Bill Text: NY A08465 | 2019-2020 | General Assembly | Introduced
Bill Title: Directs the development of regional safety plans for the use of electric scooters including annual reporting on electric scooter safety, places restrictions on the use of electric scooters in certain municipalities and adds an electric scooter safety component to the pre-licensing driver's education course.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A08465 Detail]
Download: New_York-2019-A08465-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8465 2019-2020 Regular Sessions IN ASSEMBLY July 8, 2019 ___________ Introduced by M. of A. ROZIC -- read once and referred to the Committee on Transportation AN ACT to amend the transportation law, in relation to the development of regional safety plans for the use of electric scooters; and to amend the vehicle and traffic law, in relation to adding an electric scooter safety component to the pre-licensing driver's education course and restrictions on the use of electric scooters in certain municipalities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The transportation law is amended by adding a new section 2 23 to read as follows: 3 § 23. Regional safety plans; electric scooters. 1. The commissioner of 4 transportation, in conjunction with the commissioner of motor vehicles 5 and municipal governments, shall formulate and from time to time revise 6 regional safety plans regarding the use of electric scooters. Such 7 regional safety plans shall include, but are not limited to: 8 (a) implementation of a curfew on the operation of electric scooters; 9 (b) allowance of a temporary ban on the operation of electric scooters 10 in certain circumstances including, but not limited to, extreme weather 11 or an event causing significant pedestrian crowding; 12 (c) establishment of electric scooter free zones for reasons includ- 13 ing, but not limited to, pedestrian traffic, unsafe road conditions or 14 other prohibitive conditions; 15 (d) a requirement that electric scooter providers and municipalities 16 expand electric scooter parking facilities at the cost of such electric 17 scooter providers; 18 (e) an age requirement for the operation of electric scooters; and 19 (f) a requirement that an electric scooter operator shall wear protec- 20 tive headgear meeting standards established by the commissioner. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13397-01-9A. 8465 2 1 2. The commissioner of transportation, in conjunction with the commis- 2 sioner of motor vehicles, shall submit one year following the effective 3 date of this section, and annually thereafter, a report on electric 4 scooter use and safety to the governor, the speaker of the assembly and 5 the temporary president of the senate. Such report shall include, but is 6 not limited to: 7 (a) an analysis of accidents involving electric scooters and motor 8 vehicles, pedestrians and cyclists; 9 (b) an analysis of how able roadways are to accommodate the use of 10 electric scooters; 11 (c) the number of accidents involving the operation of an electric 12 scooter that occur and the injuries that have been sustained; and 13 (d) recommendations for the improvement of the regional safety plans 14 and additional legislative measures that would improve electric scooter 15 safety. 16 3. For the purposes of this section the following terms shall have the 17 following meanings: 18 (a) "Electric scooter" shall include every device weighing less than 19 one hundred pounds that (i) has handlebars and an electric motor, (ii) 20 is powered by the electric motor and/or human power, and (iii) has a 21 maximum speed of no more than twenty miles per hour on a paved level 22 surface when powered solely by the electric motor. 23 (b) "Electric scooter provider" means a person or entity that offers, 24 makes available, or provides an electric scooter in exchange for finan- 25 cial compensation or membership via a digital application or other elec- 26 tronic or digital platform. 27 § 2. Subparagraph (i) of paragraph (a) and paragraphs (b) and (d) of 28 subdivision 4 of section 502 of the vehicle and traffic law, as amended 29 by chapter 355 of the laws of 2017, are amended and a new paragraph 30 (c-4) is added to read as follows: 31 (i) Upon submission of an application for a driver's license, the 32 applicant shall be required to take and pass a test, or submit evidence 33 of passage of a test, with respect to the laws relating to traffic, the 34 laws relating to driving while ability is impaired and while intoxicat- 35 ed, under the overpowering influence of "Road Rage", "Work Zone Safety" 36 awareness and "Motorcycle Safety" awareness as defined by the commis- 37 sioner, the law relating to exercising due care to avoid colliding with 38 a parked, stopped or standing authorized emergency vehicle or hazard 39 vehicle pursuant to section eleven hundred forty-four-a of this chapter, 40 the ability to read and comprehend traffic signs and symbols and such 41 other matters as the commissioner may prescribe, and to satisfactorily 42 complete a course prescribed by the commissioner of not less than four 43 hours and not more than five hours, consisting of classroom driver 44 training and highway safety instruction or the equivalent thereof. Such 45 tests shall include one or more questions concerning electric scooter 46 safety. Such test shall include at least seven written questions 47 concerning the effects of consumption of alcohol or drugs on the ability 48 of a person to operate a motor vehicle and the legal and financial 49 consequences resulting from violations of section eleven hundred nine- 50 ty-two of this chapter, prohibiting the operation of a motor vehicle 51 while under the influence of alcohol or drugs. Such test shall include 52 one or more written questions concerning the devastating effects of 53 "Road Rage" on the ability of a person to operate a motor vehicle and 54 the legal and financial consequences resulting from assaulting, threat- 55 ening or interfering with the lawful conduct of another person legally 56 using the roadway. Such test shall include one or more questionsA. 8465 3 1 concerning the potential dangers to persons and equipment resulting from 2 the unsafe operation of a motor vehicle in a work zone. Such test may 3 include one or more questions concerning motorcycle safety. Such test 4 may include one or more questions concerning the law for exercising due 5 care to avoid colliding with a parked, stopped or standing vehicle 6 pursuant to section eleven hundred forty-four-a of this chapter. Such 7 test shall be administered by the commissioner. The commissioner shall 8 cause the applicant to take a vision test and a test for color blind- 9 ness. Upon passage of the vision test, the application may be accepted 10 and the application fee shall be payable. 11 (b) Upon successful completion of the requirements set forth in para- 12 graph (a) of this subdivision which shall include an alcohol and drug 13 education component as described in paragraph (c) of this subdivision, a 14 "Road Rage" awareness component as described in paragraph (c-1) of this 15 subdivision [and], a "Work Zone Safety" awareness component as described 16 in paragraph (c-2) of this subdivision, [and] a "Motorcycle Safety" 17 awareness component as described in paragraph (c-3) of this subdivision 18 and an "Electric Scooter Safety" awareness component as described in 19 paragraph (c-4) of this subdivision the commissioner shall cause the 20 applicant to take a road test in a representative vehicle of a type 21 prescribed by the commissioner which shall be appropriate to the type of 22 license for which application is made, except that the commissioner may 23 waive the road test requirements for certain classes of applicants. The 24 commissioner shall have the power to establish a program to allow 25 persons other than employees of the department to conduct road tests in 26 representative vehicles when such tests are required for applicants to 27 obtain a class A, B or C license. If she chooses to do so, she shall set 28 forth her reasons in writing and conduct a public hearing on the matter. 29 She shall only establish such a program after holding the public hear- 30 ing. 31 (c-4) "Electric scooter" component. (i) The commissioner shall provide 32 in the pre-licensing course, set forth in paragraph (b) of this subdivi- 33 sion, a mandatory component in "electric scooter safety" education as a 34 prerequisite for obtaining a license to operate a motor vehicle. The 35 purpose of the component is to educate prospective licensees on the 36 potential dangers to electric scooter operators created by motor vehi- 37 cles. 38 (ii) The commissioner shall establish a curriculum for the "Electric 39 Scooter Safety" awareness component which shall include but not be 40 limited to: safely passing an electric scooter operator on the road, 41 special considerations while driving in urban areas, bicycle lanes as 42 defined in section one hundred two-a of this chapter and other roadway 43 designs employed in New York state for the safety of electric scooter 44 operators, how to navigate an intersection with electric scooter opera- 45 tors, exiting a vehicle without endangering electric scooter operators, 46 the requirement that drivers exercise due care to avoid collision with 47 an electric scooter operator on the road pursuant to section eleven 48 hundred forty-six of this chapter. 49 (iii) In developing such curriculum, the commissioner shall consult 50 with the commissioner of transportation, the commissioner of transporta- 51 tion of the city of New York and electric scooter advocates. 52 (d) The commissioner shall make available for distribution upon regis- 53 tration at each location where the pre-licensing course will be given, 54 instructional handbooks outlining the content of the entire curriculum 55 of the pre-licensing course including the information required to be 56 included in the course pursuant to paragraphs (c), (c-1), (c-2) [and],A. 8465 4 1 (c-3) and (c-4) of this subdivision. The commissioner shall also provide 2 for the additional training of the instructors necessary for the compe- 3 tent instruction of the alcohol and drug education, "Road Rage" aware- 4 ness, "Work Zone Safety" awareness [and], "Motorcycle Safety" awareness, 5 and "Electric Scooter Safety" awareness subject matters of the pre-li- 6 censing course. 7 § 3. The vehicle and traffic law is amended by adding a new section 8 1287 to read as follows: 9 § 1287. Restrictions on the operation of electric scooters in certain 10 municipalities. 1. No person shall operate an electric scooter in a 11 municipality that has not implemented a regional safety plan pursuant to 12 section twenty-three of the transportation law. 13 2. Notwithstanding any provision of law to the contrary no person 14 shall operate an electric scooter in the borough of Manhattan in the 15 city of New York. 16 § 4. This act shall take effect on the same date and in the same 17 manner as a chapter of the laws of 2019 amending the vehicle and traffic 18 law relating to bicycles with electric assist and electric scooters, as 19 proposed in legislative bills numbers S. 5294 and A. 7431, takes effect. 20 Effective immediately, the addition, amendment and/or repeal of any rule 21 or regulation necessary for the implementation of this act on its effec- 22 tive date are authorized to be made and completed on or before such 23 effective date.
