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.