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A09903 Summary:

BILL NOA09903
 
SAME ASNo Same As
 
SPONSORAbbate
 
COSPNSRDickens, Pheffer Amato, Davila, Gottfried, Colton
 
MLTSPNSR
 
Add §§1244 & 1290, V & T L; amd §5103, Ins L
 
Requires liability insurance for bicycles with electric assist and electric scooters in cities having a population of one million or more.
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A09903 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9903
 
                   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 and the insurance law, in
          relation to requiring liability insurance for bicycles  with  electric
          assist  and  electric  scooters  in  cities having 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  section 1244 to read as follows:
     3    § 1244. Liability insurance. 1. A bicycle with electric  assist  which
     4  is  operated  anywhere  in  a city having a population of one million or
     5  more other than on lands of the owner  of  such  bicycle  with  electric
     6  assist  shall  be covered by a policy of insurance, in such language and
     7  form as shall be determined and established  by  the  superintendent  of
     8  financial  services,  issued  by  an  insurance carrier authorized to do
     9  business in this state. Such policy shall provide for coverages required
    10  of an "owner's policy of liability insurance" as set forth in  paragraph
    11  (a) of subdivision four of section three hundred eleven of this chapter.
    12  In  lieu of such insurance coverage as hereinabove provided, the commis-
    13  sioner, in his or her discretion and upon application of a  governmental
    14  agency  having registered in its name one or more bicycles with electric
    15  assist, may waive the requirement of insurance by  a  private  insurance
    16  carrier  and  issue  a  certificate of self-insurance, when he or she is
    17  satisfied that such governmental agency is possessed of financial abili-
    18  ty to respond to judgments obtained  against  it,  arising  out  of  the
    19  ownership,  use  or operation of such bicycles with electric assist. The
    20  commissioner may also waive the requirement of insurance  by  a  private
    21  insurance  carrier and issue a certificate of self-insurance upon appli-
    22  cation of any person or any other corporation, having registered in  its
    23  name,  one or more bicycles with electric assist and furnishing of proof
    24  that a certificate of self-insurance has been issued and  is  in  effect
    25  pursuant  to  the  provisions  of  section three hundred sixteen of this
    26  chapter.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15321-01-2

        A. 9903                             2

     1    2. Proof of insurance as required by this section  shall  be  produced
     2  and  displayed  by  the  owner or operator of such bicycle with electric
     3  assist upon the request of any magistrate or any person having authority
     4  to enforce the provisions of this chapter. The failure to  produce  such
     5  proof  upon  the  request of any such person shall not be an offense but
     6  shall be presumptive evidence that such bicycle with electric assist  is
     7  being operated without having such insurance in force and effect.
     8    3.  Proof  of  insurance as required by this section shall be produced
     9  and displayed by the owner or operator of  such  bicycle  with  electric
    10  assist  to any person who has suffered or claims to have suffered either
    11  personal injury or property damage as a result of the operation of  such
    12  bicycle with electric assist by the owner or operator, if such insurance
    13  coverage  was  required  under  the  circumstances of such operation. It
    14  shall be an affirmative defense to any prosecution for  a  violation  of
    15  this  subdivision  that  such  proof was so produced or displayed within
    16  twenty-four hours of receiving notice of such injury or damage,  or  the
    17  claim of such injury or damage.
    18    4.  No owner of a bicycle with electric assist shall operate or permit
    19  the same to be operated anywhere in a city  with  a  population  of  one
    20  million  or  more  other  than on lands of the owner of the bicycle with
    21  electric assist without having in full force and  effect  the  liability
    22  insurance coverage required by this section, and no person shall operate
    23  a  bicycle  with electric assist anywhere in a city with a population of
    24  one million or more other than on lands of the owner of the bicycle with
    25  electric assist with the knowledge that such insurance is  not  in  full
    26  force and effect.
    27    §  2.  The  vehicle and traffic law is amended by adding a new section
    28  1290 to read as follows:
    29    § 1290. Liability insurance. 1. An electric scooter which is  operated
    30  anywhere in a city having a population of one million or more other than
    31  on  lands  of  the  owner of such electric scooter shall be covered by a
    32  policy of insurance, in such language and form as  shall  be  determined
    33  and  established  by the superintendent of financial services, issued by
    34  an insurance carrier authorized to do business in this state. Such poli-
    35  cy shall provide for coverages required of an "owner's policy of liabil-
    36  ity insurance" as set forth in paragraph  (a)  of  subdivision  four  of
    37  section  three hundred eleven of this chapter. In lieu of such insurance
    38  coverage as hereinabove  provided,  the  commissioner,  in  his  or  her
    39  discretion  and  upon application of a governmental agency having regis-
    40  tered in its name one or more electric scooters, may waive the  require-
    41  ment of insurance by a private insurance carrier and issue a certificate
    42  of  self-insurance,  when  he or she is satisfied that such governmental
    43  agency is  possessed  of  financial  ability  to  respond  to  judgments
    44  obtained  against  it, arising out of the ownership, use or operation of
    45  such electric scooters. The commissioner may also waive the  requirement
    46  of  insurance  by a private insurance carrier and issue a certificate of
    47  self-insurance upon application of any person or any other  corporation,
    48  having  registered  in  its  name,  one  or  more  electric scooters and
    49  furnishing of proof that a certificate of self-insurance has been issued
    50  and is in effect pursuant to the provisions  of  section  three  hundred
    51  sixteen of this chapter.
    52    2.  Proof  of  insurance as required by this section shall be produced
    53  and displayed by the owner or operator of such electric scooter upon the
    54  request of any magistrate or any person having authority to enforce  the
    55  provisions  of  this chapter. The failure to produce such proof upon the
    56  request of any such person shall not be an offense but shall be presump-

        A. 9903                             3
 
     1  tive evidence that such  electric  scooter  is  being  operated  without
     2  having such insurance in force and effect.
     3    3.  Proof  of  insurance as required by this section shall be produced
     4  and displayed by the owner or operator of such electric scooter  to  any
     5  person who has suffered or claims to have suffered either personal inju-
     6  ry  or  property  damage  as  a result of the operation of such electric
     7  scooter by the  owner  or  operator,  if  such  insurance  coverage  was
     8  required  under  the  circumstances  of  such  operation. It shall be an
     9  affirmative defense to any prosecution for a violation of this  subdivi-
    10  sion  that  such  proof  was so produced or displayed within twenty-four
    11  hours of receiving notice of such injury or damage, or the claim of such
    12  injury or damage.
    13    4. No owner of an electric scooter shall operate or permit the same to
    14  be operated anywhere in a city with a population of one million or  more
    15  other  than on lands of the owner of the electric scooter without having
    16  in full force and effect the liability insurance  coverage  required  by
    17  this  section,  and no person shall operate an electric scooter anywhere
    18  in a city with a population of one million or more other than  on  lands
    19  of the owner of the electric scooter with the knowledge that such insur-
    20  ance is not in full force and effect.
    21    §  3.  Subsection (f) of section 5103 of the insurance law, as amended
    22  by chapter 402 of the laws of 1986, is amended to read as follows:
    23    (f)  Every  owner's  policy  of  liability  insurance  issued   on   a
    24  motorcycle,  bicycle  with  electric  assist, electric scooter or an all
    25  terrain vehicle in satisfaction of the requirements of  article  six  or
    26  eight  of the vehicle and traffic law, section twelve hundred forty-four
    27  of such law, section twelve hundred ninety of such law, or section twen-
    28  ty-four hundred seven of such law shall also provide  for;  every  owner
    29  who  maintains another form of financial security on a motorcycle, bicy-
    30  cle with electric assist, electric scooter or an all terrain vehicle  in
    31  satisfaction  of the requirements of such articles or [section] sections
    32  shall be liable for; and every owner of a motorcycle, bicycle with elec-
    33  tric assist, electric scooter or an all terrain vehicle required  to  be
    34  subject  to the provisions of this article by subdivision two of section
    35  three hundred twenty-one of such law shall be liable for; the payment of
    36  first party benefits to persons, other than the occupants of such motor-
    37  cycle, bicycle with electric assist, electric  scooter  or  all  terrain
    38  vehicle,  another  motorcycle,  bicycle  with  electric assist, electric
    39  scooter or all terrain vehicle, or any motor vehicle, for  loss  arising
    40  out  of  the  use  or operation of the motorcycle, bicycle with electric
    41  assist, electric scooter or all terrain vehicle within this state. Every
    42  insurer and self-insurer may exclude from the coverage required by  this
    43  subsection  a  person  who  intentionally  causes  his  own injury or is
    44  injured while committing an act which would constitute a felony or while
    45  seeking to avoid lawful apprehension or  arrest  by  a  law  enforcement
    46  officer.
    47    § 4. This act shall take effect on the one hundred twentieth day after
    48  it  shall have become a law. Effective immediately, the addition, amend-
    49  ment and/or repeal of any rule or regulation necessary for the implemen-
    50  tation of this act on its effective date are authorized to be  made  and
    51  completed on or before such effective date.
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