S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8471
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   new classes of vehicle driver's licenses  for  low  velocity  electric
   vehicles;  to amend the vehicle and traffic law, in relation to estab-
   lishing a low velocity electric vehicle operator's safety manual  test
   requirement,  purchase  requirements  and registration requirement; to
   amend the vehicle and traffic law, in relation to  requiring  instruc-
   tion  in  low velocity electric vehicles safety as part of the drivers
   pre-licensing course; and to amend the vehicle and traffic law and the
   insurance law, in relation to requiring liability  insurance  for  low
   velocity  electric  vehicles  in  cities  having  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.    Paragraph  (a) of   subdivision 2 of section 501 of the
 vehicle and traffic law is amended by adding two new subparagraphs  (ix)
 and (x) to read as follows:
   (IX)  CLASS S. SUCH LICENSE SHALL BE VALID TO OPERATE ANY LOW VELOCITY
 ELECTRIC VEHICLE AS DEFINED IN SECTION THREE HUNDRED  NINETY-NINE-AA  OF
 THIS CHAPTER BY A PERSON OVER EIGHTEEN YEARS OF AGE.
   (X)  CLASS SJ. SUCH LICENSE SHALL BE VALID TO OPERATE ANY LOW VELOCITY
 ELECTRIC VEHICLE AS DEFINED IN SECTION THREE HUNDRED  NINETY-NINE-AA  OF
 THIS  CHAPTER  BY A PERSON OVER SIXTEEN YEARS OF AGE, BUT UNDER EIGHTEEN
 YEARS OF AGE. SUCH LICENSE SHALL AUTOMATICALLY BECOME A CLASS S  LICENSE
 WHEN THE HOLDER BECOMES EIGHTEEN YEARS OF AGE.
   §  2. Paragraph (d) of subdivision 2 of section 501 of the vehicle and
 traffic law, as added by chapter 173 of the laws of  1990,  subparagraph
 (i)  as amended by chapter 36 of the laws of 2009, is amended to read as
 follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13543-02-3
 A. 8471                             2
              

 
   (d) Exceptions. (i) Notwithstanding the foregoing provisions  of  this
 subdivision,  a  motor  vehicle or combination of vehicles, other than a
 motorcycle, that is (A) a military vehicle operated by a member  of  the
 armed  forces, or (B) a police vehicle or fire vehicle during its use in
 an  emergency  operation as defined in section one hundred fourteen-b of
 this chapter, or in the performance of official  duties,  or  activities
 related to the execution of emergency governmental functions pursuant to
 section  383.3 (d)(2) of title 49 of the code of federal regulations, or
 (C) a vehicle owned and identified as being owned  by  the  state  or  a
 political  subdivision  thereof  or  an  ambulance service as defined in
 subdivision two of section three thousand one of the public  health  law
 or a voluntary ambulance service as defined in subdivision three of such
 section  and  used  to  provide  emergency medical service as defined in
 section three thousand one of the public health law, or to perform offi-
 cial duties, or activities related to the execution of emergency govern-
 mental functions pursuant to section 383.3 (d)(2) of  title  49  of  the
 code  of  federal  regulations,  may  be operated with any class license
 other than a class DJ, M [or], MJ, S OR SJ license. For the purposes  of
 this  paragraph  the  term  "member  of  the armed forces" shall include
 active duty military personnel; members of the reserve components of the
 armed forces; members of the national guard on  active  duty,  including
 personnel  on  full  time  active  guard  duty,  personnel  on part-time
 national guard training, and national guard military technicians (civil-
 ians who are required to wear military uniforms); and active duty United
 States coast guard personnel. The term shall not include  United  States
 reserve  technicians.  Notwithstanding  the  provisions  of  section one
 hundred fourteen-b of this chapter, for the purposes  of  this  subpara-
 graph, the term "emergency operation" shall include returning from emer-
 gency service.
   (ii)  Notwithstanding  the foregoing provisions of this subdivision, a
 motor vehicle or combination of vehicles which is designed and primarily
 used for purposes other than the transportation of persons  or  property
 which is excluded from the definition of commercial motor vehicle pursu-
 ant  to the provisions of subparagraph (iv) of paragraph (a) of subdivi-
 sion four of section five hundred one-a of this chapter may be  operated
 with  any  class  license  other  than  a  class DJ, M [or], MJ, S OR SJ
 license.
   § 3. Section 501 of the vehicle and traffic law is amended by adding a
 new subdivision 3-a to read as follows:
   3-A. RESTRICTIONS  ON  USE  OF  CLASS  SJ  LICENSES.  SUBJECT  TO  THE
 PROVISIONS  OF  PARAGRAPHS  (B)  AND (C) OF SUBDIVISION THREE OF SECTION
 TWELVE HUNDRED FORTY-TWO OF THIS CHAPTER, ANY MUNICIPALITY MAY, BY LOCAL
 LAW OR ORDINANCE, FURTHER REGULATE THE TIME, PLACE  AND  MANNER  OF  THE
 OPERATION  OF  LOW  VELOCITY  VEHICLES,  INCLUDING,  BUT NOT LIMITED TO,
 REQUIRING THE USE OF PROTECTIVE HEADGEAR, AND  THE  WEARING  OF  READILY
 VISIBLE  REFLECTIVE  CLOTHING  OR  MATERIAL BY OPERATORS OF LOW VELOCITY
 VEHICLES, AND MAY LIMIT, PROHIBIT THE USE THEREOF IN SPECIFIED AREAS, OR
 PROHIBIT ENTIRELY THE USE OF LOW VELOCITY VEHICLES WITHIN  SUCH  MUNICI-
 PALITY,  PROVIDED  THAT  ADEQUATE  SIGNAGE IS VISIBLY POSTED OUTSIDE THE
 BOUNDARIES OF SUCH PROHIBITED AREAS.
   § 4. Subdivision 4 of section 501 of the vehicle and traffic  law,  as
 amended  by  chapter  403  of  the  laws  of 2009, is amended to read as
 follows:
   4. Probationary licenses. Any driver's license, other than a class  DJ
 [and],  class  MJ AND CLASS SJ license, shall be considered probationary
 until the expiration of six months following the date of issuance there-
 A. 8471                             3
 
 of, and thereafter as provided in section five  hundred  ten-b  of  this
 title,  but  this  subdivision shall not apply to renewals of a license,
 or, unless so provided by the commissioner, to a  license  for  which  a
 road test has been waived by the commissioner.
   § 5. Section 510-b of the vehicle and traffic law is amended by adding
 a new subdivision 5 to read as follows:
   5.  THE  HOLDER OF A CLASS S OR CLASS SJ LICENSE SHALL NOT BE ELIGIBLE
 TO OPERATE ANY OTHER VEHICLE UNLESS SUCH HOLDER HAS A CURRENT, VALID NEW
 YORK CLASS A, B, C, D, DJ, E, M, OR MJ LICENSE.
   § 6. Subdivision 2 of section 502 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (e) to read as follows:
   (E)  AN  APPLICANT  FOR  A  CLASS SJ LICENSE SHALL BE AT LEAST SIXTEEN
 YEARS OF AGE AND SUCH APPLICANT MUST SUBMIT WRITTEN CONSENT TO THE ISSU-
 ANCE OF SUCH LICENSE BY THE APPLICANT'S PARENT OR GUARDIAN.
   § 7. The vehicle and traffic law is amended by adding  a  new  article
 12-E to read as follows:
                               ARTICLE 12-E
         LOW VELOCITY ELECTRIC VEHICLE SAFETY EDUCATION, LICENSING
                             AND REQUIREMENTS
 SECTION 399-AA. DEFINITIONS.
         399-BB. APPLICABILITY.
         399-CC. LOW VELOCITY ELECTRIC VEHICLE OPERATOR'S SAFETY MANUAL.
         399-DD. LICENSE FOR THE OPERATION OF LOW VELOCITY ELECTRIC VEHI-
                   CLES.
         399-EE. RULES AND REGULATIONS.
         399-FF.  LIABILITY INSURANCE.
         399-GG. PURCHASE REQUIREMENTS.
   § 399-AA. DEFINITIONS.   AS USED IN THIS ARTICLE, A LOW VELOCITY ELEC-
 TRIC VEHICLE INCLUDES AN ELECTRIC SCOOTER AS DESCRIBED IN SECTION TWELVE
 HUNDRED EIGHTY-TWO OF THIS CHAPTER, A BICYCLE WITH  ELECTRIC  ASSIST  AS
 DESCRIBED  IN SECTION TWELVE HUNDRED FORTY-TWO OF THIS CHAPTER, AN ELEC-
 TRIC UNICYCLE AND A HOVERBOARD.
   § 399-BB. APPLICABILITY. THE PROVISIONS OF SECTION THREE HUNDRED NINE-
 TY-NINE-DD OF THIS ARTICLE SHALL NOT  APPLY  TO  ANY  PERSON  HOLDING  A
 CURRENT, VALID NEW YORK CLASS A, B, C, D, DJ, E, M, OR MJ LICENSE.
   § 399-CC. LOW VELOCITY ELECTRIC VEHICLE OPERATOR'S SAFETY MANUAL.  THE
 COMMISSIONER  SHALL  DEVELOP AND PUBLISH A SAFETY MANUAL FOR THE USE AND
 OPERATION OF LOW VELOCITY ELECTRIC VEHICLES 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 LOW VELOCITY ELECTRIC  VEHI-
 CLES;
   (B) THE SAFE OPERATION OF LOW VELOCITY ELECTRIC VEHICLES;
   (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 LOW VELOCITY ELECTRIC VEHICLES AND PEDESTRIANS.
   § 399-DD. LICENSE FOR THE OPERATION OF LOW VELOCITY ELECTRIC VEHICLES.
 1.  UPON SUCCESSFUL COMPREHENSION OF THE LOW VELOCITY ELECTRIC VEHICLE'S
 SAFETY MANUAL AND THE PASSAGE OF A WRITTEN TEST IN A FORM PRESCRIBED  BY
 THE COMMISSIONER:
   (A)  A  RESIDENT OVER THE AGE OF EIGHTEEN MAY THEN MAKE AN APPLICATION
 TO RECEIVE A CLASS S LICENSE FOR THE OPERATION OF A LOW  VELOCITY  ELEC-
 TRIC VEHICLE; AND
 A. 8471                             4
 
   (B)  A RESIDENT OVER THE AGE OF SIXTEEN, BUT UNDER THE AGE OF EIGHTEEN
 MAY THEN MAKE AN APPLICATION TO RECEIVE A CLASS SJ LICENSE FOR THE OPER-
 ATION OF A LOW VELOCITY ELECTRIC VEHICLE.
   2.  (A) AN APPLICATION FOR A CLASS S OR CLASS SJ LICENSE SHALL BE MADE
 TO THE COMMISSIONER AND SHALL REQUIRE AN APPLICANT TO FURNISH  PROOF  OF
 IDENTITY, AGE, FITNESS AND ANY OTHER INFORMATION REQUIRED BY THE COMMIS-
 SIONER,  INCLUDING  PROOF  OF PARENTAL CONSENT IF THE APPLICANT IS UNDER
 THE AGE OF EIGHTEEN.  SUCH APPLICATION MAY ALSO REQUIRE  A  PHOTOGRAPHIC
 IMAGE OF THE APPLICANT AND A VISION TEST.
   (B)  A NOMINAL FEE MAY BE PRESCRIBED BY THE COMMISSIONER FOR THE ISSU-
 ANCE, RENEWAL OR 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.
   (D) OPERATION OF A LOW VELOCITY ELECTRIC VEHICLE IS PROHIBITED BY  ANY
 PERSON  WITHOUT A CLASS S OR CLASS SJ LICENSE. AN OWNER OR OPERATOR OF A
 LOW VELOCITY ELECTRIC VEHICLE WHO VIOLATES THE PROVISIONS OF THIS  PARA-
 GRAPH  SHALL  BE LIABLE FOR A FINE OF UP TO ONE THOUSAND DOLLARS AND MAY
 HAVE THE LOW VELOCITY ELECTRIC VEHICLE CONFISCATED, FOLLOWING A HEARING.
   § 399-EE. 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  LOW
 VELOCITY  ELECTRIC  VEHICLE OPERATOR'S SAFETY MANUAL AND MAY PROVIDE FOR
 THE DEVELOPMENT OF A WRITTEN TEST AS PROVIDED IN SECTION  THREE  HUNDRED
 NINETY-NINE-DD OF THIS ARTICLE.
   §  399-FF.  LIABILITY  INSURANCE.  1.  A LOW VELOCITY ELECTRIC VEHICLE
 WHICH IS OPERATED ANYWHERE IN A CITY HAVING A POPULATION OF ONE  MILLION
 OR  MORE, OTHER THAN ON LANDS OF THE OWNER OF SUCH LOW VELOCITY ELECTRIC
 VEHICLE, SHALL BE COVERED BY A POLICY OF INSURANCE, 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 HEREINABOVE PROVIDED, THE COMMIS-
 SIONER, IN HIS OR HER DISCRETION AND UPON APPLICATION OF A  GOVERNMENTAL
 AGENCY  HAVING  REGISTERED IN ITS NAME ONE OR MORE LOW VELOCITY ELECTRIC
 VEHICLES, MAY WAIVE THE REQUIREMENT OF INSURANCE BY A PRIVATE  INSURANCE
 CARRIER  AND  ISSUE  A  CERTIFICATE OF SELF-INSURANCE, WHEN HE OR SHE IS
 SATISFIED THAT SUCH GOVERNMENTAL AGENCY IS POSSESSED OF FINANCIAL ABILI-
 TY TO RESPOND TO JUDGMENTS OBTAINED  AGAINST  IT,  ARISING  OUT  OF  THE
 OWNERSHIP,  USE OR OPERATION OF SUCH LOW VELOCITY ELECTRIC VEHICLES. THE
 COMMISSIONER MAY ALSO WAIVE THE REQUIREMENT OF INSURANCE  BY  A  PRIVATE
 INSURANCE  CARRIER AND ISSUE A CERTIFICATE OF SELF-INSURANCE UPON APPLI-
 CATION OF ANY PERSON OR ANY OTHER CORPORATION, HAVING REGISTERED IN  ITS
 NAME, ONE OR MORE LOW VELOCITY ELECTRIC VEHICLES 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  LOW  VELOCITY  ELECTRIC
 VEHICLE UPON THE REQUEST OF ANY MAGISTRATE OR ANY PERSON HAVING AUTHORI-
 TY  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
 A. 8471                             5

 BUT  SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH LOW VELOCITY ELECTRIC VEHI-
 CLE 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  LOW  VELOCITY  ELECTRIC
 VEHICLE 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
 LOW VELOCITY ELECTRIC VEHICLE BY THE OWNER OR OPERATOR, IF  SUCH  INSUR-
 ANCE COVERAGE WAS REQUIRED UNDER THE CIRCUMSTANCES OF SUCH OPERATION. 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 INJURY OR DAMAGE.
   4. NO OWNER OF A LOW VELOCITY ELECTRIC VEHICLE SHALL OPERATE OR PERMIT
 THE  SAME  TO  BE OPERATED ANYWHERE IN THIS STATE OTHER THAN ON LANDS OF
 THE OWNER OF THE LOW VELOCITY ELECTRIC VEHICLE WITHOUT  HAVING  IN  FULL
 FORCE  AND  EFFECT  THE  LIABILITY  INSURANCE  COVERAGE REQUIRED BY THIS
 SECTION, AND NO PERSON SHALL OPERATE A  LOW  VELOCITY  ELECTRIC  VEHICLE
 ANYWHERE  IN  THIS  STATE  OTHER  THAN  ON LANDS OF THE OWNER OF THE LOW
 VELOCITY ELECTRIC VEHICLES WITH THE KNOWLEDGE THAT SUCH INSURANCE IS NOT
 IN FULL FORCE AND EFFECT.
   5. AN OWNER OR OPERATOR OF A LOW VELOCITY ELECTRIC  VEHICLE  OPERATING
 SUCH WITHOUT INSURANCE AS REQUIRED BY THIS SECTION SHALL BE LIABLE FOR A
 FINE  OF  UP TO ONE THOUSAND DOLLARS AND MAY HAVE THE LOW VELOCITY ELEC-
 TRIC VEHICLE CONFISCATED BY THE CITY, FOLLOWING A HEARING.
   § 399-GG. PURCHASE REQUIREMENTS. 1. NO PERSON SHALL PURCHASE  ANY  LOW
 VELOCITY  ELECTRIC  VEHICLE, THROUGH AN ONLINE OR IN-PERSON TRANSACTION,
 UNLESS SUCH PERSON HOLDS A VALID LICENSE TO OPERATE A LOW VELOCITY ELEC-
 TRIC VEHICLE PURSUANT TO SECTION THREE HUNDRED  NINETY-NINE-DD  OF  THIS
 ARTICLE,  AND, IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, HAS
 OBTAINED AND MAINTAINS VALID  INSURANCE  COVERAGE  PURSUANT  TO  SECTION
 THREE HUNDRED NINETY-NINE-FF OF THIS ARTICLE.
   2.  NO  DEALER  SHALL  SELL  OR OFFER FOR RETAIL SALE ANY LOW VELOCITY
 ELECTRIC VEHICLE, THROUGH AN ONLINE OR IN-PERSON TRANSACTION, UNTIL SUCH
 DEALER RECEIVES PROOF THAT THE PURCHASER OF THE  LOW  VELOCITY  ELECTRIC
 VEHICLE  HOLDS  A VALID LICENSE TO OPERATE A LOW VELOCITY ELECTRIC VEHI-
 CLE, AND, IN A CITY HAVING A POPULATION OF  ONE  MILLION  OR  MORE,  HAS
 OBTAINED  AND  MAINTAINS  VALID  INSURANCE  COVERAGE PURSUANT TO SECTION
 THREE HUNDRED NINETY-NINE-FF OF THIS ARTICLE.
   3. A PERSON WHO VIOLATES THE PROVISIONS OF  SUBDIVISION  ONE  OF  THIS
 SECTION  SHALL  BE  SUBJECT  TO A FINE OF UP TO FIVE HUNDRED DOLLARS PER
 VIOLATION. A DEALER WHO VIOLATES THE PROVISIONS OF  SUBDIVISION  TWO  OF
 THIS  SECTION  SHALL  BE SUBJECT TO A FINE OF UP TO ONE THOUSAND DOLLARS
 PER VIOLATION.
   § 8. The vehicle and traffic law is amended by adding  a  new  section
 401-c to read as follows:
   §  401-C. REGISTRATION OF LOW VELOCITY ELECTRIC VEHICLES. 1. EVERY LOW
 VELOCITY ELECTRIC VEHICLE AS DEFINED IN SECTION  THREE  HUNDRED  NINETY-
 NINE-AA  OF  THIS CHAPTER SHALL BE REGISTERED AND ISSUED A LICENSE PLATE
 BY THE DEPARTMENT. NO PERSON SHALL OPERATE A LOW VELOCITY ELECTRIC VEHI-
 CLE ON THE PUBLIC HIGHWAYS UNLESS SUCH  LOW  VELOCITY  ELECTRIC  VEHICLE
 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.
   2. SUCH LICENSE PLATES SHALL BE OF SUCH  MATERIAL,  FORM,  DESIGN  AND
 DIMENSIONS  AND CONTAIN OR SET FORTH SUCH DISTINGUISHING NUMBER OR OTHER
 IDENTIFICATION MARKS AS  THE  COMMISSIONER  SHALL  PRESCRIBE,  PROVIDED,
 HOWEVER,  THAT THERE SHALL BE AT ALL TIMES A MARKED CONTRAST BETWEEN THE
 A. 8471                             6
 
 COLOR OF THE NUMBER PLATES AND THAT OF THE NUMERALS OR LETTERS  THEREON,
 AND PROVIDED FURTHER THAT NO LOW VELOCITY ELECTRIC VEHICLE SHALL DISPLAY
 THE  NUMBER PLATES OF MORE THAN ONE STATE AT A TIME, NOR SHALL ANY PLATE
 BE USED OTHER THAN THOSE ISSUED BY THE COMMISSIONER.
   3.  EACH  SUCH  LICENSE  PLATE SHALL IDENTIFY WHETHER THE LOW VELOCITY
 ELECTRIC VEHICLE IS PERSONAL OR COMMERCIAL IN NATURE.
   4. EACH SUCH LICENSE PLATE SHALL BE  CONSPICUOUSLY  DISPLAYED  ON  THE
 REAR  OF  THE  LOW VELOCITY ELECTRIC VEHICLE, SECURELY FASTENED SO AS TO
 PREVENT THE SAME FROM SWINGING.
   5. THE FEE FOR SUCH LICENSE PLATES SHALL BE A NOMINAL  FEE  DETERMINED
 BY THE COMMISSIONER.
   §  9.  The  vehicle and traffic law is amended by adding a new section
 1225-e to read as follows:
   § 1225-E. OPERATING A LOW VELOCITY ELECTRIC VEHICLE ON  SIDEWALKS.  NO
 PERSON  SHALL  OPERATE  A  LOW  VELOCITY ELECTRIC VEHICLE ON OR ACROSS A
 SIDEWALK, EXCEPT THAT  A LOW VELOCITY ELECTRIC VEHICLE  MAY  BE OPERATED
 AT  A REASONABLE  SPEED, BUT NOT MORE THAN FIVE MILES PER  HOUR,  ON  OR
 ACROSS A SIDEWALK IN SUCH MANNER AS NOT TO INTERFERE WITH THE SAFETY AND
 PASSAGE OF  PEDESTRIANS THEREON, WHO  SHALL  HAVE THE RIGHT OF WAY, WHEN
 IT  IS  REASONABLE  AND  NECESSARY  TO  GAIN ACCESS TO A PUBLIC HIGHWAY,
 PRIVATE WAY OR LANDS OR  BUILDINGS ADJACENT TO SUCH HIGHWAY OR WAY.  ANY
 PERSON VIOLATING THE PROVISIONS OF THIS SECTION SHALL  BE  GUILTY  OF  A
 VIOLATION AND SHALL BE SUBJECT TO A FINE OF UP TO THREE HUNDRED DOLLARS.
   §  10.  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  CLASS S OR CLASS SJ LICENSE FOR THE OPERATION OF A LOW VELOCITY ELEC-
 TRIC VEHICLE AND AFTER SUBMISSION OF PROOF AS SET FORTH  IN  THIS  PARA-
 GRAPH  SHALL  CONTAIN A DISTINGUISHING MARK, IN SUCH FORM AS THE COMMIS-
 SIONER  SHALL  DETERMINE,  INDICATING  THAT  HE  OR  SHE  HAS  READ  AND
 COMPREHENDS  THE  LOW VELOCITY ELECTRIC VEHICLE OPERATOR'S SAFETY MANUAL
 AND HAS PASSED A WRITTEN TEST IN A FORM DETERMINED BY THE  COMMISSIONER.
 SUCH PROOF SHALL CONSIST OF A LICENSE FOR THE OPERATION OF A LOW VELOCI-
 TY  ELECTRIC  VEHICLE THAT IS PROVIDED PURSUANT TO SECTION THREE HUNDRED
 NINETY-NINE-DD OF THIS CHAPTER. THE COMMISSIONER SHALL NOT REQUIRE  FEES
 FOR  THE  ISSUANCE OF SUCH LICENSES OR RENEWALS THEREOF CONTAINING A LOW
 VELOCITY ELECTRIC VEHICLE OPERATOR'S SAFETY MANUAL COMPREHENSION DISTIN-
 GUISHING  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 LOW VELOCITY ELECTRIC VEHICLE  OPERA-
 TOR'S SAFETY MANUAL COMPREHENSION DISTINGUISHING MARK TO SUCH LICENSE.
   §  11.  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  LOW  VELOCITY  ELECTRIC
 VEHICLE  ISSUED TO HIM OR HER PURSUANT TO ARTICLE TWELVE-E OF THIS CHAP-
 TER.
   § 12. Paragraphs (a), (b) and (d) of subdivision 4 of section  502  of
 the  vehicle and traffic law, paragraph (a) as amended by chapter 585 of
 the laws of 2002, subparagraph (i) of paragraph (a) and  paragraphs  (b)
 and (d) as amended by chapter 379 of the laws of 2022, are amended and a
 new paragraph (c-6) is added to read as follows:
 A. 8471                             7
 
   (a)  (i) Upon submission of an application for a driver's license, the
 applicant shall be required to take and pass a test, or submit  evidence
 of  passage of a test, with respect to the laws relating to traffic, the
 laws relating to driving while ability is impaired and while  intoxicat-
 ed,  under the overpowering influence of "Road Rage", "Work Zone Safety"
 awareness, "Motorcycle Safety" awareness, "LOW VELOCITY ELECTRIC VEHICLE
 SAFETY" AWARENESS, and "Pedestrian and Bicyclist  Safety"  awareness  as
 defined  by  the  commissioner,  "School  Bus Safety" awareness, the law
 relating to exercising due  care  to  avoid  colliding  with  a  parked,
 stopped  or  standing  authorized  emergency  vehicle  or hazard vehicle
 pursuant to section eleven hundred forty-four-a  of  this  chapter,  the
 ability  to read and comprehend traffic signs and symbols and such other
 matters  as  the  commissioner  may  prescribe,  and  to  satisfactorily
 complete  a  course prescribed by the commissioner of not less than four
 hours and not more than  five  hours,  consisting  of  classroom  driver
 training  and highway safety instruction or the equivalent thereof. Such
 test shall include at  least  seven  written  questions  concerning  the
 effects of consumption of alcohol or drugs on the ability of a person to
 operate a motor vehicle and the legal and financial consequences result-
 ing  from  violations of section eleven hundred ninety-two of this chap-
 ter, prohibiting the operation of a motor vehicle while under the influ-
 ence of alcohol or drugs. Such test shall include one  or  more  written
 questions concerning the devastating effects of "Road Rage" on the abil-
 ity  of  a person to operate a motor vehicle and the legal and financial
 consequences resulting from assaulting, threatening or interfering  with
 the  lawful  conduct  of  another person legally using the roadway. Such
 test shall include  one  or  more  questions  concerning  the  potential
 dangers  to persons and equipment resulting from the unsafe operation of
 a motor vehicle in a work zone.  Such test may include one or more ques-
 tions concerning motorcycle safety. Such test may include  one  or  more
 questions  concerning the law for exercising due care to avoid colliding
 with a parked, stopped or standing vehicle pursuant  to  section  eleven
 hundred  forty-four-a  of  this  chapter. SUCH TEST SHALL INCLUDE ONE OR
 MORE QUESTIONS CONCERNING HOW TO SAFELY OPERATE A LOW VELOCITY  ELECTRIC
 VEHICLE  ON THE ROAD AND ONE OR MORE QUESTIONS CONCERNING THE DANGERS OF
 MOTOR VEHICLES TO BICYCLISTS AND PEDESTRIANS AND ONE OR  MORE  QUESTIONS
 CONCERNING  THE  TRAFFIC  LAWS GOVERNING LOW VELOCITY ELECTRIC VEHICLES.
 Such test may include one or more questions concerning school bus  safe-
 ty.  Such  test  may include one or more questions concerning pedestrian
 and bicyclist safety. Such test shall be administered by the commission-
 er. The commissioner shall cause the applicant to take a vision test and
 a test for color blindness. Upon passage of the vision test, the  appli-
 cation may be accepted and the application fee shall be payable.
   (ii)  The  commissioner  shall promulgate rules and regulations estab-
 lishing eligibility standards for the taking and  passing  of  knowledge
 tests in other than written form.
   (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, 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, a "School
 Bus Safety" awareness component as described in paragraph (c-4) of  this
 subdivision,  [and] a "Pedestrian and Bicyclist Safety" awareness compo-
 nent as described in paragraph (c-5) of this  subdivision,  AND  A  "LOW
 A. 8471                             8
 
 VELOCITY  ELECTRIC  VEHICLE  SAFETY" AWARENESS COMPONENT AS DESCRIBED IN
 PARAGRAPH (C-6) 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 mechanism and seat-
 ing 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.
   (C-6) "LOW VELOCITY ELECTRIC VEHICLE SAFETY" AWARENESS COMPONENT.  (I)
 THE COMMISSIONER SHALL PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN
 PARAGRAPH (B) OF THIS SUBDIVISION, A MANDATORY COMPONENT IN "LOW VELOCI-
 TY  ELECTRIC  VEHICLE  SAFETY" AWARENESS EDUCATION AS A PREREQUISITE FOR
 OBTAINING A LICENSE TO OPERATE A  MOTOR  VEHICLE.  THE  PURPOSE  OF  THE
 COMPONENT  IS  TO EDUCATE PROSPECTIVE LICENSEES ON THE POTENTIAL DANGERS
 TO PEDESTRIANS, BICYCLISTS, AND SCOOTER OPERATORS CREATED BY MOTOR VEHI-
 CLES. THE PURPOSE IS ALSO TO EDUCATE LOW VELOCITY ELECTRIC VEHICLE OPER-
 ATORS ON THEIR RESPONSIBILITIES TO ADHERE TO TRAFFIC LAWS.
   (II) THE CURRICULUM SHALL INCLUDE, BUT SHALL NOT  BE  LIMITED  TO,  AN
 OVERVIEW  OF  TRAFFIC LAWS GOVERNING LOW VELOCITY ELECTRIC VEHICLES, THE
 SAFE OPERATION OF LOW VELOCITY ELECTRIC VEHICLES, AN OVERVIEW OF TRAFFIC
 LAWS GOVERNING MOTOR VEHICLE OPERATORS' DUTY TO EXERCISE DUE  CARE  WITH
 RESPECT  TO  PEDESTRIANS  AND  BICYCLISTS,  INCLUDING BUT NOT LIMITED TO
 UNDERSTANDING BICYCLISTS' AND PEDESTRIANS' NEEDS AND REDUCED VISIBILITY,
 RESPECTING BICYCLISTS' AND PEDESTRIANS' RIGHTS OF  WAY,  SAFE  OPERATION
 NEAR  BICYCLISTS  AND  PEDESTRIANS,  INCLUDING CHILDREN AND BLIND, DEAF,
 ELDERLY AND DISABLED PEDESTRIANS, BICYCLE LANES AS  DEFINED  IN  SECTION
 ONE  HUNDRED  TWO-A  OF  THIS  CHAPTER, SAFELY OVERTAKING A BICYCLE, THE
 DANGERS OF DISTRACTED DRIVING, DRIVING  AT  APPROPRIATE  REDUCED  SPEEDS
 WHEN  SPECIAL HAZARDS EXIST WITH RESPECT TO PEDESTRIANS OR OTHER WEATHER
 OR HIGHWAY CONDITIONS, SAFELY TURNING, STOPPING, STANDING, AND  PARKING,
 MOTOR  VEHICLE  OPERATORS' OBLIGATIONS TO COMPLY WITH ARTICLE TWENTY-TWO
 OF THIS CHAPTER, AND TRAFFIC CONTROL DEVICES AND MARKINGS RELATED TO LOW
 VELOCITY ELECTRIC VEHICLE OPERATORS AND PEDESTRIANS.
   (III) IN DEVELOPING SUCH CURRICULUM, THE  COMMISSIONER  SHALL  CONSULT
 WITH THE COMMISSIONER OF TRANSPORTATION, THE SUPERINTENDENT OF THE STATE
 POLICE,  THE  COMMISSIONERS  OF TRANSPORTATION AND POLICE OF THE CITY OF
 NEW YORK, MEDICAL PROFESSIONALS AND PEDESTRIAN SAFETY ADVOCATES.
   (d) The commissioner shall make available for distribution upon regis-
 tration at each location where the pre-licensing course will  be  given,
 instructional  handbooks  outlining the content of the entire curriculum
 of the pre-licensing course including the  information  required  to  be
 included  in the course pursuant to paragraphs (c), (c-1), (c-2), (c-3),
 (c-4) [and], (c-5) AND (C-6) of this subdivision. The commissioner shall
 also provide for the additional training of  the  instructors  necessary
 for  the  competent instruction of the alcohol and drug education, "Road
 A. 8471                             9
 
 Rage" awareness,  "Work  Zone  Safety"  awareness,  "Motorcycle  Safety"
 awareness, "LOW VELOCITY ELECTRIC VEHICLE SAFETY" AWARENESS, "School Bus
 Safety"  awareness  and  "Pedestrian  and  Bicyclist  Safety"  awareness
 subject matters of the pre-licensing course.
   §  13. 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, A LOW VELOCITY ELECTRIC VEHICLE 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, A LOW VELOCITY ELECTRIC VEHICLE or  an  all  terrain  vehicle  in
 satisfaction  of the requirements of such articles or [section] SECTIONS
 shall be liable for; and every owner of a  motorcycle,  A  LOW  VELOCITY
 ELECTRIC VEHICLE 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, A LOW
 VELOCITY ELECTRIC VEHICLE or all terrain vehicle, another motorcycle,  A
 LOW VELOCITY ELECTRIC VEHICLE or all terrain vehicle, or any motor vehi-
 cle,  for  loss arising out of the use or operation of the motorcycle, A
 LOW VELOCITY ELECTRIC VEHICLE 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 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  enforcement
 officer.
   §  14.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law. Effective immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such date.