Bill Text: NY A07431 | 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: Moderate Partisan Bill (Democrat 58-7)

Status: (Introduced) 2019-06-20 - substituted by s5294a [A07431 Detail]

Download: New_York-2019-A07431-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7431--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       May 3, 2019
                                       ___________

        Introduced  by  M.  of  A.  ROZIC, FAHY, D. ROSENTHAL, WALLACE, McMAHON,
          DE LA ROSA, BLAKE, RYAN, CRESPO,  SIMOTAS,  DILAN,  VANEL,  DenDEKKER,
          BRAUNSTEIN,  PHEFFER AMATO,  LUPARDO,  SANTABARBARA,  HYNDMAN, MOSLEY,
          McDONALD, JACOBSON,  FERNANDEZ,  SAYEGH,  COLTON,  CRUZ,  EICHENSTEIN,
          DeSTEFANO,  ORTIZ,  WOERNER,  REYES,  BARRON, LAVINE, HUNTER, BRONSON,
          MORINELLO, STERN, RAYNOR, BURKE, McDONOUGH, RODRIGUEZ, ROMEO, BUTTENS-
          CHON,  JEAN-PIERRE,  PICHARDO,  D'URSO,  WEPRIN,  DICKENS,  B. MILLER,
          JONES,  GRIFFIN, STECK, LIFTON, SOLAGES, BUCHWALD, CUSICK, M. L. MILL-
          ER, PAULIN -- Multi-Sponsored by -- M. of A. HEVESI,  LENTOL  --  read
          once  and  referred  to  the  Committee on Transportation -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- reported and referred to the Committee  on  Codes
          --  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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11288-08-9

        A. 7431--B                          2

     1    (b) "Class two bicycle with electric assist." A bicycle with  electric
     2  assist  having  an electric motor that may be used exclusively to propel
     3  such bicycle, and that is not capable of providing assistance when  such
     4  bicycle reaches a speed of twenty miles per hour.
     5    (c)  "Class three bicycle with electric assist."  Solely within a city
     6  having a population of one million or  more,  a  bicycle  with  electric
     7  assist  having  an electric motor that may be used exclusively to propel
     8  such bicycle, and that is not capable of providing assistance when  such
     9  bicycle reaches a speed of twenty-five miles per hour.
    10    §  2.  The  vehicle and traffic law is amended by adding a new section
    11  114-e to read as follows:
    12    § 114-e. Electric scooter. Every device weighing less than one hundred
    13  pounds that (a) has handlebars, a floorboard that can be stood  upon  by
    14  the  operator, and an electric motor, (b) can be powered by the electric
    15  motor and/or human power, and (c) has a maximum speed of  no  more  than
    16  twenty  miles  per  hour on a paved level surface when powered solely by
    17  the electric motor.
    18    § 3. Section 125 of the vehicle and traffic law, as amended by chapter
    19  365 of the laws of 2008, is amended to read as follows:
    20    § 125. Motor vehicles. Every vehicle operated or driven upon a  public
    21  highway  which  is  propelled  by  any  power other than muscular power,
    22  except (a) electrically-driven mobility assistance devices  operated  or
    23  driven  by a person with a disability, (a-1) electric personal assistive
    24  mobility devices operated outside  a  city  with  a  population  of  one
    25  million  or  more, (b) vehicles which run only upon rails or tracks, (c)
    26  snowmobiles as defined in article forty-seven of this chapter, [and] (d)
    27  all terrain  vehicles  as  defined  in  article  forty-eight-B  of  this
    28  chapter,  (e)  bicycles  with  electric assist as defined in section one
    29  hundred two-c of this article, and (f) electric scooters as  defined  in
    30  section  one  hundred fourteen-e of this article operated outside a city
    31  with a population of one million or more. For the purposes of title four
    32  of this chapter, the term motor vehicle shall exclude  fire  and  police
    33  vehicles  other  than  ambulances.   For the purposes of titles four and
    34  five of this chapter the term motor vehicles  shall  exclude  farm  type
    35  tractors and all terrain type vehicles used exclusively for agricultural
    36  purposes,  or  for  snow  plowing,  other than for hire, farm equipment,
    37  including self-propelled machines used exclusively in growing,  harvest-
    38  ing  or  handling farm produce, and self-propelled caterpillar or crawl-
    39  er-type equipment while being operated on the contract site.
    40    § 3-a. Section 125 of the vehicle  and  traffic  law,  as  amended  by
    41  section three of this act, is amended to read as follows:
    42    § 125. Motor  vehicles. Every vehicle operated or driven upon a public
    43  highway which is propelled by  any  power  other  than  muscular  power,
    44  except  (a)  electrically-driven mobility assistance devices operated or
    45  driven by a person with a disability, (a-1) electric personal  assistive
    46  mobility  devices  operated  outside  a  city  with  a population of one
    47  million or more, (b) vehicles which run only upon rails or  tracks,  (c)
    48  snowmobiles  as  defined in article forty-seven of this chapter, (d) all
    49  terrain vehicles as defined in article forty-eight-B  of  this  chapter,
    50  (e)  bicycles  with  electric  assist  as defined in section one hundred
    51  two-c of this article, and (f) electric scooters as defined  in  section
    52  one  hundred  fourteen-e of this article [operated outside a city with a
    53  population of one million or more]. For the purposes of  title  four  of
    54  this chapter, the term motor vehicle shall exclude fire and police vehi-
    55  cles other than ambulances.  For the purposes of titles four and five of
    56  this  chapter  the  term motor vehicles shall exclude farm type tractors

        A. 7431--B                          3

     1  and  all  terrain  type  vehicles  used  exclusively  for   agricultural
     2  purposes,  or  for  snow  plowing,  other than for hire, farm equipment,
     3  including self-propelled machines used exclusively in growing,  harvest-
     4  ing  or  handling farm produce, and self-propelled caterpillar or crawl-
     5  er-type equipment while being operated on the contract site.
     6    § 4. Section 159 of the vehicle and traffic law is amended to read  as
     7  follows:
     8    § 159. Vehicle.    Every  device  in,  upon, or by which any person or
     9  property is or may be  transported  or  drawn  upon  a  highway,  except
    10  devices  moved  by human power or used exclusively upon stationary rails
    11  or tracks, bicycles with electric  assist  as  defined  in  section  one
    12  hundred  two-c  of  this  article,  and  electric scooters as defined in
    13  section one hundred fourteen-e of this article operated outside  a  city
    14  with a population of one million or more.
    15    §  4-a.  Section  159  of  the  vehicle and traffic law, as amended by
    16  section four of this act, is amended to read as follows:
    17    § 159. Vehicle.  Every device in, upon, or  by  which  any  person  or
    18  property  is  or  may  be  transported  or  drawn upon a highway, except
    19  devices moved by human power or used exclusively upon  stationary  rails
    20  or  tracks,  bicycles  with  electric  assist  as defined in section one
    21  hundred two-c of this article,  and  electric  scooters  as  defined  in
    22  section  one hundred fourteen-e of this article [operated outside a city
    23  with a population of one million or more].
    24    § 5. The vehicle and traffic law is amended by adding two new sections
    25  1242 and 1243 to read as follows:
    26    § 1242. Additional provisions applicable  to  bicycles  with  electric
    27  assist.  1. In addition to complying with all of the rules, regulations,
    28  and  provisions  applicable to bicycles contained in this article, bicy-
    29  cles with electric assist shall operate in a manner so that the electric
    30  motor is disengaged or ceases to function when the brakes are applied or
    31  the rider stops pedaling, or operate in a manner such that the  electric
    32  motor is engaged through a switch or mechanism that, when released, will
    33  cause the electric motor to disengage or cease to function.
    34    2.  Notwithstanding  the  provisions of section twelve hundred thirty-
    35  eight of this article, no person less than sixteen years  of  age  shall
    36  operate  or ride as a passenger upon a bicycle with electric assist, and
    37  no person sixteen years of age or older shall allow any person less than
    38  sixteen years of age to operate or ride as a passenger upon  such  bicy-
    39  cle. The provisions of subdivision seven of section twelve hundred thir-
    40  ty-eight of this article shall be applicable to this subdivision.
    41    3.  The  governing body of any city, town or village may, by local law
    42  or ordinance, further regulate the time, place and manner of the  opera-
    43  tion  of  bicycles with electric assist, and may limit, prohibit the use
    44  thereof in specified areas, or prohibit entirely  the  use  of  bicycles
    45  with electric assist within such city, town, or village.
    46    4.  (a)  No person shall operate a bicycle with electric assist on any
    47  public lands or property, other than a highway exclusive of any greenway
    48  running adjacent to or connected with a highway, except that  a  bicycle
    49  with  electric  assist  may be operated on any such lands that have been
    50  designated and posted for travel by bicycles  with  electric  assist  in
    51  accordance with the provisions of paragraph (b) of this subdivision. For
    52  the  purposes  of  this  subdivision, the term "greenway" shall have the
    53  same meaning as such term is defined by  subdivision  seven  of  section
    54  44-0103  of  the  environmental  conservation law and subdivision one of
    55  section 39.03 of the parks, recreation and historic preservation law.

        A. 7431--B                          4

     1    (b) A state agency, by regulation  or  order,  and  a  city,  town  or
     2  village, by local law or ordinance, may designate any appropriate public
     3  lands  and properties under its jurisdiction, other than highways exclu-
     4  sive of any greenway running adjacent to or connected with a highway, as
     5  a  place  open  for travel by bicycles with electric assist upon written
     6  request for such designation by any person, and may impose  restrictions
     7  and  conditions  for  the regulation and safe operation of bicycles with
     8  electric assist on such public lands or  property,  such  as  travel  on
     9  designated trails and hours of operation.
    10    5.  (a)  No person shall operate a bicycle with electric assist unless
    11  such operation is in compliance with the provisions of this chapter, and
    12  any regulation or order or local law or ordinance  adopted  pursuant  to
    13  subdivisions three and four of this section.
    14    (b)  No  bicycle with electric assist shall be operated on a sidewalk,
    15  except as may be authorized by a local law or  ordinance  adopted  by  a
    16  city,  town  or village having jurisdiction over such sidewalk including
    17  parking on certain sidewalks  within  such  city,  town  or  village  in
    18  compliance  with the federal Americans with Disabilities Act of 1990, as
    19  amended (Public Law 101-336).
    20    6. The operation of a bicycle with electric  assist  which  meets  the
    21  requirements  of  subdivision  (c)  of section one hundred two-c of this
    22  chapter outside of a city having a population of one million or more  is
    23  prohibited.
    24    7.  (a)  No  person,  firm,  association or corporation engaged in the
    25  business of selling or leasing bicycles with electric assist shall  sell
    26  or  lease  any  bicycle with electric assist on or after June first, two
    27  thousand twenty-one unless such bicycle with electric assist has  perma-
    28  nently  affixed thereto, in a prominent location, a manufacturer's label
    29  which shall  include  the  following  information:  the  class,  maximum
    30  motor-assisted  speed,  and  motor wattage of such bicycle with electric
    31  assist. Manufacturers and distributors of bicycles with electric  assist
    32  shall,  by  April first, two thousand twenty-one, establish a process by
    33  which an owner of a bicycle with electric assist may request and  obtain
    34  a  manufacturer's  label  providing  the  class,  maximum motor-assisted
    35  speed, and motor wattage applicable to his or her bicycle with  electric
    36  assist  purchased  prior  to  June  first,  two  thousand twenty-one and
    37  installation instructions, from such manufacturers and distributors.
    38    (b) No person shall operate a bicycle  with  electric  assist  on  any
    39  public  highway  or  street in this state after June first, two thousand
    40  twenty-one unless such bicycle with electric assist has affixed thereto,
    41  in a prominent location, a manufacturer's  label  providing  the  class,
    42  maximum  motor-assisted  speed,  and  motor wattage of such bicycle with
    43  electric assist. Any person who violates the provisions  of  this  para-
    44  graph  shall  be  punished  by  a civil fine of up to fifty dollars. The
    45  court shall  waive  any  fine  for  which  a  person  who  violates  the
    46  provisions of this paragraph would be liable if such person supplies the
    47  court  with  proof  that, between the date on which he or she is charged
    48  with having violated this paragraph and the  appearance  date  for  such
    49  violation, a manufacturer's label was affixed to his or her bicycle with
    50  electric  assist  as required by this paragraph. Provided, however, that
    51  such waiver of fine shall not apply to a second or subsequent conviction
    52  under this paragraph.
    53    8. A police officer shall only issue a summons for a violation of this
    54  section by a person less than sixteen years of  age  to  the  parent  or
    55  guardian  of  such  person if the violation by such person occurs in the
    56  presence of such person's parent or guardian and where  such  parent  or

        A. 7431--B                          5

     1  guardian  is  eighteen years of age or older. Such summons shall only be
     2  issued to such parent or guardian, and shall not be issued to the person
     3  less than sixteen years of age.
     4    §  1243.  Shared  bicycle  and  shared  bicycle  with  electric assist
     5  systems; data protection. 1. The governing body of  any  city,  town  or
     6  village may, by local law, ordinance, order, rule or regulation, author-
     7  ize  and regulate shared bicycle systems or shared bicycle with electric
     8  assist systems within such city,  town  or  village.    No  such  shared
     9  systems  shall  operate within a city, town or village except as author-
    10  ized by such local law, ordinance, order, rule or  regulation.  For  the
    11  purposes  of  this subdivision, the term shared bicycle system or shared
    12  bicycle with electric assist system shall mean a network of self-service
    13  and publicly available bicycles or  bicycles  with  electric  assist  in
    14  which a bicycle or bicycle with electric  assist trip begins and/or ends
    15  on any public highway.
    16    2.  Notwithstanding  any  other  provision of law to the contrary, all
    17  trip data, personal information,  images,  videos,  and  other  recorded
    18  images  collected  by  any shared bicycle  system or shared bicycle with
    19  electric assist system which is authorized to  operate  within  a  city,
    20  town or village pursuant to this section: (a) shall be for the exclusive
    21  use of such shared bicycle or shared bicycle with electric assist system
    22  and  shall not be sold, distributed, or otherwise made available for any
    23  commercial purpose and (b) shall not  be  disclosed  or  otherwise  made
    24  accessible  except  (i)  to the person who is the subject of such  data,
    25  information or record; or (ii) if necessary  to  comply  with  a  lawful
    26  court  order,  judicial  warrant signed by a judge appointed pursuant to
    27  article III of the United States  constitution, or subpoena for individ-
    28  ual data, information or records properly issued  pursuant to the crimi-
    29  nal procedure law or the civil practice law and rules. Provided,  howev-
    30  er, that nothing contained in this paragraph shall be deemed to preclude
    31  the exchange of such data, information or recorded images solely for the
    32  purpose of administering such authorized shared system. For the purposes
    33  of  this subdivision, "personal information" shall mean information that
    34  identifies an individual, including but not limited  to  name,  address,
    35  telephone number, and the type and form of payment including credit card
    36  number, debit card number, or other payment method.
    37    §  6.  The  vehicle and traffic law is amended by adding a new article
    38  34-D to read as follows:
    39                                ARTICLE 34-D
    40                       OPERATION OF ELECTRIC SCOOTERS
    41  Section 1280. Effect of regulations.
    42          1281. Traffic laws apply to persons operating electric scooters;
    43                  local laws.
    44          1282. Operating electric scooters.
    45          1283. Clinging to vehicles.
    46          1284. Riding on roadways,  shoulders,  and  lanes  reserved  for
    47                  non-motorized vehicles and devices.
    48          1285. Lamps and other equipment.
    49          1286. Leaving  the  scene  of  an incident involving an electric
    50                  scooter without reporting in the second degree.
    51          1287. Leaving the scene of an  incident  involving  an  electric
    52                  scooter without reporting in the first degree.
    53    §  1280.  Effect  of  regulations.  1. The parent of any child and the
    54  guardian of any ward shall not authorize or knowingly  permit  any  such
    55  child or ward to violate any of the provisions of this article.

        A. 7431--B                          6

     1    2. These regulations applicable to electric scooters shall apply when-
     2  ever  an  electric  scooter  is  operated upon any highway, upon private
     3  roads open to public motor vehicle traffic and upon any path  set  aside
     4  for the exclusive use of bicycles, in-line skates, electric scooters, or
     5  all.
     6    §  1281.  Traffic  laws  apply to persons operating electric scooters;
     7  local laws. 1. Every person riding an electric scooter  upon  a  roadway
     8  shall  be  granted  all of the rights and shall be subject to all of the
     9  duties applicable to the driver of a vehicle and the rider of a  bicycle
    10  by  this  title,  except  as  to special regulations in this article and
    11  except as to those provisions of this title which by  their  nature  can
    12  have no application.
    13    2.  The  governing body of any city, town or village may, by local law
    14  or ordinance, further regulate the time, place and manner of the  opera-
    15  tion  of  electric  scooters, and may limit, prohibit the use thereof in
    16  specified areas, or prohibit entirely the use of electric scooters with-
    17  in such city, town, or village.
    18    3. No person shall operate an electric scooter unless  such  operation
    19  is in compliance with the provisions of this chapter, and any regulation
    20  or  order  or local law or ordinance adopted pursuant to subdivision two
    21  of this section or subdivision six of section twelve hundred  eighty-two
    22  of  this article.  The provisions of subdivision seven of section twelve
    23  hundred thirty-eight of this title shall be applicable to this article.
    24    § 1282. Operating electric scooters. 1. No electric scooter  shall  be
    25  used  to  carry  more persons at one time than the number for which such
    26  device is designed and equipped. No person operating an electric scooter
    27  shall carry any person as a passenger in a pack fastened to the operator
    28  or fastened to the electric scooter.
    29    2. No person operating an electric scooter shall  carry  any  package,
    30  bundle  or article which prevents the operator from keeping at least one
    31  hand upon the handle bars or which obstructs his or her  vision  in  any
    32  direction.
    33    3. Every person operating an electric scooter shall yield the right of
    34  way to pedestrians.
    35    4. No person less than sixteen years of age shall operate or ride as a
    36  passenger  upon  an electric scooter, and no person sixteen years of age
    37  or older shall allow any person less than sixteen years of age to  oper-
    38  ate  or  ride  as  a passenger upon such scooter. A police officer shall
    39  only issue a summons for a violation of this  subdivision  by  a  person
    40  less  than sixteen years of age to the parent or guardian of such person
    41  if the violation by such person occurs in the presence of such  person's
    42  parent  or  guardian and where such parent or guardian is eighteen years
    43  of age or more.  Such summons shall only be issued  to  such  parent  or
    44  guardian,  and shall not be issued to the person less than sixteen years
    45  of age.
    46    5. No person shall operate an electric scooter on a  sidewalk,  except
    47  as may be authorized by a local law or ordinance adopted by a city, town
    48  or  village  having jurisdiction over such sidewalk including parking on
    49  certain sidewalks within such city, town or village in  compliance  with
    50  the  federal Americans with Disabilities Act of 1990, as amended (Public
    51  Law 101-336).
    52    6. (a) No person shall operate an electric scooter on any public lands
    53  or property, other than a highway  exclusive  of  any  greenway  running
    54  adjacent to or connected with a highway, except that an electric scooter
    55  may  be  operated on any such lands that have been designated and posted
    56  for travel by electric scooters in accordance  with  the  provisions  of

        A. 7431--B                          7

     1  paragraph (b) of this subdivision. For the purposes of this subdivision,
     2  the  term "greenway" shall have the same meaning as such term is defined
     3  by subdivision seven of section 44-0103 of the  environmental  conserva-
     4  tion  law  and subdivision one of section 39.03 of the parks, recreation
     5  and historic preservation law.
     6    (b) A state agency, by regulation  or  order,  and  a  city,  town  or
     7  village, by local law or ordinance, may designate any appropriate public
     8  lands  and properties under its jurisdiction, other than highways exclu-
     9  sive of any greenway running adjacent to or connected with a highway, as
    10  a place open for travel by electric scooters upon  written  request  for
    11  such  designation  by any person, and may impose restrictions and condi-
    12  tions for the regulation and safe operation of electric scooters on such
    13  public lands or property, such as travel on designated trails and  hours
    14  of operation.
    15    7.  (a)  No  person,  firm,  association or corporation engaged in the
    16  business of selling or leasing electric scooters shall sell or lease any
    17  electric scooter on or after June first, two thousand twenty-one  unless
    18  such  electric  scooter  has  in  a prominent location, a manufacturer's
    19  label which shall include the following information: the maximum  motor-
    20  assisted speed, the number of persons for which such electric scooter is
    21  designed  and  equipped,  and  motor  wattage  of such electric scooter.
    22  Manufacturers and distributors of  electric  scooters  shall,  by  April
    23  first, two thousand twenty-one, establish a process by which an owner of
    24  an  electric  scooter  may  request  and  obtain  a manufacturer's label
    25  providing the maximum motor-assisted speed, the number  of  persons  for
    26  which  such electric scooter is designed and equipped, and motor wattage
    27  applicable to his or her electric scooter purchased prior to June first,
    28  two  thousand  twenty-one  and  installation  instructions,  from   such
    29  manufacturers and distributors.
    30    (b)  No person shall operate an electric scooter on any public highway
    31  or street in this state after June first, two thousand twenty-one unless
    32  such electric scooter has in  a  prominent  location,  a  manufacturer's
    33  label  providing the maximum motor-assisted speed, the number of persons
    34  for which such electric scooter is  designed  and  equipped,  and  motor
    35  wattage of such electric scooter. Any person who violates the provisions
    36  of  this  paragraph  shall  be  punished  by a civil fine of up to fifty
    37  dollars. The court shall waive any fine for which a person who  violates
    38  the provisions of this paragraph would be liable if such person supplies
    39  the  court  with  proof  that,  between  the  date on which he or she is
    40  charged with having violated this paragraph and the appearance date  for
    41  such  violation,  a manufacturer's label was affixed to his or her elec-
    42  tric scooter as required by this paragraph. Provided, however, that such
    43  waiver of fine shall not apply to  a  second  or  subsequent  conviction
    44  under this paragraph.
    45    8.  (a)  The governing body of any city, town or village may, by local
    46  law, ordinance, order, rule or regulation, authorize and regulate shared
    47  electric scooter systems within such city,  town  or  village.  No  such
    48  shared  systems  shall  operate within a city, town or village except as
    49  authorized by such local law, ordinance, order, rule or regulation.   No
    50  such  shared electric scooter system shall operate on public highways in
    51  a county with a population of no less  than  one  million  five  hundred
    52  eighty-six  thousand  and  no more than one million five hundred eighty-
    53  seven thousand as of the two thousand ten decennial  census.    For  the
    54  purposes  of  this  subdivision, the term shared electric scooter system
    55  shall mean a network of self-service  and  publicly  available  electric

        A. 7431--B                          8

     1  scooters,  and related infrastructure, in which an electric scooter trip
     2  begins and/or ends on any public highway.
     3    (b)  Notwithstanding  any  other provision of law to the contrary, all
     4  trip data, personal information,  images,  videos,  and  other  recorded
     5  images  collected by any shared electric scooter system which is author-
     6  ized to operate within a city, town or village pursuant to this section:
     7  (i) shall be for the exclusive  use  of  such  shared  electric  scooter
     8  system  and  shall  not be sold, distributed or otherwise made available
     9  for any commercial purpose and (ii) shall not be disclosed or  otherwise
    10  made  accessible  except:  (1)  to the person who is the subject of such
    11  data, information or record; or (2) if necessary to comply with a lawful
    12  court order, judicial warrant signed by a judge  appointed  pursuant  to
    13  article  III of the United States constitution, or subpoena for individ-
    14  ual data, information or records properly issued pursuant to the  crimi-
    15  nal  procedure law or the civil practice law and rules. Provided, howev-
    16  er, that nothing contained in this paragraph shall be deemed to preclude
    17  the exchange of such data, information or recorded images solely for the
    18  purpose of administering such authorized shared system.
    19    § 1283. Clinging to vehicles.  1.  No  person  operating  an  electric
    20  scooter shall attach such scooter, or himself or herself, to any vehicle
    21  being operated upon a roadway.
    22    2. No vehicle operator shall knowingly permit any person to attach any
    23  electric  scooter  or  himself  or herself to such operator's vehicle in
    24  violation of subdivision one of this section.
    25    § 1284. Riding on roadways, shoulders, and lanes reserved for  non-mo-
    26  torized vehicles and devices. 1. Upon all roadways, any electric scooter
    27  shall  be  operated either on a usable bicycle or in-line skate lane or,
    28  if a usable bicycle or in-line skate lane has not  been  provided,  near
    29  the  right-hand  curb or edge of the roadway or upon a usable right-hand
    30  shoulder in such a manner as to prevent undue interference with the flow
    31  of traffic except when preparing for a  left  turn  or  when  reasonably
    32  necessary  to  avoid  conditions  that  would make it unsafe to continue
    33  along near the right-hand curb or edge.  Conditions  to  be  taken  into
    34  consideration  include, but are not limited to, fixed or moving objects,
    35  vehicles,  bicycles,  in-line  skates,  pedestrians,  animals,   surface
    36  hazards  or  traffic lanes too narrow for a person operating an electric
    37  scooter and a vehicle to travel safely side-by-side within the lane.
    38    2. Persons operating electric  scooters  upon  a  roadway  shall  ride
    39  single  file. Persons operating electric scooters upon a shoulder, bicy-
    40  cle or in-line skate lane, or bicycle or in-line skate path intended for
    41  the use of bicycles, in-line skates or electric scooters may ride two or
    42  more abreast if sufficient space is available, except that when  passing
    43  a  vehicle, bicycle, electric personal assistive mobility device, person
    44  on in-line skates or pedestrian standing or proceeding along such shoul-
    45  der, lane or path, persons operating  electric  scooters  shall  operate
    46  such scooters single file.
    47    3.  Any person operating an electric scooter who is entering a roadway
    48  from a private road, driveway, alley or over a curb shall come to a full
    49  stop before entering the roadway.
    50    § 1285. Lamps and other equipment. 1. Every electric scooter  when  in
    51  use  during  the period from one-half hour after sunset to one-half hour
    52  before sunrise shall be equipped with a lamp on the  front  which  shall
    53  emit  a  white light visible during hours of darkness from a distance of
    54  at least five hundred feet to the front and with a red light visible  to
    55  the rear for three hundred feet.

        A. 7431--B                          9

     1    2.  No person shall operate an electric scooter unless such scooter is
     2  equipped with a bell or other device capable of giving a signal  audible
     3  for  a  distance  of  at least one hundred feet, except that an electric
     4  scooter shall not be equipped with nor shall  any  person  use  upon  an
     5  electric scooter any siren or whistle.
     6    3.  Every  electric  scooter shall be equipped with a brake which will
     7  enable the operator to make the braked wheels skid on dry, level,  clean
     8  pavement.
     9    § 1286. Leaving the scene of an incident involving an electric scooter
    10  without reporting in the second degree. 1. Any person age eighteen years
    11  or  older  operating an electric scooter who, knowing or having cause to
    12  know, that physical injury, as defined in subdivision  nine  of  section
    13  10.00  of  the  penal law, has been caused to another person, due to the
    14  operation of such electric scooter by such person, shall, before leaving
    15  the place where such physical injury occurred, stop, and provide his  or
    16  her  name  and  residence,  including  street  and street number, to the
    17  injured party, if practical, and also to a police  officer,  or  in  the
    18  event  that  no  police  officer is in the vicinity of the place of said
    19  injury, then such person shall report such incident  as  soon  as  phys-
    20  ically able to the nearest police station or judicial officer.
    21    2.  Leaving  the  scene  of  an incident involving an electric scooter
    22  without reporting in the second degree is a violation.
    23    § 1287. Leaving the scene of an incident involving an electric scooter
    24  without reporting in the first degree. 1. Any person age eighteen  years
    25  or  older  operating an electric scooter who, knowing or having cause to
    26  know, that serious physical injury, as defined  in  subdivision  ten  of
    27  section  10.00  of the penal law, has been caused to another person, due
    28  to the operation of such electric scooter by such person, shall,  before
    29  leaving the place where such serious physical injury occurred, stop, and
    30  provide  his  or  her  name  and  residence, including street and street
    31  number, to the injured party, if practical, and also to a  police  offi-
    32  cer,  or  in  the event that no police officer is in the vicinity of the
    33  place of said injury, then such person shall  report  said  incident  as
    34  soon  as physically able to the nearest police station or judicial offi-
    35  cer.
    36    2. Leaving the scene of an  incident  involving  an  electric  scooter
    37  without reporting in the first degree is a class B misdemeanor.
    38    § 7. Paragraph 3 of subdivision (a) of section 1642 of the vehicle and
    39  traffic law is amended to read as follows:
    40    3.  The prohibition or regulation of the use of any highway by partic-
    41  ular vehicles or  classes  or  types  thereof,  bicycles  with  electric
    42  assist, or devices moved by human power.
    43    §  7-a.  Paragraph 3 of subdivision (a) of section 1642 of the vehicle
    44  and traffic law, as amended by section seven of this act, is amended  to
    45  read as follows:
    46    3.  The prohibition or regulation of the use of any highway by partic-
    47  ular vehicles or  classes  or  types  thereof,  bicycles  with  electric
    48  assist, electric scooters, or devices moved by human power.
    49    §  8. The provisions of article 34-D of the vehicle and traffic law as
    50  added by section six of this act shall not apply in a city with a  popu-
    51  lation of one million or more.
    52    § 9. This act shall take effect on the one hundred eightieth day after
    53  it  shall  have  become a law; provided, however, that sections three-a,
    54  four-a and seven-a shall take effect on the two hundred  seventieth  day
    55  after  this  act shall have become a law; provided, further that section
    56  eight of this act shall expire and be deemed repealed two hundred seven-

        A. 7431--B                         10

     1  ty days after it shall have become a law.   Effective  immediately,  the
     2  addition,  amendment  and/or  repeal of any rule or regulation necessary
     3  for the implementation of this act on its effective date are  authorized
     4  to be made and completed on or before such effective date.
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