S T A T E O F N E W Y O R K
________________________________________________________________________
7204
2021-2022 Regular Sessions
I N S E N A T E
June 7, 2021
___________
Introduced by Sen. FELDER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the vehicle and traffic law, in relation to establishing
a bicycle and electric scooter operator's safety manual and licensing
requirement
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
BICYCLE AND ELECTRIC SCOOTER SAFETY EDUCATION COURSE AND LICENSE
SECTION 399-U. BICYCLE AND ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL.
399-V. LICENSE FOR THE OPERATION OF A BICYCLE, BICYCLE WITH ELECTRIC
ASSIST AND ELECTRIC SCOOTER.
399-W. RULES AND REGULATIONS.
§ 399-U. BICYCLE AND ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL. THE
COMMISSIONER SHALL DEVELOP AND PUBLISH A BICYCLE 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, BICYCLES WITH
ELECTRIC ASSIST AND ELECTRIC SCOOTERS;
(B) THE SAFE OPERATION OF BICYCLES, 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 BICYCLISTS, ELECTRIC SCOOTER OPERATORS AND PEDESTRIANS.
§ 399-V. LICENSE FOR THE OPERATION OF A BICYCLE, BICYCLE WITH ELECTRIC
ASSIST AND ELECTRIC SCOOTER. 1. UPON SUCCESSFUL COMPREHENSION OF THE
BICYCLE AND ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL, A RESIDENT MAY
THEN MAKE AN APPLICATION TO RECEIVE A LICENSE FOR THE OPERATION OF A
BICYCLE, BICYCLE WITH ELECTRIC ASSIST AND ELECTRIC SCOOTER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08683-03-1
S. 7204 2
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 THE DEPARTMENT'S BICY-
CLE 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, BICYCLE WITH ELECTRIC ASSIST
AND ELECTRIC SCOOTER 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 AND ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL.
SUCH PROOF SHALL CONSIST OF A LICENSE FOR THE OPERATION OF A BICYCLE,
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 AND ELECTRIC SCOOTER OPERATOR'S
SAFETY MANUAL COMPREHENSION DISTINGUISHING MARK WHICH ARE DIFFERENT FROM
FEES OTHERWISE REQUIRED; PROVIDED, HOWEVER, THAT NOTWITHSTANDING 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
AND ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL COMPREHENSION DISTINGUISH-
ING 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 OR BICYCLE WITH ELECTRIC ASSIST IS
PROHIBITED WITHOUT A LICENSE. NO PERSON SHALL OPERATE A BICYCLE OR BICY-
CLE 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, BICYCLE WITH ELECTRIC ASSIST AND ELECTRIC
SCOOTER ISSUED TO HIM OR HER PURSUANT TO ARTICLE TWELVE-E OF THIS CHAP-
TER.
§ 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, BICYCLE WITH
ELECTRIC 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.