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A08704 Summary:

BILL NOA08704
 
SAME ASSAME AS S07849
 
SPONSORLupardo
 
COSPNSR
 
MLTSPNSR
 
Amd 501 & 502, V & T L (as proposed in S.6335-A & A.7192-A)
 
Relates to operation of a three-wheeled vehicle; changes certain references to the term "wheel" to "mechanism".
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A08704 Actions:

BILL NOA08704
 
01/10/2022referred to transportation
01/19/2022reported referred to rules
01/19/2022reported
01/19/2022rules report cal.10
01/19/2022ordered to third reading rules cal.10
01/19/2022passed assembly
01/19/2022delivered to senate
01/19/2022REFERRED TO RULES
02/09/2022SUBSTITUTED FOR S7849
02/09/20223RD READING CAL.205
02/09/2022PASSED SENATE
02/09/2022RETURNED TO ASSEMBLY
02/24/2022delivered to governor
02/24/2022signed chap.25
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A08704 Memo:

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.
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A08704 Text:



 
                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.
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