STATE OF NEW YORK
________________________________________________________________________
7982--B
2023-2024 Regular Sessions
IN ASSEMBLY
August 18, 2023
___________
Introduced by M. of A. DE LOS SANTOS, SEAWRIGHT -- read once and
referred to the Committee on Transportation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- recommitted to the Committee on Transportation in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the vehicle and traffic law, in relation to requiring
license plates and liability insurance for limited use motorcycles and
to amend the insurance law, in relation to requiring liability insur-
ance for Class C limited use motorcycles
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 34-E to read as follows:
3 ARTICLE 34-E
4 REGISTRATION AND OPERATION OF LIMITED
5 USE MOTORCYCLES
6 Section 1290. Registration of limited use motorcycles.
7 1291. Liability insurance.
8 § 1290. Registration of limited use motorcycles. Every Class C limited
9 use motorcycle as defined in section one hundred twenty-one-b of this
10 chapter shall be registered by the department. No person shall operate a
11 Class C limited use motorcycle on the public highways unless such Class
12 C limited use motorcycle shall have a distinctive number assigned to it
13 by the commissioner and a number plate issued by the commissioner with a
14 number corresponding to that of the certificate of registration.
15 § 1291. Liability insurance. 1. Every Class C limited use motorcycle
16 as defined in section one hundred twenty-one-b of this chapter that is
17 operated on public roads or on property other than on lands of the owner
18 of the limited use motorcycle shall be covered by a policy of insurance,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11968-03-4
A. 7982--B 2
1 in such language and form as shall be determined and established by the
2 superintendent of financial services, issued by an insurance carrier
3 authorized to do business in this state. Such policy shall provide for
4 coverages required of an "owner's policy of liability insurance" as set
5 forth in paragraph (a) of subdivision four of section three hundred
6 eleven of this chapter. In lieu of such insurance coverage as hereina-
7 bove provided, the commissioner, in their discretion and upon applica-
8 tion of a governmental agency having registered in its name one or more
9 Class C limited use motorcycles, may waive the requirement of insurance
10 by a private insurance carrier and issue a certificate of self-insu-
11 rance, when they are satisfied that such governmental agency is
12 possessed of financial ability to respond to judgments obtained against
13 it, arising out of the ownership, use or operation of such Class C
14 limited use motorcycles. The commissioner may also waive the requirement
15 of insurance by a private insurance carrier and issue a certificate of
16 self-insurance upon application of any person or any other corporation,
17 having registered in its name, one or more Class C limited use motorcy-
18 cles and furnishing of proof that a certificate of self-insurance has
19 been issued and is in effect pursuant to the provisions of section three
20 hundred sixteen of this chapter.
21 2. Proof of insurance as required by this section shall be produced
22 and displayed by the owner or operator of such Class C limited use
23 motorcycle upon the request of any magistrate or any person having
24 authority to enforce the provisions of this chapter. The failure to
25 produce such proof upon the request of any such person shall not be an
26 offense but shall be presumptive evidence that such Class C limited use
27 motorcycle is being operated without having such insurance in force and
28 effect.
29 3. Proof of insurance as required by this section shall be produced
30 and displayed by the owner or operator of such Class C limited use
31 motorcycle to any person who has suffered or claims to have suffered
32 either personal injury or property damage as a result of the operation
33 of such Class C limited use motorcycle by the owner or operator, if such
34 insurance coverage was required under the circumstances of such opera-
35 tion. It shall be an affirmative defense to any prosecution for a
36 violation of this subdivision that such proof was so produced or
37 displayed within twenty-four hours of receiving notice of such injury or
38 damage, or the claim of such injury or damage.
39 4. No owner of a Class C limited use motorcycle shall operate or
40 permit the same to be operated anywhere in this state other than on
41 lands of the owner of the Class C limited use motorcycle without having
42 in full force and effect the liability insurance coverage required by
43 this section, and no person shall operate a Class C limited use motorcy-
44 cle anywhere in this state other than on lands of the owner of the Class
45 C limited use motorcycle with the knowledge that such insurance is not
46 in full force and effect.
47 § 2. Subsection (f) of section 5103 of the insurance law, as amended
48 by chapter 402 of the laws of 1986, is amended to read as follows:
49 (f) Every owner's policy of liability insurance issued on a
50 motorcycle, Class C limited use motorcycle or an all terrain vehicle in
51 satisfaction of the requirements of article six or eight of the vehicle
52 and traffic law, section twelve hundred ninety-one of such law, or
53 section twenty-four hundred seven of such law shall also provide for;
54 every owner who maintains another form of financial security on a motor-
55 cycle, Class C limited use motorcycle or an all terrain vehicle in
56 satisfaction of the requirements of such articles or [section] sections
A. 7982--B 3
1 shall be liable for; and every owner of a motorcycle, Class C limited
2 use motorcycle or an all terrain vehicle required to be subject to the
3 provisions of this article by subdivision two of section three hundred
4 twenty-one of such law shall be liable for; the payment of first party
5 benefits to persons, other than the occupants of such motorcycle, Class
6 C limited use motorcycle or all terrain vehicle, another motorcycle,
7 Class C limited use motorcycle or all terrain vehicle, or any motor
8 vehicle, for loss arising out of the use or operation of the motorcycle,
9 Class C limited use motorcycle or all terrain vehicle within this state.
10 Every insurer and self-insurer may exclude from the coverage required by
11 this subsection a person who intentionally causes [his] their own injury
12 or is injured while committing an act which would constitute a felony or
13 while seeking to avoid lawful apprehension or arrest by a law enforce-
14 ment officer.
15 § 3. Section 2265 of the vehicle and traffic law, as amended by chap-
16 ter 931 of the laws of 1977, is amended to read as follows:
17 § 2265. Equipment, inspection and insurance. 1. Equipment. Unless
18 otherwise prescribed by regulation of the commissioner, a limited use
19 automobile shall be subject to the equipment requirements of this chap-
20 ter which are applicable to a passenger motor vehicle. Unless otherwise
21 prescribed by regulation of the commissioner, a limited use motorcycle
22 shall be subject to the equipment requirements which are applicable to a
23 motorcycle. The operator of a limited use motorcycle shall be subject
24 to the requirements of subdivisions six and seven of section three
25 hundred eighty-one of this chapter[, except that the requirements of
26 subdivisions six and seven of section three hundred eighty-one of this
27 chapter shall not be applicable to the operator of a class C limited use
28 motorcycle]. The commissioner may, by regulation, provide for different
29 equipment requirements for different classes of limited use motorcycles.
30 As far as practicable, such regulations, if promulgated by the commis-
31 sioner, shall be consistent with federal motor vehicle safety standards
32 established for similar vehicles. No person shall operate a limited use
33 vehicle on the public highways of this state in violation of the
34 provisions of this section or regulations promulgated by the commission-
35 er thereunder.
36 2. Inspection. (a) Limited use automobiles and class A limited use
37 motorcycles shall be subject to the inspection requirements of article
38 five of this chapter. The commissioner may, by regulation, provide for
39 different inspection procedures for different types of limited use auto-
40 mobiles.
41 (b) Class B and [class C] limited use motorcycles shall be exempt from
42 any inspection requirements.
43 3. Insurance. The provisions of articles six, seven and eight of this
44 chapter shall be applicable to limited use vehicles[, except that the
45 provisions of article six of this chapter shall not apply to class C
46 limited use motorcycles].
47 § 4. This act shall take effect on the one hundred eightieth 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.
