Bill Text: NY S07857 | 2017-2018 | General Assembly | Introduced
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: Bipartisan Bill
Status: (Engrossed - Dead) 2018-06-13 - referred to transportation [S07857 Detail]
Download: New_York-2017-S07857-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7857 IN SENATE March 5, 2018 ___________ Introduced by Sen. ROBACH -- 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 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 22 such autocycle has been registered in accordance with article fifteen of 23 this chapter, the registration for such autocycle is in full force and 24 effect and the registration number plate or plates are displayed as 25 hereinafter provided. 26 2. The fees for the registration, renewal, reregistration or amendment 27 or duplicate of a registration of an autocycle shall be the same fees as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13182-03-8S. 7857 2 1 if such vehicle were registered pursuant to section four hundred ten of 2 this chapter. 3 3. Every person operating an autocycle registered in accordance with 4 any of the provisions of this article, shall, upon the demand of any 5 magistrate, police officer, peace officer, when acting pursuant to his 6 or her special duties, or motor vehicle hearing officer, produce for 7 inspection the certificate of registration for such autocycle and shall 8 furnish to such person any information necessary for the identification 9 of such autocycle and its owner. The failure to produce the certificate 10 of registration as provided herein shall not be an offense, but shall be 11 presumptive evidence of the operation of an autocycle not registered as 12 required by this article. 13 4. The registration provisions of this article shall not apply to a 14 non-resident who has registered his or her autocycle in compliance with 15 the registration or licensing laws of the state, province or country of 16 his or her residence, provided that the autocycle is appropriately iden- 17 tified by an identification plate, sticker or other identifying device 18 issued by such state, province or country. 19 § 2502. Revocation and suspension. The registration of an autocycle 20 may be revoked or suspended in the same manner and to the same effect as 21 that of a motorcycle registered pursuant to article fifteen of this 22 chapter. 23 § 2503. Display of registration number plate or plates. 1. The regis- 24 tration number plate or plates assigned to an autocycle shall be 25 displayed on the autocycle at all times such vehicle is operated on the 26 public highways in such manner as the commissioner may, by regulation, 27 prescribe. One or two registration number plates, as determined by the 28 commissioner, shall be issued by the commissioner for an autocycle. No 29 number other than the registration number plate assigned to an autocycle 30 by the commissioner, or the identification number of the registration 31 issued by another state shall be painted, attached or otherwise 32 displayed on an autocycle when such autocycle is being operated on a 33 public highway. Nothing herein shall prohibit the display of a vehicle 34 identification number plate or number affixed by the manufacturer or his 35 or her agent in accordance with section four hundred fifteen of this 36 chapter. 37 2. Dealer demonstrator number plates shall conform to the requirements 38 set forth in subdivision one of this section with the exception that 39 such number plates may be temporarily but firmly affixed to the autocy- 40 cle being demonstrated or tested. 41 3. The use of dealer demonstrator number plates shall be subject to 42 the provisions of sections four hundred fifteen and four hundred sixteen 43 of this chapter. 44 4. No dealer shall permit a dealer demonstrator number plate to be 45 used on any autocycle unless such autocycle would qualify for the issu- 46 ance of such a number plate when registered. 47 § 2504. Equipment, inspection and insurance. 1. An autocycle shall be 48 manufactured to comply with federal safety requirements for a motorcycle 49 and, as otherwise provided pursuant to this section, shall be subject to 50 the equipment requirements of this chapter that are applicable to a 51 motorcycle. The equipment and operator of an autocycle shall be subject 52 to the requirements of subdivisions six, seven, nine, nine-a and ten of 53 section three hundred eighty-one of this chapter; provided however, that 54 the commissioner may, by regulation, provide for different equipment 55 requirements for different types of autocycles. No person shall operate 56 an autocycle on the public highways of this state in violation of theS. 7857 3 1 provisions of this section or regulations promulgated by the commission- 2 er thereunder. 3 2. Autocycles shall be subject to the inspection requirements of arti- 4 cle five of this chapter. The commissioner may, by regulation, provide 5 for different inspection procedures for different types of autocycles. 6 3. The insurance provisions of articles six, seven and eight of this 7 chapter shall be applicable to autocycles. 8 § 2505. Dealers and manufacturers. 1. No person shall engage in the 9 business of selling autocycles unless there shall have been issued to 10 the person a dealer registration in accordance with section four hundred 11 fifteen of this chapter. The commissioner may, by regulation, provide 12 for identification of dealers as dealers of autocycles, and the commis- 13 sioner shall make provisions for the issuance of appropriate dealer 14 demonstrator number plates to such dealers. 15 2. No dealer shall acquire any autocycles for the purpose of resale 16 for use on the public highways within this state unless such autocycles 17 have a vehicle identification number in a form and manner acceptable to 18 the commissioner permanently affixed to the frame by the manufacturer or 19 authorized agent of the manufacturer. 20 3. The commissioner may prescribe, by regulation, procedures to be 21 followed by dealers with respect to record keeping and documents 22 required upon the sale of an autocycle, and procedures to be followed by 23 manufacturers with respect to the assignment and affixing of vehicle 24 identification numbers. 25 § 2506. Exemptions. 1. Fire and police vehicles are exempt from the 26 provisions of this article, except that the operator of such a vehicle 27 shall be required to be licensed as provided in article nineteen of this 28 chapter. 29 2. Any autocycle registered pursuant to this article that would be 30 exempt from the payment of registration fees if such vehicle were regis- 31 tered pursuant to title four of this chapter, shall be exempt from the 32 payment of registration fees under this article. 33 § 2507. Rules and regulations. The commissioner is hereby empowered to 34 make such rules and regulations as he or she may deem necessary to carry 35 out the provisions of this article. 36 § 2. Subparagraphs (iv), (vii) and (viii) of paragraph (a) of subdivi- 37 sion 2 of section 501 of the vehicle and traffic law, subparagraph (iv) 38 as amended by chapter 339 of the laws of 2005 and subparagraphs (vii) 39 and (viii) as added by chapter 173 of the laws of 1990, are amended to 40 read as follows: 41 (iv) Class D. Such license shall be valid to operate any passenger or 42 limited use automobile, autocycle, or any truck with a GVWR of not more 43 than twenty-six thousand pounds or any such vehicle towing a vehicle 44 with a GVWR of not more than ten thousand pounds, or any such vehicle 45 towing another vehicle with a GVWR of more than ten thousand pounds 46 provided such combination of vehicles has a GCWR of not more than twen- 47 ty-six thousand pounds, or any personal use vehicle with a GVWR of not 48 more than twenty-six thousand pounds or any such vehicle towing a vehi- 49 cle with a GVWR of not more than ten thousand pounds, except it shall 50 not be valid to operate a tractor, a motorcycle other than a class B or 51 C limited use motorcycle, a vehicle used to transport passengers for 52 hire or for which a hazardous materials endorsement is required, or a 53 vehicle defined as a bus in subdivision one of section five hundred 54 nine-a of this title.S. 7857 4 1 (vii) Class M. Such license shall be valid to operate any motorcycle, 2 or any motorcycle, other than a limited use motorcycle, towing a 3 trailer, or an autocycle. 4 (viii) Class MJ. Such license shall be valid to operate any motorcycle 5 or limited use motorcycle, but not an autocycle, by a person under eigh- 6 teen years of age. Such license shall automatically become a class M 7 license when the holder becomes eighteen years of age. 8 § 3. This act shall take effect on the one hundred eightieth day after 9 it shall have become a law and shall expire and be deemed repealed 5 10 years after such date.
