NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8643
TITLE OF BILL: An act to amend the general business law, in relation
to the sale of electronically motorized boards
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
increase public safety with regard to the use of hoverboards.
SUMMARY OF SPECIFIC PROVISIONS:
This bill adds a new section 391-u to the general business law to:
* Establish a 15 year old age minimum for operation of hoverboards;
* Define hoverboards as "electronically motorized boards" which have
electric propulsion systems with a maximum speed of 20 miles per
* Create regulations governing the sale and safety standards for all
hoverboards sold in New York through the Department of Motor Vehicles
until a federal agency promulgates rules and regulations.
JUSTIFICATION: Amid recent reports of fires and serious safety prob-
lems with the new rechargeable mechanized scooter known as the hover-
board, this legislation serves to increase public safety and will
require safe riding conditions, age restrictions, and state agency
authority to regulate the sale of the boards. The reported malfunctions
of hoverboards have prompted other states, including California, to take
action on the regulation of hoverboard use. New York City has also taken
steps to prohibit the boards from use on sidewalks and in airports.
Additionally, the federal Public Safety Commission has begun investi-
gations into the explosions of overcharged boards.
PRIOR LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: January 1st after enactment
STATE OF NEW YORK
January 7, 2016
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to the sale of
electronically motorized boards
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 391-u to read as follows:
3 § 391-u. Sale of electronically motorized boards. 1. No electron-
4 ically motorized board manufactured or assembled on or after January
5 first, two thousand seventeen shall be sold in this state unless such
6 electronically motorized board is manufactured or assembled in compli-
7 ance with rules and regulations promulgated by the commissioner pursuant
8 to subdivision two of this section.
9 2. The commissioner of the department of motor vehicles shall promul-
10 gate rules and regulations pertaining to safety standards and warning
11 labels that shall govern the manufacture, assembly and distribution of
12 electronically motorized boards until such time as the federal consumer
13 product safety commission or any successor commission or agency may
14 promulgate such rules and regulations.
15 3. An electronically motorized board shall only be sold to an individ-
16 ual having attained the age of fifteen. An electronically motorized
17 board shall be operated only by a person who is fifteen years of age or
19 4. For the purposes of this section, the term "electronically motor-
20 ized board" shall mean any wheeled device that has a floorboard designed
21 to be stood upon when riding that is not greater than sixty inches deep
22 and eighteen inches wide, is designed to transport only one person, and
23 has an electric propulsion system averaging less than one thousand
24 watts, the maximum speed of which, when powered solely by a propulsion
25 system on a paved level surface, is no more than twenty miles per hour.
26 The device may be designed to also be powered by human propulsion.
27 § 2. This act shall take effect on the first of January next succeed-
28 ing the date on which it shall have become a law; provided, however,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 8643 2
1 that effective immediately, the addition, amendment and/or repeal of any
2 rule or regulation necessary for the implementation of this act on its
3 effective date is authorized and directed to be made and completed on or
4 before such date.