S T A T E O F N E W Y O R K
________________________________________________________________________
967
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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Introduced by M. of A. SIMOTAS, ORTIZ -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the opera-
tion of motor-driven cycles for commercial purposes on public highways
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:
§ 124. MOTOR-DRIVEN CYCLE. EVERY MOTOR VEHICLE HAVING:
(A) A SEAT OR SADDLE FOR THE USE OF THE OPERATOR;
(B) TWO OR THREE WHEELS IN CONTACT WITH THE GROUND;
(C) AN INTERNAL COMBUSTION ENGINE, OR ELECTRIC, SOLAR OR HYBRID MOTOR
WHICH WILL PROPEL THE VEHICLE UNASSISTED AT A MAXIMUM SPEED NO GREATER
THAN THIRTY MILES PER HOUR. IF SUCH VEHICLE IS EQUIPPED WITH AN INTERNAL
COMBUSTION ENGINE, SUCH ENGINE'S PISTON OR ROTOR DISPLACEMENT SHALL NOT
EXCEED FIFTY CUBIC CENTIMETERS. A MOTOR-DRIVEN CYCLE SHALL BE A LIMITED
USE MOTORCYCLE OR MOTORCYCLE WHEN OPERATED AT SPEEDS IN EXCESS OF THIRTY
MILES PER HOUR AND THE OPERATOR SHALL BE REQUIRED TO HAVE IN HIS OR HER
POSSESSION A VALID CLASS D, DJ, M OR MJ LICENSE, AS THE CASE MAY BE; AND
(D) A DIRECT OR AUTOMATIC POWER DRIVE SYSTEM WHICH REQUIRES NO CLUTCH
OR GEAR SHIFT OPERATION BY THE OPERATOR AFTER THE DRIVE SYSTEM IS
ENGAGED WITH THE ENGINE OR MOTOR.
§ 2. Paragraph (a) of section 125 of the vehicle and traffic law, as
amended by chapter 365 of the laws of 2008, is amended to read as
follows:
(a) electrically-driven mobility assistance devices operated or driven
by a person with a disability, UNLESS SUCH MOBILITY DEVICE IS DETERMINED
BY THE COMMISSIONER TO BE A MOTOR-DRIVEN CYCLE,
§ 3. Section 2268 of the vehicle and traffic law, as added by chapter
869 of the laws of 1976, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01404-01-9
A. 967 2
§ 2268. Motor-assisted [vehicle] AND MOTOR-DRIVEN VEHICLES. [Notwith-
standing any other provision of this chapter, a]
1. A vehicle which is primarily designed to be propelled by human
power shall not be entitled to registration as a limited use vehicle
because of the addition of a motor. The commissioner shall determine
whether any vehicle is primarily designed to be propelled by human
power.
2. THE OPERATOR OF A MOTOR-DRIVEN CYCLE FOR COMMERCIAL PURPOSES SHALL
BE SUBJECT TO ALL OF THE PROVISIONS RELATING TO THE LEGAL OPERATION OF A
LIMITED USE VEHICLE AS PROVIDED IN THIS ARTICLE UNLESS OTHERWISE DETER-
MINED BY THE COMMISSIONER. THE COMMISSIONER IS AUTHORIZED AND DIRECTED
TO PROMULGATE RULES AND REGULATIONS FOR THE REGISTRATION, INSURING
LIMITED TO MINIMUM LIABILITY, AND LICENSING OF MOTOR-DRIVEN CYCLES FOR
COMMERCIAL PURPOSES, WHICH SHALL INCLUDE CRITERIA FOR THE SAFE OPERATION
OF MOTOR-DRIVEN CYCLES UPON THE PUBLIC HIGHWAYS AND PROCEDURES FOR IMPO-
SITION OF PENALTIES.
§ 4. The vehicle and traffic law is amended by adding a new article
34-D to read as follows:
ARTICLE 34-D
OPERATION OF MOTOR-DRIVEN CYCLES FOR
COMMERCIAL PURPOSES
SECTION 1280. REGISTRATION REQUIRED.
1281. NOTICE BY DEALERS.
1282. TRAFFIC LAWS.
1283. LICENSED OPERATOR.
1284. HAND AND ARM SIGNALS.
1285. CARRYING ARTICLES.
1286. PROTECTIVE HEAD GEAR.
1287. REFLECTIVE CLOTHING.
1288. RESTRICTIONS.
1289. PENALTIES.
§ 1280. REGISTRATION REQUIRED. PURSUANT TO THE PROVISIONS FOR REGIS-
TRATION IN SECTION TWENTY-TWO HUNDRED SIXTY-EIGHT OF THIS CHAPTER,
MOTOR-DRIVEN CYCLES USED FOR COMMERCIAL PURPOSES ARE REQUIRED TO BE
REGISTERED BY OWNERS BEFORE BEING OPERATED OR DRIVEN UPON A PUBLIC HIGH-
WAY.
§ 1281. NOTICE BY DEALERS. DEALERS SELLING MOTOR-DRIVEN CYCLES SHALL
PROVIDE A WRITTEN DISCLOSURE, PURSUANT TO THE COMMISSIONER'S REGU-
LATIONS, TO BE SIGNED BY THE BUYER AT TIME OF PURCHASE. SUCH DISCLOSURE
SHALL INCLUDE, BUT NOT BE LIMITED TO, A STATEMENT THAT, IN ACCORDANCE
WITH THE PROVISIONS OF THIS ARTICLE AND ANY OTHER APPLICABLE LAW, THE
OPERATOR OF A MOTOR-DRIVEN CYCLE FOR COMMERCIAL PURPOSES MUST BE A
LICENSED DRIVER IN ACCORDANCE WITH PROVISIONS OF THIS ARTICLE; A MOTOR-
DRIVEN CYCLE SHALL NOT BE OPERATED FOR COMMERCIAL PURPOSES ON A PUBLIC
HIGHWAY WITH A SPEED LIMIT IN EXCESS OF THIRTY-FIVE MILES PER HOUR;
OPERATORS MUST WEAR PROTECTIVE HEAD GEAR WHILE OPERATING A MOTOR-DRIVEN
CYCLE FOR COMMERCIAL PURPOSES; AND VIOLATION MAY SUBJECT THE OWNER
AND/OR OPERATOR TO PENALTIES INCLUDING FINES, THE ASSESSMENT OF POINTS
UPON AN OPERATOR'S DRIVING RECORD, AS WELL AS ALL OTHER CIVIL AND CRIMI-
NAL PENALTIES PERTAINING TO THE LICENSED OPERATION OF MOTOR VEHICLES.
§ 1282. TRAFFIC LAWS. EVERY PERSON OPERATING A MOTOR-DRIVEN CYCLE FOR
COMMERCIAL PURPOSES UPON A PUBLIC HIGHWAY SHALL BE GRANTED ALL OF THE
RIGHTS AND SHALL BE SUBJECT TO ALL OF THE DUTIES APPLICABLE TO THE OPER-
ATOR OF A MOTOR VEHICLE BY THIS TITLE, EXCEPT AS OTHERWISE PROVIDED IN
THIS ARTICLE AND EXCEPT AS TO THOSE PROVISIONS OF THIS TITLE WHICH BY
THEIR NATURE CAN HAVE NO APPLICATION.
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§ 1283. LICENSED OPERATOR. NO PERSON SHALL OPERATE A MOTOR-DRIVEN
CYCLE FOR COMMERCIAL PURPOSES ON A PUBLIC HIGHWAY UNLESS SUCH OPERATOR
HOLDS A VALID CLASS D OR DJ DRIVER LICENSE, OR A VALID DRIVER LICENSE
FROM ANOTHER STATE OR THE DOMINION OF CANADA.
§ 1284. HAND AND ARM SIGNALS. ALL DIRECTIONAL SIGNALS REQUIRED TO BE
GIVEN BY BICYCLISTS PURSUANT TO SECTION TWELVE HUNDRED THIRTY-SEVEN OF
THIS TITLE SHALL BE GIVEN BY OPERATORS OF MOTOR-DRIVEN CYCLES FOR
COMMERCIAL PURPOSES.
§ 1285. CARRYING ARTICLES. NO PERSON OPERATING A MOTOR-DRIVEN CYCLE
FOR COMMERCIAL PURPOSES UPON A PUBLIC HIGHWAY SHALL CARRY ANY PACKAGE,
BUNDLE OR ARTICLE WHICH PREVENTS THE OPERATOR FROM KEEPING AT LEAST ONE
HAND UPON THE HANDLE BARS OF THE MOTOR-DRIVEN CYCLE. NO PERSON OPERAT-
ING A MOTOR-DRIVEN CYCLE FOR COMMERCIAL PURPOSES SHALL CARRY ANY PACK-
AGE, BUNDLE OR ARTICLE WHICH OBSTRUCTS HIS OR HER VISION IN ANY DIREC-
TION.
§ 1286. PROTECTIVE HEAD GEAR. NO PERSON SHALL OPERATE A MOTORIZED
CYCLE FOR COMMERCIAL PURPOSES WITHOUT WEARING PROTECTIVE HEAD GEAR MEET-
ING STANDARDS ESTABLISHED BY THE COMMISSIONER. A COURT SHALL WAIVE ANY
FINE FOR WHICH A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION
WOULD BE LIABLE IF SUCH PERSON SUPPLIES THE COURT WITH PROOF THAT
BETWEEN THE DATE OF VIOLATION AND THE APPEARANCE DATE FOR SUCH VIOLATION
SUCH PERSON PURCHASED OR RENTED PROTECTIVE HEAD GEAR, WHICH MEETS THE
REGULATORY REQUIREMENTS AS DETERMINED BY THE COMMISSIONER. SUCH WAIVER
OF FINE SHALL NOT APPLY TO A SECOND OR SUBSEQUENT VIOLATION.
§ 1287. REFLECTIVE CLOTHING. NO PERSON SHALL OPERATE A MOTORIZED CYCLE
FOR COMMERCIAL PURPOSES ON A PUBLIC HIGHWAY DURING THE PERIOD OF TIME
BETWEEN ONE-HALF HOUR AFTER SUNSET AND ONE-HALF HOUR BEFORE SUNRISE
UNLESS SUCH PERSON IS WEARING READILY VISIBLE REFLECTIVE CLOTHING.
§ 1288. RESTRICTIONS. 1. NO PERSON SHALL OPERATE A MOTORIZED CYCLE FOR
COMMERCIAL PURPOSES ON ANY PUBLIC HIGHWAY:
(A) WITH A SPEED LIMIT IN EXCESS OF THIRTY-FIVE MILES PER HOUR,
PROVIDED THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT PROHIBIT THE
CROSSING OF A PUBLIC HIGHWAY WITH A SPEED LIMIT IN EXCESS OF THIRTY-FIVE
MILES PER HOUR WHERE SUCH HIGHWAY INTERSECTS WITH A HIGHWAY WITH A SPEED
LIMIT OF THIRTY-FIVE MILES PER HOUR OR LESS; OR
(B) ON WHICH, IN THE INTEREST OF PUBLIC SAFETY, A LOCAL AUTHORITY OR
THE DEPARTMENT OF TRANSPORTATION HAS PROHIBITED THE OPERATION OF MOTOR-
DRIVEN CYCLES.
2. NO PERSON SHALL OPERATE A MOTOR-DRIVEN CYCLE FOR COMMERCIAL
PURPOSES ON OR ACROSS A SIDEWALK, EXCEPT THAT SUCH VEHICLE MAY BE OPER-
ATED IN SUCH MANNER AS NOT TO INTERFERE WITH THE SAFETY AND PASSAGE OF
PEDESTRIANS WHO SHALL HAVE THE RIGHT OF WAY, AND WHEN TO DO SO IS
REASONABLE AND NECESSARY TO GAIN ACCESS TO A PUBLIC HIGHWAY, PRIVATE WAY
OR LANDS OR BUILDINGS ADJACENT TO SUCH HIGHWAY OR WAY.
§ 1289. PENALTIES. 1. VIOLATION OF THE PROVISIONS OF THIS ARTICLE
SHALL CONSTITUTE A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT LESS
THAN TWENTY-FIVE NOR MORE THAN ONE HUNDRED DOLLARS FOR EACH VIOLATION.
2. THE UNLAWFUL OPERATION OF A MOTOR-DRIVEN CYCLE FOR COMMERCIAL
PURPOSES THAT VIOLATES THE RULES OF THE ROAD FOR MOTOR VEHICLES UNDER
THIS TITLE SHALL RESULT IN THE SAME CIVIL AND CRIMINAL PENALTIES AS THE
UNLAWFUL OPERATION OF ALL OTHER MOTOR VEHICLES, INCLUDING BUT NOT LIMIT-
ED TO THE ASSESSMENT OF POINTS UPON THE OPERATOR'S DRIVING RECORD.
§ 5. Nothing in this act shall be deemed to limit the authority of a
county, city, town or village from adopting or amending a local law or
ordinance which imposes stricter restrictions and conditions on the
operation of motor-driven cycles than are provided or authorized by this
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act, so long as such local law or ordinance is consistent with its
authority to protect the order, conduct, health, safety and general
welfare of persons or property. Nothing in this act shall be deemed to
alter or invalidate any local law or ordinance already in effect as of
the effective date of this act.
§ 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the amendment, addition or repeal of any rule or regulation neces-
sary for the timely implementation of this act on its effective date are
hereby authorized and directed to be made on or before such effective
date.