NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8704
SPONSOR: Lupardo TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the opera-
tion of a three-wheeled vehicle
PURPOSE OR GENERAL IDEA OF BILL:
To clarify provisions of Chapter 682 of the Laws of 2021 relating to
three-wheeled vehicles known as "autocycles."
SUMMARY OF SPECIFIC PROVISIONS:
Chapter 682 of the Laws of 2021 authorized the operation of certain
three-wheeled motor vehicles, configured as required by Chapter 682,
with either a class D driver's license or a class M motorcycle license.
This bill modifies one of the configurations by changing steering wheel
to steering mechanism.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not applicable.
JUSTIFICATION:
This bill provides necessary clarification of Chapter 682 of the Laws of
2021 to ensure its effective implementation.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2021, amending the vehicle and traffic law relat-
ing to the operation of a three-wheeled vehicle, as proposed in legisla-
tive bills numbers A.7192-A and S.6335-A, takes effect.
STATE OF NEW YORK
________________________________________________________________________
8704
IN ASSEMBLY
January 10, 2022
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the opera-
tion of a three-wheeled vehicle
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (iv) and (vii) of paragraph (a) of subdivi-
2 sion 2 of section 501 of the vehicle and traffic law, as amended by a
3 chapter of the laws of 2021, amending the vehicle and traffic law relat-
4 ing to the operation of a three-wheeled vehicle, as proposed in legisla-
5 tive bills numbers A. 7192-A and S. 6335-A, are amended to read as
6 follows:
7 (iv) Class D. Such license shall be valid to operate any passenger or
8 limited use automobile or any truck with a GVWR of not more than twen-
9 ty-six thousand pounds or any such vehicle towing a vehicle with a GVWR
10 of not more than ten thousand pounds, or any such vehicle towing another
11 vehicle with a GVWR of more than ten thousand pounds provided such
12 combination of vehicles has a GCWR of not more than twenty-six thousand
13 pounds, or any personal use vehicle with a GVWR of not more than twen-
14 ty-six thousand pounds or any such vehicle towing a vehicle with a GVWR
15 of not more than ten thousand pounds, except it shall not be valid to
16 operate a tractor, a motorcycle other than a class B or C limited use
17 motorcycle, a vehicle used to transport passengers for hire or for which
18 a hazardous materials endorsement is required, or a vehicle defined as a
19 bus in subdivision one of section five hundred nine-a of this title.
20 Such license also shall be valid to operate a three-wheeled motor vehi-
21 cle that has two wheels situated in the front and one wheel in the rear,
22 has a steering [wheel] mechanism and seating which does not require the
23 operator to straddle or sit astride, is equipped with safety belts for
24 all occupants and is manufactured to comply with federal motor vehicle
25 safety standards for motorcycles including, but not limited to, 49
26 C.F.R. part 571.
27 (vii) Class M. Such license shall be valid to operate any motorcycle,
28 or any motorcycle, other than a limited use motorcycle, towing a trail-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11043-04-2
A. 8704 2
1 er. Such license also shall be valid to operate a three-wheeled motor
2 vehicle that has two wheels situated in the front and one wheel in the
3 rear, has a steering [wheel] mechanism and seating which does not
4 require the operator to straddle or sit astride, is equipped with safety
5 belts for all occupants and is manufactured to comply with federal motor
6 vehicle safety standards for motorcycles including, but not limited to,
7 49 C.F.R. part 571.
8 § 2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and
9 traffic law, as amended by a chapter of the laws of 2021, amending the
10 vehicle and traffic law relating to the operation of a three-wheeled
11 vehicle, as proposed in legislative bills numbers A. 7192-A and S.
12 6335-A, is amended to read as follows:
13 (b) Upon successful completion of the requirements set forth in para-
14 graph (a) of this subdivision which shall include an alcohol and drug
15 education component as described in paragraph (c) of this subdivision, a
16 "Road Rage" awareness component as described in paragraph (c-1) of this
17 subdivision and a "Work Zone Safety" awareness component as described in
18 paragraph (c-2) of this subdivision, a "Motorcycle Safety" awareness
19 component as described in paragraph (c-3) of this subdivision, and a
20 "School Bus Safety" awareness component as described in paragraph (c-4)
21 of this subdivision the commissioner shall cause the applicant to take a
22 road test in a representative vehicle of a type prescribed by the
23 commissioner which shall be appropriate to the type of license for which
24 application is made, except that the commissioner may waive the road
25 test requirements for certain classes of applicants. Provided, however,
26 that the term "representative vehicle" shall not include a three-wheeled
27 motor vehicle that has two wheels situated in the front and one wheel in
28 the rear, has a steering [wheel] mechanism and seating which does not
29 require the operator to straddle or sit astride, is equipped with safety
30 belts for all occupants and is manufactured to comply with federal motor
31 vehicle safety standards for motorcycles including, but not limited to,
32 49 C.F.R. part 571. The commissioner shall have the power to establish a
33 program to allow persons other than employees of the department to
34 conduct road tests in representative vehicles when such tests are
35 required for applicants to obtain a class A, B or C license. If she
36 chooses to do so, she shall set forth her reasons in writing and conduct
37 a public hearing on the matter. She shall only establish such a program
38 after holding the public hearing.
39 § 3. This act shall take effect on the same date and in the same
40 manner as a chapter of the laws of 2021, amending the vehicle and traf-
41 fic law relating to the operation of a three-wheeled vehicle, as
42 proposed in legislative bills numbers A. 7192-A and S. 6335-A, takes
43 effect.
