NY State Senate Bill 2019-S66

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Feb 11, 2019	committee discharged and committed to transportation
Jan 09, 2019	referred to crime victims, crime and correction

2019-S66 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 48-D §§2500 - 2507, amd §501, V & T L
Versions Introduced in 2017-2018 Legislative Session:: S7857

2019-S66 (ACTIVE) - Summary

Requires the registration of autocycles, which are three-wheeled motor vehicles that have a steering wheel and seating which does not require the operator to sit with a leg on either side of the seat; provides for the repeal of such provisions upon expiration thereof.

2019-S66 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S66

SPONSOR: ROBACH
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the registration and operation of autocycles; and providing
for the repeal of such provisions upon expiration thereof

 
PURPOSE:

The purpose of this bill is to amend the vehicle and traffic law to
update requirements related to the registration and operation of autocy-
cles, three-wheeled motor vehicles that are widely available in New York
State.

 
SUMMARY OF PROVISIONS:

Section one of the bill would amend the Vehicle and Traffic Law to add a
new article 48-D, entitled Registiation of Autocycles, which would
establish the following:

*New S 2500 which defines "autocycle" as a three-wheeled motor vehicle

with a steering wheel and non-straddle seat and is compliant with feder-
al safety standards for motorcycles; and "dealer" as any a person who
sells autocycles at wholesale or retail.

*New § 2501 which provides that the registration, registration fees,
carrying certificate requirements and the recognition of out-of-state
registrations for autocycles shall be the same as for motorcycles.

*New § 2502 which provides that the revocation and suspension of an
autocycle registration shall be in accordance with the requirements for
the suspension and revocation of a motorcycle registration.

*New § 2503 which requires that an autocycle license plate shall be
displayed on such vehicle, whether one or two plates shall be required
will be determined by the Commissioner of Motor Vehicles, and that deal-
ers shall have license plate obligations.

*New § 2504 which establishes the equipment for an autocycle shall be in
compliance with federal safety and state law requirements for motorcy-
cles provided that autocycle operators shall be required to wear a
helmet with goggles or a faceshield and have a rearview mirror unless
the Commissioner provides different equipment requirements for different
types of autocycles. This section also subjects autocycles to motor
vehicle inspections, although the Commissioner is permitted to provide
different inspection procedures for different autocycles.  Autocycles
shall further be subject to the insurance requirements for motorcycles.

*New § 2505 which provides that dealers of autocycles shall have a deal-
er registration and keep records regarding the sale of an autocycle, and
that the autocycle shall have a vehicle identification number before it
may be sold.

*New § 2506 which provides that fire and police vehicles are exempt from
the requirement of the bill, but that the operator must be licensed.

§ 2 of the bill would require the operator of an autocycle to have a
Class D driver's license and that a Class M endorsement, which is neces-

sary to operate a motorcycle, shall not be required to operate an auto-
cycle.

 
JUSTIFICATION:

Autocycles are a recent development in the motor vehicle market. An
autocycle is a three-wheeled motorcycle that has two wheels in the front
of the vehicle and one in the back, a steering wheel and a bucket seat
that allows the operator to sit within the vehicle and not to straddle
or sit astride during operation. Under federal and New York state laws,
autocycles are classified as motorcycles because they have less than
four wheels and have other equipment and safety features consistent with
motorcycles. However, operation of an autocycle is like that of an auto-
mobile, since the operator sits in the autocycle, steers with a steering
wheel, and uses pedals (gas, brake and clutch) during operation of the
autocycle. It is for these reasons that 30 states regulate autocycles as
motorcycles for registration purposes while allowing operators with an
automobile driver's license to operate the vehicle.

This bill would make New York's law consistent with the majority of
other states and would eliminate the need for New York operators to have
a motorcycle license, as is currently required, in order to test drive
or otherwise operate an autocycle. The bill would also mandate the type
of equipment required, including a helmet with goggles or a faceshield,
unless the Commissioner of Motor Vehicles determines such other equip-
ment is appropriate. The bill would further provide broad regulatory
authority over the sale, registration, insurance, and all other elements
necessary to safely and lawfully operate autocycles in New York and
would ensure the Commissioner of Motor Vehicles has the authority to
regulate such vehicles.

New York law has been amended over the years to reflect the availability
of new types of motor vehicles - from all-terrain vehicles to limited
use automobiles. This bill would further that regulatory approach to the
newest vehicle on the market, the autocycle. In doing so, state law
would ensure the equipment; operation and safety of autocycles are to
the highest standards and are in accordance with the regulatory authori-
ty vested in the Commissioner.

 
LEGISLATIVE HISTORY:

Passed Senate in 2018

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The act shall take effect 180 days after having become a law and be
deemed released five years after such date.

2019-S66 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    66
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 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
 SUCH AUTOCYCLE HAS BEEN REGISTERED IN ACCORDANCE WITH ARTICLE FIFTEEN OF

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05151-01-9

 S. 66                               2
 
 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
 MOTORCYCLE. THE EQUIPMENT AND OPERATOR OF AN AUTOCYCLE SHALL BE  SUBJECT

 S. 66                               3
 
 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
 C  limited  use  motorcycle,  a vehicle used to transport passengers for

 S. 66                               4
 
 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.

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Senate Bill S66

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2019-S66 (ACTIVE) - Details

2019-S66 (ACTIVE) - Summary

2019-S66 (ACTIVE) - Sponsor Memo

2019-S66 (ACTIVE) - Bill Text download pdf

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Sponsored By

Joseph E. Robach

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2019-S66 (ACTIVE) - Details

2019-S66 (ACTIVE) - Summary

2019-S66 (ACTIVE) - Sponsor Memo

2019-S66 (ACTIVE) - Bill Text download pdf

Comments