S T A T E O F N E W Y O R K
________________________________________________________________________
350
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. RAJKUMAR, SEAWRIGHT -- read once and referred to
the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring
bicycles with electric assist and electric scooters be inspected and
registered with the department of motor vehicles and carry liability
insurance
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 two new
sections 1244 and 1245 to read as follows:
§ 1244. REGISTRATION AND INSPECTION OF BICYCLES WITH ELECTRIC ASSIST.
1. EVERY BICYCLE WITH ELECTRIC ASSIST AS DEFINED IN SECTION ONE HUNDRED
TWO-C OF THIS CHAPTER SHALL BE REGISTERED AND ISSUED A NUMBER PLATE BY
THE DEPARTMENT. NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST
UNLESS SUCH BICYCLE WITH ELECTRIC ASSIST 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 NUMBER 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.
3. EACH SUCH NUMBER PLATE SHALL BE CONSPICUOUSLY DISPLAYED ON THE REAR
OF THE BICYCLE, SECURELY FASTENED SO AS TO PREVENT THE SAME FROM SWING-
ING.
4. THE FEE FOR SUCH NUMBER PLATES SHALL BE DETERMINED BY THE COMMIS-
SIONER.
5. THE COMMISSIONER SHALL REQUIRE THAT EVERY BICYCLE WITH ELECTRIC
ASSIST REGISTERED IN THIS STATE BE INSPECTED ANNUALLY AND SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01422-01-5
A. 350 2
PRESCRIBE THE STANDARDS AND THE MECHANISMS TO BE INSPECTED; PROVIDED
THAT THE COMMISSIONER SHALL REQUIRE THAT SUCH INSPECTION SHALL INCLUDE
INSPECTION OF THE BATTERY. THE COMMISSIONER SHALL PRESCRIBE RULES FOR
THE ISSUANCE OF SEPARATE INSPECTION CERTIFICATES FOR THE BICYCLE AND
THE BATTERY WHICH SHALL CONTAIN THE SAME SERIAL NUMBER BUT WHICH SHALL
INDICATE WHICH COMPONENT THE CERTIFICATE IS FOR.
6. WHERE THERE IS A VIOLATION OF THIS SECTION, THE FINE FOR SUCH
VIOLATION SHALL BE DETERMINED BY THE COMMISSIONER.
§ 1245. LIABILITY INSURANCE. 1. A BICYCLE WITH ELECTRIC ASSIST REGIS-
TERED UNDER THIS ARTICLE 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
COVERAGE AGAINST LOSS FROM THE LIABILITY IMPOSED BY LAW FOR DAMAGES,
INCLUDING DAMAGES FOR CARE AND LOSS OF SERVICES, BECAUSE OF BODILY INJU-
RY TO OR DEATH OF ANY PERSON AND INJURY TO OR DESTRUCTION OF PROPERTY
ARISING OUT OF THE OWNERSHIP, MAINTENANCE, USE, OR OPERATION OF A BICY-
CLE WITH ELECTRIC ASSIST AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS
CHAPTER, IN SUCH AMOUNTS AS THE SUPERINTENDENT SHALL PRESCRIBE.
2. PROOF OF INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
AND DISPLAYED BY THE OWNER OR OPERATOR OF SUCH BICYCLE WITH ELECTRIC
ASSIST UPON THE REQUEST OF 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 BICYCLE WITH ELECTRIC ASSIST 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 BICYCLE WITH ELECTRIC
ASSIST 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
BICYCLE WITH ELECTRIC ASSIST 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 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 BICYCLE WITH ELECTRIC ASSIST SHALL OPERATE OR PERMIT
THE SAME TO BE OPERATED ANYWHERE IN THIS STATE OTHER THAN ON LANDS OF
THE OWNER OF THE BICYCLE WITH ELECTRIC ASSIST WITHOUT HAVING IN FULL
FORCE AND EFFECT THE LIABILITY INSURANCE COVERAGE REQUIRED BY THIS
SECTION, AND NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST
ANYWHERE IN THIS STATE OTHER THAN ON LANDS OF THE OWNER OF THE BICYCLE
WITH ELECTRIC ASSIST WITH THE KNOWLEDGE THAT SUCH INSURANCE IS NOT IN
FULL FORCE AND EFFECT.
§ 2. The vehicle and traffic law is amended by adding two new sections
1290 and 1291 to read as follows:
§ 1290. REGISTRATION AND INSPECTION OF ELECTRIC SCOOTERS. 1. EVERY
ELECTRIC SCOOTER, OF ANY CLASS, AS DEFINED IN SECTION ONE HUNDRED FOUR-
TEEN-E OF THIS CHAPTER SHALL BE REGISTERED AND ISSUED A NUMBER PLATE BY
THE DEPARTMENT. NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER UNLESS SUCH
DEVICE 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 NUMBER 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,
A. 350 3
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.
3. EACH SUCH NUMBER PLATE SHALL BE CONSPICUOUSLY DISPLAYED ON THE REAR
OF THE ELECTRIC SCOOTER, SECURELY FASTENED SO AS TO PREVENT THE SAME
FROM SWINGING.
4. THE FEE FOR SUCH NUMBER PLATES SHALL BE DETERMINED BY THE COMMIS-
SIONER.
5. THE COMMISSIONER SHALL REQUIRE THAT EVERY ELECTRIC SCOOTER IN THIS
STATE BE INSPECTED ANNUALLY AND SHALL PRESCRIBE THE STANDARDS AND THE
MECHANISMS TO BE INSPECTED; PROVIDED THAT THE COMMISSIONER SHALL REQUIRE
THAT SUCH INSPECTION SHALL INCLUDE INSPECTION OF THE BATTERY. THE
COMMISSIONER SHALL PRESCRIBE RULES FOR THE ISSUANCE OF SEPARATE
INSPECTION CERTIFICATES FOR THE SCOOTER AND THE BATTERY WHICH SHALL
CONTAIN THE SAME SERIAL NUMBER BUT WHICH SHALL INDICATE WHICH COMPONENT
THE CERTIFICATE IS FOR.
6. WHERE THERE IS A VIOLATION OF THIS SECTION, THE FINE FOR SUCH
VIOLATION SHALL BE DETERMINED BY THE COMMISSIONER.
§ 1291. LIABILITY INSURANCE. 1. AN ELECTRIC SCOOTER WHICH IS OPERATED
ANYWHERE OTHER THAN 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 POLICY SHALL PROVIDE FOR COVERAGE AGAINST LOSS FROM THE
LIABILITY IMPOSED BY LAW FOR DAMAGES, INCLUDING DAMAGES FOR CARE AND
LOSS OF SERVICES, BECAUSE OF BODILY INJURY TO OR DEATH OF ANY PERSON AND
INJURY TO OR DESTRUCTION OF PROPERTY ARISING OUT OF THE OWNERSHIP, MAIN-
TENANCE, USE, OR OPERATION OF AN ELECTRIC SCOOTER AS DEFINED IN SECTION
ONE HUNDRED FOURTEEN-E OF THIS CHAPTER, IN SUCH AMOUNTS AS THE SUPER-
INTENDENT SHALL PRESCRIBE.
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 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 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.
§ 3. This act shall take effect immediately.