Bill Text: NY A08482 | 2017-2018 | General Assembly | Amended


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 - Dead) 2018-02-16 - print number 8482a [A08482 Detail]

Download: New_York-2017-A08482-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         8482--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 16, 2017
                                       ___________
        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Transportation -- recommitted to the Committee  on  Transporta-
          tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  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  the  regis-
          tration  and  operation of autocycles; and providing 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13182-02-8

        A. 8482--A                          2
     1  such autocycle has been registered in accordance with article fifteen of
     2  this chapter, the registration for such autocycle is in full  force  and
     3  effect  and  the  registration  number  plate or plates are displayed as
     4  hereinafter provided.
     5    2. The fees for the registration, renewal, reregistration or amendment
     6  or duplicate of a registration of an autocycle shall be the same fees as
     7  if  such vehicle were registered pursuant to section four hundred ten of
     8  this chapter.
     9    3. Every person operating an autocycle registered in  accordance  with
    10  any  of  the  provisions  of this article, shall, upon the demand of any
    11  magistrate, police officer, peace officer, when acting pursuant  to  his
    12  or  her  special  duties,  or motor vehicle hearing officer, produce for
    13  inspection the certificate of registration for such autocycle and  shall
    14  furnish  to such person any information necessary for the identification
    15  of such autocycle and its owner. The failure to produce the  certificate
    16  of registration as provided herein shall not be an offense, but shall be
    17  presumptive  evidence of the operation of an autocycle not registered as
    18  required by this article.
    19    4. The registration provisions of this article shall not  apply  to  a
    20  non-resident  who has registered his or her autocycle in compliance with
    21  the registration or licensing laws of the state, province or country  of
    22  his or her residence, provided that the autocycle is appropriately iden-
    23  tified  by  an identification plate, sticker or other identifying device
    24  issued by such state, province or country.
    25    § 2502. Revocation and suspension. The registration  of  an  autocycle
    26  may be revoked or suspended in the same manner and to the same effect as
    27  that  of  a  motorcycle  registered  pursuant to article fifteen of this
    28  chapter.
    29    § 2503. Display of registration number plate or plates. 1. The  regis-
    30  tration  number  plate  or  plates  assigned  to  an  autocycle shall be
    31  displayed on the autocycle at all times such vehicle is operated on  the
    32  public  highways  in such manner as the commissioner may, by regulation,
    33  prescribe.  One or two registration number plates, as determined by  the
    34  commissioner,  shall  be issued by the commissioner for an autocycle. No
    35  number other than the registration number plate assigned to an autocycle
    36  by the commissioner, or the identification number  of  the  registration
    37  issued  by  another  state  shall  be  painted,  attached  or  otherwise
    38  displayed on an autocycle when such autocycle is  being  operated  on  a
    39  public  highway.  Nothing herein shall prohibit the display of a vehicle
    40  identification number plate or number affixed by the manufacturer or his
    41  or her agent in accordance with section four  hundred  fifteen  of  this
    42  chapter.
    43    2. Dealer demonstrator number plates shall conform to the requirements
    44  set  forth  in  subdivision  one of this section with the exception that
    45  such number plates may be temporarily but firmly affixed to the  autocy-
    46  cle being demonstrated or tested.
    47    3.  The  use  of dealer demonstrator number plates shall be subject to
    48  the provisions of sections four hundred fifteen and four hundred sixteen
    49  of this chapter.
    50    4. No dealer shall permit a dealer demonstrator  number  plate  to  be
    51  used  on any autocycle unless such autocycle would qualify for the issu-
    52  ance of such a number plate when registered.
    53    § 2504. Equipment, inspection and insurance. 1. An autocycle shall  be
    54  manufactured to comply with federal safety requirements for a motorcycle
    55  and, as otherwise provided pursuant to this section, shall be subject to
    56  the  equipment  requirements  of  this  chapter that are applicable to a

        A. 8482--A                          3
     1  motorcycle. The equipment and operator of an autocycle shall be  subject
     2  to  the requirements of subdivisions six, seven, nine, nine-a and ten of
     3  section three hundred eighty-one of this chapter; provided however, that
     4  the  commissioner  may,  by  regulation, provide for different equipment
     5  requirements for different types of autocycles. No person shall  operate
     6  an  autocycle  on  the public highways of this state in violation of the
     7  provisions of this section or regulations promulgated by the commission-
     8  er thereunder.
     9    2. Autocycles shall be subject to the inspection requirements of arti-
    10  cle five of this chapter. The commissioner may, by  regulation,  provide
    11  for different inspection procedures for different types of autocycles.
    12    3.  The  insurance provisions of articles six, seven and eight of this
    13  chapter shall be applicable to autocycles.
    14    § 2505. Dealers and manufacturers. 1. No person shall  engage  in  the
    15  business  of  selling  autocycles unless there shall have been issued to
    16  the person a dealer registration in accordance with section four hundred
    17  fifteen of this chapter. The commissioner may,  by  regulation,  provide
    18  for  identification of dealers as dealers of autocycles, and the commis-
    19  sioner shall make provisions for  the  issuance  of  appropriate  dealer
    20  demonstrator number plates to such dealers.
    21    2.  No  dealer  shall acquire any autocycles for the purpose of resale
    22  for use on the public highways within this state unless such  autocycles
    23  have  a vehicle identification number in a form and manner acceptable to
    24  the commissioner permanently affixed to the frame by the manufacturer or
    25  authorized agent of the manufacturer.
    26    3. The commissioner may prescribe, by  regulation,  procedures  to  be
    27  followed  by  dealers  with  respect  to  record  keeping  and documents
    28  required upon the sale of an autocycle, and procedures to be followed by
    29  manufacturers with respect to the assignment  and  affixing  of  vehicle
    30  identification numbers.
    31    §  2506.  Exemptions.  1. Fire and police vehicles are exempt from the
    32  provisions of this article, except that the operator of such  a  vehicle
    33  shall be required to be licensed as provided in article nineteen of this
    34  chapter.
    35    2.  Any  autocycle  registered  pursuant to this article that would be
    36  exempt from the payment of registration fees if such vehicle were regis-
    37  tered pursuant to title four of this chapter, shall be exempt  from  the
    38  payment of registration fees under this article.
    39    § 2507. Rules and regulations. The commissioner is hereby empowered to
    40  make such rules and regulations as he or she may deem necessary to carry
    41  out the provisions of this article.
    42    § 2. Subparagraphs (iv), (vii) and (viii) of paragraph (a) of subdivi-
    43  sion  2 of section 501 of the vehicle and traffic law, subparagraph (iv)
    44  as amended by chapter 339 of the laws of 2005  and  subparagraphs  (vii)
    45  and  (viii)  as added by chapter 173 of the laws of 1990, are amended to
    46  read as follows:
    47    (iv) Class D. Such license shall be valid to operate any passenger  or
    48  limited  use automobile, autocycle, or any truck with a GVWR of not more
    49  than twenty-six thousand pounds or any such  vehicle  towing  a  vehicle
    50  with  a  GVWR  of not more than ten thousand pounds, or any such vehicle
    51  towing another vehicle with a GVWR of  more  than  ten  thousand  pounds
    52  provided  such combination of vehicles has a GCWR of not more than twen-
    53  ty-six thousand pounds, or any personal use vehicle with a GVWR  of  not
    54  more  than twenty-six thousand pounds or any such vehicle towing a vehi-
    55  cle with a GVWR of not more than ten thousand pounds,  except  it  shall
    56  not  be valid to operate a tractor, a motorcycle other than a class B or

        A. 8482--A                          4
     1  C limited use motorcycle, a vehicle used  to  transport  passengers  for
     2  hire  or  for  which a hazardous materials endorsement is required, or a
     3  vehicle defined as a bus in subdivision  one  of  section  five  hundred
     4  nine-a of this title.
     5    (vii)  Class M. Such license shall be valid to operate any motorcycle,
     6  or any motorcycle,  other  than  a  limited  use  motorcycle,  towing  a
     7  trailer, or an autocycle.
     8    (viii) Class MJ. Such license shall be valid to operate any motorcycle
     9  or limited use motorcycle, but not an autocycle, by a person under eigh-
    10  teen  years  of  age.  Such license shall automatically become a class M
    11  license when the holder becomes eighteen years of age.
    12    § 3. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law and shall expire and  be  deemed  repealed  5
    14  years after such date.
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