S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    551
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the transportation law, in relation to  the  development
   of  regional  safety  plans  for  the use of electric scooters; and to
   amend the vehicle and traffic law, in relation to adding  an  electric
   scooter  safety  component  to  the  pre-licensing  driver's education
   course and restrictions on the use of  electric  scooters  in  certain
   municipalities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The transportation law is amended by adding a  new  section
 23 to read as follows:
   § 23. REGIONAL SAFETY PLANS; ELECTRIC SCOOTERS. 1. THE COMMISSIONER OF
 TRANSPORTATION,  IN  CONJUNCTION WITH THE COMMISSIONER OF MOTOR VEHICLES
 AND MUNICIPAL GOVERNMENTS, SHALL FORMULATE AND FROM TIME TO TIME  REVISE
 REGIONAL  SAFETY  PLANS  REGARDING  THE  USE  OF ELECTRIC SCOOTERS. SUCH
 REGIONAL SAFETY PLANS SHALL INCLUDE, BUT ARE NOT LIMITED TO:
   (A) IMPLEMENTATION OF A CURFEW ON THE OPERATION OF ELECTRIC SCOOTERS;
   (B) ALLOWANCE OF A TEMPORARY BAN ON THE OPERATION OF ELECTRIC SCOOTERS
 IN CERTAIN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, EXTREME  WEATHER
 OR AN EVENT CAUSING SIGNIFICANT PEDESTRIAN CROWDING;
   (C)  ESTABLISHMENT  OF ELECTRIC SCOOTER FREE ZONES FOR REASONS INCLUD-
 ING, BUT NOT LIMITED TO, PEDESTRIAN TRAFFIC, UNSAFE ROAD  CONDITIONS  OR
 OTHER PROHIBITIVE CONDITIONS;
   (D)  A  REQUIREMENT THAT ELECTRIC SCOOTER PROVIDERS AND MUNICIPALITIES
 EXPAND ELECTRIC SCOOTER PARKING FACILITIES AT THE COST OF SUCH  ELECTRIC
 SCOOTER PROVIDERS;
   (E) AN AGE REQUIREMENT FOR THE OPERATION OF ELECTRIC SCOOTERS; AND
   (F) A REQUIREMENT THAT AN ELECTRIC SCOOTER OPERATOR SHALL WEAR PROTEC-
 TIVE HEADGEAR MEETING STANDARDS ESTABLISHED BY THE COMMISSIONER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04379-01-1

 A. 551                              2
 
   2. THE COMMISSIONER OF TRANSPORTATION, IN CONJUNCTION WITH THE COMMIS-
 SIONER  OF MOTOR VEHICLES, SHALL SUBMIT ONE YEAR FOLLOWING THE EFFECTIVE
 DATE OF THIS SECTION, AND ANNUALLY  THEREAFTER,  A  REPORT  ON  ELECTRIC
 SCOOTER  USE AND SAFETY TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND
 THE TEMPORARY PRESIDENT OF THE SENATE. SUCH REPORT SHALL INCLUDE, BUT IS
 NOT LIMITED TO:
   (A)  AN  ANALYSIS  OF  ACCIDENTS INVOLVING ELECTRIC SCOOTERS AND MOTOR
 VEHICLES, PEDESTRIANS AND CYCLISTS;
   (B) AN ANALYSIS OF HOW ABLE ROADWAYS ARE TO  ACCOMMODATE  THE  USE  OF
 ELECTRIC SCOOTERS;
   (C)  THE  NUMBER  OF  ACCIDENTS INVOLVING THE OPERATION OF AN ELECTRIC
 SCOOTER THAT OCCUR AND THE INJURIES THAT HAVE BEEN SUSTAINED; AND
   (D) RECOMMENDATIONS FOR THE IMPROVEMENT OF THE REGIONAL  SAFETY  PLANS
 AND  ADDITIONAL LEGISLATIVE MEASURES THAT WOULD IMPROVE ELECTRIC SCOOTER
 SAFETY.
   3. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "ELECTRIC SCOOTER" SHALL INCLUDE EVERY DEVICE WEIGHING  LESS  THAN
 ONE  HUNDRED  POUNDS THAT (I) HAS HANDLEBARS AND AN ELECTRIC MOTOR, (II)
 IS POWERED BY THE ELECTRIC MOTOR AND/OR HUMAN POWER,  AND  (III)  HAS  A
 MAXIMUM  SPEED  OF  NO  MORE THAN TWENTY MILES PER HOUR ON A PAVED LEVEL
 SURFACE WHEN POWERED SOLELY BY THE ELECTRIC MOTOR.
   (B) "ELECTRIC SCOOTER PROVIDER" MEANS A PERSON OR ENTITY THAT  OFFERS,
 MAKES  AVAILABLE, OR PROVIDES AN ELECTRIC SCOOTER IN EXCHANGE FOR FINAN-
 CIAL COMPENSATION OR MEMBERSHIP VIA A DIGITAL APPLICATION OR OTHER ELEC-
 TRONIC OR DIGITAL PLATFORM.
   § 2. Subparagraph (i) of paragraph (a) and paragraphs (b) and  (d)  of
 subdivision  4 of section 502 of the vehicle and traffic law, as amended
 by chapter 513 of the laws of 2019, are  amended  and  a  new  paragraph
 (c-5) is added to read as follows:
   (i)  Upon  submission  of  an  application for a driver's license, the
 applicant shall be required to take and pass a test, or submit  evidence
 of  passage of a test, with respect to the laws relating to traffic, the
 laws relating to driving while ability is impaired and while  intoxicat-
 ed,  under the overpowering influence of "Road Rage", "Work Zone Safety"
 awareness and "Motorcycle Safety" awareness as defined  by  the  commis-
 sioner,  "School  Bus  Safety" awareness, the law relating to exercising
 due care to avoid colliding with a parked, stopped or  standing  author-
 ized  emergency  vehicle  or  hazard  vehicle pursuant to section eleven
 hundred forty-four-a of this chapter, the ability to read and comprehend
 traffic signs and symbols and such other matters as the commissioner may
 prescribe, and to satisfactorily complete a  course  prescribed  by  the
 commissioner  of  not less than four hours and not more than five hours,
 consisting of classroom driver training and highway  safety  instruction
 or  the  equivalent thereof.  SUCH TESTS SHALL INCLUDE ONE OR MORE QUES-
 TIONS CONCERNING ELECTRIC SCOOTER SAFETY. Such  test  shall  include  at
 least  seven  written questions concerning the effects of consumption of
 alcohol or drugs on the ability of a person to operate a  motor  vehicle
 and  the  legal  and financial consequences resulting from violations of
 section eleven hundred ninety-two of this chapter, prohibiting the oper-
 ation of a motor vehicle while under the influence of alcohol or  drugs.
 Such  test  shall  include  one or more written questions concerning the
 devastating effects of "Road Rage" on the ability of a person to operate
 a motor vehicle and the legal and financial consequences resulting  from
 assaulting, threatening or interfering with the lawful conduct of anoth-
 er person legally using the roadway. Such test shall include one or more

 A. 551                              3
 
 questions  concerning  the  potential  dangers  to persons and equipment
 resulting from the unsafe operation of a motor vehicle in a  work  zone.
 Such  test may include one or more questions concerning motorcycle safe-
 ty.  Such  test may include one or more questions concerning the law for
 exercising due care to avoid colliding with a parked, stopped or  stand-
 ing  vehicle  pursuant  to  section  eleven hundred forty-four-a of this
 chapter. Such test may include one or more questions  concerning  school
 bus  safety.  Such  test  shall be administered by the commissioner. The
 commissioner shall cause the applicant to take a vision test and a  test
 for  color  blindness.  Upon passage of the vision test, the application
 may be accepted and the application fee shall be payable.
   (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, a "Motorcycle Safety" awareness
 component as described in paragraph (c-3) of  this  subdivision,  and  a
 "School  Bus Safety" awareness component as described in paragraph (c-4)
 of this subdivision AND AN "ELECTRIC SCOOTER SAFETY" AWARENESS COMPONENT
 AS DESCRIBED IN PARAGRAPH (C-5) OF  THIS  SUBDIVISION  the  commissioner
 shall  cause the applicant to take a road test in a representative vehi-
 cle 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. 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 appli-
 cants  to obtain a class A, B or C license. If she chooses to do so, she
 shall set forth her reasons in writing and conduct a public  hearing  on
 the  matter.   She shall only establish such a program after holding the
 public hearing.
   (C-5) "ELECTRIC SCOOTER" COMPONENT. (I) THE COMMISSIONER SHALL PROVIDE
 IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVI-
 SION, A MANDATORY COMPONENT IN "ELECTRIC SCOOTER SAFETY" EDUCATION AS  A
 PREREQUISITE  FOR  OBTAINING  A  LICENSE TO OPERATE A MOTOR VEHICLE. THE
 PURPOSE OF THE COMPONENT IS TO  EDUCATE  PROSPECTIVE  LICENSEES  ON  THE
 POTENTIAL  DANGERS  TO ELECTRIC SCOOTER OPERATORS CREATED BY MOTOR VEHI-
 CLES.
   (II) THE COMMISSIONER SHALL ESTABLISH A CURRICULUM FOR  THE  "ELECTRIC
 SCOOTER  SAFETY"  AWARENESS  COMPONENT  WHICH  SHALL  INCLUDE BUT NOT BE
 LIMITED TO: SAFELY PASSING AN ELECTRIC SCOOTER  OPERATOR  ON  THE  ROAD,
 SPECIAL  CONSIDERATIONS  WHILE  DRIVING IN URBAN AREAS, BICYCLE LANES AS
 DEFINED IN SECTION ONE HUNDRED TWO-A OF THIS CHAPTER AND  OTHER  ROADWAY
 DESIGNS  EMPLOYED  IN  NEW YORK STATE FOR THE SAFETY OF ELECTRIC SCOOTER
 OPERATORS, HOW TO NAVIGATE AN INTERSECTION WITH ELECTRIC SCOOTER  OPERA-
 TORS,  EXITING A VEHICLE WITHOUT ENDANGERING ELECTRIC SCOOTER OPERATORS,
 THE REQUIREMENT THAT DRIVERS EXERCISE DUE CARE TO AVOID  COLLISION  WITH
 AN  ELECTRIC  SCOOTER  OPERATOR  ON  THE ROAD PURSUANT TO SECTION ELEVEN
 HUNDRED FORTY-SIX OF THIS CHAPTER.
   (III) IN DEVELOPING SUCH CURRICULUM, THE  COMMISSIONER  SHALL  CONSULT
 WITH THE COMMISSIONER OF TRANSPORTATION, THE COMMISSIONER OF TRANSPORTA-
 TION OF THE CITY OF NEW YORK AND ELECTRIC SCOOTER ADVOCATES.
   (d) The commissioner shall make available for distribution upon regis-
 tration  at  each location where the pre-licensing course will be given,
 instructional handbooks outlining the content of the  entire  curriculum

 A. 551                              4
 
 of  the  pre-licensing  course  including the information required to be
 included in the course pursuant to paragraphs (c), (c-1),  (c-2),  (c-3)
 [and],  (c-4) AND (C-5) of this subdivision. The commissioner shall also
 provide for the additional training of the instructors necessary for the
 competent  instruction  of  the  alcohol and drug education, "Road Rage"
 awareness, "Work Zone Safety" awareness, "Motorcycle  Safety"  awareness
 [and],  "School  Bus  Safety"  awareness  and  "ELECTRIC SCOOTER SAFETY"
 AWARENESS subject matters of the pre-licensing course.
   § 3.  The vehicle and traffic law is amended by adding a  new  section
 1290 to read as follows:
   §  1290. RESTRICTIONS ON THE OPERATION OF ELECTRIC SCOOTERS IN CERTAIN
 MUNICIPALITIES. 1.  NO PERSON SHALL OPERATE AN  ELECTRIC  SCOOTER  IN  A
 MUNICIPALITY THAT HAS NOT IMPLEMENTED A REGIONAL SAFETY PLAN PURSUANT TO
 SECTION TWENTY-THREE OF THE TRANSPORTATION LAW.
   2.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY NO PERSON
 SHALL OPERATE AN ELECTRIC SCOOTER IN THE BOROUGH  OF  MANHATTAN  IN  THE
 CITY OF NEW YORK.
   § 4.  This act shall take effect immediately.