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A09886 Summary:

BILL NOA09886
 
SAME ASNo Same As
 
SPONSORAbbate
 
COSPNSRDickens, Pheffer Amato, Davila, Gottfried, Colton
 
MLTSPNSR
 
Add Art 12-E §§399-u - 399-w, §§1244 & 1290, amd §504, V & T L
 
Establishes a bicycle with electric assist and electric scooter operator's safety manual; provides for the issuance of a license for residents who successfully read and comprehend the operator's safety manual; requires residents who operate a bicycle with electric assist or electric scooter in New York City to have a license to operate such devices.
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A09886 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9886
 
                   IN ASSEMBLY
 
                                     April 19, 2022
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Transportation
 
        AN ACT 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 in a city with a  population  of  one
          million or more

          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 12-E to read as follows:
     3                                ARTICLE 12-E
     4                                NEW YORK CITY
     5                        BICYCLE WITH ELECTRIC ASSIST
     6          AND ELECTRIC SCOOTER SAFETY EDUCATION COURSE AND LICENSE
     7  Section  399-u. Bicycle with electric assist and electric scooter opera-
     8                   tor's safety manual.
     9          399-v. License for the operation  of  a  bicycle  with  electric
    10                   assist and electric scooter.
    11          399-w. Rules and regulations.
    12    §  399-u. Bicycle with electric assist and electric scooter operator's
    13  safety manual. The commissioner shall develop and publish a bicycle with
    14  electric assist and electric scooter operator's safety manual that shall
    15  be  available  for  distribution  and  accessible  on  the  department's
    16  website.  The manual shall include but not be limited to the following:
    17    (a)  an  overview  of  traffic  laws  governing bicycles with electric
    18  assist and electric scooters;
    19    (b) the safe operation of bicycles with electric assist  and  electric
    20  scooters;
    21    (c)  bicycle  lanes  as  defined  in section one hundred two-a of this
    22  chapter; and
    23    (d) obligations to comply with traffic control  devices  and  markings
    24  related  to  bicycles  with electric assist  operators, electric scooter
    25  operators and pedestrians.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15318-01-2

        A. 9886                             2
 
     1    § 399-v. License for the operation of a bicycle with  electric  assist
     2  and  electric scooter.   1. Upon successful comprehension of the bicycle
     3  with electric assist and electric scooter operator's  safety  manual,  a
     4  resident  of  a  city  with a population of one million or more may then
     5  make  an application to receive a license for the operation of a bicycle
     6  with electric assist and electric scooter.
     7    2. (a) An application for such license shall be made  to  the  commis-
     8  sioner and shall require an applicant to furnish proof of identity, age,
     9  fitness  and  any  other  information required by the commissioner. Such
    10  application may also require a photographic image of the applicant.
    11    (b) A nominal fee may be prescribed by the commissioner for the  issu-
    12  ance, renewal and amendment of a license.
    13    (c) A license shall be valid from the date of issuance until a date of
    14  expiration as determined by the commissioner.
    15    § 399-w. Rules and regulations. The commissioner shall promulgate such
    16  rules  and  regulations as are necessary to effectuate the provisions of
    17  this article. In addition to any requirements  expressly  authorized  by
    18  this article, such regulations may include, but not be limited to, vali-
    19  dating  that  a person has read and comprehends the department's bicycle
    20  with electric assist and electric scooter operator's safety manual.
    21    § 2. Subdivision 1 of section 504 of the vehicle and  traffic  law  is
    22  amended by adding a new paragraph (a-2) to read as follows:
    23    (a-2)  Every license or renewal thereof issued to an applicant who has
    24  a license for the operation of a bicycle with electric assist and  elec-
    25  tric  scooter  in  a  city  with a population of one million or more and
    26  after submission of proof as set forth in this paragraph shall contain a
    27  distinguishing mark, in such form as the commissioner  shall  determine,
    28  indicating  that  he  or  she  has read and comprehends the bicycle with
    29  electric assist and electric scooter operator's  safety  manual.    Such
    30  proof  shall  consist  of  a license for the operation of a bicycle with
    31  electric assist and  electric  scooter  that  is  provided  pursuant  to
    32  section  three  hundred  ninety-nine-v of this chapter. The commissioner
    33  shall not require fees for the issuance of  such  licenses  or  renewals
    34  thereof  containing  a bicycle with electric assist and electric scooter
    35  operator's safety manual comprehension  distinguishing  mark  which  are
    36  different from fees otherwise required; provided, however, that notwith-
    37  standing  the  provisions  of  this  section, the commissioner shall not
    38  require fees for a duplication or amendment of a license  prior  to  its
    39  renewal  if  such duplication or amendment was solely for the purpose of
    40  adding a bicycle with electric assist and  electric  scooter  operator's
    41  safety manual comprehension distinguishing mark to such license.
    42    §  3.  The  vehicle and traffic law is amended by adding a new section
    43  1244 to read as follows:
    44    § 1244. Operation of a bicycle  with  electric  assist  is  prohibited
    45  without  a  license.  No  person  shall  operate a bicycle with electric
    46  assist on a public roadway in a city with a population of one million or
    47  more unless the operator is a holder of a license for the operation of a
    48  bicycle with electric assist and electric scooter issued to him  or  her
    49  pursuant to article twelve-E of this chapter.
    50    §  4.  The  vehicle and traffic law is amended by adding a new section
    51  1290 to read as follows:
    52    § 1290. Operation of an  electric  scooter  is  prohibited  without  a
    53  license. No person shall operate an electric scooter on a public roadway
    54  in  a  city with a population of one million or more unless the operator
    55  is a holder of a license for the operation of a  bicycle  with  electric

        A. 9886                             3
 
     1  assist  and  electric  scooter  issued to him or her pursuant to article
     2  twelve-E of this chapter.
     3    § 5. This act shall take effect on the one hundred twentieth day after
     4  it  shall have become a law. Effective immediately, the addition, amend-
     5  ment and/or repeal of any rule or regulation necessary for the implemen-
     6  tation of this act on its effective date are authorized to be made on or
     7  before such date.
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