIC VEHICLE -- OPERATING REQUIREMENTS.  1. A
   19  MEDIUM-SPEED  ELECTRIC  VEHICLE  MAY  ONLY  BE OPERATED ON A HIGHWAY FOR
   20  WHICH THE POSTED SPEED LIMIT DOES NOT EXCEED FORTY-FIVE MILES AN HOUR.
   21    2. EXCEPT AS PROVIDED IN SUBDIVISION ONE, THE PROVISIONS OF THIS CHAP-
   22  TER SHALL APPLY TO THE OPERATOR OF A MEDIUM-SPEED ELECTRIC VEHICLE.
   23    S 6. This act shall take effect immediately.
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