Assembly Bill A9886

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9886
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   a  bicycle with electric assist and electric scooter operator's safety
   manual and licensing requirement in a city with a  population  of  one
   million or more

   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 12-E to read as follows:
                               ARTICLE 12-E
                               NEW YORK CITY
                       BICYCLE WITH ELECTRIC ASSIST
         AND ELECTRIC SCOOTER SAFETY EDUCATION COURSE AND LICENSE
 SECTION  399-U. BICYCLE WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER OPERA-
                  TOR'S SAFETY MANUAL.
         399-V. LICENSE FOR THE OPERATION  OF  A  BICYCLE  WITH  ELECTRIC
                  ASSIST AND ELECTRIC SCOOTER.
         399-W. RULES AND REGULATIONS.
   §  399-U. BICYCLE WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER OPERATOR'S
 SAFETY MANUAL. THE COMMISSIONER SHALL DEVELOP AND PUBLISH A BICYCLE WITH
 ELECTRIC ASSIST AND ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL THAT SHALL
 BE  AVAILABLE  FOR  DISTRIBUTION  AND  ACCESSIBLE  ON  THE  DEPARTMENT'S
 WEBSITE.  THE MANUAL SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
   (A)  AN  OVERVIEW  OF  TRAFFIC  LAWS  GOVERNING BICYCLES WITH ELECTRIC
 ASSIST AND ELECTRIC SCOOTERS;
   (B) THE SAFE OPERATION OF BICYCLES WITH ELECTRIC ASSIST  AND  ELECTRIC
 SCOOTERS;
   (C)  BICYCLE  LANES  AS  DEFINED  IN SECTION ONE HUNDRED TWO-A OF THIS
 CHAPTER; AND
   (D) OBLIGATIONS TO COMPLY WITH TRAFFIC CONTROL  DEVICES  AND  MARKINGS
 RELATED  TO  BICYCLES  WITH ELECTRIC ASSIST  OPERATORS, ELECTRIC SCOOTER
 OPERATORS AND PEDESTRIANS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15318-01-2
              

 A. 9886                             2
 
   § 399-V. LICENSE FOR THE OPERATION OF A BICYCLE WITH  ELECTRIC  ASSIST
 AND  ELECTRIC SCOOTER.   1. UPON SUCCESSFUL COMPREHENSION OF THE BICYCLE
 WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER OPERATOR'S  SAFETY  MANUAL,  A
 RESIDENT  OF  A  CITY  WITH A POPULATION OF ONE MILLION OR MORE MAY THEN
 MAKE  AN APPLICATION TO RECEIVE A LICENSE FOR THE OPERATION OF A BICYCLE
 WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER.
   2. (A) AN APPLICATION FOR SUCH LICENSE SHALL BE MADE  TO  THE  COMMIS-
 SIONER AND SHALL REQUIRE AN APPLICANT TO FURNISH PROOF OF IDENTITY, AGE,
 FITNESS  AND  ANY  OTHER  INFORMATION REQUIRED BY THE COMMISSIONER. SUCH
 APPLICATION MAY ALSO REQUIRE A PHOTOGRAPHIC IMAGE OF THE APPLICANT.
   (B) A NOMINAL FEE MAY BE PRESCRIBED BY THE COMMISSIONER FOR THE  ISSU-
 ANCE, RENEWAL AND AMENDMENT OF A LICENSE.
   (C) A LICENSE SHALL BE VALID FROM THE DATE OF ISSUANCE UNTIL A DATE OF
 EXPIRATION AS DETERMINED BY THE COMMISSIONER.
   § 399-W. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH
 RULES  AND  REGULATIONS AS ARE NECESSARY TO EFFECTUATE THE PROVISIONS OF
 THIS ARTICLE. IN ADDITION TO ANY REQUIREMENTS  EXPRESSLY  AUTHORIZED  BY
 THIS ARTICLE, SUCH REGULATIONS MAY INCLUDE, BUT NOT BE LIMITED TO, VALI-
 DATING  THAT  A PERSON HAS READ AND COMPREHENDS THE DEPARTMENT'S BICYCLE
 WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL.
   § 2. Subdivision 1 of section 504 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (a-2) to read as follows:
   (A-2)  EVERY LICENSE OR RENEWAL THEREOF ISSUED TO AN APPLICANT WHO HAS
 A LICENSE FOR THE OPERATION OF A BICYCLE WITH ELECTRIC ASSIST AND  ELEC-
 TRIC  SCOOTER  IN  A  CITY  WITH A POPULATION OF ONE MILLION OR MORE AND
 AFTER SUBMISSION OF PROOF AS SET FORTH IN THIS PARAGRAPH SHALL CONTAIN A
 DISTINGUISHING MARK, IN SUCH FORM AS THE COMMISSIONER  SHALL  DETERMINE,
 INDICATING  THAT  HE  OR  SHE  HAS READ AND COMPREHENDS THE BICYCLE WITH
 ELECTRIC ASSIST AND ELECTRIC SCOOTER OPERATOR'S  SAFETY  MANUAL.    SUCH
 PROOF  SHALL  CONSIST  OF  A LICENSE FOR THE OPERATION OF A BICYCLE WITH
 ELECTRIC ASSIST AND  ELECTRIC  SCOOTER  THAT  IS  PROVIDED  PURSUANT  TO
 SECTION  THREE  HUNDRED  NINETY-NINE-V OF THIS CHAPTER. THE COMMISSIONER
 SHALL NOT REQUIRE FEES FOR THE ISSUANCE OF  SUCH  LICENSES  OR  RENEWALS
 THEREOF  CONTAINING  A BICYCLE WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER
 OPERATOR'S SAFETY MANUAL COMPREHENSION  DISTINGUISHING  MARK  WHICH  ARE
 DIFFERENT FROM FEES OTHERWISE REQUIRED; PROVIDED, HOWEVER, THAT NOTWITH-
 STANDING  THE  PROVISIONS  OF  THIS  SECTION, THE COMMISSIONER SHALL NOT
 REQUIRE FEES FOR A DUPLICATION OR AMENDMENT OF A LICENSE  PRIOR  TO  ITS
 RENEWAL  IF  SUCH DUPLICATION OR AMENDMENT WAS SOLELY FOR THE PURPOSE OF
 ADDING A BICYCLE WITH ELECTRIC ASSIST AND  ELECTRIC  SCOOTER  OPERATOR'S
 SAFETY MANUAL COMPREHENSION DISTINGUISHING MARK TO SUCH LICENSE.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 1244 to read as follows:
   § 1244. OPERATION OF A BICYCLE  WITH  ELECTRIC  ASSIST  IS  PROHIBITED
 WITHOUT  A  LICENSE.  NO  PERSON  SHALL  OPERATE A BICYCLE WITH ELECTRIC
 ASSIST ON A PUBLIC ROADWAY IN A CITY WITH A POPULATION OF ONE MILLION OR
 MORE UNLESS THE OPERATOR IS A HOLDER OF A LICENSE FOR THE OPERATION OF A
 BICYCLE WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER ISSUED TO HIM  OR  HER
 PURSUANT TO ARTICLE TWELVE-E OF THIS CHAPTER.
   §  4.  The  vehicle and traffic law is amended by adding a new section
 1290 to read as follows:
   § 1290. OPERATION OF AN  ELECTRIC  SCOOTER  IS  PROHIBITED  WITHOUT  A
 LICENSE. NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER ON A PUBLIC ROADWAY
 IN  A  CITY WITH A POPULATION OF ONE MILLION OR MORE UNLESS THE OPERATOR
 IS A HOLDER OF A LICENSE FOR THE OPERATION OF A  BICYCLE  WITH  ELECTRIC
 A. 9886                             3
 
 ASSIST  AND  ELECTRIC  SCOOTER  ISSUED TO HIM OR HER PURSUANT TO ARTICLE
 TWELVE-E OF THIS CHAPTER.
   § 5. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.