S T A T E O F N E W Y O R K
________________________________________________________________________
7849
I N S E N A T E
January 12, 2022
___________
Introduced by Sen. KENNEDY -- 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 the opera-
tion 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, as amended by a
chapter of the laws of 2021, amending the vehicle and traffic law relat-
ing to the operation of a three-wheeled vehicle, as proposed in legisla-
tive bills numbers A. 7192-A and S. 6335-A, 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 two wheels situated in the front and one wheel in the rear,
has a steering [wheel] MECHANISM 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.
(vii) Class M. Such license shall be valid to operate any motorcycle,
or any motorcycle, other than a limited use motorcycle, towing a trail-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11043-04-2
S. 7849 2
er. Such license also shall be valid to operate a three-wheeled motor
vehicle that has two wheels situated in the front and one wheel in the
rear, has a steering [wheel] MECHANISM 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 a chapter of the laws of 2021, amending the
vehicle and traffic law relating to the operation of a three-wheeled
vehicle, as proposed in legislative bills numbers A. 7192-A and S.
6335-A, 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, 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 the commissioner shall cause the applicant to take a
road test in a representative 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 "representative vehicle" shall not include a three-wheeled
motor vehicle that has two wheels situated in the front and one wheel in
the rear, has a steering [wheel] MECHANISM 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. 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 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.
§ 3. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2021, amending the vehicle and traf-
fic law relating to the operation of a three-wheeled vehicle, as
proposed in legislative bills numbers A. 7192-A and S. 6335-A, takes
effect.
