S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5538
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2017
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to exempting
   hoverboards and electric unicycles from the definition of "motor vehi-
   cle"; and to amend the executive law, in  relation  to  directing  the
   consumer  protection  division to monitor incidents of hoverboards and
   electric unicycles that explode or ignite
 
   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 two new
 sections 114-e and 119-c to read as follows:
   § 114-E. ELECTRIC UNICYCLE. EVERY DEVICE, HAVING A SINGLE WHEEL  ON  A
 SINGLE  AXLE,  NOT  EXCEEDING  TWENTY-SEVEN  INCHES  IN  HEIGHT  AND NOT
 EQUIPPED WITH HANDLEBARS, DESIGNED TO TRANSPORT ONE PERSON BY  MEANS  OF
 AN ELECTRIC PROPULSION SYSTEM AND HAVING A MAXIMUM SPEED, WHEN PROPELLED
 SOLELY  BY ITS ELECTRIC PROPULSION SYSTEM, NOT IN EXCESS OF TWENTY MILES
 AN HOUR. AN ELECTRIC UNICYCLE SHALL NOT BE  DEEMED  TO  BE  AN  ELECTRIC
 PERSONAL ASSISTIVE MOBILITY DEVICE.
   §  119-C.  HOVERBOARD. EVERY SELF-BALANCING DEVICE, HAVING TWO OR MORE
 WHEELS ON A SINGLE AXLE, NOT EXCEEDING TWELVE INCHES IN  HEIGHT,  EXCLU-
 SIVE  OF  ANY  LEG  PAD  AND/OR  BAR, AND NOT EQUIPPED OR DESIGNED TO BE
 EQUIPPED WITH HANDLE BARS, DESIGNED TO TRANSPORT ONE PERSON BY MEANS  OF
 AN ELECTRIC PROPULSION SYSTEM AND HAVING A MAXIMUM SPEED, WHEN PROPELLED
 SOLELY  BY ITS ELECTRIC PROPULSION SYSTEM, NOT IN EXCESS OF TWENTY MILES
 AN HOUR.  A HOVERBOARD SHALL NOT BE DEEMED TO BE  AN  ELECTRIC  PERSONAL
 ASSISTIVE MOBILITY DEVICE.
   § 2. Section 125 of the vehicle and traffic law, as amended by chapter
 365 of the laws of 2008, is amended to read as follows:
   § 125. Motor  vehicles. Every vehicle operated or driven upon a public
 highway which is propelled by  any  power  other  than  muscular  power,
 except  (a)  electrically-driven mobility assistance devices operated or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00146-01-7

 A. 5538                             2
 
 driven by a person with a disability, (a-1) electric personal  assistive
 mobility  devices  operated  outside  a  city  with  a population of one
 million or more, (b) vehicles which run only upon rails or  tracks,  (c)
 snowmobiles as defined in article forty-seven of this chapter, [and] (d)
 all  terrain  vehicles  as  defined  in  article  forty-eight-B  of this
 chapter, (E) HOVERBOARDS, AND (F) ELECTRIC UNICYCLES.  For the  purposes
 of title four of this chapter, the term motor vehicle shall exclude fire
 and  police  vehicles other than ambulances.  For the purposes of titles
 four and five of this chapter the term motor vehicles shall exclude farm
 type tractors and all terrain type vehicles used exclusively  for  agri-
 cultural purposes, or for snow plowing, other than for hire, farm equip-
 ment,  including  self-propelled  machines  used exclusively in growing,
 harvesting or handling farm produce, and self-propelled  caterpillar  or
 crawler-type equipment while being operated on the contract site.
   §  3.  The  vehicle and traffic law is amended by adding a new article
 34-D to read as follows:
                               ARTICLE 34-D
                    ELECTRIC UNICYCLES AND HOVERBOARDS
 SECTION 1280. ELECTRIC UNICYCLES AND HOVERBOARDS; LOCAL REGULATION.
         1281. PROTECTIVE GEAR; PERSONS UNDER EIGHTEEN YEARS OF AGE.
         1282. RECKLESS OPERATION PROHIBITED.
   § 1280. ELECTRIC  UNICYCLES  AND  HOVERBOARDS;  LOCAL  REGULATION.  1.
 EXCEPT  AS  OTHERWISE  PROVIDED  IN  SUBDIVISION TWO OF THIS SECTION, NO
 PROVISION OF THIS CHAPTER SHALL BE DEEMED TO PROHIBIT THE GOVERNING BODY
 OF ANY COUNTY, CITY, TOWN OR VILLAGE FROM REGULATING THE USE AND  OPERA-
 TION  OF  ELECTRIC UNICYCLES AND/OR HOVERBOARDS, INCLUDING THE OPERATION
 THEREOF ON ANY PUBLIC HIGHWAY WHERE THERE IS NO  ADJOINING  SIDEWALK  OR
 SHOULDER.
   2.  NO  PROVISION  OF THIS CHAPTER SHALL BE DEEMED TO PROHIBIT THE USE
 AND OPERATION OF ELECTRIC UNICYCLES AND HOVERBOARDS IN A PUBLIC PARK.
   § 1281. PROTECTIVE GEAR; PERSONS UNDER EIGHTEEN YEARS OF  AGE.  1.  NO
 PERSON  LESS THAN EIGHTEEN YEARS OF AGE SHALL OPERATE AN ELECTRIC UNICY-
 CLE OR HOVERBOARD UNLESS SUCH PERSON IS WEARING A HELMET, KNEE PADS  AND
 WRIST GUARDS MEETING STANDARDS ESTABLISHED BY THE COMMISSIONER.
   2.  FOR  THE PURPOSES OF THIS SECTION, WEARING A HELMET MEANS HAVING A
 HELMET OF GOOD FIT FASTENED SECURELY  UPON  THE  HEAD  WITH  THE  HELMET
 STRAPS.
   3.  ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL PAY A
 CIVIL FINE NOT TO EXCEED FIFTY DOLLARS.
   § 1282.  RECKLESS  OPERATION  PROHIBITED.  1.  FOR  PURPOSES  OF  THIS
 SECTION,  "RECKLESS  OPERATION"  MEANS OPERATING AN ELECTRIC UNICYCLE OR
 HOVERBOARD ON A PUBLIC STREET, HIGHWAY OR SIDEWALK IN SUCH A  MANNER  AS
 TO ENDANGER THE SAFETY OR PROPERTY OF ANOTHER.
   2.  NO  PERSON  SHALL  ENGAGE IN THE RECKLESS OPERATION OF AN ELECTRIC
 UNICYCLE OR HOVERBOARD.
   3. A VIOLATION OF THIS SECTION SHALL BE A TRAFFIC INFRACTION.
   § 4. Section 1800 of the vehicle and traffic law is amended by  adding
 a new subdivision (e-1) to read as follows:
   (E-1)  EVERY  PERSON  CONVICTED  OF  A  VIOLATION OF THE PROVISIONS OF
 SECTION TWELVE HUNDRED EIGHTY-TWO OF THIS CHAPTER SHALL BE PUNISHED BY A
 FINE OF NOT LESS THAN FIFTY DOLLARS, NOR MORE THAN ONE HUNDRED DOLLARS.
   § 5. Section 94-a of the executive law is  amended  by  adding  a  new
 subdivision 4-a to read as follows:
   4-A.  ELECTRIC  UNICYCLES AND HOVERBOARDS. THE DIVISION SHALL SOLICIT,
 ACCEPT AND INVESTIGATE COMPLAINTS AND REPORTS OF ANY  ELECTRIC  UNICYCLE
 OR  HOVERBOARD  SOLD  IN  THIS STATE THAT EXPLODES OR IGNITES IN FLAMES.

 A. 5538                             3
 
 AFTER THE INVESTIGATION OF ANY SUCH COMPLAINT  OR  REPORT  THE  DIVISION
 SHALL  DETERMINE  WHETHER AN EXPLOSION OR IGNITION OCCURRED. IF AN ELEC-
 TRIC UNICYCLE OR HOVERBOARD IS DETERMINED TO HAVE EXPLODED OR IGNITED IN
 FLAMES,  THE DIVISION SHALL POST THE BRAND, MODEL, MANUFACTURER AND NAME
 OF THE RETAIL SELLER THEREOF ON ITS PUBLIC INTERNET WEBSITE.  THE  DIVI-
 SION  SHALL  IMPOSE  A  CIVIL PENALTY OF ONE THOUSAND DOLLARS, UPON EACH
 MANUFACTURER AND RETAIL SELLER, FOR EACH ELECTRIC UNICYCLE OR HOVERBOARD
 SOLD IN THIS STATE WHICH IS FOUND TO HAVE EXPLODED OR IGNITED IN FLAMES;
 PROVIDED, HOWEVER, THAT ANY  MANUFACTURER  OR  RETAIL  SELLER  WHICH  IS
 DETERMINED  TO  HAVE SOLD THREE OR MORE ELECTRIC UNICYCLES AND/OR HOVER-
 BOARDS THAT HAVE EXPLODED OR IGNITED IN FLAMES SHALL BE PROHIBITED  FROM
 SELLING ANY ELECTRIC UNICYCLE OR HOVERBOARD IN THIS STATE.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.