NY State Senate Bill 2009-S6322A

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2010	notice of committee consideration - withdrawn
May 03, 2010	notice of committee consideration - requested
Mar 03, 2010	print number 6322a
Mar 03, 2010	amend and recommit to transportation
Jan 06, 2010	referred to transportation
Dec 01, 2009	referred to rules

Bill Amendments

Original

A (Active)

2009-S6322 - Details

See Assembly Version of this Bill:: A9800
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §124, amd §511-c, V & T L

2009-S6322 - Summary

Prohibits the operation of motorized scooters in this state.

2009-S6322 - Sponsor Memo

                                 BILL NUMBER:  S6322

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to
prohibiting the use of motorized scooters


 PURPOSE :

To prohibit the use of motorized scooters within New York State with
exclusion toward 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.

 SUMMARY OF PROVISIONS :

"Motorized scooter", in addition to "electric personal assistive
mobility devices", is defined by New York State with a proposed
amended section to the Vehicle and Traffic Law. In addition, a new
subdivision is inserted into the Vehicle and Traffic Law prohibiting
the operation of motorized scooters within New York State.

 EXISTING LAW :

Does not define a "motorized scooter", allowing for loopholes when it
comes to the operation of these motorized vehicles. Also, the
loopholes allow for operation of these unsafe vehicles in and around
New York State's highways and communities.

 JUSTIFICATION :

Being that a motorized scooter is illegal to operate in the City of
New York, as defined in the New York City Administrative Code
(19-176.2), this principle should apply to New York State as a whole.
These devices are an attractive means of transportation for minors who
are unable to obtain a driver license due to their age. Because minors
frequent the use of these devices, a grave danger is presented to
those within the vicinity of the motorized devices, including the
operator of the device.

According to a 2001 study by the United States Consumer Product Safety
Commission, 85% of motorized scooter injuries were to children less
than fifteen years old. Most common injuries are fractures, followed
by injuries to the arms, legs, faces and heads. Between January 2001
through September 2001, approximately 2,870 emergency room-treated
injuries were associated with motorized scooter use compared to 2,760
injuries the year before in the time period specified.  Although this
study is dated, it demonstrates a connection of increased injuries to
the illegal use of motorized scooters.

 LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2009-S6322 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6322

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            December 1, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- 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  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  MOTORIZED SCOOTERS, AS DEFINED IN SECTION ONE
HUNDRED TWENTY-FOUR OF THIS CHAPTER, SHALL BE PROHIBITED IN THIS  STATE.
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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14926-01-9

S. 6322                             2

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.

2009-S6322A (ACTIVE) - Details

See Assembly Version of this Bill:: A9800
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §124, amd §511-c, V & T L

2009-S6322A (ACTIVE) - Summary

Prohibits the operation of motorized scooters in this state.

2009-S6322A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6322A

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to
prohibiting the use of motorized scooters


 PURPOSE :
To prohibit the use of motorized scooters within New York State with
exclusion toward wheelchairs or other mobility aids designed for use
by disabled persons, electric powered devices not capable of exceeding
fifteen miles per hour, electric personal assistive mobility devices,
and use of motorized scooters for traveling to or from employment.

 SUMMARY OF PROVISIONS :
"Motorized scooter", in addition to "electric personal assistive
mobility devices", is defined by New York State with a proposed
amended section to the Vehicle and Traffic Law.  In addition, a new
subdivision is inserted into the Vehicle and Traffic Law prohibiting
the operation of motorized scooters within New York State.

 EXISTING LAW :
Does not define a "motorized scooter", allowing for loopholes when it
comes to the operation of these motorized vehicles. Also, the
loopholes allow for operation of these unsafe vehicles in and around
New York State's highways and communities.

 JUSTIFICATION :
Being that a motorized scooter is illegal to operate in the City of
New York, as defined in the New York City Administrative Code
(19-176.2), this principle should apply to New York State as a whole.
These devices are an attractive means of transportation for minors who
are unable to obtain a driver license due to their age. Because minors
frequent the use of these devices, a grave danger is presented to
those within the vicinity of the motorized devices, including the
operator of the device.

According to a 2001 study by the United States Consumer Product Safety
Commission, 85% of motorized scooter injuries were to children less
than fifteen years old. Most common injuries are fractures, followed
by injuries to the arms, legs, faces and heads. Between January 2001
through September 2001, approximately 2,870 emergency room-treated
injuries were associated with motorized scooter use compared to 2,760
injuries the year before in the time period specified. Although this
study is dated, it demonstrates a connection of increased injuries to
the illegal use of motorized scooters.

 LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2009-S6322A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6322--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            December 1, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the Committee on Transportation in accordance with Senate Rule 6, sec.
  8  -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14926-02-0

S. 6322--A                          2

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
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.

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Senate Bill S6322A

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

2009-S6322 - Details

2009-S6322 - Summary

2009-S6322 - Sponsor Memo

2009-S6322 - Bill Text download pdf

2009-S6322A (ACTIVE) - Details

2009-S6322A (ACTIVE) - Summary

2009-S6322A (ACTIVE) - Sponsor Memo

2009-S6322A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S6322A

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

2009-S6322 - Details

2009-S6322 - Summary

2009-S6322 - Sponsor Memo

2009-S6322 - Bill Text download pdf

2009-S6322A (ACTIVE) - Details

2009-S6322A (ACTIVE) - Summary

2009-S6322A (ACTIVE) - Sponsor Memo

2009-S6322A (ACTIVE) - Bill Text download pdf

Comments