Assembly Bill A9568

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9568
 
                           I N  A S S E M B L Y
 
                             January 14, 2026
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
   electric scooter service platforms to maintain insurance coverage
 
   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
                ELECTRIC SCOOTER SERVICE PLATFORM INSURANCE
 SECTION 1290. DEFINITIONS.
         1291. LIABILITY INSURANCE.
   § 1290. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "DIGITAL NETWORK" MEANS ANY ELECTRONIC SYSTEM OR SERVICE OFFERED OR
 UTILIZED BY AN ELECTRIC SCOOTER SERVICE PLATFORM THAT THROUGH THE USE OF
 AN  APP  ACCESSED THROUGH A PHONE, TABLET, COMPUTER, OR A DIGITAL TOKEN,
 DIGITAL KEY, OR SUBSTANTIALLY SIMILAR TECHNOLOGY, ENABLES THE UNLOCKING,
 ACCESS, OPERATION, DOCKING, CHARGING, AND PAYMENT FOR USE OF A SCOOTER.
   2. "ELECTRIC SCOOTER SERVICE PLATFORM" MEANS  A  PERSON,  CORPORATION,
 PARTNERSHIP,  SOLE PROPRIETORSHIP, OR OTHER ENTITY OPERATING IN NEW YORK
 STATE THAT OWNS, LEASES, OR CONTROLS MORE THAN TWO ELECTRIC SCOOTERS AND
 PROVIDES THEM FOR USE BY THE PUBLIC, WHERE ACCESS TO  AND  OPERATION  OF
 SUCH SCOOTERS IS THROUGH USING A DIGITAL NETWORK.
   3.  "TRIP"  MEANS THE LAWFUL OPERATION OF AN ELECTRIC SCOOTER OWNED OR
 CONTROLLED BY  AN  ELECTRIC  SCOOTER  SERVICE  PLATFORM,  SUBSEQUENT  TO
 ACCESSING SUCH ELECTRIC SCOOTER THROUGH A DIGITAL NETWORK.
   §  1291.  LIABILITY  INSURANCE.  1. NO ELECTRIC SCOOTER, AS DEFINED IN
 SECTION ONE HUNDRED FOURTEEN-E OF THIS CHAPTER SHALL BE OFFERED FOR  USE
 THROUGH  AN  ELECTRIC SCOOTER SERVICE PLATFORM UNLESS IT IS COVERED BY A
 POLICY OF INSURANCE, IN SUCH LANGUAGE AND FORM AS  SHALL  BE  DETERMINED
 AND ESTABLISHED BY THE SUPERINTENDENT OF FINANCIAL SERVICES. AN ELECTRIC
 SCOOTER  SERVICE PLATFORM, THROUGH A GROUP POLICY, SHALL MAINTAIN INSUR-
 ANCE THAT PROVIDES FINANCIAL RESPONSIBILITY COVERAGE UPON  THE  OPERATOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14018-03-5
 A. 9568                             2

 ACCESSING  A  SCOOTER THROUGH A DIGITAL NETWORK AND THROUGHOUT THE DURA-
 TION OF THE OPERATOR'S TRIP.
   2.  SUCH POLICY SHALL OFFER COVERAGE OF NO LESS THAN TWENTY-FIVE THOU-
 SAND DOLLARS PER OCCURRENCE IN THE EVENT OF  AN  ACCIDENT  INVOLVING  AN
 APP-BASED ELECTRIC SCOOTER SERVICE PLATFORM VEHICLE. SUCH COVERAGE SHALL
 BE  PRIMARY  OVER ANY OTHER COVERAGE. IT MAY BE PROVIDED INDIVIDUALLY OR
 ON A GROUP BASIS BY AN AUTHORIZED INSURANCE COMPANY OR  THROUGH  A  DULY
 LICENSED EXCESS LINE BROKER.
   3.  SUCH  POLICY  SHALL  PROVIDE  FOR  COVERAGE  AGAINST LOSS FROM THE
 LIABILITY IMPOSED BY LAW FOR MEDICAL PAYMENTS BECAUSE OF  BODILY  INJURY
 TO  OR  DEATH  OF  ANY  PERSON; AND INJURY TO OR DESTRUCTION OF PROPERTY
 ARISING OUT OF THE OWNERSHIP, MAINTENANCE, USE, OR OPERATION OF AN ELEC-
 TRIC SCOOTER OWNED OR CONTROLLED BY AN ELECTRIC SCOOTER SERVICE PLATFORM
 WHILE THE OPERATOR HAS ACCESSED AN ELECTRIC SCOOTER  THROUGH  A  DIGITAL
 NETWORK  AND THROUGHOUT THE DURATION OF THE OPERATOR'S TRIP. SUCH POLICY
 SHALL NOT PROVIDE PERSONAL INJURY PROTECTION PURSUANT TO ARTICLE  FIFTY-
 ONE OF THE INSURANCE LAW.
   4.  PROOF  OF  INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
 AND DISPLAYED BY AN ELECTRIC SCOOTER SERVICE PLATFORM UPON  THE  REQUEST
 OF  ANY  PERSON HAVING AUTHORITY TO ENFORCE THE PROVISIONS OF THIS CHAP-
 TER. 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.
   5. 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  INJURY  OR
 PROPERTY  DAMAGE  AS A RESULT OF THE OPERATION OF SUCH ELECTRIC SCOOTER,
 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.
   § 2. 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.