A07982 Summary:

BILL NOA07982B
 
SAME ASNo Same As
 
SPONSORDe Los Santos
 
COSPNSRSeawright
 
MLTSPNSR
 
Add Art 34-E §§1290 & 1291, amd §2265, V & T L; amd §5103, Ins L
 
Requires license plates and liability insurance for limited use motorcycles.
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A07982 Actions:

BILL NOA07982B
 
08/18/2023referred to transportation
12/08/2023amend and recommit to transportation
12/08/2023print number 7982a
01/03/2024referred to transportation
06/03/2024amend (t) and recommit to transportation
06/03/2024print number 7982b
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A07982 Committee Votes:

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A07982 Floor Votes:

There are no votes for this bill in this legislative session.
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A07982 Text:



 
                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.
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