Bill Text: NY S01373 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires liability insurance for bicycles, bicycles with electric assist and electric scooters in cities having a population of one million or more.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S01373 Detail]
Download: New_York-2023-S01373-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1373 2023-2024 Regular Sessions IN SENATE January 11, 2023 ___________ Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the insurance law, in relation to requiring liability insurance for bicycles, bicycles with electric assist and electric scooters in cities having a population of one million or more 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 1244 to read as follows: 3 § 1244. Liability insurance. 1. A bicycle or bicycle with electric 4 assist which is operated anywhere in a city having a population of one 5 million or more other than on lands of the owner of such bicycle or 6 bicycle with electric assist shall be covered by a policy of insurance, 7 in such language and form as shall be determined and established by the 8 superintendent of financial services, issued by an insurance carrier 9 authorized to do business in this state. Such policy shall provide for 10 coverages required of an "owner's policy of liability insurance" as set 11 forth in paragraph (a) of subdivision four of section three hundred 12 eleven of this chapter. In lieu of such insurance coverage as hereina- 13 bove provided, the commissioner, in his or her discretion and upon 14 application of a governmental agency having registered in its name one 15 or more bicycles or bicycles with electric assist, may waive the 16 requirement of insurance by a private insurance carrier and issue a 17 certificate of self-insurance, when he or she is satisfied that such 18 governmental agency is possessed of financial ability to respond to 19 judgments obtained against it, arising out of the ownership, use or 20 operation of such bicycles or bicycles with electric assist. The commis- 21 sioner may also waive the requirement of insurance by a private insur- 22 ance carrier and issue a certificate of self-insurance upon application 23 of any person or any other corporation, having registered in its name, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02958-01-3S. 1373 2 1 one or more bicycles or bicycles with electric assist and furnishing of 2 proof that a certificate of self-insurance has been issued and is in 3 effect pursuant to the provisions of section three hundred sixteen of 4 this chapter. 5 2. Proof of insurance as required by this section shall be produced 6 and displayed by the owner or operator of such bicycle or bicycle with 7 electric assist upon the request of any magistrate or any person having 8 authority to enforce the provisions of this chapter. The failure to 9 produce such proof upon the request of any such person shall not be an 10 offense but shall be presumptive evidence that such bicycle or bicycle 11 with electric assist is being operated without having such insurance in 12 force and effect. 13 3. Proof of insurance as required by this section shall be produced 14 and displayed by the owner or operator of such bicycle or bicycle with 15 electric assist to any person who has suffered or claims to have 16 suffered either personal injury or property damage as a result of the 17 operation of such bicycle or bicycle with electric assist by the owner 18 or operator, if such insurance coverage was required under the circum- 19 stances of such operation. It shall be an affirmative defense to any 20 prosecution for a violation of this subdivision that such proof was so 21 produced or displayed within twenty-four hours of receiving notice of 22 such injury or damage, or the claim of such injury or damage. 23 4. No owner of a bicycle or bicycle with electric assist shall operate 24 or permit the same to be operated anywhere in this state other than on 25 lands of the owner of the bicycle or bicycle with electric assist with- 26 out having in full force and effect the liability insurance coverage 27 required by this section, and no person shall operate a bicycle or bicy- 28 cle with electric assist anywhere in this state other than on lands of 29 the owner of the bicycle or bicycle with electric assist with the know- 30 ledge that such insurance is not in full force and effect. 31 § 2. The vehicle and traffic law is amended by adding a new section 32 1290 to read as follows: 33 § 1290. Liability insurance. 1. An electric scooter which is operated 34 anywhere in a city having a population of one million or more other than 35 on lands of the owner of such electric scooter shall be covered by a 36 policy of insurance, in such language and form as shall be determined 37 and established by the superintendent of financial services, issued by 38 an insurance carrier authorized to do business in this state. Such poli- 39 cy shall provide for coverages required of an "owner's policy of liabil- 40 ity insurance" as set forth in paragraph (a) of subdivision four of 41 section three hundred eleven of this chapter. In lieu of such insurance 42 coverage as hereinabove provided, the commissioner, in his or her 43 discretion and upon application of a governmental agency having regis- 44 tered in its name one or more electric scooters, may waive the require- 45 ment of insurance by a private insurance carrier and issue a certificate 46 of self-insurance, when he or she is satisfied that such governmental 47 agency is possessed of financial ability to respond to judgments 48 obtained against it, arising out of the ownership, use or operation of 49 such electric scooters. The commissioner may also waive the requirement 50 of insurance by a private insurance carrier and issue a certificate of 51 self-insurance upon application of any person or any other corporation, 52 having registered in its name, one or more electric scooters and 53 furnishing of proof that a certificate of self-insurance has been issued 54 and is in effect pursuant to the provisions of section three hundred 55 sixteen of this chapter.S. 1373 3 1 2. Proof of insurance as required by this section shall be produced 2 and displayed by the owner or operator of such electric scooter upon the 3 request of any magistrate or any person having authority to enforce the 4 provisions of this chapter. The failure to produce such proof upon the 5 request of any such person shall not be an offense but shall be presump- 6 tive evidence that such electric scooter is being operated without 7 having such insurance in force and effect. 8 3. Proof of insurance as required by this section shall be produced 9 and displayed by the owner or operator of such electric scooter to any 10 person who has suffered or claims to have suffered either personal inju- 11 ry or property damage as a result of the operation of such electric 12 scooter by the owner or operator, if such insurance coverage was 13 required under the circumstances of such operation. It shall be an 14 affirmative defense to any prosecution for a violation of this subdivi- 15 sion that such proof was so produced or displayed within twenty-four 16 hours of receiving notice of such injury or damage, or the claim of such 17 injury or damage. 18 4. No owner of an electric scooter shall operate or permit the same to 19 be operated anywhere in this state other than on lands of the owner of 20 the electric scooter without having in full force and effect the liabil- 21 ity insurance coverage required by this section, and no person shall 22 operate an electric scooter anywhere in this state other than on lands 23 of the owner of the electric scooter with the knowledge that such insur- 24 ance is not in full force and effect. 25 § 3. Subsection (f) of section 5103 of the insurance law, as amended 26 by chapter 402 of the laws of 1986, is amended to read as follows: 27 (f) Every owner's policy of liability insurance issued on a 28 motorcycle, bicycle, bicycle with electric assist, electric scooter or 29 an all terrain vehicle in satisfaction of the requirements of article 30 six or eight of the vehicle and traffic law, section twelve hundred 31 forty-four of such law, section twelve hundred ninety of such law, or 32 section twenty-four hundred seven of such law shall also provide for; 33 every owner who maintains another form of financial security on a motor- 34 cycle, bicycle, bicycle with electric assist, electric scooter or an all 35 terrain vehicle in satisfaction of the requirements of such articles or 36 [section] sections shall be liable for; and every owner of a motorcycle, 37 bicycle, bicycle with electric assist, electric scooter or an all 38 terrain vehicle required to be subject to the provisions of this article 39 by subdivision two of section three hundred twenty-one of such law shall 40 be liable for; the payment of first party benefits to persons, other 41 than the occupants of such motorcycle, bicycle, bicycle with electric 42 assist, electric scooter or all terrain vehicle, another motorcycle, 43 bicycle, bicycle with electric assist, electric scooter or all terrain 44 vehicle, or any motor vehicle, for loss arising out of the use or opera- 45 tion of the motorcycle, bicycle, bicycle with electric assist, electric 46 scooter or all terrain vehicle within this state. Every insurer and 47 self-insurer may exclude from the coverage required by this subsection a 48 person who intentionally causes his own injury or is injured while 49 committing an act which would constitute a felony or while seeking to 50 avoid lawful apprehension or arrest by a law enforcement officer. 51 § 4. This act shall take effect on the one hundred twentieth day after 52 it shall have become a law. Effective immediately, the addition, amend- 53 ment and/or repeal of any rule or regulation necessary for the implemen- 54 tation of this act on its effective date are authorized to be made and 55 completed on or before such effective date.
