Add §§114-e & 119-c, Art 34-D §§1280 - 1282, amd §§125 & 1800, V & T L; amd §94-a, Exec L
Provides that hoverboards and electric unicycles shall not be deemed to be "motor vehicles" under the vehicle and traffic law; regulates the operation of hoverboards; directs the consumer protection division to monitor and investigate reports of electric unicycles and hoverboards that explode.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8656A
SPONSOR: Weprin TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to exempting
hoverboards and electric unicycles from the definition of "motor vehi-
cle"; and to amend the executive law, in relation to directing the
consumer protection division to monitor incidents of hoverboards and
electric unicycles that explode or ignite
PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the Vehicle and Traffic Law (VTL) to definitively
exclude hoverboards and electric unicycles from the definition of a
"motor vehicle" under provisions of the VTL. As the operation of a
hoverboard or electric unicycle is closely related to that of a skate-
board, the bill provide both state and municipal authorities with the
ability to create unique sets of regulations pertaining to these
devices. Where "motor vehicles" are uniformly subjected to rules of the
road prescribed by the VTL, an exemption for hoverboard and electric
unicycle devices would allow officials to best address concerns that are
inherent only in the operation of these specific products. Nothing in
this legislation constricts the ability of State or municipal govern-
ments to address operational or safety concerns relative to these
devices; quite conversely, it allows these entities to address these
issues outside of the blanket regulatory scheme of the VTL as it relates
to "motor vehicles" and "electric personal assistive mobility devices."
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the Vehicle and Traffic Law by adding a new Section
119-c and 119-d that defines hoverboards as "every self-balancing
device, having two or more wheels on a single axle and not exceeding ten
inches in height, designed to transport one person by means of an elec-
tric propulsion system and having a maximum speed, when propelled solely
by its electric propulsion system, not in excess of twenty miles an
hour"; and electric unicycles as "every device, having single wheel on a
single axle and not exceeding twenty inches in height, designed to
transport one person by means of an electric propulsion system, not in
excess of twenty miles an hour." Both definitions clearly indicate that
hoverboards and electric unicycles shall not be deemed to be "electric
personal assistive mobility device(s)."
Section 2 amends Section 125 of the Vehicle and Traffic Law by expressly
exempting hoverboards and electric unicycles from the definition of a
"motor vehicle."
Section 3 amends the Vehicle and Traffic Law by adding a new Article
34-D titled 'Electric Unicycles and Hoverboards," which includes
language pertaining to local regulation and use in public parks, a
mandate for protective gear to be worn by users 18 years of age or youn-
ger, and a prohibition on the reckless operation of these devices on
sidewalks.
Section 4 amends Section 1800 of the Vehicle and Traffic Law by estab-
lishing fines for the reckless operation of these devices upon side-
walks.
Section 5 amends Section 94-a of the Executive Law by mandating that the
State Department's Division of Consumer Protection will investigate
complaints of exploding or igniting hoverboards, as well as maintain a
database of these devices known to explode or ignite into flames. The
Section further mandates that the Division will fine manufacturers
and/or vendors of these devices a civil penalty of $1,000 for each
instance where a device sold by them in this State explodes or ignites
into flames. Lastly, the Section mandates that upon the third instance
of an exploding or igniting device sold by a manufacturer and/or retail-
er, that entity shall no longer be allowed to distribute these devices
in New York.
Section 6 sets forth the effective date of this legislation.
JUSTIFICATION:
Recent media reports suggest that the New York City Police Department
(NYPD) has issued summonses, as well as has potentially made arrests and
seizures related to the use of hoverboard devices in New York City. At
first, the NYPD took the position that the operation of hoverboards and
electric unicycles is illegal in New York City based upon the City's ban
on e-bikes, codified at N.Y.C. Admin. Code 19-176.2. However, that
particular passage of the Code bans devices containing handlebars, and
hoverboards and electric unicycles do not meet this criterion. On its
Twitter account, the NYPD then took the position that hoverboards are
"motor vehicles" as defined by the New York State VTL and are illegal
for use because they cannot be registered with the Department of Motor
Vehicles (DMV).
Outside of New York City, municipalities ought not be subjected to a
'one size fits all' approach to the regulation of hoverboards and elec-
tric unicycles; rather, similar to skateboards, it is sensible to allow
municipalities to develop regulations relative to their local operation
and safety measures. While hoverboards and electric unicycles ought not
be operated in busy city streets, it is the case that suburban and rural
areas of the State may wish to address safe operation where sidewalks
are unavailable. The Sponsor further contends that the use of these
devices in public parks is sensible. Finally, nothing in this legis-
lation prevents the State from instituting its own safety and opera-
tional measures relative to these unique devices.
Relative to the safe use of hoverboards and electric unicycles, it is
important that riders aged eighteen years or younger be required to wear
protective gear when operating these devices, including helmets, knee
pads and wrist guards. Additionally, this legislation seeks to remedy
concerns regarding the unsafe operation of these devices on sidewalks by
establishing Statewide penalties for the "reckless operation" of hover-
boards and electric unicycles. Akin to skateboarding and in-line skating
rules already on the book in New York City, persons operating these
devices in a manner that endangers the safety or property of another
will face a fine of $50-100.
To address recent reports of hoverboard devices that explode or ignite
into flames, the legislation seeks to empower the State Department's
Division of Consumer Protection with the ability to investigate
complaints of these occurrences, as well as devise a database that cata-
logs these incidents. This information will be available to the public
on the Division's website. Retailers and manufacturers who are found to
have distributed a device that explodes or ignites into flames will face
a civil penalty of $1,000 for each violation. On a third violation,
those retailers and manufacturers will lose the ability to sell hover-
boards and electric unicycles in New York State.
In order to effectuate safety policy that is successful in addressing
the challenges posed by these new technologies, it is proper to note
that hoverboards and electric unicycles should not be included in the
definition of "motor vehicles" that is currently contained in the VTL.
There is no evidence to suggest that an all-out ban on hoverboards or
electric unicycles is in the public interest. Further, no party has
argued that the DMV should institute a registration scheme that encom-
passes hoverboard and electric unicycle devices. Commonsense dictates
that safety regulations promulgated by the State or its municipal subdi-
visions, and specifically tailored to the address both the benefits and
harms of these technologies, is the logical next step forward.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
