Bill Text: NY S09209 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for the regulation of motorized scooters including registration, safety and equipment, prohibitions on unsafe operation and insurance requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-06 - REFERRED TO TRANSPORTATION [S09209 Detail]
Download: New_York-2023-S09209-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9209 IN SENATE May 6, 2024 ___________ Introduced by Sen. ADDABBO -- 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 regu- lation of the operation of motorized scooters 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 123-a to read as follows: 3 § 123-a. Motorized scooter. Any wheeled device that has handlebars 4 that is designed to be stood or sat upon by the operator, is powered by 5 an electric motor or by a gasoline motor that is capable of propel- 6 ling the device without human power, and is not a bicycle with elec- 7 tric assist, electric scooter, motorcycle, wheelchair, or electrically 8 driven mobility assistance device. 9 § 2. Section 125 of the vehicle and traffic law, as amended by section 10 3 of part XX of chapter 58 of the laws of 2020, is amended to read as 11 follows: 12 § 125. Motor vehicles. Every vehicle operated or driven upon a public 13 highway which is propelled by any power other than muscular power, 14 except (a) electrically-driven mobility assistance devices operated or 15 driven by a person with a disability, (a-1) electric personal assistive 16 mobility devices operated outside a city with a population of one 17 million or more, (b) vehicles which run only upon rails or tracks, (c) 18 snowmobiles as defined in article forty-seven of this chapter, (d) all 19 terrain vehicles as defined in article forty-eight-B of this chapter, 20 (e) bicycles with electric assist as defined in section one hundred 21 two-c of this article, [and] (f) electric scooters as defined in section 22 one hundred fourteen-e of this article, and (g) motorized scooters as 23 defined in section one hundred twenty-three-a of this article. For the 24 purposes of title four of this chapter, the term motor vehicle shall 25 exclude fire and police vehicles other than ambulances. For the purposes 26 of titles four and five of this chapter the term motor vehicles shall 27 exclude farm type tractors and all terrain type vehicles used exclusive- 28 ly for agricultural purposes, or for snow plowing, other than for hire, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14890-02-4S. 9209 2 1 farm equipment, including self-propelled machines used exclusively in 2 growing, harvesting or handling farm produce, and self-propelled cater- 3 pillar or crawler-type equipment while being operated on the contract 4 site. 5 § 3. The vehicle and traffic law is amended by adding a new article 6 34-E to read as follows: 7 ARTICLE 34-E 8 OPERATION OF MOTORIZED SCOOTERS 9 Section 1290. Effect of regulations. 10 1291. Traffic laws apply to persons operating motorized scoot- 11 ers; local laws. 12 1292. Operating motorized scooters. 13 1293. Clinging to vehicles. 14 1294. Riding on roadways, shoulders, and lanes reserved for 15 non-motorized vehicles and devices. 16 1295. Lamps and other equipment. 17 1296. Operators to wear protective headgear. 18 1297. Leaving the scene of an incident involving a motorized 19 scooter without reporting in the second degree. 20 1298. Leaving the scene of an incident involving a motorized 21 scooter without reporting in the first degree. 22 1299. Operation of a motorized scooter while under the influence 23 of alcohol or drugs. 24 1300. Registration and inspection of motorized scooters. 25 1301. Liability insurance. 26 § 1290. Effect of regulations. 1. The parent of any child and the 27 guardian of any ward shall not authorize or knowingly permit any such 28 child or ward to violate any of the provisions of this article. 29 2. These regulations applicable to motorized scooters shall apply 30 whenever a motorized scooter is operated upon any highway, upon private 31 roads open to public motor vehicle traffic and upon any path set aside 32 for the exclusive use of bicycles, in-line skates, electric scooters, 33 motorized scooters or all. 34 § 1291. Traffic laws apply to persons operating motorized scooters; 35 local laws. 1. Every person riding a motorized scooter upon a roadway 36 shall be granted all of the rights and shall be subject to all of the 37 duties applicable to the driver of a vehicle and the rider of a bicycle 38 by this title, except as to special regulations in this article and 39 except as to those provisions of this title which by their nature can 40 have no application. 41 2. (a) Except as provided in paragraphs (b) and (c) of this subdivi- 42 sion, the governing body of any city, town or village may, by local law 43 or ordinance, further regulate the time, place and manner of the opera- 44 tion of motorized scooters, including, but not limited to, maximum 45 speed, requiring the use of protective headgear, and the wearing of 46 readily visible reflective clothing or material by operators of motor- 47 ized scooters, and may limit, prohibit the use thereof in specified 48 areas, or prohibit entirely the use of motorized scooters within such 49 city, town, or village, provided that adequate signage is visibly posted 50 outside the boundaries of such prohibited areas. 51 (b) The governing body of any city, town or village in the counties of 52 Nassau or Suffolk may, by local law or ordinance, further regulate the 53 time, place and manner of the operation of motorized scooters, includ- 54 ing, but not limited to, maximum speed, requiring the use of protective 55 headgear, and the wearing of readily visible reflective clothing or 56 material by operators of motorized scooters only after adoption of aS. 9209 3 1 local law or ordinance by the governing body of the county in which the 2 city, town or village is located. Provided, however, that the provisions 3 of this paragraph shall not apply to the adoption of a local law or 4 ordinance by a city, town or village in the counties of Nassau or 5 Suffolk pursuant to the provisions of paragraph (a) of this subdivision 6 to prohibit the use of motorized scooters in specified areas, or prohib- 7 it entirely the use of motorized scooters within such city, town or 8 village, provided that adequate signage is visibly posted outside the 9 boundaries of such prohibited areas. 10 (c) The governing body of any town or village in the county of West- 11 chester may, by local law or ordinance, further regulate the time, place 12 and manner of the operation of motorized scooters, including, but not 13 limited to, maximum speed, requiring the use of protective headgear, and 14 the wearing of readily visible reflective clothing or material by opera- 15 tors of motorized scooters only after adoption of a local law or ordi- 16 nance by the governing body of Westchester county. Provided, however, 17 that the provisions of this paragraph shall not apply to the adoption of 18 a local law or ordinance by a town or village in the county of Westches- 19 ter pursuant to the provisions of paragraph (a) of this subdivision to 20 prohibit the use of motorized scooters in specified areas, or prohibit 21 entirely the use of motorized scooters within such town or village, 22 provided that adequate signage is visibly posted outside the boundaries 23 of such prohibited areas. 24 3. No person shall operate a motorized scooter unless such operation 25 is in compliance with the provisions of this chapter, and any regulation 26 or order or local law or ordinance adopted pursuant to this article. 27 § 1292. Operating motorized scooters. 1. No motorized scooter shall be 28 used to carry more than one person at one time. No person operating an 29 motorized scooter shall carry any person as a passenger in a pack 30 fastened to the operator or fastened to the motorized scooter. The 31 failure of any person to comply with the provisions of this subdivision 32 shall not constitute contributory negligence or assumption of risk, and 33 shall not in any way bar, preclude or foreclose an action for personal 34 injury or wrongful death by or on behalf of such person, nor in any way 35 diminish or reduce the damages recoverable in any such action. 36 2. No person operating a motorized scooter shall carry any package, 37 bundle or article which prevents the operator from keeping at least one 38 hand upon the handlebars or which obstructs such operator's vision in 39 any direction. 40 3. Every person operating a motorized scooter shall yield the right of 41 way to pedestrians. 42 4. No person less than sixteen years of age shall operate or ride as a 43 passenger upon a motorized scooter, and no person sixteen years of age 44 or older shall allow any person less than sixteen years of age to oper- 45 ate or ride as a passenger upon such scooter. 46 5. Except as may be otherwise provided by local law, ordinance, order, 47 rule or regulation enacted or promulgated pursuant to this article, a 48 motorized scooter may only be operated on highways with a posted speed 49 limit of thirty miles per hour or less, including non-interstate public 50 highways, private roads open to motor vehicle traffic, and designated 51 bicycle or in-line skate lanes. 52 6. No person shall operate a motorized scooter in excess of fifteen 53 miles per hour. 54 7. (a) No person shall operate a motorized scooter on a sidewalk, 55 except as may be authorized by a local law or ordinance adopted by a 56 city, town or village having jurisdiction over such sidewalk includingS. 9209 4 1 parking on certain sidewalks within such city, town or village in 2 compliance with the federal Americans with Disabilities Act of 1990, as 3 amended (Public Law 101-336). 4 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 5 sion, a motorized scooter owned by a natural person where the owner is 6 engaged in personal use may park on a sidewalk whether attended or unat- 7 tended, provided however that no person shall park a motorized scooter 8 pursuant to this paragraph in a manner that interferes with the free 9 passage of pedestrians on a sidewalk. A city, town or village having 10 jurisdiction over such sidewalk shall provide a method by which a motor- 11 ized scooter owned by a natural person may be identified as such. 12 8. (a) No person shall operate a motorized scooter on any public lands 13 or property, other than a highway exclusive of any greenway running 14 adjacent to or connected with a highway, except that a motorized scooter 15 may be operated on any such lands that have been designated and posted 16 for travel by motorized scooters in accordance with the provisions of 17 paragraph (b) of this subdivision. For the purposes of this subdivision, 18 the term "greenway" shall have the same meaning as such term is defined 19 by subdivision seven of section 44-0103 of the environmental conserva- 20 tion law and subdivision one of section 39.03 of the parks, recreation 21 and historic preservation law. 22 (b) A state agency, by regulation or order, and a city, town or 23 village, by local law or ordinance, may designate any appropriate public 24 lands and properties under its jurisdiction, other than highways exclu- 25 sive of any greenway running adjacent to or connected with a highway, as 26 a place open for travel by motorized scooters upon written request for 27 such designation by any person, and may impose restrictions and condi- 28 tions for the regulation and safe operation of motorized scooters on 29 such public lands or property, such as travel on designated trails and 30 hours of operation. 31 9. (a) No person, firm, association or corporation engaged in the 32 business of selling or leasing motorized scooters shall sell or lease 33 any motorized scooter on or after June first, two thousand twenty-five 34 unless such motorized scooter has permanently affixed thereto, in a 35 prominent location, a manufacturer's label which shall include the 36 following information: the maximum motor-assisted speed, the number of 37 persons for which such motorized scooter is designed and equipped, and 38 motor wattage of such motorized scooter, if applicable. Manufacturers 39 and distributors of motorized scooters shall, by April first, two thou- 40 sand twenty-five, establish a process by which an owner of a motorized 41 scooter may request and obtain a manufacturer's label providing the 42 maximum motor-assisted speed, the number of persons for which such 43 motorized scooter is designed and equipped, and motor wattage applicable 44 to the motorized scooter, if applicable, purchased prior to June first, 45 two thousand twenty-five and installation instructions from such 46 manufacturers and distributors. 47 (b) No person shall operate a motorized scooter on any public highway 48 or street in this state after June first, two thousand twenty-five 49 unless such motorized scooter has permanently affixed thereto, in a 50 prominent location, a manufacturer's label providing the maximum motor- 51 assisted speed, the number of persons for which such motorized scooter 52 is designed and equipped, and motor wattage of such motorized scooter. 53 Any person who violates the provisions of this paragraph shall be 54 punished by a civil fine of up to fifty dollars. The court shall waive 55 any fine for which a person who violates the provisions of this para- 56 graph would be liable if such person supplies the court with proof that,S. 9209 5 1 between the date on which such person is charged with having violated 2 this paragraph and the appearance date for such violation, a manufactur- 3 er's label was affixed to the motorized scooter as required by this 4 paragraph. Provided, however, that such waiver of fine shall not apply 5 to a second or subsequent conviction under this paragraph. 6 10. (a) The governing body of any city, town or village may, by local 7 law, ordinance, order, rule or regulation, authorize and regulate shared 8 motorized scooter systems within such city, town or village. No such 9 shared systems shall operate within a city, town or village except as 10 authorized by such local law, ordinance, order, rule or regulation. No 11 such shared motorized scooter system shall operate on public highways in 12 a county with a population of no less than one million five hundred 13 eighty-five thousand and no more than one million five hundred eighty- 14 seven thousand as of the two thousand ten decennial census. For the 15 purposes of this subdivision, the term shared motorized scooter system 16 shall mean a network of self-service and publicly available motorized 17 scooters, and related infrastructure, in which a motorized scooter trip 18 begins and/or ends on any public highway. 19 (b) Notwithstanding any other provision of law to the contrary, all 20 trip data, personal information, images, videos, and other recorded 21 images collected by any shared motorized scooter system which is author- 22 ized to operate within a city, town or village pursuant to this section: 23 (i) shall be for the exclusive use of such shared motorized scooter 24 system and shall not be sold, distributed or otherwise made available 25 for any commercial purpose and (ii) shall not be disclosed or otherwise 26 made accessible except: (1) to the person who is the subject of such 27 data, information or record; or (2) if necessary to comply with a lawful 28 court order, judicial warrant signed by a judge appointed pursuant to 29 article III of the United States constitution, or subpoena for individ- 30 ual data, information or records properly issued pursuant to the crimi- 31 nal procedure law or the civil practice law and rules. Provided, howev- 32 er, that nothing contained in this paragraph shall be deemed to preclude 33 the exchange of such data, information or recorded images solely for the 34 purpose of administering such authorized shared system. 35 For the purposes of this subdivision, "personal information" shall 36 mean information that identifies an individual, including but not limit- 37 ed to name, address, telephone number, and the type and form of payment 38 including credit card number, debit card number, or other payment meth- 39 od. 40 11. A violation of the provisions of subdivision one, two, three, 41 four, six, or seven of this section shall result in a civil fine not to 42 exceed fifty dollars. 43 12. A police officer shall only issue a summons for a violation of 44 this section by a person less than sixteen years of age to the parent or 45 guardian of such person if the violation by such person occurs in the 46 presence of such person's parent or guardian and where such parent or 47 guardian is eighteen years of age or more. Such summons shall only be 48 issued to such parent or guardian, and shall not be issued to the person 49 less than sixteen years of age. 50 § 1293. Clinging to vehicles. 1. No person operating a motorized 51 scooter shall attach such scooter, or themself, to any vehicle being 52 operated upon a roadway. 53 2. No vehicle operator shall knowingly permit any person to attach any 54 motorized scooter, or themself, to such operator's vehicle in violation 55 of subdivision one of this section.S. 9209 6 1 § 1294. Riding on roadways, shoulders, and lanes reserved for non-mo- 2 torized vehicles and devices. 1. Upon all roadways, any motorized scoot- 3 er shall be operated either on a usable bicycle or in-line skate lane 4 or, if a usable bicycle or in-line skate lane has not been provided, 5 near the right-hand curb or edge of the roadway or upon a usable right- 6 hand shoulder in such a manner as to prevent undue interference with the 7 flow of traffic except when preparing for a left turn or when reasonably 8 necessary to avoid conditions that would make it unsafe to continue 9 along near the right-hand curb or edge. Conditions to be taken into 10 consideration include, but are not limited to, fixed or moving objects, 11 vehicles, bicycles, in-line skates, pedestrians, animals, surface 12 hazards or traffic lanes too narrow for a person operating a motorized 13 scooter and a vehicle to travel safely side-by-side within the lane. 14 2. Persons operating motorized scooters upon a roadway shall ride 15 single file. Persons operating motorized scooters upon a shoulder, bicy- 16 cle or in-line skate lane, or bicycle or in-line skate path intended for 17 the use of bicycles, in-line skates or motorized scooters may ride two 18 or more abreast if sufficient space is available, except that when pass- 19 ing a vehicle, bicycle, motorized personal assistive mobility device, 20 person on in-line skates or pedestrian standing or proceeding along such 21 shoulder, lane or path, persons operating motorized scooters shall oper- 22 ate such scooters single file. 23 3. Any person operating a motorized scooter who is entering a roadway 24 from a private road, driveway, alley or over a curb shall come to a full 25 stop before entering the roadway. 26 § 1295. Lamps and other equipment. 1. Every motorized scooter when in 27 use during the period from one-half hour after sunset to one-half hour 28 before sunrise shall be equipped with a lamp on the front which shall 29 emit a white light visible during hours of darkness from a distance of 30 at least five hundred feet to the front and with a red light visible to 31 the rear for three hundred feet. At least one such light shall be visi- 32 ble for two hundred feet from each side. 33 2. No person shall operate a motorized scooter unless such scooter is 34 equipped with a bell or other device capable of giving a signal audible 35 for a distance of at least one hundred feet, except that a motorized 36 scooter shall not be equipped with nor shall any person use upon a 37 motorized scooter any siren or whistle. 38 3. Every motorized scooter shall be equipped with a brake that enables 39 the operator to bring the motorized scooter to a controlled stop. 40 § 1296. Operators to wear protective headgear. 1. No person sixteen 41 or seventeen years of age shall ride upon, propel or otherwise operate a 42 motorized scooter unless such person is wearing a helmet meeting stand- 43 ards established by the commissioner pursuant to the provisions of 44 subdivision two-a of section twelve hundred thirty-eight of this title. 45 As used in this subdivision, wearing a helmet means having a properly 46 fitting helmet fixed securely on the head of such wearer with the helmet 47 straps securely fastened. 48 2. Any person who violates the provisions of subdivision one of this 49 section shall pay a civil fine not to exceed fifty dollars. 50 3. The court shall waive any fine for which a person who violates the 51 provisions of subdivision one of this section would be liable if such 52 person supplies the court with proof that between the date of violation 53 and the appearance date for such violation such person purchased or 54 rented a helmet, which meets the requirements of subdivision one of this 55 section, or if the court finds that due to reasons of economic hardship 56 such person was unable to purchase a helmet or due to such economicS. 9209 7 1 hardship such person was unable to obtain a helmet from the statewide 2 in-line skate and bicycle helmet distribution program, as established in 3 section two hundred six of the public health law or a local distribution 4 program. Such waiver of fine shall not apply to a second or subsequent 5 violation of subdivision one of this section. 6 4. The failure of any person to comply with the provisions of this 7 section shall not constitute contributory negligence or assumption of 8 risk, and shall not in any way bar, preclude or foreclose an action for 9 personal injury or wrongful death by or on behalf of such person, nor in 10 any way diminish or reduce the damages recoverable in any such action. 11 § 1297. Leaving the scene of an incident involving a motorized scooter 12 without reporting in the second degree. 1. Any person age eighteen years 13 or older operating a motorized scooter who, knowing or having cause to 14 know, that physical injury, as defined in subdivision nine of section 15 10.00 of the penal law, has been caused to another person, due to the 16 operation of such motorized scooter by such person, shall, before leav- 17 ing the place where such physical injury occurred, stop, and provide 18 their name and residence, including street and street number, to the 19 injured party, if practical, and also to a police officer, or in the 20 event that no police officer is in the vicinity of the place of said 21 injury, then such person shall report such incident as soon as phys- 22 ically able to the nearest police station or judicial officer. 23 2. Leaving the scene of an incident involving a motorized scooter 24 without reporting in the second degree is a violation. 25 § 1298. Leaving the scene of an incident involving a motorized scooter 26 without reporting in the first degree. 1. Any person age eighteen years 27 or older operating an motorized scooter who, knowing or having cause to 28 know, that serious physical injury, as defined in subdivision ten of 29 section 10.00 of the penal law, has been caused to another person, due 30 to the operation of such motorized scooter by such person, shall, before 31 leaving the place where such serious physical injury occurred, stop, and 32 provide their name and residence, including street and street number, to 33 the injured party, if practical, and also to a police officer, or in the 34 event that no police officer is in the vicinity of the place of said 35 injury, then such person shall report said incident as soon as phys- 36 ically able to the nearest police station or judicial officer. 37 2. Leaving the scene of an incident involving a motorized scooter 38 without reporting in the first degree is a class B misdemeanor. 39 § 1299. Operation of a motorized scooter while under the influence of 40 alcohol or drugs. 1. Offenses; criminal penalties. (a) Operating a 41 motorized scooter while ability impaired. No person shall operate a 42 motorized scooter while the person's ability to operate such motorized 43 scooter is impaired by the consumption of alcohol. 44 (i) A violation of this paragraph shall be a traffic infraction and 45 shall be punishable by a fine of not more than three hundred dollars, or 46 by imprisonment in a penitentiary or county jail for not more than 47 fifteen days, or by both such fine and imprisonment. 48 (ii) A person who operates a motorized scooter in violation of this 49 paragraph after having been convicted of a violation of any paragraph of 50 this subdivision within the preceding five years shall be punished by a 51 fine of not more than seven hundred fifty dollars, or by imprisonment of 52 not more than thirty days in a penitentiary or county jail or by both 53 such fine and imprisonment. 54 (iii) A person who operates a motorized scooter in violation of this 55 paragraph after being convicted two or more times of a violation of any 56 paragraph of this subdivision within the preceding ten years shall beS. 9209 8 1 guilty of a misdemeanor, and shall be punished by a fine of not more 2 than one thousand dollars, or by imprisonment of not more than one 3 hundred eighty days in a penitentiary or county jail or by both such 4 fine and imprisonment. 5 (b) Operating a motorized scooter while intoxicated; per se. No 6 person shall operate an motorized scooter while such person has .08 of 7 one per centum or more by weight of alcohol in the person's blood as 8 shown by chemical analysis of such person's blood, breath, urine or 9 saliva, made pursuant to the provisions of subdivision five of this 10 section. 11 (c) Operating a motorized scooter while intoxicated. No person shall 12 operate a motorized scooter while in an intoxicated condition. 13 (d) Operating a motorized scooter while ability impaired by drugs. No 14 person shall operate a motorized scooter while the person's ability to 15 operate such motorized scooter is impaired by the use of a drug as 16 defined in this chapter. 17 (e) Operating a motorized scooter while ability impaired by the 18 combined influence of drugs or of alcohol and any drug or drugs. No 19 person shall operate a motorized scooter while the person's ability to 20 operate such motorized scooter is impaired by the combined influence of 21 drugs or of alcohol and any drug or drugs. 22 (f) Penalty. (i) A violation of paragraph (b), (c), (d) or (e) of this 23 subdivision shall be a misdemeanor and shall be punishable by a fine of 24 not more than five hundred dollars, or by imprisonment in a penitentiary 25 or county jail for not more than one year, or by both such fine and 26 imprisonment. 27 (ii) A person who operates a motorized scooter in violation of para- 28 graph (b), (c), (d) or (e) of this subdivision after having been 29 convicted of a violation of paragraph (b), (c), (d) or (e) of this 30 subdivision within the preceding ten years shall be guilty of a class E 31 felony, and shall be punished by a fine of not more than one thousand 32 dollars or by a period of imprisonment as provided in the penal law, or 33 by both such fine and imprisonment. 34 (iii) A person who operates a motorized scooter in violation of para- 35 graph (b), (c), (d) or (e) of this subdivision after having been 36 convicted of a violation of paragraph (b), (c), (d) or (e) of this 37 subdivision two or more times within the preceding ten years shall be 38 guilty of a class E felony, and shall be punished by a fine of not more 39 than four thousand dollars or by a period of imprisonment as provided in 40 the penal law, or by both such fine and imprisonment. 41 2. Certain sentences prohibited. Notwithstanding any provisions of the 42 penal law, no judge or magistrate shall impose a sentence of uncondi- 43 tional discharge for a violation of paragraph (b), (c), (d) or (e) of 44 subdivision one of this section. 45 3. Sentencing: previous convictions. When sentencing a person for a 46 violation of paragraph (b), (c), (d) or (e) of subdivision one of this 47 section pursuant to subparagraph (ii) of paragraph (f) of subdivision 48 one of this section, the court shall consider any prior convictions the 49 person may have for a violation of subdivision two, two-a, three, four, 50 or four-a of section eleven hundred ninety-two of this title within the 51 preceding ten years. When sentencing a person for a violation of para- 52 graph (b), (c), (d) or (e) of subdivision one of this section pursuant 53 to subparagraph (iii) of paragraph (f) of subdivision one of this 54 section, the court shall consider any prior convictions the person may 55 have for a violation of subdivision two, two-a, three, four, or four-a 56 of section eleven hundred ninety-two of this title within the precedingS. 9209 9 1 ten years. When sentencing a person for a violation of subparagraph (ii) 2 of paragraph (a) of subdivision one of this section, the court shall 3 consider any prior convictions the person may have for a violation of 4 any subdivision of section eleven hundred ninety-two of this title with- 5 in the preceding five years. When sentencing a person for a violation of 6 subparagraph (iii) of paragraph (a) of subdivision one of this section, 7 the court shall consider any prior convictions the person may have for a 8 violation of any subdivision of section eleven hundred ninety-two of 9 this title within the preceding ten years. 10 4. Arrest and field testing. (a) Arrest. Notwithstanding the 11 provisions of section 140.10 of the criminal procedure law, a police 12 officer may, without a warrant, arrest a person, in case of a violation 13 of any paragraph of subdivision one of this section, if such violation 14 is coupled with an accident or collision in which such person is 15 involved, which in fact had been committed, though not in the police 16 officer's presence, when the officer has reasonable cause to believe 17 that the violation was committed by such person. For the purposes of 18 this subdivision, police officer shall also include a peace officer 19 authorized to enforce this chapter when the alleged violation consti- 20 tutes a crime. 21 (b) Field testing. Every person operating a motorized scooter which 22 has been involved in an accident shall, at the request of a police offi- 23 cer, submit to a breath test to be administered by the police officer. 24 If such test indicates that such operator has consumed alcohol, the 25 police officer may request such operator to submit to a chemical test in 26 the manner set forth in subdivision five of this section. 27 5. Chemical tests; when authorized. A police officer may request any 28 person who operates a motorized scooter in this state to consent to a 29 chemical test of one or more of the following: breath, blood, urine, or 30 saliva, for the purpose of determining the alcoholic and/or drug content 31 of such person's blood, provided that such test is administered at the 32 direction of a police officer with respect to a chemical test of breath, 33 urine or saliva or, with respect to a chemical test of blood, at the 34 direction of a police officer: (a) having reasonable grounds to believe 35 such person to have been operating in violation of paragraph (a), (b), 36 (c), (d) or (e) of subdivision one of this section and within two hours 37 after such person has been placed under arrest for any such violation; 38 or (b) within two hours after a breath test, as provided in paragraph 39 (b) of subdivision four of this section, indicates that alcohol has been 40 consumed by such person and in accordance with the rules and regulations 41 established by the police force of which the officer is a member. 42 6. Testing procedures. (a) Persons authorized to withdraw blood; immu- 43 nity; testimony. (i) At the request of a police officer, the following 44 persons may withdraw blood for the purpose of determining the alcoholic 45 or drug content therein: (A) a physician, a registered professional 46 nurse, a registered physician assistant, a certified nurse practitioner, 47 or an advanced emergency medical technician as certified by the depart- 48 ment of health; or (B) under the supervision and at the direction of a 49 physician, registered physician assistant or certified nurse practition- 50 er acting within their lawful scope of practice, or upon the express 51 consent of the person eighteen years of age or older from whom such 52 blood is to be withdrawn: a clinical laboratory technician or clinical 53 laboratory technologist licensed pursuant to article one hundred sixty- 54 five of the education law; a phlebotomist; or a medical laboratory tech- 55 nician or medical technologist employed by a clinical laboratory 56 approved under title five of article five of the public health law. ThisS. 9209 10 1 limitation shall not apply to the taking of a urine, saliva or breath 2 specimen. 3 (ii) No person entitled to withdraw blood pursuant to subparagraph one 4 of this paragraph or hospital employing such person, and no other 5 employer of such person shall be sued or held liable for any act done or 6 omitted in the course of withdrawing blood at the request of a police 7 officer pursuant to this section. 8 (iii) Any person who may have a cause of action arising from the with- 9 drawal of blood as aforesaid, for which no personal liability exists 10 under subparagraph (ii) of this paragraph, may maintain such action 11 against the state if any person entitled to withdraw blood pursuant to 12 this paragraph acted at the request of a police officer employed by the 13 state, or against the appropriate political subdivision of the state if 14 such person acted at the request of a police officer employed by a poli- 15 tical subdivision of the state. No action shall be maintained pursuant 16 to this subparagraph unless notice of claim is duly filed or served in 17 compliance with law. 18 (iv) Notwithstanding subparagraphs (i), (ii) and (iii) of this para- 19 graph an action may be maintained by the state or a political subdivi- 20 sion thereof against a person entitled to withdraw blood pursuant to 21 subparagraph (i) of this paragraph or hospital employing such person for 22 whose act or omission the state or the political subdivision has been 23 held liable under this paragraph to recover damages, not exceeding the 24 amount awarded to the claimant, that may have been sustained by the 25 state or the political subdivision by reason of gross negligence or bad 26 faith on the part of such person. 27 (v) The testimony of any person other than a physician, entitled to 28 withdraw blood pursuant to subparagraph (i) of this paragraph, in 29 respect to any such withdrawal of blood made by such person may be 30 received in evidence with the same weight, force and effect as if such 31 withdrawal of blood were made by a physician. 32 (vi) The provisions of subparagraphs (ii), (iii) and (iv) of this 33 paragraph shall also apply with regard to any person employed by a 34 hospital as security personnel for any act done or omitted in the course 35 of withdrawing blood at the request of a police officer pursuant to this 36 section. 37 (b) Right to additional test. The person tested shall be permitted to 38 choose a physician to administer a chemical test in addition to the one 39 administered at the direction of the police officer. 40 (c) Rules and regulations. The department of health shall issue and 41 file rules and regulations approving satisfactory techniques or methods 42 of conducting chemical analyses of a person's blood, urine, breath or 43 saliva and to ascertain the qualifications and competence of individuals 44 to conduct and supervise chemical analyses of a person's blood, urine, 45 breath or saliva. If the analyses were made by an individual possessing 46 a permit issued by the department of health, this shall be presumptive 47 evidence that the examination was properly given. The provisions of this 48 paragraph do not prohibit the introduction as evidence of an analysis 49 made by an individual other than a person possessing a permit issued by 50 the department of health. 51 7. Chemical test evidence. (a) Admissibility. Upon the trial of any 52 such action or proceeding arising out of actions alleged to have been 53 committed by any person arrested for a violation of any paragraph of 54 subdivision one of this section, the court shall admit evidence of the 55 amount of alcohol or drugs in the defendant's blood as shown by a testS. 9209 11 1 administered pursuant to the provisions of subdivision five of this 2 section. 3 (b) Probative value. The following effect shall be given to evidence 4 of blood-alcohol content, as determined by such tests, of a person 5 arrested for a violation of subdivision one of this section: 6 (i) evidence that there was .05 of one per centum or less by weight of 7 alcohol in such person's blood shall be prima facie evidence that the 8 ability of such person to operate a motorized scooter was not impaired 9 by the consumption of alcohol, and that such person was not in an intox- 10 icated condition; 11 (ii) evidence that there was more than .05 of one per centum but less 12 than .07 of one per centum by weight of alcohol in such person's blood 13 shall be prima facie evidence that such person was not in an intoxicated 14 condition, but such evidence shall be relevant evidence, but shall not 15 be given prima facie effect, in determining whether the ability of such 16 person to operate a motorized scooter was impaired by the consumption of 17 alcohol; and 18 (iii) evidence that there was .07 of one per centum or more but less 19 than .08 of one per centum by weight of alcohol in such person's blood 20 shall be prima facie evidence that such person was not in an intoxicated 21 condition, but such evidence shall be given prima facie effect in deter- 22 mining whether the ability of such person to operate a motorized scooter 23 was impaired by the consumption of alcohol. 24 8. Where applicable. The provisions of this section shall apply upon 25 public highways, private roads open to motor vehicle traffic, any other 26 parking lot, and sidewalks. For the purposes of this section "parking 27 lot" shall mean any area or areas of private property, including a 28 driveway, near or contiguous to and provided in connection with premises 29 and used as a means of access to and egress from a public highway to 30 such premises and having a capacity for the parking of four or more 31 motor vehicles. The provisions of this section shall not apply to any 32 area or areas of private property comprising all or part of property on 33 which is situated a one or two family residence. 34 9. Enforcement upon crash. Notwithstanding any provision of this 35 section, no part of this section may be enforced unless in conjunction 36 with a crash involving an operator of a motorized scooter. For the 37 purposes of this subdivision, "crash" shall mean colliding with a vehi- 38 cle, person, building or other object. 39 § 1300. Registration and inspection of motorized scooters. 1. Every 40 motorized scooter, of any class, as defined in section one hundred twen- 41 ty-three-a of this chapter shall be registered and issued a number plate 42 by the department. No person shall operate a motorized scooter unless 43 such device shall have a distinctive number assigned to it by the 44 commissioner and a number plate issued by the commissioner with a number 45 corresponding to that of the certificate of registration. 46 2. Such number plates shall be of such material, form, design and 47 dimensions and contain or set forth such distinguishing number or other 48 identification marks as the commissioner shall prescribe, provided, 49 however, that there shall be at all times a marked contrast between the 50 color of the number plates and that of the numerals or letters thereon. 51 3. Each such number plate shall be conspicuously displayed on the rear 52 of the motorized scooter, securely fastened so as to prevent the same 53 from swinging. 54 4. The fee for such number plates shall be determined by the commis- 55 sioner.S. 9209 12 1 5. The commissioner shall require that every motorized scooter in this 2 state be inspected annually and shall prescribe the standards and the 3 mechanisms to be inspected; provided that the commissioner shall require 4 that such inspection shall include inspection of any battery. The 5 commissioner shall prescribe rules for the issuance of separate 6 inspection certificates for the scooter and such battery which shall 7 contain the same serial number but which shall indicate which component 8 the certificate is for. 9 6. Where there is a violation of this section, the fine for such 10 violation shall be determined by the commissioner. 11 § 1301. Liability insurance. 1. A motorized scooter which is operated 12 anywhere other than on lands of the owner of such motorized scooter 13 shall be covered by a policy of insurance, in such language and form as 14 shall be determined and established by the superintendent of financial 15 services, issued by an insurance carrier authorized to do business in 16 this state. Such policy shall provide for coverage against loss from the 17 liability imposed by law for damages, including damages for care and 18 loss of services, because of bodily injury to or death of any person and 19 injury to or destruction of property arising out of the ownership, main- 20 tenance, use, or operation of a motorized scooter as defined in section 21 one hundred twenty-three-a of this chapter, in such amounts as the 22 superintendent shall prescribe. 23 2. Proof of insurance as required by this section shall be produced 24 and displayed by the owner or operator of such motorized scooter upon 25 the request of any person having authority to enforce the provisions of 26 this chapter. The failure to produce such proof upon the request of any 27 such person shall not be an offense but shall be presumptive evidence 28 that such motorized scooter is being operated without having such insur- 29 ance in force and effect. 30 3. Proof of insurance as required by this section shall be produced 31 and displayed by the owner or operator of such motorized scooter to any 32 person who has suffered or claims to have suffered either personal inju- 33 ry or property damage as a result of the operation of such motorized 34 scooter by the owner or operator, if such insurance coverage was 35 required under the circumstances of such operation. It shall be an 36 affirmative defense to any prosecution for a violation of this subdivi- 37 sion that such proof was so produced or displayed within twenty-four 38 hours of receiving notice of such injury or damage, or the claim of such 39 injury or damage. 40 4. No owner of a motorized scooter shall operate or permit the same to 41 be operated anywhere in this state other than on lands of the owner of 42 the motorized scooter without having in full force and effect the 43 liability insurance coverage required by this section, and no person 44 shall operate a motorized scooter anywhere in this state other than on 45 lands of the owner of the motorized scooter with the knowledge that such 46 insurance is not in full force and effect. 47 § 4. This act shall take effect immediately; provided, however, that 48 section three of this act shall take effect on the one hundred twentieth 49 day after it shall have become a law. Effective immediately, the addi- 50 tion, amendment and/or repeal of any rule or regulation necessary for 51 the implementation of this act on its effective date are authorized to 52 be made and completed on or before such effective date.