Bill Text: NY A05390 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires the registration of autocycles, which are three-wheeled motor vehicles that have a steering wheel and seating which does not require the operator to sit with a leg on either side of the seat; provides for the repeal of such provisions upon expiration thereof.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-02-11 - referred to transportation [A05390 Detail]

Download: New_York-2019-A05390-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5390
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2019
                                       ___________
        Introduced  by  M. of A. LUPARDO, JONES -- read once and referred to the
          Committee on Transportation
        AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
          relation  to the registration and operation of autocycles; and provid-
          ing for the repeal of such provisions upon 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  article 48-D to read as follows:
     3                                 ARTICLE 48-D
     4                         REGISTRATION OF AUTOCYCLES
     5  Section 2500. Definitions.
     6          2501. Registration.
     7          2502. Revocation and suspension.
     8          2503. Display of registration number plate or plates.
     9          2504. Equipment, inspection and insurance.
    10          2505. Dealers and manufacturers.
    11          2506. Exemptions.
    12          2507. Rules and regulations.
    13    § 2500. Definitions. As used in this article: 1. "Autocycle"  means  a
    14  three-wheeled  motor vehicle that has a steering wheel and seating which
    15  does not require the operator to straddle or sit astride and is manufac-
    16  tured to comply with federal safety requirements for motorcycles.
    17    2. "Dealer" means any person engaged in the business of selling  auto-
    18  cycles at wholesale or retail.
    19    § 2501. Registration. 1. Notwithstanding section four hundred ten-a of
    20  this chapter and except as hereinafter provided, no person shall operate
    21  any  autocycle  on  a  public highway or street within this state unless
    22  such autocycle has been registered in accordance with article fifteen of
    23  this chapter, the registration for such autocycle is in full  force  and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05151-02-9

        A. 5390                             2
     1  effect  and  the  registration  number  plate or plates are displayed as
     2  hereinafter provided.
     3    2. The fees for the registration, renewal, reregistration or amendment
     4  or duplicate of a registration of an autocycle shall be the same fees as
     5  if  such vehicle were registered pursuant to section four hundred ten of
     6  this chapter.
     7    3. Every person operating an autocycle registered in  accordance  with
     8  any  of  the  provisions  of this article, shall, upon the demand of any
     9  magistrate, police officer, peace officer, when acting pursuant  to  his
    10  or  her  special  duties,  or motor vehicle hearing officer, produce for
    11  inspection the certificate of registration for such autocycle and  shall
    12  furnish  to such person any information necessary for the identification
    13  of such autocycle and its owner. The failure to produce the  certificate
    14  of registration as provided herein shall not be an offense, but shall be
    15  presumptive  evidence of the operation of an autocycle not registered as
    16  required by this article.
    17    4. The registration provisions of this article shall not  apply  to  a
    18  non-resident  who has registered his or her autocycle in compliance with
    19  the registration or licensing laws of the state, province or country  of
    20  his or her residence, provided that the autocycle is appropriately iden-
    21  tified  by  an identification plate, sticker or other identifying device
    22  issued by such state, province or country.
    23    § 2502. Revocation and suspension. The registration  of  an  autocycle
    24  may be revoked or suspended in the same manner and to the same effect as
    25  that  of  a  motorcycle  registered  pursuant to article fifteen of this
    26  chapter.
    27    § 2503. Display of registration number plate or plates. 1. The  regis-
    28  tration  number  plate  or  plates  assigned  to  an  autocycle shall be
    29  displayed on the autocycle at all times such vehicle is operated on  the
    30  public  highways  in such manner as the commissioner may, by regulation,
    31  prescribe.  One or two registration number plates, as determined by  the
    32  commissioner,  shall  be issued by the commissioner for an autocycle. No
    33  number other than the registration number plate assigned to an autocycle
    34  by the commissioner, or the identification number  of  the  registration
    35  issued  by  another  state  shall  be  painted,  attached  or  otherwise
    36  displayed on an autocycle when such autocycle is  being  operated  on  a
    37  public  highway.  Nothing herein shall prohibit the display of a vehicle
    38  identification number plate or number affixed by the manufacturer or his
    39  or her agent in accordance with section four  hundred  fifteen  of  this
    40  chapter.
    41    2. Dealer demonstrator number plates shall conform to the requirements
    42  set  forth  in  subdivision  one of this section with the exception that
    43  such number plates may be temporarily but firmly affixed to the  autocy-
    44  cle being demonstrated or tested.
    45    3.  The  use  of dealer demonstrator number plates shall be subject to
    46  the provisions of sections four hundred fifteen and four hundred sixteen
    47  of this chapter.
    48    4. No dealer shall permit a dealer demonstrator  number  plate  to  be
    49  used  on any autocycle unless such autocycle would qualify for the issu-
    50  ance of such a number plate when registered.
    51    § 2504. Equipment, inspection and insurance. 1. An autocycle shall  be
    52  manufactured to comply with federal safety requirements for a motorcycle
    53  and, as otherwise provided pursuant to this section, shall be subject to
    54  the  equipment  requirements  of  this  chapter that are applicable to a
    55  motorcycle. The equipment and operator of an autocycle shall be  subject
    56  to  the requirements of subdivisions six, seven, nine, nine-a and ten of

        A. 5390                             3
     1  section three hundred eighty-one of this chapter; provided however, that
     2  the commissioner may, by regulation,  provide  for  different  equipment
     3  requirements  for different types of autocycles. No person shall operate
     4  an  autocycle  on  the public highways of this state in violation of the
     5  provisions of this section or regulations promulgated by the commission-
     6  er thereunder.
     7    2. Autocycles shall be subject to the inspection requirements of arti-
     8  cle five of this chapter. The commissioner may, by  regulation,  provide
     9  for different inspection procedures for different types of autocycles.
    10    3.  The  insurance provisions of articles six, seven and eight of this
    11  chapter shall be applicable to autocycles.
    12    § 2505. Dealers and manufacturers. 1. No person shall  engage  in  the
    13  business  of  selling  autocycles unless there shall have been issued to
    14  the person a dealer registration in accordance with section four hundred
    15  fifteen of this chapter. The commissioner may,  by  regulation,  provide
    16  for  identification of dealers as dealers of autocycles, and the commis-
    17  sioner shall make provisions for  the  issuance  of  appropriate  dealer
    18  demonstrator number plates to such dealers.
    19    2.  No  dealer  shall acquire any autocycles for the purpose of resale
    20  for use on the public highways within this state unless such  autocycles
    21  have  a vehicle identification number in a form and manner acceptable to
    22  the commissioner permanently affixed to the frame by the manufacturer or
    23  authorized agent of the manufacturer.
    24    3. The commissioner may prescribe, by  regulation,  procedures  to  be
    25  followed  by  dealers  with  respect  to  record  keeping  and documents
    26  required upon the sale of an autocycle, and procedures to be followed by
    27  manufacturers with respect to the assignment  and  affixing  of  vehicle
    28  identification numbers.
    29    §  2506.  Exemptions.  1. Fire and police vehicles are exempt from the
    30  provisions of this article, except that the operator of such  a  vehicle
    31  shall be required to be licensed as provided in article nineteen of this
    32  chapter.
    33    2.  Any  autocycle  registered  pursuant to this article that would be
    34  exempt from the payment of registration fees if such vehicle were regis-
    35  tered pursuant to title four of this chapter, shall be exempt  from  the
    36  payment of registration fees under this article.
    37    § 2507. Rules and regulations. The commissioner is hereby empowered to
    38  make such rules and regulations as he or she may deem necessary to carry
    39  out the provisions of this article.
    40    § 2. Subparagraphs (iv), (vii) and (viii) of paragraph (a) of subdivi-
    41  sion  2 of section 501 of the vehicle and traffic law, subparagraph (iv)
    42  as amended by chapter 339 of the laws of 2005  and  subparagraphs  (vii)
    43  and  (viii)  as added by chapter 173 of the laws of 1990, are amended to
    44  read as follows:
    45    (iv) Class D. Such license shall be valid to operate any passenger  or
    46  limited  use automobile, autocycle, or any truck with a GVWR of not more
    47  than twenty-six thousand pounds or any such  vehicle  towing  a  vehicle
    48  with  a  GVWR  of not more than ten thousand pounds, or any such vehicle
    49  towing another vehicle with a GVWR of  more  than  ten  thousand  pounds
    50  provided  such combination of vehicles has a GCWR of not more than twen-
    51  ty-six thousand pounds, or any personal use vehicle with a GVWR  of  not
    52  more  than twenty-six thousand pounds or any such vehicle towing a vehi-
    53  cle with a GVWR of not more than ten thousand pounds,  except  it  shall
    54  not  be valid to operate a tractor, a motorcycle other than a class B or
    55  C limited use motorcycle, a vehicle used  to  transport  passengers  for
    56  hire  or  for  which a hazardous materials endorsement is required, or a

        A. 5390                             4
     1  vehicle defined as a bus in subdivision  one  of  section  five  hundred
     2  nine-a of this title.
     3    (vii)  Class M. Such license shall be valid to operate any motorcycle,
     4  or any motorcycle,  other  than  a  limited  use  motorcycle,  towing  a
     5  trailer, or an autocycle.
     6    (viii) Class MJ. Such license shall be valid to operate any motorcycle
     7  or limited use motorcycle, but not an autocycle, by a person under eigh-
     8  teen  years  of  age.  Such license shall automatically become a class M
     9  license when the holder becomes eighteen years of age.
    10    § 3. Subsection (f) of section 5102 of the insurance law is amended to
    11  read as follows:
    12    (f) "Motor vehicle" means a motor vehicle as defined in section  three
    13  hundred eleven of the vehicle and traffic law and also includes fire and
    14  police  vehicles. It shall not include any motor vehicle not required to
    15  carry financial security pursuant to article six, eight or forty-eight-A
    16  of the vehicle and traffic law or a motorcycle, as defined in subsection
    17  (m) [hereof] of this section or an  autocycle,  as  defined  in  section
    18  twenty-five hundred of the vehicle and traffic law.
    19    § 4. This act shall take effect on the one hundred eightieth day after
    20  it  shall  have  become  a law and shall expire and be deemed repealed 5
    21  years after such date.
feedback