S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4580
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
   relation  to the registration and operation of autocycles; and provid-
   ing 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
 THIS CHAPTER, THE REGISTRATION FOR SUCH AUTOCYCLE IS IN FULL  FORCE  AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05151-02-9
              

 S. 4580                             2
 
 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
 TO  THE REQUIREMENTS OF SUBDIVISIONS SIX, SEVEN, NINE, NINE-A AND TEN OF

 S. 4580                             3
 
 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
 hire  or  for  which a hazardous materials endorsement is required, or a

 S. 4580                             4
 
 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. Subsection (f) of section 5102 of the insurance law is amended to
 read as follows:
   (f) "Motor vehicle" means a motor vehicle as defined in section  three
 hundred eleven of the vehicle and traffic law and also includes fire and
 police  vehicles. It shall not include any motor vehicle not required to
 carry financial security pursuant to article six, eight or forty-eight-A
 of the vehicle and traffic law or a motorcycle, as defined in subsection
 (m) [hereof] OF THIS SECTION OR AN  AUTOCYCLE,  AS  DEFINED  IN  SECTION
 TWENTY-FIVE HUNDRED OF THE VEHICLE AND TRAFFIC LAW.
   § 4. 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4580--A
     Cal. No. 1076
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading

 AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
   relation to the operation of a three-wheeled vehicle
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs (iv) and (vii) 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,  subparagraph  (vii)  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 or any truck with a GVWR of not more than twen-
 ty-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 twenty-six  thousand
 pounds,  or  any personal use vehicle with a GVWR of not more than twen-
 ty-six thousand pounds or any such vehicle towing a vehicle 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 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.
 SUCH LICENSE ALSO SHALL BE VALID TO OPERATE A THREE-WHEELED MOTOR  VEHI-
 CLE  THAT  HAS  A  STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE
 OPERATOR TO STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY  BELTS  FOR
 ALL  OCCUPANTS  AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05151-08-9

 S. 4580--A                          2
 
 SAFETY STANDARDS FOR MOTORCYCLES  INCLUDING,  BUT  NOT  LIMITED  TO,  49
 C.F.R. PART 571.
   (vii)  Class M. Such license shall be valid to operate any motorcycle,
 or any motorcycle, other than a limited use motorcycle, towing a  trail-
 er.  SUCH  LICENSE  ALSO SHALL BE VALID TO OPERATE A THREE-WHEELED MOTOR
 VEHICLE THAT HAS A STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE
 OPERATOR TO STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY  BELTS  FOR
 ALL  OCCUPANTS  AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE
 SAFETY STANDARDS FOR MOTORCYCLES  INCLUDING,  BUT  NOT  LIMITED  TO,  49
 C.F.R. PART 571.
   §  2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and
 traffic law, as amended by chapter 355 of the laws of 2017,  is  amended
 to read as follows:
   (b)  Upon successful completion of the requirements set forth in para-
 graph (a) of this subdivision which shall include an  alcohol  and  drug
 education component as described in paragraph (c) of this subdivision, a
 "Road  Rage" awareness component as described in paragraph (c-1) of this
 subdivision and a "Work Zone Safety" awareness component as described in
 paragraph (c-2) of this subdivision, and a "Motorcycle Safety" awareness
 component as described  in  paragraph  (c-3)  of  this  subdivision  the
 commissioner  shall  cause the applicant to take a road test in a repre-
 sentative vehicle of a type prescribed by the commissioner  which  shall
 be  appropriate  to  the  type of license for which application is made,
 except that the commissioner may waive the road  test  requirements  for
 certain  classes of applicants. PROVIDED, HOWEVER, THAT THE TERM "REPRE-
 SENTATIVE VEHICLE" SHALL NOT INCLUDE A THREE-WHEELED MOTOR VEHICLE  THAT
 HAS  A STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE OPERATOR TO
 STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY BELTS FOR ALL OCCUPANTS
 AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE  SAFETY  STAND-
 ARDS  FOR MOTORCYCLES INCLUDING, BUT NOT LIMITED TO, 49 C.F.R. PART 571.
 The commissioner shall have the power to establish a  program  to  allow
 persons  other than employees of the department to conduct road tests in
 representative vehicles when such tests are required for  applicants  to
 obtain  a  class A, B or C license. If HE OR she chooses to do so, HE OR
 she shall set forth HIS OR her reasons in writing and conduct  a  public
 hearing  on  the  matter.  [She]  HE  OR SHE shall only establish such a
 program after holding the public hearing.
   § 3. Paragraph (a) of subdivision 4 of section 1229-c of  the  vehicle
 and  traffic  law,  as  amended  by  chapter 448 of the laws of 2015, is
 amended to read as follows:
   (a) "motor  vehicle"  shall  include  all  motor  vehicles  which  are
 required  by section three hundred eighty-three of this chapter or regu-
 lation or would be required if such motor vehicle were registered in New
 York state to be equipped by a safety belt [but], PROVIDED HOWEVER, THAT
 FOR PURPOSES OF THIS SECTION,  "MOTOR  VEHICLE"  SHALL  ALSO  INCLUDE  A
 THREE-WHEELED  MOTOR VEHICLE THAT HAS A STEERING WHEEL AND SEATING WHICH
 DOES NOT REQUIRE THE OPERATOR TO STRADDLE OR SIT  ASTRIDE,  IS  EQUIPPED
 WITH  SAFETY  BELTS FOR ALL OCCUPANTS AND IS MANUFACTURED TO COMPLY WITH
 FEDERAL MOTOR VEHICLE SAFETY STANDARDS FOR MOTORCYCLES,  INCLUDING,  BUT
 NOT LIMITED TO, 49 C.F.R. PART 571. FOR PURPOSES OF THIS SECTION, "MOTOR
 VEHICLE"  shall  not  include  those  vehicles  which are used as school
 buses, as such term is defined in section one hundred forty-two of  this
 chapter  and  those vehicles which are authorized emergency vehicles, as
 such term is defined  in  section  one  hundred  one  of  this  chapter,
 provided,  however,  that  for purposes of this section, "motor vehicle"
 shall also include fire vehicles owned and/or operated by a fire company

 S. 4580--A                          3
 
 as defined by subdivision two of section  one  hundred  of  the  general
 municipal  law and ambulances owned and/or operated by a voluntary ambu-
 lance service as defined by subdivision three of section one hundred  of
 the general municipal law;
   § 4. Subsection (f) of section 5102 of the insurance law is amended to
 read as follows:
   (f) "Motor  vehicle" means a motor vehicle as defined in section three
 hundred eleven of the vehicle and traffic law and also includes fire and
 police vehicles, AS WELL AS A THREE-WHEELED MOTOR  VEHICLE  THAT  HAS  A
 STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE OPERATOR TO STRAD-
 DLE  OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY BELTS FOR ALL OCCUPANTS, IS
 MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE SAFETY  STANDARDS  FOR
 MOTORCYCLES  INCLUDING,  BUT  NOT LIMITED TO 49 CFR PART 571, AND CAN BE
 OPERATED WITH A CLASS D DRIVER'S LICENSE.   It  shall  not  include  any
 motor vehicle not required to carry financial security pursuant to arti-
 cle  six,  eight  or  forty-eight-A  of the vehicle and traffic law or a
 motorcycle, as defined in subsection (m) hereof.
   § 5. This act shall take effect immediately, provided,  however,  that
 section  four of this act shall take effect one year after it shall have
 become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4580--B
     Cal. No. 1076
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading -- again amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN  ACT  to  amend the vehicle and traffic law and the insurance law, in
   relation to the operation of a three-wheeled vehicle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraphs (iv) and (vii) 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, subparagraph (vii) 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 or any truck with a GVWR of not more  than  twen-
 ty-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 twenty-six thousand
 pounds, or any personal use vehicle with a GVWR of not more  than  twen-
 ty-six  thousand pounds or any such vehicle towing a vehicle 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 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.
 SUCH  LICENSE ALSO SHALL BE VALID TO OPERATE A THREE-WHEELED MOTOR VEHI-
 CLE THAT HAS A STEERING WHEEL AND SEATING WHICH  DOES  NOT  REQUIRE  THE
 OPERATOR  TO  STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY BELTS FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05151-10-9

 S. 4580--B                          2
 
 ALL OCCUPANTS AND IS MANUFACTURED TO COMPLY WITH FEDERAL  MOTOR  VEHICLE
 SAFETY  STANDARDS  FOR  MOTORCYCLES  INCLUDING,  BUT  NOT LIMITED TO, 49
 C.F.R. PART 571.
   (vii)  Class M. Such license shall be valid to operate any motorcycle,
 or any motorcycle, other than a limited use motorcycle, towing a  trail-
 er.  SUCH  LICENSE  ALSO SHALL BE VALID TO OPERATE A THREE-WHEELED MOTOR
 VEHICLE THAT HAS A STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE
 OPERATOR TO STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY  BELTS  FOR
 ALL  OCCUPANTS  AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE
 SAFETY STANDARDS FOR MOTORCYCLES  INCLUDING,  BUT  NOT  LIMITED  TO,  49
 C.F.R. PART 571.
   §  2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and
 traffic law, as amended by chapter 355 of the laws of 2017,  is  amended
 to read as follows:
   (b)  Upon successful completion of the requirements set forth in para-
 graph (a) of this subdivision which shall include an  alcohol  and  drug
 education component as described in paragraph (c) of this subdivision, a
 "Road  Rage" awareness component as described in paragraph (c-1) of this
 subdivision and a "Work Zone Safety" awareness component as described in
 paragraph (c-2) of this subdivision, and a "Motorcycle Safety" awareness
 component as described  in  paragraph  (c-3)  of  this  subdivision  the
 commissioner  shall  cause the applicant to take a road test in a repre-
 sentative vehicle of a type prescribed by the commissioner  which  shall
 be  appropriate  to  the  type of license for which application is made,
 except that the commissioner may waive the road  test  requirements  for
 certain  classes of applicants. PROVIDED, HOWEVER, THAT THE TERM "REPRE-
 SENTATIVE VEHICLE" SHALL NOT INCLUDE A THREE-WHEELED MOTOR VEHICLE  THAT
 HAS  A STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE OPERATOR TO
 STRADDLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY BELTS FOR ALL OCCUPANTS
 AND IS MANUFACTURED TO COMPLY WITH FEDERAL MOTOR VEHICLE  SAFETY  STAND-
 ARDS  FOR MOTORCYCLES INCLUDING, BUT NOT LIMITED TO, 49 C.F.R. PART 571.
 The commissioner shall have the power to establish a  program  to  allow
 persons  other than employees of the department to conduct road tests in
 representative vehicles when such tests are required for  applicants  to
 obtain  a  class A, B or C license. If HE OR she chooses to do so, HE OR
 she shall set forth HIS OR her reasons in writing and conduct  a  public
 hearing  on  the  matter.  [She]  HE  OR SHE shall only establish such a
 program after holding the public hearing.
   § 3. Paragraph (a) of subdivision 4 of section 1229-c of  the  vehicle
 and  traffic  law,  as  amended  by  chapter 448 of the laws of 2015, is
 amended to read as follows:
   (a) "motor  vehicle"  shall  include  all  motor  vehicles  which  are
 required  by section three hundred eighty-three of this chapter or regu-
 lation or would be required if such motor vehicle were registered in New
 York state to be equipped by a safety belt [but], PROVIDED HOWEVER, THAT
 FOR PURPOSES OF THIS SECTION,  "MOTOR  VEHICLE"  SHALL  ALSO  INCLUDE  A
 THREE-WHEELED  MOTOR VEHICLE THAT HAS A STEERING WHEEL AND SEATING WHICH
 DOES NOT REQUIRE THE OPERATOR TO STRADDLE OR SIT  ASTRIDE,  IS  EQUIPPED
 WITH  SAFETY  BELTS FOR ALL OCCUPANTS AND IS MANUFACTURED TO COMPLY WITH
 FEDERAL MOTOR VEHICLE SAFETY STANDARDS FOR MOTORCYCLES,  INCLUDING,  BUT
 NOT LIMITED TO, 49 C.F.R. PART 571. FOR PURPOSES OF THIS SECTION, "MOTOR
 VEHICLE"  shall  not  include  those  vehicles  which are used as school
 buses, as such term is defined in section one hundred forty-two of  this
 chapter  and  those vehicles which are authorized emergency vehicles, as
 such term is defined  in  section  one  hundred  one  of  this  chapter,
 provided,  however,  that  for purposes of this section, "motor vehicle"

 S. 4580--B                          3
 
 shall also include fire vehicles owned and/or operated by a fire company
 as defined by subdivision two of section  one  hundred  of  the  general
 municipal  law and ambulances owned and/or operated by a voluntary ambu-
 lance  service as defined by subdivision three of section one hundred of
 the general municipal law;
   § 4. Subsection (f) of section 5102 of the insurance law is amended to
 read as follows:
   (f) "Motor vehicle" means a motor vehicle as defined in section  three
 hundred eleven of the vehicle and traffic law and also includes fire and
 police  vehicles,  AS  WELL  AS A THREE-WHEELED MOTOR VEHICLE THAT HAS A
 STEERING WHEEL AND SEATING WHICH DOES NOT REQUIRE THE OPERATOR TO STRAD-
 DLE OR SIT ASTRIDE, IS EQUIPPED WITH SAFETY BELTS FOR ALL OCCUPANTS,  IS
 MANUFACTURED  TO  COMPLY WITH FEDERAL MOTOR VEHICLE SAFETY STANDARDS FOR
 MOTORCYCLES INCLUDING, BUT NOT LIMITED TO 49 CFR PART 571,  IS  EQUIPPED
 WITH  A  WINDSHIELD  AND  HAS  A FULL TOP AND SIDE ENCLOSURES CAPABLE OF
 SUPPORTING THE VEHICLE'S WEIGHT AND PROTECTING THE  OCCUPANTS  WHEN  THE
 VEHICLE IS RESTING ON THE ENCLOSURES, AND CAN BE OPERATED WITH A CLASS D
 DRIVER'S  LICENSE.   It shall not include any motor vehicle not required
 to carry financial security pursuant to article  six,  eight  or  forty-
 eight-A  of  the  vehicle and traffic law or a motorcycle, as defined in
 subsection (m) hereof.
   § 5. This act shall take effect immediately, provided,  however,  that
 section  four of this act shall take effect one year after it shall have
 become a law.