S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8482--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2017
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Transportation -- recommitted to the Committee  on  Transporta-
   tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  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  the  regis-
   tration  and  operation of autocycles; and providing for the repeal of
   such provisions upon expiration thereof
 
   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
 article 48-D to read as follows:
                                ARTICLE 48-D
                        REGISTRATION OF AUTOCYCLES
 SECTION 2500. DEFINITIONS.
         2501. REGISTRATION.
         2502. REVOCATION AND SUSPENSION.
         2503. DISPLAY OF REGISTRATION NUMBER PLATE OR PLATES.
         2504. EQUIPMENT, INSPECTION AND INSURANCE.
         2505. DEALERS AND MANUFACTURERS.
         2506. EXEMPTIONS.
         2507. RULES AND REGULATIONS.
   § 2500. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AUTOCYCLE"  MEANS  A
 THREE-WHEELED  MOTOR VEHICLE THAT HAS A STEERING WHEEL AND SEATING WHICH
 DOES NOT REQUIRE THE OPERATOR TO STRADDLE OR SIT ASTRIDE AND IS MANUFAC-
 TURED TO COMPLY WITH FEDERAL SAFETY REQUIREMENTS FOR MOTORCYCLES.
   2. "DEALER" MEANS ANY PERSON ENGAGED IN THE BUSINESS OF SELLING  AUTO-
 CYCLES AT WHOLESALE OR RETAIL.
   § 2501. REGISTRATION. 1. NOTWITHSTANDING SECTION FOUR HUNDRED TEN-A OF
 THIS CHAPTER AND EXCEPT AS HEREINAFTER PROVIDED, NO PERSON SHALL OPERATE
 ANY  AUTOCYCLE  ON  A  PUBLIC HIGHWAY OR STREET WITHIN THIS STATE UNLESS

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

                                                            LBD13182-02-8

 A. 8482--A                          2
 
 SUCH AUTOCYCLE HAS BEEN REGISTERED IN ACCORDANCE WITH ARTICLE FIFTEEN OF
 THIS CHAPTER, THE REGISTRATION FOR SUCH AUTOCYCLE IS IN FULL  FORCE  AND
 EFFECT  AND  THE  REGISTRATION  NUMBER  PLATE OR PLATES ARE DISPLAYED AS
 HEREINAFTER PROVIDED.
   2. THE FEES FOR THE REGISTRATION, RENEWAL, REREGISTRATION OR AMENDMENT
 OR DUPLICATE OF A REGISTRATION OF AN AUTOCYCLE SHALL BE THE SAME FEES AS
 IF  SUCH VEHICLE WERE REGISTERED PURSUANT TO SECTION FOUR HUNDRED TEN OF
 THIS CHAPTER.
   3. EVERY PERSON OPERATING AN AUTOCYCLE REGISTERED IN  ACCORDANCE  WITH
 ANY  OF  THE  PROVISIONS  OF THIS ARTICLE, SHALL, UPON THE DEMAND OF ANY
 MAGISTRATE, POLICE OFFICER, PEACE OFFICER, WHEN ACTING PURSUANT  TO  HIS
 OR  HER  SPECIAL  DUTIES,  OR MOTOR VEHICLE HEARING OFFICER, PRODUCE FOR
 INSPECTION THE CERTIFICATE OF REGISTRATION FOR SUCH AUTOCYCLE AND  SHALL
 FURNISH  TO SUCH PERSON ANY INFORMATION NECESSARY FOR THE IDENTIFICATION
 OF SUCH AUTOCYCLE AND ITS OWNER. THE FAILURE TO PRODUCE THE  CERTIFICATE
 OF REGISTRATION AS PROVIDED HEREIN SHALL NOT BE AN OFFENSE, BUT SHALL BE
 PRESUMPTIVE  EVIDENCE OF THE OPERATION OF AN AUTOCYCLE NOT REGISTERED AS
 REQUIRED BY THIS ARTICLE.
   4. THE REGISTRATION PROVISIONS OF THIS ARTICLE SHALL NOT  APPLY  TO  A
 NON-RESIDENT  WHO HAS REGISTERED HIS OR HER AUTOCYCLE IN COMPLIANCE WITH
 THE REGISTRATION OR LICENSING LAWS OF THE STATE, PROVINCE OR COUNTRY  OF
 HIS OR HER RESIDENCE, PROVIDED THAT THE AUTOCYCLE IS APPROPRIATELY IDEN-
 TIFIED  BY  AN IDENTIFICATION PLATE, STICKER OR OTHER IDENTIFYING DEVICE
 ISSUED BY SUCH STATE, PROVINCE OR COUNTRY.
   § 2502. REVOCATION AND SUSPENSION. THE REGISTRATION  OF  AN  AUTOCYCLE
 MAY BE REVOKED OR SUSPENDED IN THE SAME MANNER AND TO THE SAME EFFECT AS
 THAT  OF  A  MOTORCYCLE  REGISTERED  PURSUANT TO ARTICLE FIFTEEN OF THIS
 CHAPTER.
   § 2503. DISPLAY OF REGISTRATION NUMBER PLATE OR PLATES. 1. THE  REGIS-
 TRATION  NUMBER  PLATE  OR  PLATES  ASSIGNED  TO  AN  AUTOCYCLE SHALL BE
 DISPLAYED ON THE AUTOCYCLE AT ALL TIMES SUCH VEHICLE IS OPERATED ON  THE
 PUBLIC  HIGHWAYS  IN SUCH MANNER AS THE COMMISSIONER MAY, BY REGULATION,
 PRESCRIBE.  ONE OR TWO REGISTRATION NUMBER PLATES, AS DETERMINED BY  THE
 COMMISSIONER,  SHALL  BE ISSUED BY THE COMMISSIONER FOR AN AUTOCYCLE. NO
 NUMBER OTHER THAN THE REGISTRATION NUMBER PLATE ASSIGNED TO AN AUTOCYCLE
 BY THE COMMISSIONER, OR THE IDENTIFICATION NUMBER  OF  THE  REGISTRATION
 ISSUED  BY  ANOTHER  STATE  SHALL  BE  PAINTED,  ATTACHED  OR  OTHERWISE
 DISPLAYED ON AN AUTOCYCLE WHEN SUCH AUTOCYCLE IS  BEING  OPERATED  ON  A
 PUBLIC  HIGHWAY.  NOTHING HEREIN SHALL PROHIBIT THE DISPLAY OF A VEHICLE
 IDENTIFICATION NUMBER PLATE OR NUMBER AFFIXED BY THE MANUFACTURER OR HIS
 OR HER AGENT IN ACCORDANCE WITH SECTION FOUR  HUNDRED  FIFTEEN  OF  THIS
 CHAPTER.
   2. DEALER DEMONSTRATOR NUMBER PLATES SHALL CONFORM TO THE REQUIREMENTS
 SET  FORTH  IN  SUBDIVISION  ONE OF THIS SECTION WITH THE EXCEPTION THAT
 SUCH NUMBER PLATES MAY BE TEMPORARILY BUT FIRMLY AFFIXED TO THE  AUTOCY-
 CLE BEING DEMONSTRATED OR TESTED.
   3.  THE  USE  OF DEALER DEMONSTRATOR NUMBER PLATES SHALL BE SUBJECT TO
 THE PROVISIONS OF SECTIONS FOUR HUNDRED FIFTEEN AND FOUR HUNDRED SIXTEEN
 OF THIS CHAPTER.
   4. NO DEALER SHALL PERMIT A DEALER DEMONSTRATOR  NUMBER  PLATE  TO  BE
 USED  ON ANY AUTOCYCLE UNLESS SUCH AUTOCYCLE WOULD QUALIFY FOR THE ISSU-
 ANCE OF SUCH A NUMBER PLATE WHEN REGISTERED.
   § 2504. EQUIPMENT, INSPECTION AND INSURANCE. 1. AN AUTOCYCLE SHALL  BE
 MANUFACTURED TO COMPLY WITH FEDERAL SAFETY REQUIREMENTS FOR A MOTORCYCLE
 AND, AS OTHERWISE PROVIDED PURSUANT TO THIS SECTION, SHALL BE SUBJECT TO
 THE  EQUIPMENT  REQUIREMENTS  OF  THIS  CHAPTER THAT ARE APPLICABLE TO A

 A. 8482--A                          3
 
 MOTORCYCLE. THE EQUIPMENT AND OPERATOR OF AN AUTOCYCLE SHALL BE  SUBJECT
 TO  THE REQUIREMENTS OF SUBDIVISIONS SIX, SEVEN, NINE, NINE-A AND TEN OF
 SECTION THREE HUNDRED EIGHTY-ONE OF THIS CHAPTER; PROVIDED HOWEVER, THAT
 THE  COMMISSIONER  MAY,  BY  REGULATION, PROVIDE FOR DIFFERENT EQUIPMENT
 REQUIREMENTS FOR DIFFERENT TYPES OF AUTOCYCLES. NO PERSON SHALL  OPERATE
 AN  AUTOCYCLE  ON  THE PUBLIC HIGHWAYS OF THIS STATE IN VIOLATION OF THE
 PROVISIONS OF THIS SECTION OR REGULATIONS PROMULGATED BY THE COMMISSION-
 ER THEREUNDER.
   2. AUTOCYCLES SHALL BE SUBJECT TO THE INSPECTION REQUIREMENTS OF ARTI-
 CLE FIVE OF THIS CHAPTER. THE COMMISSIONER MAY, BY  REGULATION,  PROVIDE
 FOR DIFFERENT INSPECTION PROCEDURES FOR DIFFERENT TYPES OF AUTOCYCLES.
   3.  THE  INSURANCE PROVISIONS OF ARTICLES SIX, SEVEN AND EIGHT OF THIS
 CHAPTER SHALL BE APPLICABLE TO AUTOCYCLES.
   § 2505. DEALERS AND MANUFACTURERS. 1. NO PERSON SHALL  ENGAGE  IN  THE
 BUSINESS  OF  SELLING  AUTOCYCLES UNLESS THERE SHALL HAVE BEEN ISSUED TO
 THE PERSON A DEALER REGISTRATION IN ACCORDANCE WITH SECTION FOUR HUNDRED
 FIFTEEN OF THIS CHAPTER. THE COMMISSIONER MAY,  BY  REGULATION,  PROVIDE
 FOR  IDENTIFICATION OF DEALERS AS DEALERS OF AUTOCYCLES, AND THE COMMIS-
 SIONER SHALL MAKE PROVISIONS FOR  THE  ISSUANCE  OF  APPROPRIATE  DEALER
 DEMONSTRATOR NUMBER PLATES TO SUCH DEALERS.
   2.  NO  DEALER  SHALL ACQUIRE ANY AUTOCYCLES FOR THE PURPOSE OF RESALE
 FOR USE ON THE PUBLIC HIGHWAYS WITHIN THIS STATE UNLESS SUCH  AUTOCYCLES
 HAVE  A VEHICLE IDENTIFICATION NUMBER IN A FORM AND MANNER ACCEPTABLE TO
 THE COMMISSIONER PERMANENTLY AFFIXED TO THE FRAME BY THE MANUFACTURER OR
 AUTHORIZED AGENT OF THE MANUFACTURER.
   3. THE COMMISSIONER MAY PRESCRIBE, BY  REGULATION,  PROCEDURES  TO  BE
 FOLLOWED  BY  DEALERS  WITH  RESPECT  TO  RECORD  KEEPING  AND DOCUMENTS
 REQUIRED UPON THE SALE OF AN AUTOCYCLE, AND PROCEDURES TO BE FOLLOWED BY
 MANUFACTURERS WITH RESPECT TO THE ASSIGNMENT  AND  AFFIXING  OF  VEHICLE
 IDENTIFICATION NUMBERS.
   §  2506.  EXEMPTIONS.  1. FIRE AND POLICE VEHICLES ARE EXEMPT FROM THE
 PROVISIONS OF THIS ARTICLE, EXCEPT THAT THE OPERATOR OF SUCH  A  VEHICLE
 SHALL BE REQUIRED TO BE LICENSED AS PROVIDED IN ARTICLE NINETEEN OF THIS
 CHAPTER.
   2.  ANY  AUTOCYCLE  REGISTERED  PURSUANT TO THIS ARTICLE THAT WOULD BE
 EXEMPT FROM THE PAYMENT OF REGISTRATION FEES IF SUCH VEHICLE WERE REGIS-
 TERED PURSUANT TO TITLE FOUR OF THIS CHAPTER, SHALL BE EXEMPT  FROM  THE
 PAYMENT OF REGISTRATION FEES UNDER THIS ARTICLE.
   § 2507. RULES AND REGULATIONS. THE COMMISSIONER IS HEREBY EMPOWERED TO
 MAKE SUCH RULES AND REGULATIONS AS HE OR SHE MAY DEEM NECESSARY TO CARRY
 OUT THE PROVISIONS OF THIS ARTICLE.
   § 2. Subparagraphs (iv), (vii) and (viii) of paragraph (a) of subdivi-
 sion  2 of section 501 of the vehicle and traffic law, subparagraph (iv)
 as amended by chapter 339 of the laws of 2005  and  subparagraphs  (vii)
 and  (viii)  as added by chapter 173 of the laws of 1990, are amended to
 read as follows:
   (iv) Class D. Such license shall be valid to operate any passenger  or
 limited  use automobile, AUTOCYCLE, or any truck with a GVWR of not more
 than twenty-six thousand pounds or any such  vehicle  towing  a  vehicle
 with  a  GVWR  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 twen-
 ty-six thousand pounds, or any personal use vehicle with a GVWR  of  not
 more  than twenty-six thousand pounds or any such vehicle towing a vehi-
 cle 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

 A. 8482--A                          4
 
 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.
   (vii)  Class M. Such license shall be valid to operate any motorcycle,
 or any motorcycle,  other  than  a  limited  use  motorcycle,  towing  a
 trailer, OR AN AUTOCYCLE.
   (viii) Class MJ. Such license shall be valid to operate any motorcycle
 or limited use motorcycle, BUT NOT AN AUTOCYCLE, by a person under eigh-
 teen  years  of  age.  Such license shall automatically become a class M
 license when the holder becomes eighteen years of age.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall expire and  be  deemed  repealed  5
 years after such date.