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A05446 Summary:

BILL NOA05446
 
SAME ASNo Same As
 
SPONSORVanel
 
COSPNSR
 
MLTSPNSR
 
Amd V & T L, generally; add §92-kk, St Fin L; amd §806-a, Ed L
 
Relates to the registration and operation of high-speed electric personal assistive mobility devices.
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A05446 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5446
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2025
                                       ___________
 
        Introduced  by M. of A. VANEL -- read once and referred to the Committee
          on Transportation
 
        AN ACT to amend the vehicle and traffic law, the state finance  law  and
          the  education law, in relation to high-speed electric personal assis-
          tive mobility devices
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 114-d of the vehicle and traffic law, as added by
     2  chapter 365 of the laws of 2008, is amended to read as follows:
     3    § 114-d. Electric personal assistive mobility device.  Every  self-ba-
     4  lancing, one wheeled or two non-tandem wheeled device designed to trans-
     5  port  one person by means of an electric propulsion system with an aver-
     6  age output of not more than seven hundred fifty watts (one  horsepower),
     7  and  the maximum speed of which on a paved level surface, when propelled
     8  solely by its electric propulsion system while  ridden  by  an  operator
     9  weighing  one hundred seventy pounds, is less than [twelve and one-half]
    10  twenty miles per hour.
    11    § 2. The vehicle and traffic law is amended by adding  a  new  section
    12  114-f to read as follows:
    13    § 114-f. High-speed electric personal assistive mobility device. Every
    14  self-balancing,  one  wheeled or two tandem or non-tandem wheeled device
    15  designed to transport one person by  means  of  an  electric  propulsion
    16  system that exceeds twenty miles per hour on a paved level surface, when
    17  propelled  solely  by  its electric propulsion system while ridden by an
    18  operator weighing less than one hundred seventy pounds.
    19    § 3. Section 121-c of the vehicle and traffic law, as amended by chap-
    20  ter 931 of the laws of 1977, is amended to read as follows:
    21    § 121-c. Limited use vehicle. A motor vehicle, other than  one  regis-
    22  tered  or  capable of being registered pursuant to sections four hundred
    23  one [or], four hundred ten, or four hundred fourteen  of  this  chapter,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08415-01-5

        A. 5446                             2
 
     1  which  has  a maximum performance speed of not more than forty miles per
     2  hour, as defined in section one hundred twenty-two-b of this chapter.
     3    § 4. Section 204 of the vehicle and traffic law, as amended by chapter
     4  464 of the laws of 1960, is amended to read as follows:
     5    § 204. Subpoenaing  hearing  referees.  No  officer or employee of the
     6  department of motor vehicles who has conducted a hearing  concerning  an
     7  owner  or  operator  of  a  motor  vehicle, high-speed electric personal
     8  assistive mobility device, or motorcycle shall be required to appear  in
     9  any court as a witness in a civil action in which such owner or operator
    10  is a party except pursuant to a subpoena signed by a judge of a court of
    11  record,  or  a judge of the court in which the action is pending, issued
    12  upon an application to such judge after, at least, one day's  notice  to
    13  the commissioner or a deputy commissioner of motor vehicles.
    14    §  5.  The  vehicle and traffic law is amended by adding a new article
    15  12-E to read as follows:
    16                                ARTICLE 12-E
    17    EQUIPMENT OF HIGH-SPEED ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
    18  Section 399-aa. Design and manufacture.
    19          399-bb. Turning indicators.
    20          399-cc. Bells.
    21          399-dd. Pedestrian safety standards.
    22          399-ee. Prohibited chargers.
    23          399-ff. Operator's manual.
    24          399-gg. Law governing disputes  over  design,  manufacture,  and
    25                    safety.
    26    §  399-aa.  Design  and manufacture. Other than the special provisions
    27  under this article, a high-speed electric  personal  assistive  mobility
    28  device  may  be  manufactured  and  designed in accordance with relevant
    29  safety and design principles.
    30    § 399-bb. Turning indicators. A high-speed electric personal assistive
    31  mobility device shall not be required to have a turning indicator.
    32    § 399-cc.  Bells.  No  person  shall  operate  a  high-speed  electric
    33  personal  assistive  mobility  device unless it is equipped with, or the
    34  operator is holding, a bell or other device capable of giving  a  signal
    35  audible  for  a  distance of at least one hundred feet, except that such
    36  device shall not be equipped with nor shall any  person  use  upon  such
    37  device any siren or whistle.
    38    §   399-dd.  Pedestrian  safety  standards.  All  high-speed  electric
    39  personal assistive mobility devices shall be manufactured  and  designed
    40  to  mitigate  the risk of serious fatal injury in child and adult pedes-
    41  trian collisions.
    42    §  399-ee.  Prohibited  charging  devices.    No  high-speed  electric
    43  personal  assistive  mobility  device  shall  be  sold or charged with a
    44  universal charger.
    45    § 399-ff. Operator's manual. Every high-speed electric personal assis-
    46  tive mobility device shall come with an operation  manual  that  may  be
    47  either printed or readily accessible via the internet.
    48    §  399-gg. Law governing disputes over design, manufacture, pedestrian
    49  safety, and failure to warn.  All disputes related to  the  design,  the
    50  manufacture, pedestrian safety, and failure to warn shall be governed by
    51  the  state's common law on product liability and if no applicable common
    52  law exists, then by statute.
    53    § 6. Subdivision a of section 400 of the vehicle and traffic  law,  as
    54  added by chapter 776 of the laws of 1959, is amended to read as follows:

        A. 5446                             3
 
     1    a.  Upon the registration, numbering and regulation of motor vehicles,
     2  high-speed electric personal assistive mobility  devices,  and  motorcy-
     3  cles; and
     4    § 7. Section 403-a of the vehicle and traffic law, as amended by chap-
     5  ter 61 of the laws of 1989, is amended to read as follows:
     6    § 403-a. Temporary  indicia  of  registration.  The  commissioner  may
     7  promulgate regulations to provide for temporary indicia of  registration
     8  which  shall  permit  a person to operate or park a motor vehicle, high-
     9  speed electric personal assistive mobility  device  or  trailer  on  the
    10  public  highways  of  this  state without number plates or number decals
    11  issued by the commissioner or validating stickers for a  period  not  to
    12  exceed  fifteen  days  when  the number plate or plates, number decal or
    13  validating sticker for such motor vehicle, high-speed electric  personal
    14  assistive mobility device or trailer has been lost, stolen, mutilated or
    15  destroyed. Such regulations may provide for the charging of a fee of not
    16  more  than three dollars for any issuance of temporary indicia of regis-
    17  tration. Any person who operates or parks a  motor  vehicle,  high-speed
    18  electric  personal  assistive  mobility  device or trailer on the public
    19  highways  of  this  state,  which  motor  vehicle,  high-speed  electric
    20  personal  assistive mobility device or trailer is in fact validly regis-
    21  tered pursuant to the provisions of section four hundred one [or],  four
    22  hundred ten, or four hundred fourteen of this [chapter] title, without a
    23  number  plate or plates, number decal or validating sticker, and who has
    24  complied with any such regulations promulgated by the commissioner under
    25  this section shall not be deemed to be  operating  or  parking  a  motor
    26  vehicle,  high-speed  electric  personal  assistive  mobility  device or
    27  trailer in violation of subdivision one or three of section four hundred
    28  two or section four hundred three of this  [chapter]  title.  Falsifying
    29  any  temporary  indicia  of registration prescribed by any regulation of
    30  the commissioner issued pursuant to this  section  shall  be  a  traffic
    31  infraction.
    32    §  8.  The  vehicle and traffic law is amended by adding a new article
    33  15-B to read as follows:
    34                                 ARTICLE 15-B
    35   REGISTRATION OF HIGH-SPEED ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
    36  Section 414. Registration  of  high-speed  electric  personal  assistive
    37                   mobility devices; fees; renewals.
    38          414-a.  High-speed  electric  personal assistive mobility device
    39                   safety program.
    40          414-b. Distinctive number; form of number decals.
    41          414-c. Financial security.
    42          414-d. Punishment for violation.
    43    § 414. Registration of high-speed electric personal assistive mobility
    44  devices; fees; renewals. 1. Registration by owners. No high-speed  elec-
    45  tric  personal  assistive  mobility  devices shall be operated or driven
    46  upon the public highways of this state with a posted speed limit of less
    47  than forty miles per hour without first being registered  in  accordance
    48  with  the  provisions  of  this  article,  except as otherwise expressly
    49  provided in this chapter. Every owner of a high-speed electric  personal
    50  assistive  mobility  device  which  shall be operated or driven upon the
    51  public highways of this state with a posted speed  limit  of  less  than
    52  forty  miles  per  hour  shall,  except as otherwise expressly provided,
    53  cause to be filed, by mail or otherwise,  in  the  office  or  a  branch
    54  office  of  the  commissioner,  or  with  an  agent of the commissioner,
    55  constituted as provided in this chapter, an  application  for  registra-
    56  tion, addressed to the commissioner, and on a blank to be prepared under

        A. 5446                             4
 
     1  the  direction  of  and  furnished by the commissioner for that purpose,
     2  containing:
     3    (a)  a brief description of the high-speed electric personal assistive
     4  mobility device to be registered, including the name of the manufacturer
     5  and factory number of such device; and
     6    (b) the name, residence, including county and business address of  the
     7  owner of such high-speed electric personal assistive mobility device.
     8    2.  Registration  record. Upon the receipt of a sufficient application
     9  for registration, as provided in this article, the commissioner or agent
    10  receiving it shall register such high-speed electric personal  assistive
    11  mobility device, and maintain a record of the registration of such high-
    12  speed  electric personal assistive mobility device under the distinctive
    13  number assigned to such high-speed electric personal assistive  mobility
    14  device,  as provided in this section, and the information in such record
    15  may be obtained upon payment  of  the  fees  specified  in  section  two
    16  hundred two of this chapter.
    17    3.  Certificate  of registration. (a) Upon the filing of such applica-
    18  tion and the payment of the fee hereinafter provided,  the  commissioner
    19  shall  assign  to  such  high-speed electric personal assistive mobility
    20  device a distinctive number and, without expense to the applicant, issue
    21  and deliver in such manner as the commissioner may select to the owner a
    22  certificate of registration,  in  such  form  as  the  commissioner  may
    23  prescribe,  and  a  number decal at a place within the state of New York
    24  named by the applicant in such applicant's application. In the event  of
    25  the  loss,  mutilation or destruction of any certificate of registration
    26  or number decal, the owner of a registered device may file  such  state-
    27  ment  and  proof  of the facts as the commissioner shall require, with a
    28  fee of three dollars, in the office of the commissioner, or, unless  and
    29  until  the  commissioner  shall  otherwise  direct, in the office of the
    30  agent who issued the certificate or decal and the  commissioner  or  the
    31  commissioner's  agent,  as  the  case may be, shall issue a duplicate or
    32  substitute. No application for registration shall be accepted unless the
    33  applicant is at least eighteen years of age.
    34    (b) Upon the issuance of a certificate of  registration,  the  commis-
    35  sioner  shall  provide  the owner of such device with a notice regarding
    36  the laws governing unidentifiable high-speed electric personal assistive
    37  mobility device parts, in such form and manner as the  commissioner  may
    38  prescribe.
    39    4. Times for registration and reregistration. Registration applied for
    40  and  certificates  issued  under  any application shall expire on a date
    41  determined by the commissioner. Registration shall  be  renewed  period-
    42  ically  in  the  same  manner and upon payment of the same annual fee as
    43  provided in this section for registration, to take effect and to  expire
    44  on  dates  to be determined by the commissioner. Provided, however, that
    45  the commissioner shall have authority to fix  the  length  of  time  for
    46  which  any  such  device which is registered without fee shall be regis-
    47  tered. Provided further, however, that renewal of a registration may  be
    48  used  preceding  the expiration date of such registration including such
    49  expiration date.
    50    5. Registration fees. (a) The annual fee for registration or  reregis-
    51  tration  of  a  high-speed  electric  personal assistive mobility device
    52  shall be seventeen dollars and fifty cents.
    53    (b) Where a registration is made for a period of more or less than one
    54  calendar  year,  the  registration  fee  shall  not  be  prorated.   The
    55  provisions hereof with respect to the payment of registration fees shall
    56  not  apply  to  high-speed  electric personal assistive mobility devices

        A. 5446                             5
 
     1  owned or controlled by the state, a city, county, village or town or any
     2  of the departments thereof, or any school district or  county  extension
     3  service association, but in other respects shall be applicable.
     4    6.  Fees in lieu of taxes. The registration fees imposed by this arti-
     5  cle upon such devices shall be in lieu of all taxes, general  or  local,
     6  to  which high-speed electric personal assistive mobility devices may be
     7  subject.
     8    § 414-a. High-speed electric personal assistive mobility device safety
     9  program. 1. The commissioner shall establish and administer a high-speed
    10  electric personal assistive mobility device safety program  which  shall
    11  consist  of  approved  high-speed  electric  personal assistive mobility
    12  device rider training courses, high-speed  electric  personal  assistive
    13  mobility  device  course  instructor  training,  program  promotion, and
    14  public awareness. Approved rider training courses shall be  approved  by
    15  the  department.  Approved courses shall include at least eight hours of
    16  instruction in the actual operation of a  high-speed  electric  personal
    17  assistive  mobility device. Monies from the high-speed electric personal
    18  assistive mobility device safety fund established  pursuant  to  section
    19  ninety-two-kk  of the state finance law shall be used for the establish-
    20  ment and implementation of this program.
    21    2. The commissioner shall issue a request for proposals for the  coor-
    22  dination  of  a  high-speed  electric personal assistive mobility device
    23  safety program which shall set requirements for the preparation of bids.
    24  The commissioner shall enter into a  contract,  for  a  period  of  five
    25  years,  with  a  high-speed  electric personal assistive mobility device
    26  rider training coordinating organization selected pursuant to such proc-
    27  ess. The contract  shall  be  awarded  following  the  consideration  of
    28  factors  which  shall include, but not be limited to, the most favorable
    29  financial advantage for the state, the greatest utility  to  the  rider,
    30  the  comprehensiveness  and  effectiveness  of such organization and its
    31  compatibility with the existing rider education programs. The high-speed
    32  electric personal assistive mobility device rider training  coordination
    33  organization  shall be subject to periodic reporting requirements estab-
    34  lished by the department outlining the administration and  effectiveness
    35  of  its  program  and an itemization of all high-speed electric personal
    36  assistive mobility device safety fund allocations. Such high-speed elec-
    37  tric personal assistive  mobility  device  rider  training  coordinating
    38  organization  shall  have  as its administrator an individual who has no
    39  financial or proprietary interest  in  a  high-speed  electric  personal
    40  assistive mobility device training school or facility.
    41    3.  The  high-speed  electric personal assistive mobility device rider
    42  training coordinating organization shall submit to the commissioner  for
    43  approval requests for advances pursuant to a contract and reimbursements
    44  from  the  high-speed electric personal assistive mobility device safety
    45  fund  for  equipment,  operating  and  administrative  costs  and  other
    46  expenses  necessary  to  carry  out  the provisions of this section. The
    47  commissioner shall approve all such requests for expenditures  that  are
    48  in accordance with the provisions of this section.
    49    4.  The commissioner shall annually file a report on expenditures from
    50  the high-speed electric personal assistive mobility device safety  fund,
    51  established  pursuant to section ninety-two-kk of the state finance law,
    52  with the legislature. Such report shall include the name of  the  funded
    53  high-speed  electric  personal  assistive mobility device rider training
    54  coordinating organization and the amount of funds distributed to it  and
    55  shall  provide  an evaluation of the overall effectiveness of the funded
    56  programs and any recommendations for programmatic changes.

        A. 5446                             6

     1    § 414-b. Distinctive number; form of number decals. 1. No person shall
     2  operate or drive  a  high-speed  electric  personal  assistive  mobility
     3  device on the public highways of this state with a posted speed limit of
     4  less  than forty miles per hour unless such high-speed electric personal
     5  assistive mobility device shall have a distinctive number assigned to it
     6  by the commissioner and a number decal issued by the commissioner with a
     7  number corresponding to that of the certificate of registration conspic-
     8  uously  displayed  on  a  conspicuous  part  of such high-speed electric
     9  personal assistive mobility device which is readily visible.
    10    2. Such number decals shall be of  such  material,  form,  design  and
    11  dimensions  and contain or set forth such distinguishing number or other
    12  identification marks as  the  commissioner  shall  prescribe,  provided,
    13  however,  that there shall be at all times a marked contrast between the
    14  color of the number decals and that of the numerals or letters  thereon,
    15  and  provided  further  that  no  high-speed electric personal assistive
    16  mobility device shall display the number decals of more than  one  state
    17  at  a  time,  nor shall any decal be used other than those issued by the
    18  commissioner.
    19    3. No person shall operate or drive  a  high-speed  electric  personal
    20  assistive  mobility device upon the public highways of this state with a
    21  posted speed limit of less than forty miles per  hour  having  displayed
    22  thereon  a number decal not proper for such high-speed electric personal
    23  assistive mobility device under the provisions of this chapter and, upon
    24  conviction for this offense, the number decal shall  be  destroyed  with
    25  proof  of  such  destruction  submitted to the court for delivery to the
    26  commissioner.
    27    4. No person shall knowingly authorize or permit a number decal issued
    28  for a high-speed electric personal assistive mobility device  owned  and
    29  registered  by  such  person  to be displayed on any high-speed electric
    30  personal assistive mobility device  other  than  a  high-speed  electric
    31  personal  assistive  mobility device to which such number decal has been
    32  assigned by the commissioner.
    33    § 414-c. Financial security. No evidence of financial  security  shall
    34  be required to register a high-speed electric personal assistive mobili-
    35  ty device.
    36    §  414-d.  Punishment  for  violation.  The  violation  of  any of the
    37  provisions of section four hundred fourteen of  this  article  shall  be
    38  punishable  by  a  fine of not less than fifty nor more than two hundred
    39  dollars, or by imprisonment for not more than fifteen days, or  by  both
    40  such  fine and imprisonment except, if the violation consists of failure
    41  to renew a registration which was valid  within  sixty  days,  the  fine
    42  shall  be  not  less than twenty-five dollars. A violation of any of the
    43  provisions of section four hundred fourteen-b of this article  shall  be
    44  punishable  by  a  fine  of  not less than twenty-five nor more than two
    45  hundred dollars or by imprisonment for not more than fifteen days, or by
    46  both such fine and imprisonment.
    47    § 9. The vehicle and traffic law is amended by adding  a  new  article
    48  34-E to read as follows:
    49                                 ARTICLE 34-E
    50    OPERATION OF HIGH-SPEED ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
    51  Section 1295. Traffic  laws  apply to persons operating high-speed elec-
    52                  tric personal assistive mobility devices.
    53          1296. Riding on high-speed electric personal assistive  mobility
    54                  device.
    55          1297. Operating  high-speed electric personal assistive mobility
    56                  device on highways laned for traffic.

        A. 5446                             7
 
     1          1298. Clinging to other vehicles.
     2    §  1295.  Traffic  laws apply to persons operating high-speed electric
     3  personal assistive mobility devices. Every person operating a high-speed
     4  electric personal assistive mobility device shall be granted all of  the
     5  rights and shall be subject to all of the duties applicable to the driv-
     6  er  of  any  other  vehicle under this title, except as to special regu-
     7  lations in this article and except as to those provisions of this  title
     8  which by their nature can have no application.
     9    §  1296.  Riding  on  high-speed  electric personal assistive mobility
    10  device.  1. A person operating a high-speed electric personal  assistive
    11  mobility device shall ride only in the manner prescribed by the manufac-
    12  turer  of  such  device, and such rider shall not carry any other person
    13  nor shall any other person ride on a high-speed electric personal assis-
    14  tive mobility device.
    15    2. No person shall operate a high-speed  electric  personal  assistive
    16  mobility  device  while  carrying  any  package, bundle or other article
    17  which prevents such person from operating  such  device  in  the  manner
    18  prescribed by the manufacturer.
    19    3.  No  person shall carry any person, nor shall any person ride, in a
    20  position that will interfere with the operation of control of the  high-
    21  speed  electric  personal  assistive  mobility device or the view of the
    22  operator.
    23    § 1297. Operating  high-speed  electric  personal  assistive  mobility
    24  device  on  highways  laned  for  traffic.  1.  All  high-speed electric
    25  personal assistive mobility devices are entitled to full use of  a  lane
    26  and  no motor vehicle or high-speed electric personal assistive mobility
    27  device shall be driven in such a manner as  to  deprive  any  high-speed
    28  electric  personal  assistive mobility device of the full use of a lane.
    29  However, this section shall not be construed to prevent high-speed elec-
    30  tric personal assistive mobility device from being operated two  abreast
    31  in a single lane.
    32    2.  The  operator of a high-speed electric personal assistive mobility
    33  device shall not overtake and pass in the  same  lane  occupied  by  the
    34  vehicle being overtaken.
    35    3.  No  person  shall operate a high-speed electric personal assistive
    36  mobility device between lanes of traffic or between  adjacent  lines  or
    37  rows of vehicles.
    38    4.  High-speed  electric personal assistive mobility devices shall not
    39  be operated more than two abreast in a single lane.
    40    5. No high-speed electric personal assistive mobility device shall  be
    41  operated  on  a  highway with a posted speed limit of greater than forty
    42  miles per hour.
    43    6. Every high-speed electric personal assistive mobility  device  when
    44  in  use  during  the  period from one-half hour after sunset to one-half
    45  hour before sunrise shall be equipped with a light on  the  front  which
    46  shall  emit  a  white  light  visible  during  hours  of darkness from a
    47  distance of at least five hundred feet to the front and  with  an  addi-
    48  tional  red  light  visible to the rear for three hundred feet. At least
    49  one of these lights shall be visible for  two  hundred  feet  from  each
    50  side.
    51    7.  Every high-speed electric personal assistive mobility device shall
    52  be equipped with a system that enables the operator to bring the  device
    53  to a controlled stop.
    54    § 1298. Clinging to other vehicles. No person riding upon a high-speed
    55  electric personal assistive mobility device shall attach themself or the

        A. 5446                             8
 
     1  high-speed  electric  personal  assistive  mobility  device to any other
     2  vehicle or streetcar on a highway.
     3    §  10.  The state finance law is amended by adding a new section 92-kk
     4  to read as follows:
     5    § 92-kk. High-speed electric personal assistive mobility device safety
     6  fund. 1. There is hereby established in the joint custody of  the  state
     7  comptroller  and the commissioner of taxation and finance a special fund
     8  to be known as the  "high-speed  electric  personal  assistive  mobility
     9  device safety fund".
    10    2.  Moneys  of  the  fund, following appropriation by the legislature,
    11  shall be made available to the department of motor vehicles only for the
    12  administration and implementation of the  high-speed  electric  personal
    13  assistive mobility device safety program established pursuant to section
    14  four hundred fourteen-a of the vehicle and traffic law. No more than ten
    15  percent  of  the annual receipts of the fund may be used for administra-
    16  tive and personnel costs of  the  department  needed  to  implement  and
    17  administer  the  program. Remaining moneys of the fund shall be used for
    18  the administrative and operating expenses  of  the  high-speed  electric
    19  personal assistive mobility device rider training coordinating organiza-
    20  tion designated under section four hundred fourteen-a of the vehicle and
    21  traffic law.
    22    3.  The  moneys of the fund shall be paid out on the audit and warrant
    23  of the comptroller on vouchers certified or approved by the commissioner
    24  of motor vehicles, including advances of funds pursuant to a contract to
    25  a high-speed electric personal assistive mobility device rider  training
    26  coordinating  organization. At the end of each year any moneys remaining
    27  in the fund shall be retained in the fund and shall not  revert  to  the
    28  general fund. The interest and income earned on money in the fund, after
    29  deducting any applicable charges, shall be credited to the fund.
    30    § 11. Paragraph (a) of subdivision 2 of section 501 of the vehicle and
    31  traffic  law  is  amended  by  adding a new subparagraph (ix) to read as
    32  follows:
    33    (ix) Class E1. Such license shall be valid to operate  any  high-speed
    34  electric  personal  assistive mobility device, as defined in section one
    35  hundred fourteen-f of this chapter.
    36    § 12. Paragraph (b) of subdivision 2 of section 502 of the vehicle and
    37  traffic law, as amended by chapter 618 of the laws of 2021,  is  amended
    38  to read as follows:
    39    (b)  Except as provided in paragraph (a) of this subdivision an appli-
    40  cant for a class A, B, C [or], E or E1 license shall be at  least  eigh-
    41  teen years of age.
    42    § 13. Paragraph (b) of subdivision 2 of section 502 of the vehicle and
    43  traffic  law,  as amended by chapter 520 of the laws of 1991, is amended
    44  to read as follows:
    45    (b) Except as provided in paragraph (a) of this subdivision an  appli-
    46  cant  for  a class B, C [or], E or E1 license shall be at least eighteen
    47  years of age.
    48    § 14. Subparagraph (i) of paragraph (a) and paragraphs (b), (c-3)  and
    49  (d)  of  subdivision  4  of  section 502 of the vehicle and traffic law,
    50  subparagraph (i) of paragraph (a) and paragraph (b) as amended by  chap-
    51  ter  379 of the laws of 2022, paragraph (c-3) as added by chapter 355 of
    52  the laws of 2017 and paragraph (d) as amended by chapter 477 of the laws
    53  of 2024, are amended to read as follows:
    54    (i) Upon submission of an application  for  a  driver's  license,  the
    55  applicant  shall be required to take and pass a test, or submit evidence
    56  of passage of a test, with respect to the laws relating to traffic,  the

        A. 5446                             9

     1  laws  relating to driving while ability is impaired and while intoxicat-
     2  ed, under the overpowering influence of "Road Rage", "Work Zone  Safety"
     3  awareness, "Motorcycle and High-Speed Electric Personal Assistive Mobil-
     4  ity  Device  Safety"  awareness  and  "Pedestrian  and Bicyclist Safety"
     5  awareness as defined by the commissioner, "School Bus Safety" awareness,
     6  the law relating to exercising  due  care  to  avoid  colliding  with  a
     7  parked, stopped or standing authorized emergency vehicle or hazard vehi-
     8  cle pursuant to section eleven hundred forty-four-a of this chapter, the
     9  ability  to read and comprehend traffic signs and symbols and such other
    10  matters  as  the  commissioner  may  prescribe,  and  to  satisfactorily
    11  complete  a  course prescribed by the commissioner of not less than four
    12  hours and not more than  five  hours,  consisting  of  classroom  driver
    13  training  and highway safety instruction or the equivalent thereof. Such
    14  test shall include at  least  seven  written  questions  concerning  the
    15  effects of consumption of alcohol or drugs on the ability of a person to
    16  operate a motor vehicle and the legal and financial consequences result-
    17  ing  from  violations of section eleven hundred ninety-two of this chap-
    18  ter, prohibiting the operation of a motor vehicle while under the influ-
    19  ence of alcohol or drugs. Such test shall include one  or  more  written
    20  questions concerning the devastating effects of "Road Rage" on the abil-
    21  ity  of  a person to operate a motor vehicle and the legal and financial
    22  consequences resulting from assaulting, threatening or interfering  with
    23  the  lawful  conduct  of  another person legally using the roadway. Such
    24  test shall include  one  or  more  questions  concerning  the  potential
    25  dangers  to persons and equipment resulting from the unsafe operation of
    26  a motor vehicle in a work zone.  Such test may include one or more ques-
    27  tions concerning motorcycle safety. Such test may include  one  or  more
    28  questions  concerning the law for exercising due care to avoid colliding
    29  with a parked, stopped or standing vehicle pursuant  to  section  eleven
    30  hundred  forty-four-a of this chapter. Such test may include one or more
    31  questions concerning school bus safety. Such test  may  include  one  or
    32  more  questions  concerning  pedestrian  and bicyclist safety. Such test
    33  shall be administered by the commissioner. The commissioner shall  cause
    34  the applicant to take a vision test and a test for color blindness. Upon
    35  passage  of  the  vision  test,  the application may be accepted and the
    36  application fee shall be payable.
    37    (b) Upon successful completion of the requirements set forth in  para-
    38  graph  (a)  of  this subdivision which shall include an alcohol and drug
    39  education component as described in paragraph (c) of this subdivision, a
    40  "Road Rage" awareness component as described in paragraph (c-1) of  this
    41  subdivision,  a  "Work  Zone Safety" awareness component as described in
    42  paragraph (c-2) of this subdivision, a "Motorcycle and High-Speed  Elec-
    43  tric  Personal  Assistive Mobility Device Safety" awareness component as
    44  described in paragraph (c-3) of this subdivision, a "School Bus  Safety"
    45  awareness component as described in paragraph (c-4) of this subdivision,
    46  and a "Pedestrian and Bicyclist Safety" awareness component as described
    47  in paragraph (c-5) of this subdivision, the commissioner shall cause the
    48  applicant  to  take  a  road  test in a representative vehicle of a type
    49  prescribed by the commissioner which shall be appropriate to the type of
    50  license for which application is made, except that the commissioner  may
    51  waive  the  road  test  requirements  for certain classes of applicants.
    52  Provided, however, that the  term  "representative  vehicle"  shall  not
    53  include  a  three-wheeled  motor vehicle that has two wheels situated in
    54  the front and one wheel in the rear, has a steering mechanism and  seat-
    55  ing  which  does not require the operator to straddle or sit astride, is
    56  equipped with safety belts for all  occupants  and  is  manufactured  to

        A. 5446                            10
 
     1  comply  with  federal  motor  vehicle  safety  standards for motorcycles
     2  including, but not limited to, 49  C.F.R.  part  571.  The  commissioner
     3  shall  have the power to establish a program to allow persons other than
     4  employees  of  the  department  to  conduct road tests in representative
     5  vehicles when such tests are required for applicants to obtain  a  class
     6  A, B or C license. If [she] the commissioner chooses to do so, [she] the
     7  commissioner shall set forth [her] the commissioner's reasons in writing
     8  and conduct a public hearing on the matter. [She] The commissioner shall
     9  only establish such a program after holding the public hearing.
    10    (c-3)  "Motorcycle and High-Speed Electric Personal Assistive Mobility
    11  Device Safety" awareness component. The commissioner  shall  provide  in
    12  the  pre-licensing  course,  set forth in paragraph (b) of this subdivi-
    13  sion, a mandatory  component  in  "Motorcycle  and  High-Speed  Electric
    14  Personal  Assistive  Mobility  Device  Safety"  awareness education as a
    15  prerequisite for obtaining a license to operate  a  motor  vehicle.  The
    16  purpose  of  the  component  is  to educate prospective licensees on the
    17  potential dangers to persons operating motorcycles and high-speed  elec-
    18  tric assistive mobility devices on  the roadway.
    19    (d)  (i)  The  commissioner shall make available for distribution upon
    20  registration at each location where the  pre-licensing  course  will  be
    21  given  (1)  instructional  handbooks outlining the content of the entire
    22  curriculum  of  the  pre-licensing  course  including  the   information
    23  required to be included in the course pursuant to paragraphs (c), (c-1),
    24  (c-2),  (c-3),  (c-4) and (c-5) of this subdivision, and (2) information
    25  as to how a person may register in the New York state organ  and  tissue
    26  donor  registry  under  section  forty-three  hundred  ten of the public
    27  health law.
    28    (ii) The commissioner shall also provide for the  additional  training
    29  of  the instructors necessary for the competent instruction of the alco-
    30  hol and drug education, "Road Rage" awareness, "Work Zone Safety" aware-
    31  ness, "Motorcycle and High-Speed Electric  Personal  Assistive  Mobility
    32  Device  Safety" awareness, "School Bus Safety" awareness and "Pedestrian
    33  and Bicyclist Safety" awareness subject  matters  of  the  pre-licensing
    34  course.
    35    §  15. Subparagraph (ii) of paragraph (b), subparagraph (iii) of para-
    36  graph (c) and paragraph (c-1) of subdivision 2 of  section  503  of  the
    37  vehicle and traffic law, subparagraph (ii) of paragraph (b) and subpara-
    38  graph  (iii) of paragraph (c) as amended by section 1 of part F of chap-
    39  ter 59 of the laws of 2009 and paragraph (c-1) as amended by  section  3
    40  of  part  UU  of  chapter 59 of the laws of 2018, are amended to read as
    41  follows:
    42    (ii) Upon passage of the knowledge test required to obtain a learner's
    43  permit, the applicant for a class C license which does not have an H,  P
    44  or  X  endorsement  or  a  class  E license shall be required to pay six
    45  dollars and twenty-five cents for each six months or portion thereof  of
    46  the  period of validity of a learner's permit or license which is or may
    47  be issued, and an applicant for a class D, DJ, E1, M or MJ license shall
    48  be required to pay three dollars and  twenty-five  cents  for  each  six
    49  months  or  portion  thereof  of  the  period of validity of a learner's
    50  permit or license which is or may be issued. No additional fee shall  be
    51  required  of  any such applicant to take up to two road tests. Such road
    52  test must be passed before a license will be issued.
    53    (iii) For a class D, DJ, E1, M or MJ license, three dollars and  twen-
    54  ty-five cents, for each six months or portion thereof.
    55    (c-1) In addition to the fees established in paragraphs (b) and (c) of
    56  this  subdivision,  a  fee of fifty cents for each six months or portion

        A. 5446                            11
 
     1  thereof of the period of validity shall be paid upon the issuance of any
     2  permit, license or renewal of a license which is valid for the operation
     3  of a motorcycle, except a limited use motorcycle, or a high-speed  elec-
     4  tric personal assistive mobility device.
     5    §  16.  Subdivisions 2 and 4 of section 506 of the vehicle and traffic
     6  law, as added by chapter 780 of the laws of 1972, are amended to read as
     7  follows:
     8    2. The commissioner may require every person holding a license  issued
     9  pursuant  to  this  article to submit to such an examination as shall be
    10  determined by [him] the commissioner to be appropriate  if  such  person
    11  has  been  involved  in  three  accidents while driving a motor vehicle,
    12  high-speed electric personal assistive mobility  device,  or  motorcycle
    13  within  a  period of eighteen months, if such accidents were required to
    14  be reported by section six hundred five of this chapter.
    15    4. Any person holding a license issued pursuant to  this  chapter  who
    16  suffers  permanent loss of use of one or both hands or arms or of one or
    17  both feet or legs, or one eye shall, before operating any motor vehicle,
    18  high-speed electric personal assistive mobility  device,  or  motorcycle
    19  make  report thereof to the commissioner, who shall take such reasonable
    20  action as may be proper under the provisions of this section.
    21    § 17. Subdivision (c) of section 605 of the vehicle and  traffic  law,
    22  as  amended  by  chapter  196 of the laws of 2024, is amended to read as
    23  follows:
    24    (c) The report required by this section shall be made in such form and
    25  number as the commissioner may  prescribe.  Such  report  shall  include
    26  information  on  the  width and length of trucks, tractors, trailers and
    27  semitrailers, which are in excess of  ninety-five  inches  in  width  or
    28  thirty-four  feet  in  length  and which are involved in such accidents,
    29  whether such accident took place in a work area and whether it was being
    30  operated with an overweight or over dimension permit. Such report  shall
    31  distinctly indicate and include information as to whether the inflatable
    32  restraint system inflated and deployed. Such report shall include infor-
    33  mation  on  the  type or types of vehicles involved, including passenger
    34  motor vehicles, commercial  motor  vehicles,  motorcycles,  limited  use
    35  motorcycles,   off-highway  motorcycles,  high-speed  electric  personal
    36  assistive mobility devices, electric scooters,  bicycles  with  electric
    37  assist, and/or bicycles.
    38    § 18. Section 1604 of the vehicle and traffic law, as amended by chap-
    39  ter 247 of the laws of 1991, is amended to read as follows:
    40    § 1604. Local  ordinances  prohibited. Except as otherwise provided in
    41  this chapter, local authorities shall have no power to pass, enforce  or
    42  maintain any ordinance, rule or regulation requiring from any owner of a
    43  motor  vehicle,  high-speed electric personal assistive mobility device,
    44  or motorcycle, or from any operator or chauffeur to whom this chapter is
    45  applicable, any tax, fee, license or permit for the use  of  the  public
    46  highways,  or  excluding  any such owner, operator or chauffeur from the
    47  free use of such public highways, excepting such driveway,  speedway  or
    48  road  as has been or may be expressly set apart by law for the exclusive
    49  use of horses and light carriages, or in any other way restricting motor
    50  vehicles, high-speed electric personal assistive  mobility  devices,  or
    51  motorcycles  or  their  speed  upon  or  use  of the public highways; or
    52  setting aside for any given time a specified public highway or any  part
    53  thereof  constructed in whole or in part at the expense of the state for
    54  exhibitions, shows, exercises, entertainments or meetings; and no  ordi-
    55  nance,  rule  or regulation contrary to or in any wise inconsistent with

        A. 5446                            12
 
     1  the provisions of this chapter, now in force or hereafter enacted  shall
     2  have any effect.
     3    Provided,  however,  that  the  power  given  to  local authorities to
     4  license and regulate vehicles offered to the public for hire, and  proc-
     5  essions, assemblages or parades in the streets or public places, and all
     6  ordinances,  rules  and  regulations which may have been or which may be
     7  enacted in pursuance of such powers  shall  remain  in  full  force  and
     8  effect.
     9    §  19. Subdivision 1 of section 806-a of the education law, as amended
    10  by chapter 644 of the laws of 2002, is amended to read as follows:
    11    1. Notwithstanding any other provision of law,  all  school  districts
    12  providing instruction in driver education shall include in such instruc-
    13  tion:  (a)  a driver safety component with an emphasis on the effects of
    14  alcohol and drug use, (b) instruction in motorcycle and high-speed elec-
    15  tric personal assistive mobility device safety  awareness.  The  commis-
    16  sioner,  upon  approval  by  the  commissioner  of motor vehicles, shall
    17  establish a curriculum for the  alcohol  and  drug  education  component
    18  which  shall  include  but not be limited to: instruction describing the
    19  hazards of driving while impaired  or  intoxicated;  the  penalties  for
    20  alcohol  related  motor vehicle violations including sanctions set forth
    21  in the penal law that apply to homicides and assaults arising out of the
    22  operation of a motor vehicle while intoxicated and those  sanctions  set
    23  forth  in  the vehicle and traffic law relating to driving while intoxi-
    24  cated; and the medical, biological  and  physiological  effects  of  the
    25  consumption  of  alcohol  and  their  impact on the operation of a motor
    26  vehicle.
    27    § 20. Subdivisions 1, 2, 3, 5, 7 and 8 of section 420 of  the  vehicle
    28  and  traffic  law, subdivisions 1 and 5 as amended by chapter 394 of the
    29  laws of 1979, subdivision 2 as amended by section 2 of part G of chapter
    30  59 of the laws of 2009, subdivision 3 as amended by chapter 402  of  the
    31  laws  of  1990,  subdivision  7 as amended by chapter 139 of the laws of
    32  1988, and subdivision 8 as amended by section 26 of part G of chapter 59
    33  of the laws of 2009, are amended to read as follows:
    34    1. Upon the transfer of ownership or the destruction of a motor  vehi-
    35  cle,  motorcycle, high-speed electric personal assistive mobility device
    36  or trailer, its registration shall expire; and the seller, or the  owner
    37  in case of destruction, shall remove the number plates from the vehicle.
    38  For  purposes  of this section, a high-speed electric personal assistive
    39  mobility device shall be considered a "vehicle" and such decals required
    40  to be affixed to  them  shall  be  considered  "plates"  except  when  a
    41  provision containing the terms "vehicle" or "plate" relates to a dealer.
    42    2. Such seller or owner may, however, register another vehicle and use
    43  said  number plates thereon, if appropriate, upon making application for
    44  such registration, paying a transfer fee of ten dollars, and paying  the
    45  proportional  excess,  if  any,  of  the  annual fee for registering the
    46  second vehicle over the annual fee for registering the first vehicle for
    47  each day or fraction thereof  constituting  the  unexpired  registration
    48  period.  If  the  number plates of the first vehicle are not appropriate
    49  for the second vehicle, the commissioner or [his or her] the commission-
    50  er's agent shall, upon the surrender  of  such  number  plates,  furnish
    51  appropriate number plates.
    52    3.  Provided, however, that upon the death of an owner of a registered
    53  motor vehicle, motorcycle, high-speed electric personal assistive mobil-
    54  ity device or trailer, its registration shall,  unless  the  vehicle  is
    55  destroyed,  be deemed to continue in force as a valid registration until
    56  the end of the year or until the ownership of  such  vehicle  is  trans-

        A. 5446                            13
 
     1  ferred  by  the executor or administrator of the estate of such owner or
     2  by the distributees of [his] such owner's personal  property,  whichever
     3  occurs  first. If the ownership of such vehicle is transferred as exempt
     4  property  under  section  5-3.1 of the estates, powers and trusts law to
     5  the surviving spouse of the owner, the fee for the initial  registration
     6  issued  to  such surviving spouse shall be the fee for such registration
     7  reduced by the amount of the fee remaining for the unexpired term of the
     8  registration issued to the deceased.
     9    5. Provided, further, that a holder  of  manufacturers'  and  dealers'
    10  registration having a motor vehicle, motorcycle or trailer registered in
    11  [his  or  its]  such  holder's name under the provisions of this chapter
    12  may, if such vehicle is placed in stock for sale, also remove the number
    13  plates and be entitled to the same privileges as though the vehicle  had
    14  been sold or destroyed.
    15    7.  Where a dealer having registration under the provisions of section
    16  four hundred fifteen of this chapter sells or  trades  a  vehicle  to  a
    17  person  who  has  another vehicle duly registered under this chapter, or
    18  who had another vehicle previously so registered, and  the  registration
    19  of  such vehicle is eligible for transfer to the purchased vehicle under
    20  the provisions of this section and the number plates of the first  vehi-
    21  cle  are  appropriate,  such  dealer  may issue on any date on which the
    22  registration of a motor vehicle may be used a temporary  certificate  of
    23  registration of the second vehicle under which such vehicle may be oper-
    24  ated  as  a duly registered vehicle for a period of thirty days from the
    25  date of issuance, other  provisions  of  this  chapter  notwithstanding.
    26  Such  temporary  certificate  of  registration  may  be  extended by the
    27  commissioner for an additional thirty days,  except  that  in  no  event
    28  shall  any such temporary certificate of registration be valid after the
    29  expiration date of the registration for the first vehicle. Such  certif-
    30  icate  shall  be  issued  upon  a form furnished by the commissioner and
    31  shall be  executed  in  such  manner  as  [he]  the  commissioner  shall
    32  prescribe.
    33    8.  The  owner  of  a registered motor vehicle, motorcycle, high-speed
    34  electric personal assistive mobility device or trailer may transfer  the
    35  registration  and,  if appropriate, the number plates thereof to another
    36  vehicle owned by [him or her] such owner  upon  making  application  for
    37  such  transfer,  paying  a  transfer  fee of ten dollars, and paying the
    38  proportionate excess, if any, of the  annual  fee  for  registering  the
    39  second vehicle over the annual fee for registering the first vehicle for
    40  each  day  or  fraction  thereof constituting the unexpired registration
    41  period, provided, however, that the registration and number  plates  for
    42  the  second  vehicle,  if  such vehicle is registered in this state, are
    43  either surrendered to the commissioner or transferred to another vehicle
    44  as provided herein. If the number plates of the first  vehicle  are  not
    45  appropriate for the second vehicle, the commissioner or [his or her] the
    46  commissioner's  agent  shall,  upon the surrender of such number plates,
    47  furnish appropriate number plates. Whenever a total fee for  reregistra-
    48  tion prescribed in this section shall amount to a fee other than a whole
    49  dollar amount, the fee required to be paid shall be rounded to the near-
    50  est twenty-five cents.
    51    § 21. This act shall take effect one year after it shall have become a
    52  law;  provided, however that the amendments to paragraph (b) of subdivi-
    53  sion 2 of section 502 of the vehicle and traffic  law  made  by  section
    54  twelve  of this act shall be subject to the repeal and reversion of such
    55  paragraph pursuant to section 4 of chapter 618 of the laws of  2021,  as
    56  amended,  when upon such date the provisions of section thirteen of this

        A. 5446                            14
 
     1  act shall take effect; provided, further, that if section 1  of  chapter
     2  477  of  the  laws  of  2024 has not taken effect than the amendments to
     3  paragraph (d) of subdivision 4 of section 502 of the vehicle and traffic
     4  law,  made by section fourteen of this act shall take effect on the same
     5  date and in the same manner as section 1 of chapter 477 of the  laws  of
     6  2024,  takes effect; and provided, further, that if section 4 of chapter
     7  196 of the laws of 2024 has not taken  effect  than  the  amendments  to
     8  subdivision  (c)  of  section 605 of the vehicle and traffic law made by
     9  section seventeen of this act shall take effect on the same date and  in
    10  the  same  manner as section 4 of chapter 196 of the laws of 2024, takes
    11  effect.
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