Bill Text: NY S07732 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the regulation of bicycles with electric assist and electric scooters; requires license plates for bicycles with electric assist and electric scooters (Part A); requires liability insurance for bicycles with electric assist and electric scooters in cities having a population of one million or more (Part B); establishes a bicycle with electric assist and electric scooter operator's safety manual and licensing requirement (Part C).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S07732 Detail]
Download: New_York-2023-S07732-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7732 2023-2024 Regular Sessions IN SENATE November 1, 2023 ___________ Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the vehicle and traffic law, in relation to requiring license plates for bicycles with electric assist and electric scooters (Part A); to amend the vehicle and traffic law and the insurance law, in relation to requiring liability insurance for bicycles with elec- tric assist and electric scooters in cities having a population of one million or more (Part B); and to amend the vehicle and traffic law, in relation to establishing a bicycle with electric assist and electric scooter operator's safety manual and licensing requirement (Part C); The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law components of legislation relating 2 to regulating bicycles with electric assist and electric scooters. Each 3 component is wholly contained within a Part identified as Parts A 4 through C. The effective date for each particular provision contained 5 within such Part is set forth in the last section of such Part. Any 6 provision in any section contained within a Part, including the effec- 7 tive date of the Part, which makes a reference to a section "of this 8 act", when used in connection with that particular component, shall be 9 deemed to mean and refer to the corresponding section of the Part in 10 which it is found. Section three of this act sets forth the general 11 effective date of this act. 12 PART A 13 Section 1. The article heading of article 34 of the vehicle and traf- 14 fic law, as amended by chapter 694 of the laws of 1995, is amended to 15 read as follows: 16 REGISTRATION AND OPERATION OF BICYCLES AND PLAY DEVICES EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13518-01-3S. 7732 2 1 § 2. The vehicle and traffic law is amended by adding a new section 2 1244 to read as follows: 3 § 1244. Registration of bicycles with electric assist, and electric 4 scooters. a. In a city having a population of one million or more, 5 every bicycle with electric assist as defined in section one hundred 6 two-c of this chapter and electric scooter as defined in section one 7 hundred fourteen-e of this chapter shall be registered and issued a 8 license plate by the department. In a city having a population of one 9 million or more, no person shall operate a bicycle with electric assist 10 or electric scooter on the public highways unless such bicycle with 11 electric assist or electric scooter shall have a distinctive number 12 assigned to it by the commissioner and a number plate issued by the 13 commissioner with a number corresponding to that of the certificate of 14 registration. 15 b. Such license plates shall be of such material, form, design and 16 dimensions and contain or set forth such distinguishing number or other 17 identification marks as the commissioner shall prescribe, provided, 18 however, that there shall be at all times a marked contrast between the 19 color of the number plates and that of the numerals or letters thereon, 20 and provided further that no bicycle with electric assist or electric 21 scooter shall display the number plates of more than one state at a 22 time, nor shall any plate be used other than those issued by the commis- 23 sioner. 24 c. Each such license plate shall identify whether the bicycle with 25 electric assist or electric scooter is personal or commercial in nature. 26 d. Each such license plate shall be conspicuously displayed on the 27 rear of the bicycle with electric assist or electric scooter, securely 28 fastened so as to prevent the same from swinging. 29 e. The fee for such license plates shall be a nominal fee determined 30 by the commissioner. 31 § 3. This act shall take effect immediately. 32 PART B 33 Section 1. The vehicle and traffic law is amended by adding a new 34 section 1245 to read as follows: 35 § 1245. Liability insurance. 1. A bicycle with electric assist which 36 is operated anywhere in a city having a population of one million or 37 more other than on lands of the owner of such bicycle with electric 38 assist shall be covered by a policy of insurance, in such language and 39 form as shall be determined and established by the superintendent of 40 financial services, issued by an insurance carrier authorized to do 41 business in this state. Such policy shall provide for coverages required 42 of an "owner's policy of liability insurance" as set forth in paragraph 43 (a) of subdivision four of section three hundred eleven of this chapter. 44 In lieu of such insurance coverage as hereinabove provided, the commis- 45 sioner, in his or her discretion and upon application of a governmental 46 agency having registered in its name one or more bicycles with electric 47 assist, may waive the requirement of insurance by a private insurance 48 carrier and issue a certificate of self-insurance, when he or she is 49 satisfied that such governmental agency is possessed of financial abili- 50 ty to respond to judgments obtained against it, arising out of the 51 ownership, use or operation of such bicycles with electric assist. The 52 commissioner may also waive the requirement of insurance by a private 53 insurance carrier and issue a certificate of self-insurance upon appli- 54 cation of any person or any other corporation, having registered in itsS. 7732 3 1 name, one or more bicycles with electric assist and furnishing of proof 2 that a certificate of self-insurance has been issued and is in effect 3 pursuant to the provisions of section three hundred sixteen of this 4 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 with electric 7 assist upon the request of any magistrate or any person having authority 8 to enforce the provisions of this chapter. The failure to produce such 9 proof upon the request of any such person shall not be an offense but 10 shall be presumptive evidence that such bicycle with electric assist is 11 being operated without having such insurance in force and effect. 12 3. Proof of insurance as required by this section shall be produced 13 and displayed by the owner or operator of such bicycle with electric 14 assist to any person who has suffered or claims to have suffered either 15 personal injury or property damage as a result of the operation of such 16 bicycle with electric assist by the owner or operator, if such insurance 17 coverage was required under the circumstances of such operation. It 18 shall be an affirmative defense to any prosecution for a violation of 19 this subdivision that such proof was so produced or displayed within 20 twenty-four hours of receiving notice of such injury or damage, or the 21 claim of such injury or damage. 22 4. No owner of a bicycle with electric assist shall operate or permit 23 the same to be operated anywhere in this state other than on lands of 24 the owner of the bicycle with electric assist without having in full 25 force and effect the liability insurance coverage required by this 26 section, and no person shall operate a bicycle with electric assist 27 anywhere in this state other than on lands of the owner of the bicycle 28 with electric assist with the knowledge that such insurance is not in 29 full force and effect. 30 § 2. The vehicle and traffic law is amended by adding a new section 31 1290 to read as follows: 32 § 1290. Liability insurance. 1. An electric scooter which is operated 33 anywhere in a city having a population of one million or more other than 34 on lands of the owner of such electric scooter shall be covered by a 35 policy of insurance, in such language and form as shall be determined 36 and established by the superintendent of financial services, issued by 37 an insurance carrier authorized to do business in this state. Such poli- 38 cy shall provide for coverages required of an "owner's policy of liabil- 39 ity insurance" as set forth in paragraph (a) of subdivision four of 40 section three hundred eleven of this chapter. In lieu of such insurance 41 coverage as hereinabove provided, the commissioner, in his or her 42 discretion and upon application of a governmental agency having regis- 43 tered in its name one or more electric scooters, may waive the require- 44 ment of insurance by a private insurance carrier and issue a certificate 45 of self-insurance, when he or she is satisfied that such governmental 46 agency is possessed of financial ability to respond to judgments 47 obtained against it, arising out of the ownership, use or operation of 48 such electric scooters. The commissioner may also waive the requirement 49 of insurance by a private insurance carrier and issue a certificate of 50 self-insurance upon application of any person or any other corporation, 51 having registered in its name, one or more electric scooters and 52 furnishing of proof that a certificate of self-insurance has been issued 53 and is in effect pursuant to the provisions of section three hundred 54 sixteen of this chapter. 55 2. Proof of insurance as required by this section shall be produced 56 and displayed by the owner or operator of such electric scooter upon theS. 7732 4 1 request of any magistrate or any person having authority to enforce the 2 provisions of this chapter. The failure to produce such proof upon the 3 request of any such person shall not be an offense but shall be presump- 4 tive evidence that such electric scooter is being operated without 5 having such insurance in force and effect. 6 3. Proof of insurance as required by this section shall be produced 7 and displayed by the owner or operator of such electric scooter to any 8 person who has suffered or claims to have suffered either personal inju- 9 ry or property damage as a result of the operation of such electric 10 scooter by the owner or operator, if such insurance coverage was 11 required under the circumstances of such operation. It shall be an 12 affirmative defense to any prosecution for a violation of this subdivi- 13 sion that such proof was so produced or displayed within twenty-four 14 hours of receiving notice of such injury or damage, or the claim of such 15 injury or damage. 16 4. No owner of an electric scooter shall operate or permit the same to 17 be operated anywhere in this state other than on lands of the owner of 18 the electric scooter without having in full force and effect the liabil- 19 ity insurance coverage required by this section, and no person shall 20 operate an electric scooter anywhere in this state other than on lands 21 of the owner of the electric scooter with the knowledge that such insur- 22 ance is not in full force and effect. 23 § 3. Subsection (f) of section 5103 of the insurance law, as amended 24 by chapter 402 of the laws of 1986, is amended to read as follows: 25 (f) Every owner's policy of liability insurance issued on a 26 motorcycle, bicycle with electric assist, electric scooter or an all 27 terrain vehicle in satisfaction of the requirements of article six or 28 eight of the vehicle and traffic law, section twelve hundred forty-five 29 of such law, section twelve hundred ninety of such law, or section twen- 30 ty-four hundred seven of such law shall also provide for; every owner 31 who maintains another form of financial security on a motorcycle, bicy- 32 cle with electric assist, electric scooter or an all terrain vehicle in 33 satisfaction of the requirements of such articles or [section] sections 34 shall be liable for; and every owner of a motorcycle, bicycle with elec- 35 tric assist, electric scooter or an all terrain vehicle required to be 36 subject to the provisions of this article by subdivision two of section 37 three hundred twenty-one of such law shall be liable for; the payment of 38 first party benefits to persons, other than the occupants of such motor- 39 cycle, bicycle with electric assist, electric scooter or all terrain 40 vehicle, another motorcycle, bicycle with electric assist, electric 41 scooter or all terrain vehicle, or any motor vehicle, for loss arising 42 out of the use or operation of the motorcycle, bicycle with electric 43 assist, electric scooter or all terrain vehicle within this state. Every 44 insurer and self-insurer may exclude from the coverage required by this 45 subsection a person who intentionally causes his own injury or is 46 injured while committing an act which would constitute a felony or while 47 seeking to avoid lawful apprehension or arrest by a law enforcement 48 officer. 49 § 4. This act shall take effect on the one hundred twentieth day after 50 it shall have become a law. Effective immediately, the addition, amend- 51 ment and/or repeal of any rule or regulation necessary for the implemen- 52 tation of this act on its effective date are authorized to be made and 53 completed on or before such effective date. 54 PART CS. 7732 5 1 Section 1. The vehicle and traffic law is amended by adding a new 2 article 12-E to read as follows: 3 ARTICLE 12-E 4 BICYCLE WITH ELECTRIC ASSIST 5 AND ELECTRIC SCOOTER SAFETY EDUCATION COURSE AND LICENSE 6 Section 399-u. Bicycle with electric assist and electric scooter opera- 7 tor's safety manual. 8 399-v. License for the operation of a bicycle with electric 9 assist and electric scooter. 10 399-w. Rules and regulations. 11 § 399-u. Bicycle with electric assist and electric scooter operator's 12 safety manual. The commissioner shall develop and publish a bicycle 13 with electric assist and electric scooter operator's safety manual that 14 shall be available for distribution and accessible on the department's 15 website. The manual shall include but not be limited to the following: 16 (a) an overview of traffic laws governing bicycles with electric 17 assist and electric scooters; 18 (b) the safe operation of bicycles with electric assist and electric 19 scooters; 20 (c) bicycle lanes as defined in section one hundred two-a of this 21 chapter; and 22 (d) obligations to comply with traffic control devices and markings 23 related to bicyclists, electric scooter operators and pedestrians. 24 § 399-v. License for the operation of a bicycle with electric assist 25 and electric scooter. 1. Upon successful comprehension of the bicycle 26 with electric assist and electric scooter operator's safety manual, a 27 resident may then make an application to receive a license for the oper- 28 ation of a bicycle with electric assist and electric scooter. 29 2. (a) An application for such license shall be made to the commis- 30 sioner and shall require an applicant to furnish proof of identity, age, 31 fitness and any other information required by the commissioner. Such 32 application may also require a photographic image of the applicant. 33 (b) A nominal fee may be prescribed by the commissioner for the issu- 34 ance, renewal and amendment of a license. 35 (c) A license shall be valid from the date of issuance until a date of 36 expiration as determined by the commissioner. 37 § 399-w. Rules and regulations. The commissioner shall promulgate such 38 rules and regulations as are necessary to effectuate the provisions of 39 this article. In addition to any requirements expressly authorized by 40 this article, such regulations may include but not be limited to vali- 41 dating that a person has read and comprehends the department's bicycle 42 with electric assist and electric scooter operator's safety manual. 43 § 2. Subdivision 1 of section 504 of the vehicle and traffic law is 44 amended by adding a new paragraph (a-2) to read as follows: 45 (a-2) Every license or renewal thereof issued to an applicant who has 46 a license for the operation of a bicycle with electric assist and elec- 47 tric scooter and after submission of proof as set forth in this para- 48 graph shall contain a distinguishing mark, in such form as the commis- 49 sioner shall determine, indicating that he or she has read and 50 comprehends the bicycle with electric assist and electric scooter opera- 51 tor's safety manual. Such proof shall consist of a license for the 52 operation of a bicycle with electric assist and electric scooter that is 53 provided pursuant to section three hundred ninety-nine-v of this chap- 54 ter. The commissioner shall not require fees for the issuance of such 55 licenses or renewals thereof containing a bicycle with electric assist 56 and electric scooter operator's safety manual comprehension distinguish-S. 7732 6 1 ing mark which are different from fees otherwise required; provided, 2 however, that notwithstanding the provisions of this section, the 3 commissioner shall not require fees for a duplication or amendment of a 4 license prior to its renewal if such duplication or amendment was solely 5 for the purpose of adding a bicycle with electric assist and electric 6 scooter operator's safety manual comprehension distinguishing mark to 7 such license. 8 § 3. The vehicle and traffic law is amended by adding a new section 9 1246 to read as follows: 10 § 1246. Operation of a bicycle with electric assist is prohibited 11 without a license. No person shall operate a bicycle with electric 12 assist on a public roadway in a city with a population of one million or 13 more unless the operator is a holder of a license for the operation of a 14 bicycle with electric assist and electric scooter issued to him or her 15 pursuant to article twelve-E of this chapter. 16 § 4. The vehicle and traffic law is amended by adding a new section 17 1291 to read as follows: 18 § 1291. Operation of an electric scooter is prohibited without a 19 license. No person shall operate an electric scooter on a public roadway 20 in a city with a population of one million or more unless the operator 21 is a holder of a license for the operation of a bicycle with electric 22 assist and electric scooter issued to him or her pursuant to article 23 twelve-E of this chapter. 24 § 5. This act shall take effect on the one hundred twentieth day after 25 it shall have become a law. Effective immediately, the addition, amend- 26 ment and/or repeal of any rule or regulation necessary for the implemen- 27 tation of this act on its effective date are authorized to be made and 28 completed on or before such date. 29 § 2. Severability. If any clause, sentence, paragraph, section or part 30 of this act shall be adjudged by any court of competent jurisdiction to 31 be invalid and after exhaustion of all further judicial review, the 32 judgment shall not affect, impair, or invalidate the remainder thereof, 33 but shall be confined in its operation to the clause, sentence, para- 34 graph, section or part of this act directly involved in the controversy 35 in which the judgment shall have been rendered. 36 § 3. This act shall take effect immediately; provided, however, that 37 the applicable effective date of Parts A through C of this act shall be 38 as specifically set forth in the last section of such Parts.
