NY State Senate Bill 2023-S5158

Senate Bill S5158

2023-2024 Legislative Session

Establishes an electric scooter operator's safety manual, licensing requirement and insurance requirement

download bill text pdf

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Feb 23, 2023	referred to transportation

co-Sponsors

2023-S5158 (ACTIVE) - Details

See Assembly Version of this Bill:: A8079
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 12-E §§399-aa - 399-cc, §§1290, 1291 & 1292, amd §§502 & 504, V & T L; amd §5103, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S9614

2023-S5158 (ACTIVE) - Summary

Establishes a bicycle and electric scooter operator's safety manual; provides for the issuance of a license for residents who successfully read and comprehend the operator's safety manual; requires residents who operate an electric scooter in New York City to have a license to operate such devices; requires instruction in electric scooter safety as part of the drivers pre-licensing course

2023-S5158 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5158

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to establishing
an electric scooter operator's safety manual and licensing requirement;
to amend the vehicle and traffic law, in relation to requiring instruc-
tion in electric scooter safety as part of the drivers pre-licensing
course; to amend the vehicle and traffic law and the insurance law, in
relation to requiring liability insurance for electric scooters in
cities having a population of one million or more; and to amend the
vehicle and traffic law, in relation to requirements for the sale and
purchase of electric scooters

 
PURPOSE:

To require a safety manual, education course, and licensing requirement
for the operation of an electric scooter. Also requires liability insur-
ance to operate electric scooters in cities with a population of one
million or greater.

SUMMARY OF PROVISIONS:

Section 1 - adds a new article (12-E), amending the vehicle and traffic
law; Adds § 399-aa: Sets forth requirements for an Electric scooter
operator's safety manual. § 399-bb: Sets licensing requirements for the
operation of an electric scooter; sets licensing fees. § 399-cc: Sets
rules and regulations to make the requirements of this article enforcea-
ble.

Section 2 - Adds a new paragraph (a-2) to subdivision 1 of section 504
of the vehicle and traffic law, which sets forth proof that an
owner/operator has reviewed the operator's safety manual prior to the
receipt of a new license or license renewal.

Section 3 - Adds a new section (1290) to the vehicle and traffic law,
prohibiting the operation of an electric scooter on public roads in
cities with a population of one million or greater without a proper
electric scooter driver's license.

Section 4 - Amends paragraphs (a) (b) and (d) subdivision 4 of section
502 of the vehicle and traffic law to require a new paragraph (c-6) and
require the passage of an "Electric Scooter Safety Awareness Test" prior
to the receipt of an electric scooter driver's license.

Section 5 - Amends the vehicle and traffic safety law, adding a new (g
1291) setting liability insurance requirements for cities with a popu-
lation of one million or greater; 1: gives the commissioner discretion
to grant liability insurance waivers and certificates of self-assurance
on a case by case basis; 2 and 3: sets proof of insurance requirements
for operators and owners; 4: prohibits the operation of an electric
scooter anywhere in New York State except for on the lands of the owner
of the electric scooter without insurance.

Section 6 - Amends subsection (f) of section 5103 of the insurance law
to include electric scooters.


Section 7 - Amends the vehicle and traffic law, adding § 1292 setting
purchasing requirements; 1. Requires licenses for purchasers in cities
with a population of one million or greater; 2: Requires dealers to
verify an operator% license and liability insurance prior to the sale of
an electric scooter in cities with a population of one million or great-
er; 3. Sets fines for violating any of the provisions of this section.

Section 8 - Sets forth the effective date of this legislation.

 
EXISTING LAW:

None

 
JUSTIFICATION:

In 1924, New York State began requiring all drivers to have a license.
At the time of the passage of this law, the primary vehicle on the roads
was the car. Almost 100 years later, newer forms of transportation have
risen to prominence such as the motorcyle. New York State has modified
the traffic safety laws to regulations to keep streets and pedestrians
safe and should do so with the rise of electric scooters.

Over the past few years, electric scooters have become a popular means
of urban transportation. Despite this, electric scooters lack the traf-
fic and safety laws that apply to the other common means of transporta-
tion. In most states in the US, operators do not need a license, regis-
tration, or insurance to drive electric scooters. By simply requiring
operators and owners to study the rules of the road, acquire a driver's
license, and obtain liability insurance, we will improve road safety on
congested streets, saving hundreds of lives.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the 180th day after is shall become law.

2023-S5158 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5158
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   an  electric  scooter  operator's safety manual and licensing require-
   ment; to amend the vehicle and traffic law, in relation  to  requiring
   instruction  in electric scooter safety as part of the drivers pre-li-
   censing course; to amend the vehicle and traffic law and the insurance
   law, in relation to requiring liability insurance for electric  scoot-
   ers in cities having a population of one million or more; and to amend
   the  vehicle and traffic law, in relation to requirements for the sale
   and purchase of electric scooters
 
   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 12-E to read as follows:
                               ARTICLE 12-E
           ELECTRIC SCOOTER SAFETY EDUCATION COURSE AND LICENSE
 SECTION 399-AA. ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL.
         399-BB. LICENSE FOR THE OPERATION OF AN ELECTRIC SCOOTER.
         399-CC. RULES AND REGULATIONS.
   § 399-AA. ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL.  THE COMMISSIONER
 SHALL DEVELOP AND PUBLISH AN ELECTRIC SCOOTER OPERATOR'S  SAFETY  MANUAL
 THAT  SHALL  BE AVAILABLE FOR DISTRIBUTION AND ACCESSIBLE ON THE DEPART-
 MENT'S WEBSITE. THE MANUAL SHALL INCLUDE  BUT  NOT  BE  LIMITED  TO  THE
 FOLLOWING:
   (A) AN OVERVIEW OF TRAFFIC LAWS GOVERNING ELECTRIC SCOOTERS;
   (B) THE SAFE OPERATION OF ELECTRIC SCOOTERS;
   (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 ELECTRIC SCOOTER OPERATORS AND PEDESTRIANS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09481-01-3

 S. 5158                             2
 
   §  399-BB.  LICENSE FOR THE OPERATION OF AN ELECTRIC SCOOTER.  1. UPON
 SUCCESSFUL COMPREHENSION OF THE ELECTRIC SCOOTER OPERATOR'S SAFETY MANU-
 AL, A RESIDENT MAY THEN MAKE AN APPLICATION TO RECEIVE A LICENSE FOR THE
 OPERATION OF AN ELECTRIC SCOOTER.
   2.  (A)  AN  APPLICATION FOR SUCH LICENSE SHALL BE MADE TO THE COMMIS-
 SIONER AND SHALL REQUIRE AN APPLICANT TO FURNISH PROOF OF IDENTITY, AGE,
 FITNESS AND ANY OTHER INFORMATION REQUIRED  BY  THE  COMMISSIONER.  SUCH
 APPLICATION MAY ALSO REQUIRE A PHOTOGRAPHIC IMAGE OF THE APPLICANT.
   (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.
   § 399-CC. 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  ELECTRIC
 SCOOTER OPERATOR'S SAFETY MANUAL.
   §  2.  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  LICENSE FOR THE OPERATION OF AN ELECTRIC SCOOTER AND AFTER SUBMISSION
 OF PROOF AS SET FORTH IN THIS PARAGRAPH SHALL CONTAIN  A  DISTINGUISHING
 MARK,  IN SUCH FORM AS THE COMMISSIONER SHALL DETERMINE, INDICATING THAT
 HE OR SHE HAS READ AND COMPREHENDS THE ELECTRIC SCOOTER OPERATOR'S SAFE-
 TY MANUAL.  SUCH PROOF SHALL CONSIST OF A LICENSE FOR THE  OPERATION  OF
 AN  ELECTRIC  SCOOTER THAT IS PROVIDED PURSUANT TO SECTION THREE HUNDRED
 NINETY-NINE-BB OF THIS CHAPTER. THE COMMISSIONER SHALL NOT REQUIRE  FEES
 FOR  THE  ISSUANCE  OF  SUCH  LICENSES OR RENEWALS THEREOF CONTAINING AN
 ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL  COMPREHENSION  DISTINGUISHING
 MARK  WHICH ARE DIFFERENT FROM FEES OTHERWISE REQUIRED; PROVIDED, HOWEV-
 ER, THAT NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, THE COMMISSION-
 ER 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 AN ELECTRIC SCOOTER OPERATOR'S SAFETY MANUAL COMPRE-
 HENSION DISTINGUISHING MARK TO SUCH LICENSE.
   § 3. 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 AN ELECTRIC SCOOTER ISSUED
 TO HIM OR HER PURSUANT TO ARTICLE TWELVE-E OF THIS CHAPTER.
   §  4.  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) (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,  "ELECTRIC  SCOOTER SAFETY"
 AWARENESS, and "Pedestrian and Bicyclist Safety" awareness as defined by
 the commissioner, "School Bus Safety" awareness,  the  law  relating  to
 S. 5158                             3
 
 exercising  due care to avoid colliding with a parked, stopped or stand-
 ing 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 resulting from violations of
 section eleven hundred ninety-two of this chapter, prohibiting the oper-
 ation of a motor vehicle while under the influence of alcohol or  drugs.
 Such  test  shall  include  one or more written questions concerning the
 devastating effects of "Road Rage" on the ability 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 anoth-
 er 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 questions concerning motorcycle safe-
 ty. Such test may include one or more questions concerning the  law  for
 exercising  due care to avoid colliding with a parked, stopped or stand-
 ing 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 AN ELECTRIC SCOOTER 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 ELECTRIC
 SCOOTERS. Such test may include one or more questions concerning  school
 bus  safety.  Such  test  may  include  one or more questions concerning
 pedestrian and bicyclist safety. Such test shall be administered by  the
 commissioner.  The  commissioner  shall  cause  the  applicant to take a
 vision test and a test for color blindness. Upon passage of  the  vision
 test,  the  application 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 AN "ELEC-
 TRIC SCOOTER 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
 S. 5158                             4
 
 the rear, has a steering 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 vehi-
 cle  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)  "ELECTRIC  SCOOTER SAFETY" AWARENESS COMPONENT. (I) THE COMMIS-
 SIONER SHALL PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH
 (B) OF THIS SUBDIVISION, A  MANDATORY  COMPONENT  IN  "ELECTRIC  SCOOTER
 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,  BICY-
 CLISTS,  AND SCOOTER OPERATORS CREATED BY MOTOR VEHICLES. THE PURPOSE IS
 ALSO TO EDUCATE ELECTRIC SCOOTER OPERATORS 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 ELECTRIC SCOOTERS, THE SAFE OPERATION
 OF ELECTRIC SCOOTERS, AN OVERVIEW OF TRAFFIC LAWS GOVERNING MOTOR  VEHI-
 CLE 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 PEDESTRI-
 ANS,  INCLUDING CHILDREN AND BLIND, DEAF, ELDERLY AND DISABLED PEDESTRI-
 ANS, BICYCLE LANES AS DEFINED IN SECTION ONE HUNDRED TWO-A OF THIS CHAP-
 TER, 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' OBLI-
 GATIONS  TO  COMPLY WITH ARTICLE TWENTY-TWO OF THIS CHAPTER, AND TRAFFIC
 CONTROL DEVICES AND MARKINGS RELATED TO ELECTRIC SCOOTER  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
 Rage"  awareness,  "Work  Zone  Safety"  awareness,  "Motorcycle Safety"
 awareness, "ELECTRIC SCOOTER  SAFETY"  AWARENESS,  "School  Bus  Safety"
 awareness  and  "Pedestrian  and  Bicyclist  Safety"  awareness  subject
 matters of the pre-licensing course.
   § 5. The vehicle and traffic law is amended by adding  a  new  section
 1291 to read as follows:
   §  1291. LIABILITY INSURANCE. 1. AN ELECTRIC SCOOTER WHICH IS OPERATED
 ANYWHERE IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OTHER THAN
 S. 5158                             5
 
 ON LANDS OF THE OWNER OF SUCH ELECTRIC SCOOTER 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 POLI-
 CY SHALL PROVIDE FOR COVERAGES REQUIRED OF AN "OWNER'S POLICY OF LIABIL-
 ITY  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  COMMISSIONER,  IN  HIS OR HER
 DISCRETION AND UPON APPLICATION OF A GOVERNMENTAL AGENCY  HAVING  REGIS-
 TERED  IN ITS NAME ONE OR MORE ELECTRIC SCOOTERS, MAY WAIVE THE REQUIRE-
 MENT 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  ABILITY  TO  RESPOND  TO JUDGMENTS
 OBTAINED AGAINST IT, ARISING OUT OF THE OWNERSHIP, USE OR  OPERATION  OF
 SUCH  ELECTRIC SCOOTERS. 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  ELECTRIC  SCOOTERS  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 ELECTRIC SCOOTER 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 PRESUMP-
 TIVE  EVIDENCE  THAT  SUCH  ELECTRIC  SCOOTER  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 ELECTRIC SCOOTER TO ANY
 PERSON WHO HAS SUFFERED OR CLAIMS TO HAVE SUFFERED EITHER PERSONAL INJU-
 RY OR PROPERTY DAMAGE AS A RESULT OF  THE  OPERATION  OF  SUCH  ELECTRIC
 SCOOTER  BY  THE  OWNER  OR  OPERATOR,  IF  SUCH  INSURANCE COVERAGE WAS
 REQUIRED UNDER THE CIRCUMSTANCES OF  SUCH  OPERATION.  IT  SHALL  BE  AN
 AFFIRMATIVE  DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF THIS SUBDIVI-
 SION 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 AN ELECTRIC SCOOTER SHALL OPERATE OR PERMIT THE SAME TO
 BE  OPERATED  ANYWHERE IN THIS STATE OTHER THAN ON LANDS OF THE OWNER OF
 THE ELECTRIC SCOOTER WITHOUT HAVING IN FULL FORCE AND EFFECT THE LIABIL-
 ITY INSURANCE COVERAGE REQUIRED BY THIS SECTION,  AND  NO  PERSON  SHALL
 OPERATE  AN  ELECTRIC SCOOTER ANYWHERE IN THIS STATE OTHER THAN ON LANDS
 OF THE OWNER OF THE ELECTRIC SCOOTER WITH THE KNOWLEDGE THAT SUCH INSUR-
 ANCE IS NOT IN FULL FORCE AND EFFECT.
   § 6. 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, AN ELECTRIC SCOOTER or an all terrain vehicle  in  satisfac-
 tion  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  motorcycle,
 AN  ELECTRIC  SCOOTER  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, AN ELECTRIC SCOOTER or an  all  terrain
 S. 5158                             6
 
 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, ELECTRIC SCOOTER or all terrain vehi-
 cle, another motorcycle, AN ELECTRIC SCOOTER or all terrain vehicle,  or
 any  motor  vehicle, for loss arising out of the use or operation of the
 motorcycle, AN ELECTRIC SCOOTER  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.
   §  7.  The  vehicle and traffic law is amended by adding a new section
 1292 to read as follows:
   § 1292. PURCHASE REQUIREMENTS. 1. NO PERSON SHALL PURCHASE  ANY  ELEC-
 TRIC  SCOOTER,  THROUGH  AN ONLINE OR IN-PERSON TRANSACTION, UNLESS SUCH
 PERSON HOLDS A VALID LICENSE TO OPERATE AN ELECTRIC SCOOTER PURSUANT  TO
 SECTION  THREE  HUNDRED  NINETY-NINE-BB  OF THIS CHAPTER, AND, IN A CITY
 HAVING A POPULATION OF ONE MILLION OR MORE, HAS OBTAINED  AND  MAINTAINS
 VALID  INSURANCE  COVERAGE PURSUANT TO SECTION TWELVE HUNDRED NINETY-ONE
 OF THIS ARTICLE.
   2. NO DEALER SHALL SELL OR OFFER FOR RETAIL SALE ANY ELECTRIC SCOOTER,
 THROUGH AN ONLINE OR IN-PERSON TRANSACTION, UNTIL SUCH  DEALER  RECEIVES
 PROOF  THAT  THE PURCHASER OF THE ELECTRIC SCOOTER HOLDS A VALID LICENSE
 TO OPERATE AN ELECTRIC SCOOTER PURSUANT TO SECTION THREE  HUNDRED  NINE-
 TY-NINE-BB  OF  THIS  CHAPTER, AND, IN A CITY HAVING A POPULATION OF ONE
 MILLION OR MORE, HAS OBTAINED AND  MAINTAINS  VALID  INSURANCE  COVERAGE
 PURSUANT TO SECTION TWELVE HUNDRED NINETY-ONE 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. 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 on or
 before such date.

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Senate Bill S5158

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Sponsored By

Luis R. Sepúlveda