BILL NUMBER:  S332

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to exempting
hoverboards and electric unicycles from the definition of "motor
vehicle"; 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

 PURPOSE OR GENERAL IDEA OF BILL :

This bill amends the Vehicle and Traffic Law (VTL) to definitively
exclude hoverboards and electric unicycles from the definition of a
"motor vehicle" under provisions of the VTL. As the operation of a
hoverboard or electric unicycle is closely related to that of a
skateboard, the bill provide both state and municipal authorities with
the ability to create unique sets of regulations pertaining to these
devices. Where "motor vehicles" are uniformly subjected to rules of
the road prescribed by the VTL, an exemption for hoverboard and
electric unicycle devices would allow officials to best address
concerns that are inherent only in the operation of these specific
products. Nothing in this legislation constricts the ability of State
or municipal governments to address operational or safety concerns
relative to these devices; quite conversely, it allows these entities
to address these issues outside of the blanket regulatory scheme of
              

the VTL as it relates to "motor vehicles" and "electric personal
assistive mobility devices."

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends the Vehicle and Traffic Law by adding a new Section
119-c and 119-d that defines hoverboards as "every self-balancing
device, having two or more wheels on a single axle and not exceeding
ten inches in height, 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"; and electric unicycles as "every device, having single
wheel on a single axle and not exceeding twenty inches in height,
designed to transport one person by means of an electric propulsion
system, not in excess of twenty miles an hour." Both definitions
clearly indicate that hoverboards and electric unicycles shall not be
deemed to be "electric personal assistive mobility device(s)."

Section 2 amends Section 125 of the Vehicle and Traffic Law by
expressly exempting hoverboards and electric unicycles from the
definition of a "motor vehicle."

Section 3 amends the Vehicle and Traffic Law by adding a new Article
34-D titled 'Electric Unicycles and Hoverboards," which includes
language pertaining to local regulation and use in public parks, a
mandate for protective gear to be worn by users 18 years of age or
younger, and a prohibition on the reckless operation of these devices
on sidewalks.

Section 4 amends Section 1800 of the Vehicle and Traffic Law by
establishing fines for the reckless operation of these devices upon
sidewalks.

Section 5 amends Section 94-a of the Executive Law by mandating that
the State Department's Division of Consumer Protection will
investigate complaints of exploding or igniting hoverboards, as well
as maintain a database of these devices known to explode or ignite
into flames. The Section further mandates that the Division will fine
manufacturers and/or vendors of these devices a civil penalty of
$1,000 for each instance where a device sold by them in this State
explodes or ignites into flames. Lastly, the Section mandates that
upon the third instance of an exploding or igniting device sold by a
manufacturer and/or retailer, that entity shall no longer be allowed
to distribute these devices in New York.

Section 6 sets forth the effective date of this legislation.

 JUSTIFICATION :

Recent media reports suggest that the New York City Police Department
(NYPD) has issued summonses, as well as has potentially made arrests
and seizures related to the use of hoverboard devices in New York
City. At first, the NYPD took the position that the operation of
hoverboards and electric unicycles is illegal in New York City based
upon the City's ban on e-bikes, codified at N.Y.C. Admin. Code
19-176.2. However, that particular passage of the Code bans devices
containing handlebars, and hoverboards and electric unicycles do not
meet this criterion. On its Twitter account, the NYPD then took the
position that hoverboards are "motor vehicles" as defined by the New
York State VTL and are illegal for use because they cannot be
registered with the Department of Motor Vehicles (DMV).

Outside of New York City, municipalities ought not be subjected to a
'one size fits all' approach to the regulation of hoverboards and
electric unicycles; rather, similar to skateboards, it is sensible to
allow municipalities to develop regulations relative to their local
operation and safety measures. While hoverboards and electric
unicycles ought not be operated in busy city streets, it is the case
that suburban and rural areas of the State may wish to address safe
operation where sidewalks are unavailable. The Sponsor further
contends that the use of these devices in public parks is sensible.
Finally, nothing in this legislation prevents the State from
instituting its own safety and operational measures relative to these
unique devices.

Relative to the safe use of hoverboards and electric unicycles, it is
important that riders aged eighteen years or younger be required to
wear protective gear when operating these devices, including helmets,
knee pads and wrist guards. Additionally, this legislation seeks to
remedy concerns regarding the unsafe operation of these devices on
sidewalks by establishing Statewide penalties for the "reckless
operation" of hoverboards and electric unicycles. Akin to
skateboarding and in-line skating rules already on the book in New
York City, persons operating these devices in a manner that endangers
the safety or property of another will face a fine of $50-100.

To address recent reports of hoverboard devices that explode or ignite
into flames, the legislation seeks to empower the State Department's
Division of Consumer Protection with the ability to investigate
complaints of these occurrences, as well as devise a database that
catalogs these incidents. This information will be available to the
public on the Division's website. Retailers and manufacturers who are
found to have distributed a device that explodes or ignites into
flames will face a civil penalty of $1,000 for each violation. On a
third violation, those retailers and manufacturers will lose the
ability to sell hoverboards and electric unicycles in New York State.

In order to effectuate safety policy that is successful in addressing
the challenges posed by these new technologies, it is proper to note
that hoverboards and electric unicycles should not be included in the
definition of "motor vehicles" that is currently contained in the VTL.
There is no evidence to suggest that an all-out ban on hoverboards or
electric unicycles is in the public interest. Further, no party has
argued that the DMV should institute a registration scheme that
encompasses hoverboard and electric unicycle devices. Commonsense
dictates that safety regulations promulgated by the State or its
municipal subdivisions, and specifically tailored to the address both
the benefits and harms of these technologies, is the logical next step
forward.

 PRIOR LEGISLATIVE HISTORY :

2015-2016 - S6260A

 FISCAL IMPLICATIONS :

None.

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