Senate Bill S8910

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8910
 
                             I N  S E N A T E
 
                             January 14, 2026
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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  increasing
   penalties  for  reckless  operation  and  unauthorized modification of
   electric personal mobility devices
 
   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
 section 114-f to read as follows:
   § 114-F. ELECTRIC SKATEBOARD. EVERY  DEVICE  WEIGHING  LESS  THAN  ONE
 HUNDRED POUNDS THAT:
   (A) MAY HAVE HANDLEBARS, A FLOORBOARD DESIGNED TO BE STOOD UPON BY THE
 OPERATOR  THAT  IS  NO  MORE  THAN SIXTY INCHES LONG AND EIGHTEEN INCHES
 WIDE, AND AN ELECTRIC MOTOR;
   (B) CAN BE POWERED BY AN ELECTRIC MOTOR AND/OR HUMAN POWER;
   (C) IS DESIGNED TO TRANSPORT ONLY ONE PERSON AT A TIME; AND
   (D) HAS A MAXIMUM SPEED OF NO MORE THAN TWENTY-FIVE MILES PER HOUR  ON
 A PAVED LEVEL SURFACE WHEN POWERED SOLELY BY THE ELECTRIC MOTOR.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1809-f to read as follows:
   § 1809-F. INCREASED PENALTIES FOR RECKLESS OPERATION AND  UNAUTHORIZED
 MODIFICATION  OF  ELECTRIC PERSONAL MOBILITY DEVICES. 1. FOR PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ELECTRIC PERSONAL MOBILITY DEVICE" SHALL MEAN AN ELECTRIC BICYCLE
 WITH ASSIST AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS CHAPTER,  AN
 ELECTRIC  SCOOTER  AS  DEFINED IN SECTION ONE HUNDRED FOURTEEN-E OF THIS
 CHAPTER, A HOVERBOARD, OR AN ELECTRIC SKATEBOARD AS DEFINED  IN  SECTION
 ONE HUNDRED FOURTEEN-F OF THIS CHAPTER.
   (B)  "RECKLESS  OPERATION" SHALL MEAN DRIVING ON SIDEWALKS IN A MANNER
 THAT ENDANGERS PEDESTRIANS, IGNORING TRAFFIC  CONTROL  DEVICES  SUCH  AS
 STOP  SIGNS  AND  TRAFFIC LIGHTS, OPERATING AGAINST THE FLOW OF TRAFFIC,
 AND TRAVELING AT EXCESSIVE SPEEDS IN PEDESTRIAN-HEAVY OR SCHOOL ZONES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14404-01-6
 S. 8910                             2
              

 
   (C) "ILLEGALLY MODIFIED" SHALL MEAN THE MODIFICATION  OF  AN  ELECTRIC
 PERSONAL  MOBILITY  DEVICE  TO  EXCEED  MANUFACTURER SET SPEED LIMITS OR
 BYPASS SAFETY REGULATIONS.
   2.  IF AN INDIVIDUAL IS FOUND TO HAVE ENGAGED IN RECKLESS OPERATION OF
 AN ELECTRIC PERSONAL MOBILITY DEVICE, A FIRST OFFENSE SHALL RESULT IN  A
 FINE  OF  UP TO TWO HUNDRED FIFTY DOLLARS AND THE COMPLETION OF A SAFETY
 EDUCATION COURSE BY THE OFFENDER. A SECOND OFFENSE COMMITTED WITHIN  TWO
 YEARS  FROM  THE  FIRST  OFFENSE  SHALL  RESULT  IN A FINE OF UP TO FIVE
 HUNDRED DOLLARS AND MAY ALSO RESULT IN  TEMPORARY  CONFISCATION  OF  THE
 ELECTRIC  PERSONAL  MOBILITY  DEVICE  USED  FOR A PERIOD OF UP TO THIRTY
 DAYS. A THIRD AND SUBSEQUENT OFFENSES SHALL RESULT IN A FINE  OF  UP  TO
 ONE  THOUSAND  DOLLARS,  PERMANENT CONFISCATION OF THE ELECTRIC PERSONAL
 MOBILITY DEVICE USED AND POTENTIAL  MISDEMEANOR  CHARGES  IF  INJURY  OR
 PROPERTY DAMAGE RESULTS FROM SUCH RECKLESS OPERATION.
   3.  ANY  INDIVIDUAL  WHO  HAS BEEN FOUND TO HAVE ILLEGALLY MODIFIED AN
 ELECTRIC PERSONAL MOBILITY DEVICE SHALL BE SUBJECT TO A FINE  OF  UP  TO
 SEVEN  HUNDRED  FIFTY  DOLLARS,  IMMEDIATE CONFISCATION OF SUCH ELECTRIC
 PERSONAL MOBILITY DEVICE, AND CIVIL LIABILITY FOR ANY RESULTING HARM. AN
 INDIVIDUAL MAY RETRIEVE A CONFISCATED DEVICE ONLY AFTER  ALL  FINES  ARE
 PAID, ANY CIVIL LIABILITY IS RESOLVED, AND THE INDIVIDUAL PROVIDES WRIT-
 TEN  DOCUMENTATION  FROM A CERTIFIED MECHANIC CONFIRMING THAT THE DEVICE
 IS SCHEDULED FOR REPAIR ON A SPECIFIC DATE AND THAT THE ILLEGAL  MODIFI-
 CATIONS  WILL  BE  REMOVED.  IF  THE  INDIVIDUAL  FAILS  TO COMPLETE THE
 REQUIRED MODIFICATIONS ON THE DATE SPECIFIED, THEY SHALL BE  SUBJECT  TO
 AN ADDITIONAL FINE OF UP TO ONE THOUSAND DOLLARS, PERMANENT CONFISCATION
 OF  THE  ELECTRIC  PERSONAL  MOBILITY  DEVICE,  AND A CHARGE OF RECKLESS
 ENDANGERMENT IN THE SECOND DEGREE, CLASSIFIED AS A CLASS A MISDEMEANOR.
   4. LOCAL LAW ENFORCEMENT AND TRAFFIC OFFICERS SHALL BE  AUTHORIZED  TO
 ISSUE  CITATIONS  AND CONFISCATE DEVICES AS NECESSARY IN ACCORDANCE WITH
 THE PROVISIONS OF THIS SECTION.
   5. THE DEPARTMENT  OF  TRANSPORTATION  SHALL  DEVELOP  AND  DISTRIBUTE
 PUBLIC  EDUCATION MATERIALS ON THE SAFE AND LAWFUL OPERATION OF ELECTRIC
 PERSONAL MOBILITY DEVICES. SUCH MATERIALS  SHALL  INCLUDE,  BUT  NOT  BE
 LIMITED  TO,  CLEAR  EXPLANATIONS  OF  APPLICABLE TRAFFIC LAWS AND LOCAL
 ORDINANCES, GUIDANCE ON WHERE AND HOW SUCH DEVICES MAY BE LEGALLY  OPER-
 ATED,  SUCH  AS  BIKE  LANES VS. SIDEWALKS, INFORMATION ON SPEED LIMITS,
 HELMET USE, AND AGE RESTRICTIONS, WARNINGS ABOUT THE DANGERS  AND  LEGAL
 CONSEQUENCES   OF  RECKLESS  OPERATION  OR  ILLEGAL  MODIFICATIONS,  AND
 INSTRUCTIONS FOR REPORTING UNSAFE BEHAVIOR  OR  MALFUNCTIONING  DEVICES.
 MATERIALS  SHALL BE MADE AVAILABLE IN MULTIPLE FORMATS, INCLUDING PRINT,
 DIGITAL, AND ON SOCIAL MEDIA, AND SHALL BE DISTRIBUTED THROUGH  SCHOOLS,
 COMMUNITY CENTERS, AND RETAIL OUTLETS THAT SELL OR RENT ELECTRIC MOBILI-
 TY  DEVICES  IN  THE STATE OF NEW YORK. THE DEPARTMENT OF TRANSPORTATION
 SHALL ALSO COLLABORATE WITH LOCAL GOVERNMENTS  AND  LAW  ENFORCEMENT  TO
 ENSURE CONSISTENT MESSAGING AND COMMUNITY OUTREACH.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.