S T A T E O F N E W Y O R K
________________________________________________________________________
9800--A
I N A S S E M B L Y
January 28, 2010
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Introduced by M. of A. MARKEY, BENEDETTO, CASTRO, FIELDS -- Multi-Spon-
sored by -- M. of A. GOTTFRIED, M. MILLER, MILLMAN -- read once and
referred to the Committee on Transportation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
the use of motorized scooters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 124 to read as follows:
S 124. MOTORIZED SCOOTER. A TWO OR THREE WHEELED LIMITED USE GASOLINE
POWERED, ELECTRIC AND/OR ALL TERRAIN MOTORCYCLE WITH HANDLEBARS AND
PROPELLED BY AN ATTACHED MOTOR WITH AN ENGINE CAPACITY OF ONE HUNDRED
FIFTY CUBIC CENTIMETERS OR LESS WHOSE MAXIMUM ATTAINABLE SPEED IS FORTY
MILES PER HOUR AND WHERE A PERSON OR PERSONS MAY RIDE THE DEVICE. FOR
PURPOSES OF THIS SECTION, THE TERM "MOTORIZED SCOOTER" SHALL NOT INCLUDE
WHEELCHAIRS OR OTHER MOBILITY AIDS DESIGNED FOR USE BY DISABLED PERSONS,
ELECTRIC POWERED DEVICES NOT CAPABLE OF EXCEEDING FIFTEEN MILES PER HOUR
OR ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES. FOR PURPOSES OF THIS
SECTION THE TERM "ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES" SHALL
MEAN A SELF-BALANCING, TWO NON-TANDEM WHEELED DEVICE DESIGNED TO TRANS-
PORT ONE PERSON BY MEANS OF AN ELECTRIC PROPULSION SYSTEM.
S 2. Section 511-c of the vehicle and traffic law is amended by adding
a new subdivision 15 to read as follows:
15. THE OPERATION OF A MOTORIZED SCOOTER, AS DEFINED IN SECTION ONE
HUNDRED TWENTY-FOUR OF THIS CHAPTER, SHALL BE PROHIBITED IN THIS STATE,
PROVIDED, HOWEVER, THAT THE OPERATION OF A MOTORIZED SCOOTER FOR THE
PURPOSE OF TRAVELING TO OR FROM THE OPERATOR'S PLACE OF EMPLOYMENT SHALL
NOT BE PROHIBITED. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS
SECTION SHALL BE LIABLE FOR A CIVIL PENALTY IN THE AMOUNT OF SIX HUNDRED
DOLLARS. AUTHORIZED EMPLOYEES OF A POLICE DEPARTMENT AND, IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE, THE DEPARTMENT OF PARKS AND
RECREATION, SHALL HAVE THE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14926-03-0
A. 9800--A 2
SECTION. SUCH PENALTY SHALL BE RECOVERED IN A CIVIL ACTION OR, IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE, IN A PROCEEDING COMMENCED BY
THE SERVICE OF A NOTICE OF VIOLATION THAT SHALL BE RETURNABLE BEFORE THE
ENVIRONMENTAL CONTROL BOARD. IN ADDITION, SUCH VIOLATION SHALL BE A
TRAFFIC INFRACTION AND SHALL BE PUNISHABLE IN ACCORDANCE WITH SECTION
EIGHTEEN HUNDRED OF THIS CHAPTER.
ANY MOTORIZED SCOOTER THAT HAS BEEN OPERATED OR IS BEING OPERATED IN
VIOLATION OF THE PROVISIONS OF THIS SECTION MAY BE IMPOUNDED AND SHALL
NOT BE RELEASED UNTIL THE APPLICABLE FINES HAVE BEEN PAID OR A BOND HAS
BEEN POSTED IN AN AMOUNT SATISFACTORY TO THE ENFORCING AUTHORITY. UPON
CONVICTION OF A SECOND VIOLATION OF THIS SECTION AND WHERE THE MOTORIZED
SCOOTER IS IMPOUNDED, ALL OWNERSHIP RIGHTS TO SUCH SCOOTER SHALL BE
REVOKED AND SUCH MOTORIZED SCOOTER SHALL BE SOLD AT AUCTION.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.