S T A T E O F N E W Y O R K
________________________________________________________________________
7982--B
2023-2024 Regular Sessions
I N A S S E M B L Y
August 18, 2023
___________
Introduced by M. of A. DE LOS SANTOS, SEAWRIGHT -- read once and
referred to the Committee on Transportation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- recommitted to the Committee on Transportation in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the vehicle and traffic law, in relation to requiring
license plates and liability insurance for limited use motorcycles and
to amend the insurance law, in relation to requiring liability insur-
ance for Class C limited use motorcycles
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 34-E to read as follows:
ARTICLE 34-E
REGISTRATION AND OPERATION OF LIMITED
USE MOTORCYCLES
SECTION 1290. REGISTRATION OF LIMITED USE MOTORCYCLES.
1291. LIABILITY INSURANCE.
§ 1290. REGISTRATION OF LIMITED USE MOTORCYCLES. EVERY CLASS C LIMITED
USE MOTORCYCLE AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THIS
CHAPTER SHALL BE REGISTERED BY THE DEPARTMENT. NO PERSON SHALL OPERATE A
CLASS C LIMITED USE MOTORCYCLE ON THE PUBLIC HIGHWAYS UNLESS SUCH CLASS
C LIMITED USE MOTORCYCLE SHALL HAVE A DISTINCTIVE NUMBER ASSIGNED TO IT
BY THE COMMISSIONER AND A NUMBER PLATE ISSUED BY THE COMMISSIONER WITH A
NUMBER CORRESPONDING TO THAT OF THE CERTIFICATE OF REGISTRATION.
§ 1291. LIABILITY INSURANCE. 1. EVERY CLASS C LIMITED USE MOTORCYCLE
AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THIS CHAPTER THAT IS
OPERATED ON PUBLIC ROADS OR ON PROPERTY OTHER THAN ON LANDS OF THE OWNER
OF THE LIMITED USE MOTORCYCLE SHALL BE COVERED BY A POLICY OF INSURANCE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11968-03-4
A. 7982--B 2
IN SUCH LANGUAGE AND FORM AS SHALL BE DETERMINED AND ESTABLISHED BY THE
SUPERINTENDENT OF FINANCIAL SERVICES, ISSUED BY AN INSURANCE CARRIER
AUTHORIZED TO DO BUSINESS IN THIS STATE. SUCH POLICY SHALL PROVIDE FOR
COVERAGES REQUIRED OF AN "OWNER'S POLICY OF LIABILITY INSURANCE" AS SET
FORTH IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION THREE HUNDRED
ELEVEN OF THIS CHAPTER. IN LIEU OF SUCH INSURANCE COVERAGE AS HEREINA-
BOVE PROVIDED, THE COMMISSIONER, IN THEIR DISCRETION AND UPON APPLICA-
TION OF A GOVERNMENTAL AGENCY HAVING REGISTERED IN ITS NAME ONE OR MORE
CLASS C LIMITED USE MOTORCYCLES, MAY WAIVE THE REQUIREMENT OF INSURANCE
BY A PRIVATE INSURANCE CARRIER AND ISSUE A CERTIFICATE OF SELF-INSU-
RANCE, WHEN THEY ARE SATISFIED THAT SUCH GOVERNMENTAL AGENCY IS
POSSESSED OF FINANCIAL ABILITY TO RESPOND TO JUDGMENTS OBTAINED AGAINST
IT, ARISING OUT OF THE OWNERSHIP, USE OR OPERATION OF SUCH CLASS C
LIMITED USE MOTORCYCLES. THE COMMISSIONER MAY ALSO WAIVE THE REQUIREMENT
OF INSURANCE BY A PRIVATE INSURANCE CARRIER AND ISSUE A CERTIFICATE OF
SELF-INSURANCE UPON APPLICATION OF ANY PERSON OR ANY OTHER CORPORATION,
HAVING REGISTERED IN ITS NAME, ONE OR MORE CLASS C LIMITED USE MOTORCY-
CLES AND FURNISHING OF PROOF THAT A CERTIFICATE OF SELF-INSURANCE HAS
BEEN ISSUED AND IS IN EFFECT PURSUANT TO THE PROVISIONS OF SECTION THREE
HUNDRED SIXTEEN OF THIS CHAPTER.
2. PROOF OF INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
AND DISPLAYED BY THE OWNER OR OPERATOR OF SUCH CLASS C LIMITED USE
MOTORCYCLE UPON THE REQUEST OF ANY MAGISTRATE OR ANY PERSON HAVING
AUTHORITY TO ENFORCE THE PROVISIONS OF THIS CHAPTER. THE FAILURE TO
PRODUCE SUCH PROOF UPON THE REQUEST OF ANY SUCH PERSON SHALL NOT BE AN
OFFENSE BUT SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH CLASS C LIMITED USE
MOTORCYCLE IS BEING OPERATED WITHOUT HAVING SUCH INSURANCE IN FORCE AND
EFFECT.
3. PROOF OF INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
AND DISPLAYED BY THE OWNER OR OPERATOR OF SUCH CLASS C LIMITED USE
MOTORCYCLE TO ANY PERSON WHO HAS SUFFERED OR CLAIMS TO HAVE SUFFERED
EITHER PERSONAL INJURY OR PROPERTY DAMAGE AS A RESULT OF THE OPERATION
OF SUCH CLASS C LIMITED USE MOTORCYCLE BY THE OWNER OR OPERATOR, IF SUCH
INSURANCE COVERAGE WAS REQUIRED UNDER THE CIRCUMSTANCES OF SUCH OPERA-
TION. IT SHALL BE AN AFFIRMATIVE DEFENSE TO ANY PROSECUTION FOR A
VIOLATION OF THIS SUBDIVISION THAT SUCH PROOF WAS SO PRODUCED OR
DISPLAYED WITHIN TWENTY-FOUR HOURS OF RECEIVING NOTICE OF SUCH INJURY OR
DAMAGE, OR THE CLAIM OF SUCH INJURY OR DAMAGE.
4. NO OWNER OF A CLASS C LIMITED USE MOTORCYCLE SHALL OPERATE OR
PERMIT THE SAME TO BE OPERATED ANYWHERE IN THIS STATE OTHER THAN ON
LANDS OF THE OWNER OF THE CLASS C LIMITED USE MOTORCYCLE WITHOUT HAVING
IN FULL FORCE AND EFFECT THE LIABILITY INSURANCE COVERAGE REQUIRED BY
THIS SECTION, AND NO PERSON SHALL OPERATE A CLASS C LIMITED USE MOTORCY-
CLE ANYWHERE IN THIS STATE OTHER THAN ON LANDS OF THE OWNER OF THE CLASS
C LIMITED USE MOTORCYCLE WITH THE KNOWLEDGE THAT SUCH INSURANCE IS NOT
IN FULL FORCE AND EFFECT.
§ 2. Subsection (f) of section 5103 of the insurance law, as amended
by chapter 402 of the laws of 1986, is amended to read as follows:
(f) Every owner's policy of liability insurance issued on a
motorcycle, CLASS C LIMITED USE MOTORCYCLE or an all terrain vehicle in
satisfaction of the requirements of article six or eight of the vehicle
and traffic law, SECTION TWELVE HUNDRED NINETY-ONE OF SUCH LAW, or
section twenty-four hundred seven of such law shall also provide for;
every owner who maintains another form of financial security on a motor-
cycle, CLASS C LIMITED USE MOTORCYCLE or an all terrain vehicle in
satisfaction of the requirements of such articles or [section] SECTIONS
A. 7982--B 3
shall be liable for; and every owner of a motorcycle, CLASS C LIMITED
USE MOTORCYCLE or an all terrain vehicle required to be subject to the
provisions of this article by subdivision two of section three hundred
twenty-one of such law shall be liable for; the payment of first party
benefits to persons, other than the occupants of such motorcycle, CLASS
C LIMITED USE MOTORCYCLE or all terrain vehicle, another motorcycle,
CLASS C LIMITED USE MOTORCYCLE or all terrain vehicle, or any motor
vehicle, for loss arising out of the use or operation of the motorcycle,
CLASS C LIMITED USE MOTORCYCLE or all terrain vehicle within this state.
Every insurer and self-insurer may exclude from the coverage required by
this subsection a person who intentionally causes [his] THEIR own injury
or is injured while committing an act which would constitute a felony or
while seeking to avoid lawful apprehension or arrest by a law enforce-
ment officer.
§ 3. Section 2265 of the vehicle and traffic law, as amended by chap-
ter 931 of the laws of 1977, is amended to read as follows:
§ 2265. Equipment, inspection and insurance. 1. Equipment. Unless
otherwise prescribed by regulation of the commissioner, a limited use
automobile shall be subject to the equipment requirements of this chap-
ter which are applicable to a passenger motor vehicle. Unless otherwise
prescribed by regulation of the commissioner, a limited use motorcycle
shall be subject to the equipment requirements which are applicable to a
motorcycle. The operator of a limited use motorcycle shall be subject
to the requirements of subdivisions six and seven of section three
hundred eighty-one of this chapter[, except that the requirements of
subdivisions six and seven of section three hundred eighty-one of this
chapter shall not be applicable to the operator of a class C limited use
motorcycle]. The commissioner may, by regulation, provide for different
equipment requirements for different classes of limited use motorcycles.
As far as practicable, such regulations, if promulgated by the commis-
sioner, shall be consistent with federal motor vehicle safety standards
established for similar vehicles. No person shall operate a limited use
vehicle on the public highways of this state in violation of the
provisions of this section or regulations promulgated by the commission-
er thereunder.
2. Inspection. (a) Limited use automobiles and class A limited use
motorcycles shall be subject to the inspection requirements of article
five of this chapter. The commissioner may, by regulation, provide for
different inspection procedures for different types of limited use auto-
mobiles.
(b) Class B and [class C] limited use motorcycles shall be exempt from
any inspection requirements.
3. Insurance. The provisions of articles six, seven and eight of this
chapter shall be applicable to limited use vehicles[, except that the
provisions of article six of this chapter shall not apply to class C
limited use motorcycles].
§ 4. This act shall take effect on the one hundred eightieth 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 and
completed on or before such effective date.