S T A T E O F N E W Y O R K
________________________________________________________________________
870
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DelMONTE, LUPARDO, FIELDS, TITONE, GALEF, GORDON,
STIRPE, ESPAILLAT -- Multi-Sponsored by -- M. of A. BOYLAND -- read
once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to providing
for the operation on public roads of electric vehicles and requiring
certain equipment on electric vehicles
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 122-bb to read as follows:
S 122-BB. MEDIUM-SPEED ELECTRIC VEHICLE. A MOTOR VEHICLE UPON OR BY
WHICH A PERSON MAY BE TRANSPORTED, THAT:
1. HAS A MAXIMUM SPEED OF THIRTY-FIVE MILES AN HOUR AS CERTIFIED BY
THE MANUFACTURER;
2. IS PROPELLED BY ITS OWN POWER, USING AN ELECTRIC MOTOR OR OTHER
DEVICE THAT TRANSFORMS STORED ELECTRICAL ENERGY INTO THE MOTION OF THE
VEHICLE;
3. STORES ELECTRICITY IN BATTERIES, ULTRACAPACITORS, OR SIMILAR
DEVICES, WHICH ARE CHARGED FROM THE POWER GRID OR FROM RENEWABLE ELEC-
TRICAL ENERGY SOURCES;
4. IS FULLY ENCLOSED AND INCLUDES AT LEAST ONE DOOR FOR ENTRY;
5. HAS A WHEELBASE OF FORTY INCHES OR GREATER AND A WHEEL DIAMETER OF
TEN INCHES OR GREATER;
6. EXHIBITS A MANUFACTURER'S COMPLIANCE WITH 49 CFR, PART 565, OR
DISPLAYS A SEVENTEEN CHARACTER VEHICLE IDENTIFICATION NUMBER AS PROVIDED
IN 49 CFR, PART 565;
7. BEARS A STICKER, AFFIXED BY THE MANUFACTURER OR DEALER, ON THE LEFT
SIDE OF THE REAR WINDOW THAT INDICATES THE VEHICLE'S MAXIMUM SPEED
RATING; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01139-01-9
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8. AS CERTIFIED BY THE MANUFACTURER, IS EQUIPPED AS PROVIDED IN
SECTION THREE HUNDRED SEVENTY-NINE OF THIS CHAPTER.
S 2. The vehicle and traffic law is amended by adding a new section
379 to read as follows:
S 379. MEDIUM-SPEED ELECTRIC VEHICLES: REQUIRED EQUIPMENT. A
MEDIUM-SPEED ELECTRIC VEHICLE, AS DEFINED IN SECTION ONE HUNDRED TWEN-
TY-TWO-BB OF THIS CHAPTER, MUST BE EQUIPPED WITH THE FOLLOWING:
1. HEADLAMPS, FRONT AND REAR TURN SIGNAL LAMPS, TAIL LAMPS, AND STOP
LAMPS;
2. THREE RED REFLECTORS, TWO OF WHICH MUST BE PLACED ON EACH SIDE AS
FAR TO THE REAR OF THE VEHICLE AS PRACTICABLE, AND ONE OF WHICH MUST BE
PLACED ON THE REAR OF THE VEHICLE;
3. AN EXTERIOR MIRROR MOUNTED ON THE DRIVER'S SIDE OF THE VEHICLE AND
EITHER AN EXTERIOR MIRROR MOUNTED ON THE PASSENGER'S SIDE OF THE VEHICLE
OR AN INTERIOR MIRROR;
4. A PARKING BRAKE;
5. A WINDSHIELD THAT CONFORMS TO THE FEDERAL MOTOR VEHICLE SAFETY
STANDARD PROVIDED IN 49 CFR 571.205;
6. A SEATBELT ASSEMBLY THAT CONFORMS TO THE FEDERAL MOTOR VEHICLE
SAFETY STANDARD PROVIDED IN 49 CFR 571.209; AND
7. A ROLL BAR, ROLL CAGE, OR CRUSH-PROOF BODY DESIGN.
S 3. Paragraph a of subdivision 6 of section 401 of the vehicle and
traffic law, as amended by section 74 of part A of chapter 56 of the
laws of 1998, is amended to read as follows:
a. The following fees shall be paid to the commissioner, or agent,
upon the registration or reregistration of a motor vehicle, including a
suburban, in accordance with the provisions of this article:
If such motor vehicle, fully equipped, weighs thirty-five hundred
pounds or less, sixty-four and one-half cents for each one hundred
pounds or major fraction thereof; if such motor vehicle, fully equipped,
weighs more than thirty-five hundred pounds, sixty-four and one-half
cents for each one hundred pounds up to thirty-five hundred pounds, and
ninety-seven cents for each hundred pounds, or major fraction thereof,
in excess of thirty-five hundred pounds; provided, however, that the
total fees for the registration or reregistration of any passenger motor
vehicle propelled by electricity, INCLUDING A MEDIUM-SPEED ELECTRIC
VEHICLE, shall be twelve dollars and ninety-four cents, of a six, eight,
or twelve cylinder motor vehicle not less than twelve dollars and nine-
ty-four cents, and of any other motor vehicle not less than ten dollars
and thirty-five cents; and provided further that for motor vehicles
described in subdivision seven of this section, the fee for such regis-
tration shall be as therein prescribed. Provided further, however, that
the maximum registration fee under this paragraph shall not exceed
fifty-six dollars and six cents per registration year. For the purposes
of this section a "suburban" shall be a motor vehicle with a convertible
or interchangeable body or with removable seats, usable for both passen-
ger and delivery purposes, and including motor vehicles, commonly known
as station or depot wagons. The manufacturer's weight of motor vehicle
shall be accepted as the weight for the purpose of registration under
this paragraph.
S 4. Subparagraph (iv) of paragraph (a) of subdivision 2 of section
501 of the vehicle and traffic law, as amended by chapter 339 of the
laws of 2005, is amended to read as follows:
(iv) Class D. Such license shall be valid to operate any passenger or
limited use automobile or any truck with a GVWR of not more than twen-
ty-six thousand pounds or any such vehicle towing a vehicle with a GVWR
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of not more than ten thousand pounds, or any such vehicle towing another
vehicle with a GVWR of more than ten thousand pounds provided such
combination of vehicles has a GCWR of not more than twenty-six thousand
pounds, or any personal use vehicle with a GVWR of not more than twen-
ty-six thousand pounds or any such vehicle towing a vehicle with a GVWR
of not more than ten thousand pounds, except it shall not be valid to
operate a tractor, a motorcycle other than a class B or C limited use
motorcycle, a vehicle used to transport passengers for hire or for which
a hazardous materials endorsement is required, or a vehicle defined as a
bus in subdivision one of section five hundred nine-a of this title.
NOTWITHSTANDING THE FOREGOING, SUCH LICENSE SHALL BE VALID TO OPERATE A
MOTORCYCLE THAT IS PROPELLED BY AN ELECTRIC MOTOR OR OTHER DEVICE THAT
TRANSFORMS STORED ELECTRICAL ENERGY INTO THE MOTION OF THE VEHICLE, HAS
A FULLY ENCLOSED CAB, IS EQUIPPED WITH THREE WHEELS IN CONTACT WITH THE
GROUND, IS EQUIPPED WITH A SEAT AND SEATBELTS.
S 5. The vehicle and traffic law is amended by adding a new section
1106 to read as follows:
S 1106. MEDIUM-SPEED ELECTRIC VEHICLE -- OPERATING REQUIREMENTS. 1. A
MEDIUM-SPEED ELECTRIC VEHICLE MAY ONLY BE OPERATED ON A HIGHWAY FOR
WHICH THE POSTED SPEED LIMIT DOES NOT EXCEED FORTY-FIVE MILES AN HOUR.
2. EXCEPT AS PROVIDED IN SUBDIVISION ONE, THE PROVISIONS OF THIS CHAP-
TER SHALL APPLY TO THE OPERATOR OF A MEDIUM-SPEED ELECTRIC VEHICLE.
S 6. This act shall take effect immediately.