Bill Text: NY S02757 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Adds cargo bicycles with electric assist to the types of bicycles with electric assist regulated under the vehicle and traffic law; provides that no person shall operate a cargo bicycle with electric assist unless it is accompanied by proof of financial security unless otherwise authorized by local law, ordinance, order, rule, or regulation or pursuant to an agreement made on behalf of the city, town, or village.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-05-24 - referred to transportation [S02757 Detail]

Download: New_York-2021-S02757-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2757

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 25, 2021
                                       ___________

        Introduced  by  Sen.  RAMOS  -- 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,  in  relation  to  bicycles
          with electric assist and motorized scooters

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The opening paragraph of section 102-c of the  vehicle  and
     2  traffic  law, as added by section 1 of part XX of chapter 58 of the laws
     3  of 2020, is amended to read as follows:
     4    A bicycle which is no more than [thirty-six]  fifty-five  inches  wide
     5  and  has  an  electric  motor  of  less  than seven hundred fifty watts,
     6  equipped with operable pedals, meeting the equipment  and  manufacturing
     7  requirements for bicycles adopted by the Consumer Product Safety Commis-
     8  sion  under  16 C.F.R. Part 1512.1 et seq.  and meeting the requirements
     9  of one of the following three classes:
    10    § 2. Subdivision 2 of section 1243 of the vehicle and traffic law,  as
    11  added  by  section  8  of  part XX of chapter 58 of the laws of 2020, is
    12  amended to read as follows:
    13    2. Notwithstanding any other provision of law  to  the  contrary,  all
    14  trip  data,  personal  information,  images,  videos, and other recorded
    15  images collected by any shared bicycle system  or  shared  bicycle  with
    16  electric  assist  system  which  is authorized to operate within a city,
    17  town or village pursuant to this section: (a) shall be for the exclusive
    18  use of such shared bicycle or shared bicycle with electric assist system
    19  and shall not be sold, distributed, or otherwise made available for  any
    20  commercial  purpose  and  (b)  shall  not be disclosed or otherwise made
    21  accessible except (i) to the person who is the  subject  of  such  data,
    22  information  or  record;  or  (ii)  if necessary to comply with a lawful
    23  court order, judicial warrant signed by a judge  appointed  pursuant  to
    24  article  III of the United States constitution, or subpoena for individ-
    25  ual data, information or records properly issued pursuant to the  crimi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06605-01-1

        S. 2757                             2

     1  nal  procedure law or the civil practice law and rules. Provided, howev-
     2  er, that nothing contained in this paragraph shall be deemed to preclude
     3  the exchange of such data, information or recorded images solely for the
     4  purpose  of  administering such authorized shared system or the exchange
     5  of anonymized trip and user demographic data for the purpose of managing
     6  the public right of way. For the purposes of this subdivision, "personal
     7  information" shall  mean  information  that  identifies  an  individual,
     8  including  but  not  limited to name, address, telephone number, and the
     9  type and form of  payment  including  credit  card  number,  debit  card
    10  number, or other payment method.
    11    §  3  Paragraph b of subdivision 10 of section 1282 of the vehicle and
    12  traffic law, as added by section 10 of part XX of chapter 58 of the laws
    13  of 2020, is amended to read as follows:
    14    (b) Notwithstanding any other provision of law to  the  contrary,  all
    15  trip  data,  personal  information,  images,  videos, and other recorded
    16  images collected by any shared electric scooter system which is  author-
    17  ized to operate within a city, town or village pursuant to this section:
    18  (i)  shall  be  for  the  exclusive  use of such shared electric scooter
    19  system and shall not be sold, distributed or  otherwise  made  available
    20  for  any commercial purpose and (ii) shall not be disclosed or otherwise
    21  made accessible except: (1) to the person who is  the  subject  of  such
    22  data, information or record; or (2) if necessary to comply with a lawful
    23  court  order,  judicial  warrant signed by a judge appointed pursuant to
    24  article III of the United States constitution, or subpoena for  individ-
    25  ual  data, information or records properly issued pursuant to the crimi-
    26  nal procedure law or the civil practice law and rules. Provided,  howev-
    27  er, that nothing contained in this paragraph shall be deemed to preclude
    28  the exchange of such data, information or recorded images solely for the
    29  purpose  of  administering such authorized shared system or the exchange
    30  of anonymized trip and user demographic data for the purpose of managing
    31  the public right of way.
    32    For the purposes of this  subdivision,  "personal  information"  shall
    33  mean information that identifies an individual, including but not limit-
    34  ed  to name, address, telephone number, and the type and form of payment
    35  including credit card number, debit card number, or other payment  meth-
    36  od.
    37    § 4. This act shall take effect immediately.
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