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: (Vetoed) 2019-12-26 - VETOED MEMO.280 [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. LBD11288-08-9A. 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 a53population 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 tractorsA. 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 city23with 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 orA. 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 ofA. 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 electricA. 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.