Add Art 12-E §§399-u - 399-w, §§1244 & 1290, amd §504, V & T L
 
Establishes a bicycle and electric scooter operator's safety manual; provides for the issuance of a license for residents who successfully read and comprehend the operator's safety manual; requires residents who operate a bicycle, bicycle with electric assist or electric scooter in New York City to have a license to operate such devices.
STATE OF NEW YORK
________________________________________________________________________
1376
2023-2024 Regular Sessions
IN SENATE
January 11, 2023
___________
Introduced by Sen. FELDER -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to establishing
a bicycle and electric scooter operator's safety manual and licensing
requirement
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 12-E to read as follows:
3 ARTICLE 12-E
4 BICYCLE AND ELECTRIC SCOOTER SAFETY EDUCATION COURSE AND LICENSE
5 Section 399-u. Bicycle and electric scooter operator's safety manual.
6 399-v. License for the operation of a bicycle, bicycle with
7 electric assist and electric scooter.
8 399-w. Rules and regulations.
9 § 399-u. Bicycle and electric scooter operator's safety manual. The
10 commissioner shall develop and publish a bicycle and electric scooter
11 operator's safety manual that shall be available for distribution and
12 accessible on the department's website. The manual shall include but
13 not be limited to the following:
14 (a) an overview of traffic laws governing bicycles, bicycles with
15 electric assist and electric scooters;
16 (b) the safe operation of bicycles, bicycles with electric assist and
17 electric scooters;
18 (c) bicycle lanes as defined in section one hundred two-a of this
19 chapter; and
20 (d) obligations to comply with traffic control devices and markings
21 related to bicyclists, electric scooter operators and pedestrians.
22 § 399-v. License for the operation of a bicycle, bicycle with electric
23 assist and electric scooter. 1. Upon successful comprehension of the
24 bicycle and electric scooter operator's safety manual, a resident may
25 then make an application to receive a license for the operation of a
26 bicycle, bicycle with electric assist and electric scooter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02944-01-3
S. 1376 2
1 2. (a) An application for such license shall be made to the commis-
2 sioner and shall require an applicant to furnish proof of identity, age,
3 fitness and any other information required by the commissioner. Such
4 application may also require a photographic image of the applicant.
5 (b) A nominal fee may be prescribed by the commissioner for the issu-
6 ance, renewal and amendment of a license.
7 (c) A license shall be valid from the date of issuance until a date of
8 expiration as determined by the commissioner.
9 § 399-w. Rules and regulations. The commissioner shall promulgate such
10 rules and regulations as are necessary to effectuate the provisions of
11 this article. In addition to any requirements expressly authorized by
12 this article, such regulations may include but not be limited to vali-
13 dating that a person has read and comprehends the department's bicycle
14 and electric scooter operator's safety manual.
15 § 2. Subdivision 1 of section 504 of the vehicle and traffic law is
16 amended by adding a new paragraph (a-2) to read as follows:
17 (a-2) Every license or renewal thereof issued to an applicant who has
18 a license for the operation of a bicycle, bicycle with electric assist
19 and electric scooter and after submission of proof as set forth in this
20 paragraph shall contain a distinguishing mark, in such form as the
21 commissioner shall determine, indicating that he or she has read and
22 comprehends the bicycle and electric scooter operator's safety manual.
23 Such proof shall consist of a license for the operation of a bicycle,
24 bicycle with electric assist and electric scooter that is provided
25 pursuant to section three hundred ninety-nine-v of this chapter. The
26 commissioner shall not require fees for the issuance of such licenses or
27 renewals thereof containing a bicycle and electric scooter operator's
28 safety manual comprehension distinguishing mark which are different from
29 fees otherwise required; provided, however, that notwithstanding the
30 provisions of this section, the commissioner shall not require fees for
31 a duplication or amendment of a license prior to its renewal if such
32 duplication or amendment was solely for the purpose of adding a bicycle
33 and electric scooter operator's safety manual comprehension distinguish-
34 ing mark to such license.
35 § 3. The vehicle and traffic law is amended by adding a new section
36 1244 to read as follows:
37 § 1244. Operation of a bicycle or bicycle with electric assist is
38 prohibited without a license. No person shall operate a bicycle or bicy-
39 cle with electric assist on a public roadway in a city with a population
40 of one million or more unless the operator is a holder of a license for
41 the operation of a bicycle, bicycle with electric assist and electric
42 scooter issued to him or her pursuant to article twelve-E of this chap-
43 ter.
44 § 4. The vehicle and traffic law is amended by adding a new section
45 1290 to read as follows:
46 § 1290. Operation of an electric scooter is prohibited without a
47 license. No person shall operate an electric scooter on a public roadway
48 in a city with a population of one million or more unless the operator
49 is a holder of a license for the operation of a bicycle, bicycle with
50 electric assist and electric scooter issued to him or her pursuant to
51 article twelve-E of this chapter.
52 § 5. This act shall take effect on the one hundred twentieth day after
53 it shall have become a law. Effective immediately, the addition, amend-
54 ment and/or repeal of any rule or regulation necessary for the implemen-
55 tation of this act on its effective date are authorized to be made and
56 completed on or before such date.