S T A T E   O F   N E W   Y O R K
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                                   8838
 
                           I N  A S S E M B L Y
 
                             January 18, 2024
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   license  plates for certain bicycles with electric assist and electric
   scooters and requiring a person be eighteen years of age to operate or
   purchase bicycles with electric assist and electric scooters

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The article heading of article 34 of the vehicle and traf-
 fic law, as amended by chapter 694 of the laws of 1995,  is  amended  to
 read as follows:
           REGISTRATION AND OPERATION OF BICYCLES AND PLAY DEVICES
   § 2. The vehicle and traffic law is amended by adding two new sections
 1244 and 1245 to read as follows:
   §  1244.  REGISTRATION  OF  CERTAIN  BICYCLES WITH ELECTRIC ASSIST. 1.
 EVERY BICYCLE WITH ELECTRIC ASSIST WHICH HAS AN ELECTRIC MOTOR THAT DOES
 NOT CEASE TO PROVIDE ASSISTANCE WHEN SUCH BICYCLE OR SCOOTER  REACHES  A
 SPEED  OF  FORTY MILES PER HOUR SHALL BE REGISTERED AND ISSUED A LICENSE
 PLATE BY THE DEPARTMENT. NO PERSON SHALL OPERATE  SUCH  A  BICYCLE  WITH
 ELECTRIC ASSIST ON THE PUBLIC HIGHWAYS UNLESS SUCH BICYCLE WITH ELECTRIC
 ASSIST SHALL HAVE A DISTINCTIVE NUMBER ASSIGNED TO IT BY THE COMMISSION-
 ER  AND  A  NUMBER PLATE ISSUED BY THE COMMISSIONER WITH A NUMBER CORRE-
 SPONDING 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
 COLOR OF THE NUMBER PLATES AND THAT OF THE NUMERALS OR LETTERS  THEREON,
 AND  PROVIDED  FURTHER  THAT  NO SUCH BICYCLE WITH ELECTRIC ASSIST 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 SUCH BICYCLE WITH
 ELECTRIC ASSIST IS PERSONAL OR COMMERCIAL IN NATURE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13112-01-3
              

 A. 8838                             2
 
   4. EACH SUCH LICENSE PLATE SHALL BE  CONSPICUOUSLY  DISPLAYED  ON  THE
 REAR  OF  THE  BICYCLE  WITH ELECTRIC ASSIST, 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.
   § 1245. SALE OF BICYCLES WITH ELECTRIC ASSIST. 1. NO PERSON SHALL SELL
 A BICYCLE WITH ELECTRIC ASSIST TO A PERSON LESS THAN EIGHTEEN  YEARS  OF
 AGE.
   2.  NO  PERSON  SHALL  ACCEPT  AS  WRITTEN EVIDENCE OF AGE BY ANY SUCH
 PERSON FOR THE PURCHASE OF A BICYCLE WITH ELECTRIC ASSIST  ANY  DOCUMENT
 OTHER  THAN:  (A)  A VALID DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION
 CARD ISSUED BY THE COMMISSIONER OF MOTOR VEHICLES, THE  FEDERAL  GOVERN-
 MENT,  ANY  UNITED  STATES  TERRITORY,  COMMONWEALTH  OR POSSESSION, THE
 DISTRICT OF COLUMBIA, A STATE GOVERNMENT WITHIN THE UNITED STATES  OR  A
 PROVINCIAL GOVERNMENT OF THE DOMINION OF CANADA; OR (B) A VALID PASSPORT
 ISSUED  BY  THE UNITED STATES GOVERNMENT OR ANY OTHER COUNTRY; OR (C) AN
 IDENTIFICATION CARD ISSUED BY THE ARMED FORCES OF THE UNITED STATES.
   3. UPON THE SALE OF A BICYCLE WITH ELECTRIC ASSIST, THE  SELLER  SHALL
 SUBMIT  TO  THE  COMMISSIONER,  IN  A FORM AND MANNER AS PROVIDED FOR BY
 REGULATIONS PROMULGATED BY THE  COMMISSIONER,  A  COPY  OF  THE  WRITTEN
 EVIDENCE OF AGE PROVIDED BY THE PURCHASER.
   §  3. Subdivision 2 of section 1242 of the vehicle and traffic law, as
 added by section 8 of part XX of chapter 58 of  the  laws  of  2020,  is
 amended to read as follows:
   2. No person less than [sixteen] EIGHTEEN years of age shall operate a
 bicycle  with  electric assist. The failure of any person to comply with
 the provisions of this subdivision  shall  not  constitute  contributory
 negligence or assumption of risk, and shall not in any way bar, preclude
 or  foreclose  an  action for personal injury or wrongful death by or on
 behalf of such person, nor in any way diminish  or  reduce  the  damages
 recoverable in any such action.
   §  4.  The  article heading of article 34-d of the vehicle and traffic
 law, as added by section 10 of part XX of chapter  58  of  the  laws  of
 2020, is amended to read as follows:
               REGISTRATION AND OPERATION OF ELECTRIC SCOOTERS
   § 5. The vehicle and traffic law is amended by adding two new sections
 1290 and 1291 to read as follows:
   §  1290.  REGISTRATION OF CERTAIN ELECTRIC SCOOTERS. 1. EVERY ELECTRIC
 SCOOTER WHICH HAS AN ELECTRIC MOTOR  THAT  DOES  NOT  CEASE  TO  PROVIDE
 ASSISTANCE  WHEN  SUCH BICYCLE OR SCOOTER REACHES A SPEED OF FORTY MILES
 PER HOUR SHALL BE REGISTERED AND ISSUED A LICENSE PLATE BY  THE  DEPART-
 MENT.  NO  PERSON  SHALL  OPERATE SUCH AN ELECTRIC SCOOTER ON THE PUBLIC
 HIGHWAYS UNLESS SUCH ELECTRIC SCOOTER 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
 COLOR  OF THE NUMBER PLATES AND THAT OF THE NUMERALS OR LETTERS THEREON,
 AND PROVIDED FURTHER THAT NO SUCH ELECTRIC  SCOOTER  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 SUCH ELECTRIC SCOOT-
 ER IS PERSONAL OR COMMERCIAL IN NATURE.
 A. 8838                             3
 
   4. EACH SUCH LICENSE PLATE SHALL BE  CONSPICUOUSLY  DISPLAYED  ON  THE
 REAR  OF  THE  ELECTRIC  SCOOTER, 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.
   § 1291. SALE OF ELECTRIC SCOOTERS. 1. NO PERSON SHALL SELL AN ELECTRIC
 SCOOTER TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE.
   2. NO PERSON SHALL ACCEPT AS WRITTEN  EVIDENCE  OF  AGE  BY  ANY  SUCH
 PERSON  FOR THE PURCHASE OF AN ELECTRIC SCOOTER ANY DOCUMENT OTHER THAN:
 (A) A VALID DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD ISSUED BY
 THE COMMISSIONER OF MOTOR VEHICLES, THE FEDERAL GOVERNMENT,  ANY  UNITED
 STATES  TERRITORY, COMMONWEALTH OR POSSESSION, THE DISTRICT OF COLUMBIA,
 A STATE GOVERNMENT WITHIN THE UNITED STATES OR A  PROVINCIAL  GOVERNMENT
 OF  THE DOMINION OF CANADA; OR (B) A VALID PASSPORT ISSUED BY THE UNITED
 STATES GOVERNMENT OR ANY OTHER COUNTRY; OR (C)  AN  IDENTIFICATION  CARD
 ISSUED BY THE ARMED FORCES OF THE UNITED STATES.
   3.  UPON  THE  SALE OF AN ELECTRIC SCOOTER, THE SELLER SHALL SUBMIT TO
 THE COMMISSIONER, IN A FORM AND MANNER AS PROVIDED  FOR  BY  REGULATIONS
 PROMULGATED  BY  THE COMMISSIONER, A COPY OF THE WRITTEN EVIDENCE OF AGE
 PROVIDED BY THE PURCHASER.
   § 6. Subdivision 4 of section 1282 of the vehicle and traffic law,  as
 added  by  section  10  of part XX of chapter 58 of the laws of 2020, is
 amended to read as follows:
   4. No person less than [sixteen] EIGHTEEN years of age  shall  operate
 or ride as a passenger upon an electric scooter, and no person [sixteen]
 EIGHTEEN  years  of  age  or  older  shall  allow  any  person less than
 [sixteen] EIGHTEEN years of age to operate or ride as a  passenger  upon
 such scooter.
   §  7. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.