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S09054 Summary:

BILL NOS09054A
 
SAME ASSAME AS A09568
 
SPONSORCOMRIE
 
COSPNSR
 
MLTSPNSR
 
Add Art 34-E §§1290 & 1291, V & T L
 
Requires electric scooter service platforms to maintain liability insurance and provide proof of insurance.
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S09054 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9054--A
 
                    IN SENATE
 
                                    January 28, 2026
                                       ___________
 
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee
 
        AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
          electric scooter service platforms to maintain insurance coverage

          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                 ELECTRIC SCOOTER SERVICE PLATFORM INSURANCE
     5  Section 1290. Definitions.
     6          1291. Liability insurance.
     7    §  1290.  Definitions. For the purposes of this article, the following
     8  terms shall have the following meanings:
     9    1. "Digital network" means any electronic system or service offered or
    10  utilized by an electric scooter service platform that through the use of
    11  an app accessed through a phone, tablet, computer, or a  digital  token,
    12  digital key, or substantially similar technology, enables the unlocking,
    13  access, operation, docking, charging, and payment for use of a scooter.
    14    2.  "Electric  scooter  service platform" means a person, corporation,
    15  partnership, sole proprietorship, or other entity operating in New  York
    16  state that owns, leases, or controls more than two electric scooters and
    17  provides  them  for  use by the public, where access to and operation of
    18  such scooters is through using a digital network.
    19    3. "Trip" means the lawful operation of an electric scooter  owned  or
    20  controlled  by  an  electric  scooter  service  platform,  subsequent to
    21  accessing such electric scooter through a digital network.
    22    § 1291. Liability insurance. 1. No electric  scooter,  as  defined  in
    23  section  one hundred fourteen-e of this chapter shall be offered for use
    24  through an electric scooter service platform unless it is covered  by  a
    25  policy  of  insurance,  in such language and form as shall be determined
    26  and established by the superintendent of financial services. An electric
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14018-04-6

        S. 9054--A                          2
 
     1  scooter service platform, through a group policy, shall maintain  insur-
     2  ance  that  provides financial responsibility coverage upon the operator
     3  accessing a scooter through a digital network and throughout  the  dura-
     4  tion of the operator's trip.
     5    2.  Such policy shall offer coverage of no less than twenty-five thou-
     6  sand dollars per occurrence in the event of  an  accident  involving  an
     7  app-based electric scooter service platform vehicle. Such coverage shall
     8  be  primary  over any other coverage. It may be provided individually or
     9  on a group basis by an authorized insurance company or  through  a  duly
    10  licensed excess line broker.
    11    3.  Such  policy  shall  provide  for  coverage  against loss from the
    12  liability imposed by law for medical payments because of  bodily  injury
    13  to  or  death  of  any  person; and injury to or destruction of property
    14  arising out of the ownership, maintenance, use, or operation of an elec-
    15  tric scooter owned or controlled by an electric scooter service platform
    16  while the operator has accessed an electric scooter  through  a  digital
    17  network  and throughout the duration of the operator's trip. Such policy
    18  shall not provide personal injury protection pursuant to article  fifty-
    19  one of the insurance law.
    20    4.  Proof  of  insurance as required by this section shall be produced
    21  and displayed by an electric scooter service platform upon  the  request
    22  of  any  person having authority to enforce the provisions of this chap-
    23  ter. The failure to produce such proof upon  the  request  of  any  such
    24  person  shall  not  be an offense but shall be presumptive evidence that
    25  such electric scooter is being operated without having such insurance in
    26  force and effect.
    27    5. Proof of insurance as required by this section  shall  be  produced
    28  and  displayed  by the owner or operator of such electric scooter to any
    29  person who has suffered or claims to  have  suffered  either  injury  or
    30  property  damage  as a result of the operation of such electric scooter,
    31  if such insurance coverage was required under the circumstances of  such
    32  operation.  It  shall be an affirmative defense to any prosecution for a
    33  violation of this  subdivision  that  such  proof  was  so  produced  or
    34  displayed within twenty-four hours of receiving notice of such injury or
    35  damage, or the claim of such injury or damage.
    36    § 2. This act shall take effect on the one hundred eightieth day after
    37  it  shall have become a law. Effective immediately, the addition, amend-
    38  ment and/or repeal of any rule or regulation necessary for the implemen-
    39  tation of this act on its effective date are authorized to be  made  and
    40  completed on or before such effective date.
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