Amd Art 34 Art Head, §504, add §§1244, 1245, 1290, 1246 & 1291, Art 12-E §§399-u - 399-w, V & T L; amd §5103,
Ins L
 
Relates to the regulation of bicycles with electric assist and electric scooters; requires license plates for bicycles with electric assist and electric scooters (Part A); requires liability insurance for bicycles with electric assist and electric scooters in cities having a population of one million or more (Part B); establishes a bicycle with electric assist and electric scooter operator's safety manual and licensing requirement (Part C).
STATE OF NEW YORK
________________________________________________________________________
7732
2023-2024 Regular Sessions
IN SENATE
November 1, 2023
___________
Introduced by Sen. FELDER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the vehicle and traffic law, in relation to requiring
license plates for bicycles with electric assist and electric scooters
(Part A); to amend the vehicle and traffic law and the insurance law,
in relation to requiring liability insurance for bicycles with elec-
tric assist and electric scooters in cities having a population of one
million or more (Part B); and to amend the vehicle and traffic law, in
relation to establishing a bicycle with electric assist and electric
scooter operator's safety manual and licensing requirement (Part C);
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law components of legislation relating
2 to regulating bicycles with electric assist and electric scooters. Each
3 component is wholly contained within a Part identified as Parts A
4 through C. The effective date for each particular provision contained
5 within such Part is set forth in the last section of such Part. Any
6 provision in any section contained within a Part, including the effec-
7 tive date of the Part, which makes a reference to a section "of this
8 act", when used in connection with that particular component, shall be
9 deemed to mean and refer to the corresponding section of the Part in
10 which it is found. Section three of this act sets forth the general
11 effective date of this act.
12 PART A
13 Section 1. The article heading of article 34 of the vehicle and traf-
14 fic law, as amended by chapter 694 of the laws of 1995, is amended to
15 read as follows:
16 REGISTRATION AND OPERATION OF BICYCLES AND PLAY DEVICES
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13518-01-3
S. 7732 2
1 § 2. The vehicle and traffic law is amended by adding a new section
2 1244 to read as follows:
3 § 1244. Registration of bicycles with electric assist, and electric
4 scooters. a. In a city having a population of one million or more,
5 every bicycle with electric assist as defined in section one hundred
6 two-c of this chapter and electric scooter as defined in section one
7 hundred fourteen-e of this chapter shall be registered and issued a
8 license plate by the department. In a city having a population of one
9 million or more, no person shall operate a bicycle with electric assist
10 or electric scooter on the public highways unless such bicycle with
11 electric assist or electric scooter shall have a distinctive number
12 assigned to it by the commissioner and a number plate issued by the
13 commissioner with a number corresponding to that of the certificate of
14 registration.
15 b. Such license plates shall be of such material, form, design and
16 dimensions and contain or set forth such distinguishing number or other
17 identification marks as the commissioner shall prescribe, provided,
18 however, that there shall be at all times a marked contrast between the
19 color of the number plates and that of the numerals or letters thereon,
20 and provided further that no bicycle with electric assist or electric
21 scooter shall display the number plates of more than one state at a
22 time, nor shall any plate be used other than those issued by the commis-
23 sioner.
24 c. Each such license plate shall identify whether the bicycle with
25 electric assist or electric scooter is personal or commercial in nature.
26 d. Each such license plate shall be conspicuously displayed on the
27 rear of the bicycle with electric assist or electric scooter, securely
28 fastened so as to prevent the same from swinging.
29 e. The fee for such license plates shall be a nominal fee determined
30 by the commissioner.
31 § 3. This act shall take effect immediately.
32 PART B
33 Section 1. The vehicle and traffic law is amended by adding a new
34 section 1245 to read as follows:
35 § 1245. Liability insurance. 1. A bicycle with electric assist which
36 is operated anywhere in a city having a population of one million or
37 more other than on lands of the owner of such bicycle with electric
38 assist shall be covered by a policy of insurance, in such language and
39 form as shall be determined and established by the superintendent of
40 financial services, issued by an insurance carrier authorized to do
41 business in this state. Such policy shall provide for coverages required
42 of an "owner's policy of liability insurance" as set forth in paragraph
43 (a) of subdivision four of section three hundred eleven of this chapter.
44 In lieu of such insurance coverage as hereinabove provided, the commis-
45 sioner, in his or her discretion and upon application of a governmental
46 agency having registered in its name one or more bicycles with electric
47 assist, may waive the requirement of insurance by a private insurance
48 carrier and issue a certificate of self-insurance, when he or she is
49 satisfied that such governmental agency is possessed of financial abili-
50 ty to respond to judgments obtained against it, arising out of the
51 ownership, use or operation of such bicycles with electric assist. The
52 commissioner may also waive the requirement of insurance by a private
53 insurance carrier and issue a certificate of self-insurance upon appli-
54 cation of any person or any other corporation, having registered in its
S. 7732 3
1 name, one or more bicycles with electric assist and furnishing of proof
2 that a certificate of self-insurance has been issued and is in effect
3 pursuant to the provisions of section three hundred sixteen of this
4 chapter.
5 2. Proof of insurance as required by this section shall be produced
6 and displayed by the owner or operator of such bicycle with electric
7 assist upon the request of any magistrate or any person having authority
8 to enforce the provisions of this chapter. The failure to produce such
9 proof upon the request of any such person shall not be an offense but
10 shall be presumptive evidence that such bicycle with electric assist is
11 being operated without having such insurance in force and effect.
12 3. Proof of insurance as required by this section shall be produced
13 and displayed by the owner or operator of such bicycle with electric
14 assist to any person who has suffered or claims to have suffered either
15 personal injury or property damage as a result of the operation of such
16 bicycle with electric assist by the owner or operator, if such insurance
17 coverage was required under the circumstances of such operation. It
18 shall be an affirmative defense to any prosecution for a violation of
19 this subdivision that such proof was so produced or displayed within
20 twenty-four hours of receiving notice of such injury or damage, or the
21 claim of such injury or damage.
22 4. No owner of a bicycle with electric assist shall operate or permit
23 the same to be operated anywhere in this state other than on lands of
24 the owner of the bicycle with electric assist without having in full
25 force and effect the liability insurance coverage required by this
26 section, and no person shall operate a bicycle with electric assist
27 anywhere in this state other than on lands of the owner of the bicycle
28 with electric assist with the knowledge that such insurance is not in
29 full force and effect.
30 § 2. The vehicle and traffic law is amended by adding a new section
31 1290 to read as follows:
32 § 1290. Liability insurance. 1. An electric scooter which is operated
33 anywhere in a city having a population of one million or more other than
34 on lands of the owner of such electric scooter shall be covered by a
35 policy of insurance, in such language and form as shall be determined
36 and established by the superintendent of financial services, issued by
37 an insurance carrier authorized to do business in this state. Such poli-
38 cy shall provide for coverages required of an "owner's policy of liabil-
39 ity insurance" as set forth in paragraph (a) of subdivision four of
40 section three hundred eleven of this chapter. In lieu of such insurance
41 coverage as hereinabove provided, the commissioner, in his or her
42 discretion and upon application of a governmental agency having regis-
43 tered in its name one or more electric scooters, may waive the require-
44 ment of insurance by a private insurance carrier and issue a certificate
45 of self-insurance, when he or she is satisfied that such governmental
46 agency is possessed of financial ability to respond to judgments
47 obtained against it, arising out of the ownership, use or operation of
48 such electric scooters. The commissioner may also waive the requirement
49 of insurance by a private insurance carrier and issue a certificate of
50 self-insurance upon application of any person or any other corporation,
51 having registered in its name, one or more electric scooters and
52 furnishing of proof that a certificate of self-insurance has been issued
53 and is in effect pursuant to the provisions of section three hundred
54 sixteen of this chapter.
55 2. Proof of insurance as required by this section shall be produced
56 and displayed by the owner or operator of such electric scooter upon the
S. 7732 4
1 request of any magistrate or any person having authority to enforce the
2 provisions of this chapter. The failure to produce such proof upon the
3 request of any such person shall not be an offense but shall be presump-
4 tive evidence that such electric scooter is being operated without
5 having such insurance in force and effect.
6 3. Proof of insurance as required by this section shall be produced
7 and displayed by the owner or operator of such electric scooter to any
8 person who has suffered or claims to have suffered either personal inju-
9 ry or property damage as a result of the operation of such electric
10 scooter by the owner or operator, if such insurance coverage was
11 required under the circumstances of such operation. It shall be an
12 affirmative defense to any prosecution for a violation of this subdivi-
13 sion that such proof was so produced or displayed within twenty-four
14 hours of receiving notice of such injury or damage, or the claim of such
15 injury or damage.
16 4. No owner of an electric scooter shall operate or permit the same to
17 be operated anywhere in this state other than on lands of the owner of
18 the electric scooter without having in full force and effect the liabil-
19 ity insurance coverage required by this section, and no person shall
20 operate an electric scooter anywhere in this state other than on lands
21 of the owner of the electric scooter with the knowledge that such insur-
22 ance is not in full force and effect.
23 § 3. Subsection (f) of section 5103 of the insurance law, as amended
24 by chapter 402 of the laws of 1986, is amended to read as follows:
25 (f) Every owner's policy of liability insurance issued on a
26 motorcycle, bicycle with electric assist, electric scooter or an all
27 terrain vehicle in satisfaction of the requirements of article six or
28 eight of the vehicle and traffic law, section twelve hundred forty-five
29 of such law, section twelve hundred ninety of such law, or section twen-
30 ty-four hundred seven of such law shall also provide for; every owner
31 who maintains another form of financial security on a motorcycle, bicy-
32 cle with electric assist, electric scooter or an all terrain vehicle in
33 satisfaction of the requirements of such articles or [section] sections
34 shall be liable for; and every owner of a motorcycle, bicycle with elec-
35 tric assist, electric scooter or an all terrain vehicle required to be
36 subject to the provisions of this article by subdivision two of section
37 three hundred twenty-one of such law shall be liable for; the payment of
38 first party benefits to persons, other than the occupants of such motor-
39 cycle, bicycle with electric assist, electric scooter or all terrain
40 vehicle, another motorcycle, bicycle with electric assist, electric
41 scooter or all terrain vehicle, or any motor vehicle, for loss arising
42 out of the use or operation of the motorcycle, bicycle with electric
43 assist, electric scooter or all terrain vehicle within this state. Every
44 insurer and self-insurer may exclude from the coverage required by this
45 subsection a person who intentionally causes his own injury or is
46 injured while committing an act which would constitute a felony or while
47 seeking to avoid lawful apprehension or arrest by a law enforcement
48 officer.
49 § 4. This act shall take effect on the one hundred twentieth day after
50 it shall have become a law. Effective immediately, the addition, amend-
51 ment and/or repeal of any rule or regulation necessary for the implemen-
52 tation of this act on its effective date are authorized to be made and
53 completed on or before such effective date.
54 PART C
S. 7732 5
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 WITH ELECTRIC ASSIST
5 AND ELECTRIC SCOOTER SAFETY EDUCATION COURSE AND LICENSE
6 Section 399-u. Bicycle with electric assist and electric scooter opera-
7 tor's safety manual.
8 399-v. License for the operation of a bicycle with electric
9 assist and electric scooter.
10 399-w. Rules and regulations.
11 § 399-u. Bicycle with electric assist and electric scooter operator's
12 safety manual. The commissioner shall develop and publish a bicycle
13 with electric assist and electric scooter operator's safety manual that
14 shall be available for distribution and accessible on the department's
15 website. The manual shall include but not be limited to the following:
16 (a) an overview of traffic laws governing bicycles with electric
17 assist and electric scooters;
18 (b) the safe operation of bicycles with electric assist and electric
19 scooters;
20 (c) bicycle lanes as defined in section one hundred two-a of this
21 chapter; and
22 (d) obligations to comply with traffic control devices and markings
23 related to bicyclists, electric scooter operators and pedestrians.
24 § 399-v. License for the operation of a bicycle with electric assist
25 and electric scooter. 1. Upon successful comprehension of the bicycle
26 with electric assist and electric scooter operator's safety manual, a
27 resident may then make an application to receive a license for the oper-
28 ation of a bicycle with electric assist and electric scooter.
29 2. (a) An application for such license shall be made to the commis-
30 sioner and shall require an applicant to furnish proof of identity, age,
31 fitness and any other information required by the commissioner. Such
32 application may also require a photographic image of the applicant.
33 (b) A nominal fee may be prescribed by the commissioner for the issu-
34 ance, renewal and amendment of a license.
35 (c) A license shall be valid from the date of issuance until a date of
36 expiration as determined by the commissioner.
37 § 399-w. Rules and regulations. The commissioner shall promulgate such
38 rules and regulations as are necessary to effectuate the provisions of
39 this article. In addition to any requirements expressly authorized by
40 this article, such regulations may include but not be limited to vali-
41 dating that a person has read and comprehends the department's bicycle
42 with electric assist and electric scooter operator's safety manual.
43 § 2. Subdivision 1 of section 504 of the vehicle and traffic law is
44 amended by adding a new paragraph (a-2) to read as follows:
45 (a-2) Every license or renewal thereof issued to an applicant who has
46 a license for the operation of a bicycle with electric assist and elec-
47 tric scooter and after submission of proof as set forth in this para-
48 graph shall contain a distinguishing mark, in such form as the commis-
49 sioner shall determine, indicating that he or she has read and
50 comprehends the bicycle with electric assist and electric scooter opera-
51 tor's safety manual. Such proof shall consist of a license for the
52 operation of a bicycle with electric assist and electric scooter that is
53 provided pursuant to section three hundred ninety-nine-v of this chap-
54 ter. The commissioner shall not require fees for the issuance of such
55 licenses or renewals thereof containing a bicycle with electric assist
56 and electric scooter operator's safety manual comprehension distinguish-
S. 7732 6
1 ing mark which are different from fees otherwise required; provided,
2 however, that notwithstanding the provisions of this section, the
3 commissioner shall not require fees for a duplication or amendment of a
4 license prior to its renewal if such duplication or amendment was solely
5 for the purpose of adding a bicycle with electric assist and electric
6 scooter operator's safety manual comprehension distinguishing mark to
7 such license.
8 § 3. The vehicle and traffic law is amended by adding a new section
9 1246 to read as follows:
10 § 1246. Operation of a bicycle with electric assist is prohibited
11 without a license. No person shall operate a bicycle with electric
12 assist on a public roadway in a city with a population of one million or
13 more unless the operator is a holder of a license for the operation of a
14 bicycle with electric assist and electric scooter issued to him or her
15 pursuant to article twelve-E of this chapter.
16 § 4. The vehicle and traffic law is amended by adding a new section
17 1291 to read as follows:
18 § 1291. Operation of an electric scooter is prohibited without a
19 license. No person shall operate an electric scooter on a public roadway
20 in a city with a population of one million or more unless the operator
21 is a holder of a license for the operation of a bicycle with electric
22 assist and electric scooter issued to him or her pursuant to article
23 twelve-E of this chapter.
24 § 5. This act shall take effect on the one hundred twentieth day after
25 it shall have become a law. Effective immediately, the addition, amend-
26 ment and/or repeal of any rule or regulation necessary for the implemen-
27 tation of this act on its effective date are authorized to be made and
28 completed on or before such date.
29 § 2. Severability. If any clause, sentence, paragraph, section or part
30 of this act shall be adjudged by any court of competent jurisdiction to
31 be invalid and after exhaustion of all further judicial review, the
32 judgment shall not affect, impair, or invalidate the remainder thereof,
33 but shall be confined in its operation to the clause, sentence, para-
34 graph, section or part of this act directly involved in the controversy
35 in which the judgment shall have been rendered.
36 § 3. This act shall take effect immediately; provided, however, that
37 the applicable effective date of Parts A through C of this act shall be
38 as specifically set forth in the last section of such Parts.