Bill Text: NY A03417 | 2025-2026 | General Assembly | Introduced
Bill Title: Provides for the regulation of motorized scooters including registration, safety and equipment, prohibitions on unsafe operation and insurance requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-27 - referred to transportation [A03417 Detail]
Download: New_York-2025-A03417-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3417 2025-2026 Regular Sessions IN ASSEMBLY January 27, 2025 ___________ Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit- tee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the regu- lation of the operation of motorized 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 section 123-a to read as follows: 3 § 123-a. Motorized scooter. Any wheeled device that has handlebars 4 that is designed to be stood or sat upon by the operator, is powered by 5 an electric motor or by a gasoline motor that is capable of propel- 6 ling the device without human power, and is not a bicycle with elec- 7 tric assist, electric scooter, motorcycle, wheelchair, or electrically 8 driven mobility assistance device. 9 § 2. Section 125 of the vehicle and traffic law, as amended by section 10 3 of part XX of chapter 58 of the laws of 2020, is amended to read as 11 follows: 12 § 125. Motor vehicles. Every vehicle operated or driven upon a public 13 highway which is propelled by any power other than muscular power, 14 except (a) electrically-driven mobility assistance devices operated or 15 driven by a person with a disability, (a-1) electric personal assistive 16 mobility devices operated outside a city with a population of one 17 million or more, (b) vehicles which run only upon rails or tracks, (c) 18 snowmobiles as defined in article forty-seven of this chapter, (d) all 19 terrain vehicles as defined in article forty-eight-B of this chapter, 20 (e) bicycles with electric assist as defined in section one hundred 21 two-c of this article, [and] (f) electric scooters as defined in section 22 one hundred fourteen-e of this article, and (g) motorized scooters as 23 defined in section one hundred twenty-three-a of this article. For the 24 purposes of title four of this chapter, the term motor vehicle shall 25 exclude fire and police vehicles other than ambulances. For the purposes EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03204-01-5A. 3417 2 1 of titles four and five of this chapter the term motor vehicles shall 2 exclude farm type tractors and all terrain type vehicles used exclusive- 3 ly for agricultural purposes, or for snow plowing, other than for hire, 4 farm equipment, including self-propelled machines used exclusively in 5 growing, harvesting or handling farm produce, and self-propelled cater- 6 pillar or crawler-type equipment while being operated on the contract 7 site. 8 § 3. The vehicle and traffic law is amended by adding a new article 9 34-E to read as follows: 10 ARTICLE 34-E 11 OPERATION OF MOTORIZED SCOOTERS 12 Section 1290. Effect of regulations. 13 1291. Traffic laws apply to persons operating motorized scoot- 14 ers; local laws. 15 1292. Operating motorized scooters. 16 1293. Clinging to vehicles. 17 1294. Riding on roadways, shoulders, and lanes reserved for 18 non-motorized vehicles and devices. 19 1295. Lamps and other equipment. 20 1296. Operators to wear protective headgear. 21 1297. Leaving the scene of an incident involving a motorized 22 scooter without reporting in the second degree. 23 1298. Leaving the scene of an incident involving a motorized 24 scooter without reporting in the first degree. 25 1299. Operation of a motorized scooter while under the influence 26 of alcohol or drugs. 27 1300. Registration and inspection of motorized scooters. 28 1301. Liability insurance. 29 § 1290. Effect of regulations. 1. The parent of any child and the 30 guardian of any ward shall not authorize or knowingly permit any such 31 child or ward to violate any of the provisions of this article. 32 2. These regulations applicable to motorized scooters shall apply 33 whenever a motorized scooter is operated upon any highway, upon private 34 roads open to public motor vehicle traffic and upon any path set aside 35 for the exclusive use of bicycles, in-line skates, electric scooters, 36 motorized scooters or all. 37 § 1291. Traffic laws apply to persons operating motorized scooters; 38 local laws. 1. Every person riding a motorized scooter upon a roadway 39 shall be granted all of the rights and shall be subject to all of the 40 duties applicable to the driver of a vehicle and the rider of a bicycle 41 by this title, except as to special regulations in this article and 42 except as to those provisions of this title which by their nature can 43 have no application. 44 2. (a) Except as provided in paragraphs (b) and (c) of this subdivi- 45 sion, the governing body of any city, town or village may, by local law 46 or ordinance, further regulate the time, place and manner of the opera- 47 tion of motorized scooters, including, but not limited to, maximum 48 speed, requiring the use of protective headgear, and the wearing of 49 readily visible reflective clothing or material by operators of motor- 50 ized scooters, and may limit, prohibit the use thereof in specified 51 areas, or prohibit entirely the use of motorized scooters within such 52 city, town, or village, provided that adequate signage is visibly posted 53 outside the boundaries of such prohibited areas. 54 (b) The governing body of any city, town or village in the counties of 55 Nassau or Suffolk may, by local law or ordinance, further regulate the 56 time, place and manner of the operation of motorized scooters, includ-A. 3417 3 1 ing, but not limited to, maximum speed, requiring the use of protective 2 headgear, and the wearing of readily visible reflective clothing or 3 material by operators of motorized scooters only after adoption of a 4 local law or ordinance by the governing body of the county in which the 5 city, town or village is located. Provided, however, that the provisions 6 of this paragraph shall not apply to the adoption of a local law or 7 ordinance by a city, town or village in the counties of Nassau or 8 Suffolk pursuant to the provisions of paragraph (a) of this subdivision 9 to prohibit the use of motorized scooters in specified areas, or prohib- 10 it entirely the use of motorized scooters within such city, town or 11 village, provided that adequate signage is visibly posted outside the 12 boundaries of such prohibited areas. 13 (c) The governing body of any town or village in the county of West- 14 chester may, by local law or ordinance, further regulate the time, place 15 and manner of the operation of motorized scooters, including, but not 16 limited to, maximum speed, requiring the use of protective headgear, and 17 the wearing of readily visible reflective clothing or material by opera- 18 tors of motorized scooters only after adoption of a local law or ordi- 19 nance by the governing body of Westchester county. Provided, however, 20 that the provisions of this paragraph shall not apply to the adoption of 21 a local law or ordinance by a town or village in the county of Westches- 22 ter pursuant to the provisions of paragraph (a) of this subdivision to 23 prohibit the use of motorized scooters in specified areas, or prohibit 24 entirely the use of motorized scooters within such town or village, 25 provided that adequate signage is visibly posted outside the boundaries 26 of such prohibited areas. 27 3. No person shall operate a motorized scooter unless such operation 28 is in compliance with the provisions of this chapter, and any regulation 29 or order or local law or ordinance adopted pursuant to this article. 30 § 1292. Operating motorized scooters. 1. No motorized scooter shall be 31 used to carry more than one person at one time. No person operating an 32 motorized scooter shall carry any person as a passenger in a pack 33 fastened to the operator or fastened to the motorized scooter. The 34 failure of any person to comply with the provisions of this subdivision 35 shall not constitute contributory negligence or assumption of risk, and 36 shall not in any way bar, preclude or foreclose an action for personal 37 injury or wrongful death by or on behalf of such person, nor in any way 38 diminish or reduce the damages recoverable in any such action. 39 2. No person operating a motorized scooter shall carry any package, 40 bundle or article which prevents the operator from keeping at least one 41 hand upon the handlebars or which obstructs such operator's vision in 42 any direction. 43 3. Every person operating a motorized scooter shall yield the right of 44 way to pedestrians. 45 4. No person less than sixteen years of age shall operate or ride as a 46 passenger upon a motorized scooter, and no person sixteen years of age 47 or older shall allow any person less than sixteen years of age to oper- 48 ate or ride as a passenger upon such scooter. 49 5. Except as may be otherwise provided by local law, ordinance, order, 50 rule or regulation enacted or promulgated pursuant to this article, a 51 motorized scooter may only be operated on highways with a posted speed 52 limit of thirty miles per hour or less, including non-interstate public 53 highways, private roads open to motor vehicle traffic, and designated 54 bicycle or in-line skate lanes. 55 6. No person shall operate a motorized scooter in excess of fifteen 56 miles per hour.A. 3417 4 1 7. (a) No person shall operate a motorized scooter on a sidewalk, 2 except as may be authorized by a local law or ordinance adopted by a 3 city, town or village having jurisdiction over such sidewalk including 4 parking on certain sidewalks within such city, town or village in 5 compliance with the federal Americans with Disabilities Act of 1990, as 6 amended (Public Law 101-336). 7 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 8 sion, a motorized scooter owned by a natural person where the owner is 9 engaged in personal use may park on a sidewalk whether attended or unat- 10 tended, provided however that no person shall park a motorized scooter 11 pursuant to this paragraph in a manner that interferes with the free 12 passage of pedestrians on a sidewalk. A city, town or village having 13 jurisdiction over such sidewalk shall provide a method by which a motor- 14 ized scooter owned by a natural person may be identified as such. 15 8. (a) No person shall operate a motorized scooter on any public lands 16 or property, other than a highway exclusive of any greenway running 17 adjacent to or connected with a highway, except that a motorized scooter 18 may be operated on any such lands that have been designated and posted 19 for travel by motorized scooters in accordance with the provisions of 20 paragraph (b) of this subdivision. For the purposes of this subdivision, 21 the term "greenway" shall have the same meaning as such term is defined 22 by subdivision seven of section 44-0103 of the environmental conserva- 23 tion law and subdivision one of section 39.03 of the parks, recreation 24 and historic preservation law. 25 (b) A state agency, by regulation or order, and a city, town or 26 village, by local law or ordinance, may designate any appropriate public 27 lands and properties under its jurisdiction, other than highways exclu- 28 sive of any greenway running adjacent to or connected with a highway, as 29 a place open for travel by motorized scooters upon written request for 30 such designation by any person, and may impose restrictions and condi- 31 tions for the regulation and safe operation of motorized scooters on 32 such public lands or property, such as travel on designated trails and 33 hours of operation. 34 9. (a) No person, firm, association or corporation engaged in the 35 business of selling or leasing motorized scooters shall sell or lease 36 any motorized scooter on or after June first, two thousand twenty-six 37 unless such motorized scooter has permanently affixed thereto, in a 38 prominent location, a manufacturer's label which shall include the 39 following information: the maximum motor-assisted speed, the number of 40 persons for which such motorized scooter is designed and equipped, and 41 motor wattage of such motorized scooter, if applicable. Manufacturers 42 and distributors of motorized scooters shall, by April first, two thou- 43 sand twenty-six, establish a process by which an owner of a motorized 44 scooter may request and obtain a manufacturer's label providing the 45 maximum motor-assisted speed, the number of persons for which such 46 motorized scooter is designed and equipped, and motor wattage applicable 47 to the motorized scooter, if applicable, purchased prior to June first, 48 two thousand twenty-six and installation instructions from such manufac- 49 turers and distributors. 50 (b) No person shall operate a motorized scooter on any public highway 51 or street in this state after June first, two thousand twenty-six unless 52 such motorized scooter has permanently affixed thereto, in a prominent 53 location, a manufacturer's label providing the maximum motor-assisted 54 speed, the number of persons for which such motorized scooter is 55 designed and equipped, and motor wattage of such motorized scooter. Any 56 person who violates the provisions of this paragraph shall be punishedA. 3417 5 1 by a civil fine of up to fifty dollars. The court shall waive any fine 2 for which a person who violates the provisions of this paragraph would 3 be liable if such person supplies the court with proof that, between the 4 date on which such person is charged with having violated this paragraph 5 and the appearance date for such violation, a manufacturer's label was 6 affixed to the motorized scooter as required by this paragraph. 7 Provided, however, that such waiver of fine shall not apply to a second 8 or subsequent conviction under this paragraph. 9 10. (a) The governing body of any city, town or village may, by local 10 law, ordinance, order, rule or regulation, authorize and regulate shared 11 motorized scooter systems within such city, town or village. No such 12 shared systems shall operate within a city, town or village except as 13 authorized by such local law, ordinance, order, rule or regulation. No 14 such shared motorized scooter system shall operate on public highways in 15 a county with a population of no less than one million five hundred 16 eighty-five thousand and no more than one million five hundred eighty- 17 seven thousand as of the two thousand ten decennial census. For the 18 purposes of this subdivision, the term shared motorized scooter system 19 shall mean a network of self-service and publicly available motorized 20 scooters, and related infrastructure, in which a motorized scooter trip 21 begins and/or ends on any public highway. 22 (b) Notwithstanding any other provision of law to the contrary, all 23 trip data, personal information, images, videos, and other recorded 24 images collected by any shared motorized scooter system which is author- 25 ized to operate within a city, town or village pursuant to this section: 26 (i) shall be for the exclusive use of such shared motorized scooter 27 system and shall not be sold, distributed or otherwise made available 28 for any commercial purpose and (ii) shall not be disclosed or otherwise 29 made accessible except: (1) to the person who is the subject of such 30 data, information or record; or (2) if necessary to comply with a lawful 31 court order, judicial warrant signed by a judge appointed pursuant to 32 article III of the United States constitution, or subpoena for individ- 33 ual data, information or records properly issued pursuant to the crimi- 34 nal procedure law or the civil practice law and rules. Provided, howev- 35 er, that nothing contained in this paragraph shall be deemed to preclude 36 the exchange of such data, information or recorded images solely for the 37 purpose of administering such authorized shared system. 38 For the purposes of this subdivision, "personal information" shall 39 mean information that identifies an individual, including but not limit- 40 ed to name, address, telephone number, and the type and form of payment 41 including credit card number, debit card number, or other payment meth- 42 od. 43 11. A violation of the provisions of subdivision one, two, three, 44 four, six, or seven of this section shall result in a civil fine not to 45 exceed fifty dollars. 46 12. A police officer shall only issue a summons for a violation of 47 this 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 more. 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 § 1293. Clinging to vehicles. 1. No person operating a motorized 54 scooter shall attach such scooter, or themself, to any vehicle being 55 operated upon a roadway.A. 3417 6 1 2. No vehicle operator shall knowingly permit any person to attach any 2 motorized scooter, or themself, to such operator's vehicle in violation 3 of subdivision one of this section. 4 § 1294. Riding on roadways, shoulders, and lanes reserved for non-mo- 5 torized vehicles and devices. 1. Upon all roadways, any motorized scoot- 6 er shall be operated either on a usable bicycle or in-line skate lane 7 or, if a usable bicycle or in-line skate lane has not been provided, 8 near the right-hand curb or edge of the roadway or upon a usable right- 9 hand shoulder in such a manner as to prevent undue interference with the 10 flow of traffic except when preparing for a left turn or when reasonably 11 necessary to avoid conditions that would make it unsafe to continue 12 along near the right-hand curb or edge. Conditions to be taken into 13 consideration include, but are not limited to, fixed or moving objects, 14 vehicles, bicycles, in-line skates, pedestrians, animals, surface 15 hazards or traffic lanes too narrow for a person operating a motorized 16 scooter and a vehicle to travel safely side-by-side within the lane. 17 2. Persons operating motorized scooters upon a roadway shall ride 18 single file. Persons operating motorized scooters upon a shoulder, bicy- 19 cle or in-line skate lane, or bicycle or in-line skate path intended for 20 the use of bicycles, in-line skates or motorized scooters may ride two 21 or more abreast if sufficient space is available, except that when pass- 22 ing a vehicle, bicycle, motorized personal assistive mobility device, 23 person on in-line skates or pedestrian standing or proceeding along such 24 shoulder, lane or path, persons operating motorized scooters shall oper- 25 ate such scooters single file. 26 3. Any person operating a motorized scooter who is entering a roadway 27 from a private road, driveway, alley or over a curb shall come to a full 28 stop before entering the roadway. 29 § 1295. Lamps and other equipment. 1. Every motorized scooter when in 30 use during the period from one-half hour after sunset to one-half hour 31 before sunrise shall be equipped with a lamp on the front which shall 32 emit a white light visible during hours of darkness from a distance of 33 at least five hundred feet to the front and with a red light visible to 34 the rear for three hundred feet. At least one such light shall be visi- 35 ble for two hundred feet from each side. 36 2. No person shall operate a motorized scooter unless such scooter is 37 equipped with a bell or other device capable of giving a signal audible 38 for a distance of at least one hundred feet, except that a motorized 39 scooter shall not be equipped with nor shall any person use upon a 40 motorized scooter any siren or whistle. 41 3. Every motorized scooter shall be equipped with a brake that enables 42 the operator to bring the motorized scooter to a controlled stop. 43 § 1296. Operators to wear protective headgear. 1. No person sixteen 44 or seventeen years of age shall ride upon, propel or otherwise operate a 45 motorized scooter unless such person is wearing a helmet meeting stand- 46 ards established by the commissioner pursuant to the provisions of 47 subdivision two-a of section twelve hundred thirty-eight of this title. 48 As used in this subdivision, wearing a helmet means having a properly 49 fitting helmet fixed securely on the head of such wearer with the helmet 50 straps securely fastened. 51 2. Any person who violates the provisions of subdivision one of this 52 section shall pay a civil fine not to exceed fifty dollars. 53 3. The court shall waive any fine for which a person who violates the 54 provisions of subdivision one of this section would be liable if such 55 person supplies the court with proof that between the date of violation 56 and the appearance date for such violation such person purchased orA. 3417 7 1 rented a helmet, which meets the requirements of subdivision one of this 2 section, or if the court finds that due to reasons of economic hardship 3 such person was unable to purchase a helmet or due to such economic 4 hardship such person was unable to obtain a helmet from the statewide 5 in-line skate and bicycle helmet distribution program, as established in 6 section two hundred six of the public health law or a local distribution 7 program. Such waiver of fine shall not apply to a second or subsequent 8 violation of subdivision one of this section. 9 4. The failure of any person to comply with the provisions of this 10 section shall not constitute contributory negligence or assumption of 11 risk, and shall not in any way bar, preclude or foreclose an action for 12 personal injury or wrongful death by or on behalf of such person, nor in 13 any way diminish or reduce the damages recoverable in any such action. 14 § 1297. Leaving the scene of an incident involving a motorized scooter 15 without reporting in the second degree. 1. Any person age eighteen years 16 or older operating a motorized scooter who, knowing or having cause to 17 know, that physical injury, as defined in subdivision nine of section 18 10.00 of the penal law, has been caused to another person, due to the 19 operation of such motorized scooter by such person, shall, before leav- 20 ing the place where such physical injury occurred, stop, and provide 21 their name and residence, including street and street number, to the 22 injured party, if practical, and also to a police officer, or in the 23 event that no police officer is in the vicinity of the place of said 24 injury, then such person shall report such incident as soon as phys- 25 ically able to the nearest police station or judicial officer. 26 2. Leaving the scene of an incident involving a motorized scooter 27 without reporting in the second degree is a violation. 28 § 1298. Leaving the scene of an incident involving a motorized scooter 29 without reporting in the first degree. 1. Any person age eighteen years 30 or older operating an motorized scooter who, knowing or having cause to 31 know, that serious physical injury, as defined in subdivision ten of 32 section 10.00 of the penal law, has been caused to another person, due 33 to the operation of such motorized scooter by such person, shall, before 34 leaving the place where such serious physical injury occurred, stop, and 35 provide their name and residence, including street and street number, to 36 the injured party, if practical, and also to a police officer, or in the 37 event that no police officer is in the vicinity of the place of said 38 injury, then such person shall report said incident as soon as phys- 39 ically able to the nearest police station or judicial officer. 40 2. Leaving the scene of an incident involving a motorized scooter 41 without reporting in the first degree is a class B misdemeanor. 42 § 1299. Operation of a motorized scooter while under the influence of 43 alcohol or drugs. 1. Offenses; criminal penalties. (a) Operating a 44 motorized scooter while ability impaired. No person shall operate a 45 motorized scooter while the person's ability to operate such motorized 46 scooter is impaired by the consumption of alcohol. 47 (i) A violation of this paragraph shall be a traffic infraction and 48 shall be punishable by a fine of not more than three hundred dollars, or 49 by imprisonment in a penitentiary or county jail for not more than 50 fifteen days, or by both such fine and imprisonment. 51 (ii) A person who operates a motorized scooter in violation of this 52 paragraph after having been convicted of a violation of any paragraph of 53 this subdivision within the preceding five years shall be punished by a 54 fine of not more than seven hundred fifty dollars, or by imprisonment of 55 not more than thirty days in a penitentiary or county jail or by both 56 such fine and imprisonment.A. 3417 8 1 (iii) A person who operates a motorized scooter in violation of this 2 paragraph after being convicted two or more times of a violation of any 3 paragraph of this subdivision within the preceding ten years shall be 4 guilty of a misdemeanor, and shall be punished by a fine of not more 5 than one thousand dollars, or by imprisonment of not more than one 6 hundred eighty days in a penitentiary or county jail or by both such 7 fine and imprisonment. 8 (b) Operating a motorized scooter while intoxicated; per se. No 9 person shall operate an motorized scooter while such person has .08 of 10 one per centum or more by weight of alcohol in the person's blood as 11 shown by chemical analysis of such person's blood, breath, urine or 12 saliva, made pursuant to the provisions of subdivision five of this 13 section. 14 (c) Operating a motorized scooter while intoxicated. No person shall 15 operate a motorized scooter while in an intoxicated condition. 16 (d) Operating a motorized scooter while ability impaired by drugs. No 17 person shall operate a motorized scooter while the person's ability to 18 operate such motorized scooter is impaired by the use of a drug as 19 defined in this chapter. 20 (e) Operating a motorized scooter while ability impaired by the 21 combined influence of drugs or of alcohol and any drug or drugs. No 22 person shall operate a motorized scooter while the person's ability to 23 operate such motorized scooter is impaired by the combined influence of 24 drugs or of alcohol and any drug or drugs. 25 (f) Penalty. (i) A violation of paragraph (b), (c), (d) or (e) of this 26 subdivision shall be a misdemeanor and shall be punishable by a fine of 27 not more than five hundred dollars, or by imprisonment in a penitentiary 28 or county jail for not more than one year, or by both such fine and 29 imprisonment. 30 (ii) A person who operates a motorized scooter in violation of para- 31 graph (b), (c), (d) or (e) of this subdivision after having been 32 convicted of a violation of paragraph (b), (c), (d) or (e) of this 33 subdivision within the preceding ten years shall be guilty of a class E 34 felony, and shall be punished by a fine of not more than one thousand 35 dollars or by a period of imprisonment as provided in the penal law, or 36 by both such fine and imprisonment. 37 (iii) A person who operates a motorized scooter in violation of para- 38 graph (b), (c), (d) or (e) of this subdivision after having been 39 convicted of a violation of paragraph (b), (c), (d) or (e) of this 40 subdivision two or more times within the preceding ten years shall be 41 guilty of a class E felony, and shall be punished by a fine of not more 42 than four thousand dollars or by a period of imprisonment as provided in 43 the penal law, or by both such fine and imprisonment. 44 2. Certain sentences prohibited. Notwithstanding any provisions of the 45 penal law, no judge or magistrate shall impose a sentence of uncondi- 46 tional discharge for a violation of paragraph (b), (c), (d) or (e) of 47 subdivision one of this section. 48 3. Sentencing: previous convictions. When sentencing a person for a 49 violation of paragraph (b), (c), (d) or (e) of subdivision one of this 50 section pursuant to subparagraph (ii) of paragraph (f) of subdivision 51 one of this section, the court shall consider any prior convictions the 52 person may have for a violation of subdivision two, two-a, three, four, 53 or four-a of section eleven hundred ninety-two of this title within the 54 preceding ten years. When sentencing a person for a violation of para- 55 graph (b), (c), (d) or (e) of subdivision one of this section pursuant 56 to subparagraph (iii) of paragraph (f) of subdivision one of thisA. 3417 9 1 section, the court shall consider any prior convictions the person may 2 have for a violation of subdivision two, two-a, three, four, or four-a 3 of section eleven hundred ninety-two of this title within the preceding 4 ten years. When sentencing a person for a violation of subparagraph (ii) 5 of paragraph (a) of subdivision one of this section, the court shall 6 consider any prior convictions the person may have for a violation of 7 any subdivision of section eleven hundred ninety-two of this title with- 8 in the preceding five years. When sentencing a person for a violation of 9 subparagraph (iii) of paragraph (a) of subdivision one of this section, 10 the court shall consider any prior convictions the person may have for a 11 violation of any subdivision of section eleven hundred ninety-two of 12 this title within the preceding ten years. 13 4. Arrest and field testing. (a) Arrest. Notwithstanding the 14 provisions of section 140.10 of the criminal procedure law, a police 15 officer may, without a warrant, arrest a person, in case of a violation 16 of any paragraph of subdivision one of this section, if such violation 17 is coupled with an accident or collision in which such person is 18 involved, which in fact had been committed, though not in the police 19 officer's presence, when the officer has reasonable cause to believe 20 that the violation was committed by such person. For the purposes of 21 this subdivision, police officer shall also include a peace officer 22 authorized to enforce this chapter when the alleged violation consti- 23 tutes a crime. 24 (b) Field testing. Every person operating a motorized scooter which 25 has been involved in an accident shall, at the request of a police offi- 26 cer, submit to a breath test to be administered by the police officer. 27 If such test indicates that such operator has consumed alcohol, the 28 police officer may request such operator to submit to a chemical test in 29 the manner set forth in subdivision five of this section. 30 5. Chemical tests; when authorized. A police officer may request any 31 person who operates a motorized scooter in this state to consent to a 32 chemical test of one or more of the following: breath, blood, urine, or 33 saliva, for the purpose of determining the alcoholic and/or drug content 34 of such person's blood, provided that such test is administered at the 35 direction of a police officer with respect to a chemical test of breath, 36 urine or saliva or, with respect to a chemical test of blood, at the 37 direction of a police officer: (a) having reasonable grounds to believe 38 such person to have been operating in violation of paragraph (a), (b), 39 (c), (d) or (e) of subdivision one of this section and within two hours 40 after such person has been placed under arrest for any such violation; 41 or (b) within two hours after a breath test, as provided in paragraph 42 (b) of subdivision four of this section, indicates that alcohol has been 43 consumed by such person and in accordance with the rules and regulations 44 established by the police force of which the officer is a member. 45 6. Testing procedures. (a) Persons authorized to withdraw blood; immu- 46 nity; testimony. (i) At the request of a police officer, the following 47 persons may withdraw blood for the purpose of determining the alcoholic 48 or drug content therein: (A) a physician, a registered professional 49 nurse, a registered physician assistant, a certified nurse practitioner, 50 or an advanced emergency medical technician as certified by the depart- 51 ment of health; or (B) under the supervision and at the direction of a 52 physician, registered physician assistant or certified nurse practition- 53 er acting within their lawful scope of practice, or upon the express 54 consent of the person eighteen years of age or older from whom such 55 blood is to be withdrawn: a clinical laboratory technician or clinical 56 laboratory technologist licensed pursuant to article one hundred sixty-A. 3417 10 1 five of the education law; a phlebotomist; or a medical laboratory tech- 2 nician or medical technologist employed by a clinical laboratory 3 approved under title five of article five of the public health law. This 4 limitation shall not apply to the taking of a urine, saliva or breath 5 specimen. 6 (ii) No person entitled to withdraw blood pursuant to subparagraph one 7 of this paragraph or hospital employing such person, and no other 8 employer of such person shall be sued or held liable for any act done or 9 omitted in the course of withdrawing blood at the request of a police 10 officer pursuant to this section. 11 (iii) Any person who may have a cause of action arising from the with- 12 drawal of blood as aforesaid, for which no personal liability exists 13 under subparagraph (ii) of this paragraph, may maintain such action 14 against the state if any person entitled to withdraw blood pursuant to 15 this paragraph acted at the request of a police officer employed by the 16 state, or against the appropriate political subdivision of the state if 17 such person acted at the request of a police officer employed by a poli- 18 tical subdivision of the state. No action shall be maintained pursuant 19 to this subparagraph unless notice of claim is duly filed or served in 20 compliance with law. 21 (iv) Notwithstanding subparagraphs (i), (ii) and (iii) of this para- 22 graph an action may be maintained by the state or a political subdivi- 23 sion thereof against a person entitled to withdraw blood pursuant to 24 subparagraph (i) of this paragraph or hospital employing such person for 25 whose act or omission the state or the political subdivision has been 26 held liable under this paragraph to recover damages, not exceeding the 27 amount awarded to the claimant, that may have been sustained by the 28 state or the political subdivision by reason of gross negligence or bad 29 faith on the part of such person. 30 (v) The testimony of any person other than a physician, entitled to 31 withdraw blood pursuant to subparagraph (i) of this paragraph, in 32 respect to any such withdrawal of blood made by such person may be 33 received in evidence with the same weight, force and effect as if such 34 withdrawal of blood were made by a physician. 35 (vi) The provisions of subparagraphs (ii), (iii) and (iv) of this 36 paragraph shall also apply with regard to any person employed by a 37 hospital as security personnel for any act done or omitted in the course 38 of withdrawing blood at the request of a police officer pursuant to this 39 section. 40 (b) Right to additional test. The person tested shall be permitted to 41 choose a physician to administer a chemical test in addition to the one 42 administered at the direction of the police officer. 43 (c) Rules and regulations. The department of health shall issue and 44 file rules and regulations approving satisfactory techniques or methods 45 of conducting chemical analyses of a person's blood, urine, breath or 46 saliva and to ascertain the qualifications and competence of individuals 47 to conduct and supervise chemical analyses of a person's blood, urine, 48 breath or saliva. If the analyses were made by an individual possessing 49 a permit issued by the department of health, this shall be presumptive 50 evidence that the examination was properly given. The provisions of this 51 paragraph do not prohibit the introduction as evidence of an analysis 52 made by an individual other than a person possessing a permit issued by 53 the department of health. 54 7. Chemical test evidence. (a) Admissibility. Upon the trial of any 55 such action or proceeding arising out of actions alleged to have been 56 committed by any person arrested for a violation of any paragraph ofA. 3417 11 1 subdivision one of this section, the court shall admit evidence of the 2 amount of alcohol or drugs in the defendant's blood as shown by a test 3 administered pursuant to the provisions of subdivision five of this 4 section. 5 (b) Probative value. The following effect shall be given to evidence 6 of blood-alcohol content, as determined by such tests, of a person 7 arrested for a violation of subdivision one of this section: 8 (i) evidence that there was .05 of one per centum or less by weight of 9 alcohol in such person's blood shall be prima facie evidence that the 10 ability of such person to operate a motorized scooter was not impaired 11 by the consumption of alcohol, and that such person was not in an intox- 12 icated condition; 13 (ii) evidence that there was more than .05 of one per centum but less 14 than .07 of one per centum by weight of alcohol in such person's blood 15 shall be prima facie evidence that such person was not in an intoxicated 16 condition, but such evidence shall be relevant evidence, but shall not 17 be given prima facie effect, in determining whether the ability of such 18 person to operate a motorized scooter was impaired by the consumption of 19 alcohol; and 20 (iii) evidence that there was .07 of one per centum or more but less 21 than .08 of one per centum by weight of alcohol in such person's blood 22 shall be prima facie evidence that such person was not in an intoxicated 23 condition, but such evidence shall be given prima facie effect in deter- 24 mining whether the ability of such person to operate a motorized scooter 25 was impaired by the consumption of alcohol. 26 8. Where applicable. The provisions of this section shall apply upon 27 public highways, private roads open to motor vehicle traffic, any other 28 parking lot, and sidewalks. For the purposes of this section "parking 29 lot" shall mean any area or areas of private property, including a 30 driveway, near or contiguous to and provided in connection with premises 31 and used as a means of access to and egress from a public highway to 32 such premises and having a capacity for the parking of four or more 33 motor vehicles. The provisions of this section shall not apply to any 34 area or areas of private property comprising all or part of property on 35 which is situated a one or two family residence. 36 9. Enforcement upon crash. Notwithstanding any provision of this 37 section, no part of this section may be enforced unless in conjunction 38 with a crash involving an operator of a motorized scooter. For the 39 purposes of this subdivision, "crash" shall mean colliding with a vehi- 40 cle, person, building or other object. 41 § 1300. Registration and inspection of motorized scooters. 1. Every 42 motorized scooter, of any class, as defined in section one hundred twen- 43 ty-three-a of this chapter shall be registered and issued a number plate 44 by the department. No person shall operate a motorized scooter unless 45 such device shall have a distinctive number assigned to it by the 46 commissioner and a number plate issued by the commissioner with a number 47 corresponding to that of the certificate of registration. 48 2. Such number plates shall be of such material, form, design and 49 dimensions and contain or set forth such distinguishing number or other 50 identification marks as the commissioner shall prescribe, provided, 51 however, that there shall be at all times a marked contrast between the 52 color of the number plates and that of the numerals or letters thereon. 53 3. Each such number plate shall be conspicuously displayed on the rear 54 of the motorized scooter, securely fastened so as to prevent the same 55 from swinging.A. 3417 12 1 4. The fee for such number plates shall be determined by the commis- 2 sioner. 3 5. The commissioner shall require that every motorized scooter in this 4 state be inspected annually and shall prescribe the standards and the 5 mechanisms to be inspected; provided that the commissioner shall require 6 that such inspection shall include inspection of any battery. The 7 commissioner shall prescribe rules for the issuance of separate 8 inspection certificates for the scooter and such battery which shall 9 contain the same serial number but which shall indicate which component 10 the certificate is for. 11 6. Where there is a violation of this section, the fine for such 12 violation shall be determined by the commissioner. 13 § 1301. Liability insurance. 1. A motorized scooter which is operated 14 anywhere other than on lands of the owner of such motorized scooter 15 shall be covered by a policy of insurance, in such language and form as 16 shall be determined and established by the superintendent of financial 17 services, issued by an insurance carrier authorized to do business in 18 this state. Such policy shall provide for coverage against loss from the 19 liability imposed by law for damages, including damages for care and 20 loss of services, because of bodily injury to or death of any person and 21 injury to or destruction of property arising out of the ownership, main- 22 tenance, use, or operation of a motorized scooter as defined in section 23 one hundred twenty-three-a of this chapter, in such amounts as the 24 superintendent shall prescribe. 25 2. Proof of insurance as required by this section shall be produced 26 and displayed by the owner or operator of such motorized scooter upon 27 the request of any person having authority to enforce the provisions of 28 this chapter. The failure to produce such proof upon the request of any 29 such person shall not be an offense but shall be presumptive evidence 30 that such motorized scooter is being operated without having such insur- 31 ance in force and effect. 32 3. Proof of insurance as required by this section shall be produced 33 and displayed by the owner or operator of such motorized scooter to any 34 person who has suffered or claims to have suffered either personal inju- 35 ry or property damage as a result of the operation of such motorized 36 scooter by the owner or operator, if such insurance coverage was 37 required under the circumstances of such operation. It shall be an 38 affirmative defense to any prosecution for a violation of this subdivi- 39 sion that such proof was so produced or displayed within twenty-four 40 hours of receiving notice of such injury or damage, or the claim of such 41 injury or damage. 42 4. No owner of a motorized scooter shall operate or permit the same to 43 be operated anywhere in this state other than on lands of the owner of 44 the motorized scooter without having in full force and effect the 45 liability insurance coverage required by this section, and no person 46 shall operate a motorized scooter anywhere in this state other than on 47 lands of the owner of the motorized scooter with the knowledge that such 48 insurance is not in full force and effect. 49 § 4. This act shall take effect immediately; provided, however, that 50 section three of this act shall take effect on the one hundred twentieth 51 day after it shall have become a law. Effective immediately, the addi- 52 tion, amendment and/or repeal of any rule or regulation necessary for 53 the implementation of this act on its effective date are authorized to 54 be made and completed on or before such effective date.
