New York State Assembly

 
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A05390 Summary:

A05390 Actions:

A05390 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:06/05/2019AYE/NAY:26/0  Action: Favorable refer to committee Codes        
Magnarelli
Aye
McDonough
Aye
Perry
Aye
DiPietro
Aye
Lupardo
Aye
Byrne
Aye
Crespo
Aye
Miller
Aye
Thiele
Aye
Norris
Aye
Bronson
Aye
DeStefano
Aye
Steck
Aye
Walczyk
Aye
Simon
Aye
Hunter
Aye
Hyndman
Aye
Williams
Aye
Ryan
Aye
Wright
Aye
Fahy
Aye
Frontus
Aye
Jacobson
Aye
McMahon
Aye
Raynor
Aye
Rozic
Aye

Committee:CODES   Chair:Lentol      
DATE:06/11/2019AYE/NAY:22/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Benedetto
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
De La Rosa
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/13/2019AYE/NAY:26/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Aye
Nolan
Excused
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Excused
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Excused
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye

A05390 Floor Votes:

A05390 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A5390B
 
SPONSOR: Lupardo

 
TITLE OF BILL:
 
An act to amend the vehicle and traffic law, in relation to the opera-
tion of a three-wheeled vehicle
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The purpose of this bill is to amend the vehicle and traffic law to
update requirements related to the operation of autocycles, three-
wheeled motor vehicles that are widely available in New York State.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1: The bill authorizes the operation of autocycles with either a
class D driver's license or class M motorcyclist's license.  Autocycles
are described as a three-wheeled motor vehicle having a steering wheel
and seating that does not require the operator to straddle or sit
astride, is equipped with seat safety belts for all occupants, and is
manufactured to comply with federal motor vehicle safety standards for
motorcycles.
 
Section 2: The bill prohibits the use of autocycles in road tests, and
takes effect prior to May eighteenth, 2020.
 
Section 3: The bill prohibits the use of autocycles in road tests, and
takes effect after May eighteenth, 2020
 
Section 4: Section 2 or Section 3 will take effect immediately; depend-
ing on the date that chapter 513 of the laws of 2019 takes effect.
 
 
JUSTIFICATION:
 
Autocycles are a recent development in the motor vehicle market. An
autocycle is a three-wheeled motorcycle that has two wheels in the front
of the vehicle and one in the back, a steering wheel, and a bucket seat
that allows the operator to sit within the vehicle and not to straddle
or sit astride during operation. Under federal and New York state laws,
autocycles are classified as motorcycles because they have less than
four wheels and have other equipment and safety features consistent with
motorcycles. However, operation of an autocycle is like that of an auto-
mobile, since the operator sits in the autocycle, steers with a steering
wheel, and uses pedals (gas, brake and clutch) during operation of the
autocycle.
 
This bill would eliminate the need for New York operators to have a
motorcycle license, as is currently required, in order to test drive or
otherwise operate an autocycle. Although a person would not be allowed
to take a road test in an autocycle, they could operate one with either
a class D driver's license or class M motorcyclist's license. New York
law has been amended over the years to reflect the availability of new
types of motor vehicles - from all-terrain vehicles to limited use auto-
mobiles. This bill would address the newest vehicle on the market, the
autocycle.
 
 
PRIOR LEGISLATIVE HISTORY:
 
Formerly A- 8482-A of 2018
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A05390 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5390--B
                                                                Cal. No. 204
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 11, 2019
                                       ___________
 
        Introduced  by  M. of A. LUPARDO, JONES -- read once and referred to the
          Committee on Transportation --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place on the order of third reading
 
        AN  ACT  to amend the vehicle and traffic law, in relation to the opera-
          tion of a three-wheeled vehicle
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraphs (iv) and (vii) of paragraph (a) of subdivi-
     2  sion 2 of section 501 of the vehicle and traffic law, subparagraph  (iv)
     3  as  amended  by  chapter  339 of the laws of 2005, subparagraph (vii) as
     4  added by chapter 173 of the  laws  of  1990,  are  amended  to  read  as
     5  follows:
     6    (iv)  Class D. Such license shall be valid to operate any passenger or
     7  limited use automobile or any truck with a GVWR of not more  than  twen-
     8  ty-six  thousand pounds or any such vehicle towing a vehicle with a GVWR
     9  of not more than ten thousand pounds, or any such vehicle towing another
    10  vehicle with a GVWR of more  than  ten  thousand  pounds  provided  such
    11  combination  of vehicles has a GCWR of not more than twenty-six thousand
    12  pounds, or any personal use vehicle with a GVWR of not more  than  twen-
    13  ty-six  thousand pounds or any such vehicle towing a vehicle with a GVWR
    14  of not more than ten thousand pounds, except it shall not  be  valid  to
    15  operate  a  tractor,  a motorcycle other than a class B or C limited use
    16  motorcycle, a vehicle used to transport passengers for hire or for which
    17  a hazardous materials endorsement is required, or a vehicle defined as a
    18  bus in subdivision one of section five hundred  nine-a  of  this  title.
    19  Such  license also shall be valid to operate a three-wheeled motor vehi-
    20  cle that has a steering wheel and seating which  does  not  require  the
    21  operator  to  straddle or sit astride, is equipped with safety belts for
    22  all occupants and is manufactured to comply with federal  motor  vehicle
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05151-13-0
        A. 5390--B                          2
 
     1  safety  standards  for  motorcycles  including,  but  not limited to, 49
     2  C.F.R. part 571.
     3    (vii)  Class M. Such license shall be valid to operate any motorcycle,
     4  or any motorcycle, other than a limited use motorcycle, towing a  trail-
     5  er.  Such  license  also shall be valid to operate a three-wheeled motor
     6  vehicle that has a steering wheel and seating which does not require the
     7  operator to straddle or sit astride, is equipped with safety  belts  for
     8  all  occupants  and is manufactured to comply with federal motor vehicle
     9  safety standards for motorcycles  including,  but  not  limited  to,  49
    10  C.F.R. part 571.
    11    §  2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and
    12  traffic law, as amended by chapter 355 of the laws of 2017,  is  amended
    13  to read as follows:
    14    (b)  Upon successful completion of the requirements set forth in para-
    15  graph (a) of this subdivision which shall include an  alcohol  and  drug
    16  education component as described in paragraph (c) of this subdivision, a
    17  "Road  Rage" awareness component as described in paragraph (c-1) of this
    18  subdivision and a "Work Zone Safety" awareness component as described in
    19  paragraph (c-2) of this subdivision, and a "Motorcycle Safety" awareness
    20  component as described  in  paragraph  (c-3)  of  this  subdivision  the
    21  commissioner  shall  cause the applicant to take a road test in a repre-
    22  sentative vehicle of a type prescribed by the commissioner  which  shall
    23  be  appropriate  to  the  type of license for which application is made,
    24  except that the commissioner may waive the road  test  requirements  for
    25  certain  classes of applicants. Provided, however, that the term "repre-
    26  sentative vehicle" shall not include a three-wheeled motor vehicle  that
    27  has  a steering wheel and seating which does not require the operator to
    28  straddle or sit astride, is equipped with safety belts for all occupants
    29  and is manufactured to comply with federal motor vehicle  safety  stand-
    30  ards  for motorcycles including, but not limited to, 49 C.F.R. part 571.
    31  The commissioner shall have the power to establish a  program  to  allow
    32  persons  other than employees of the department to conduct road tests in
    33  representative vehicles when such tests are required for  applicants  to
    34  obtain a class A, B or C license. If she chooses to do so, she shall set
    35  forth her reasons in writing and conduct a public hearing on the matter.
    36  She  shall  only establish such a program after holding the public hear-
    37  ing.
    38    § 3. Paragraph (b) of subdivision 4 of section 502 of the vehicle  and
    39  traffic  law,  as amended by chapter 513 of the laws of 2019, is amended
    40  to read as follows:
    41    (b) Upon successful completion of the requirements set forth in  para-
    42  graph  (a)  of  this subdivision which shall include an alcohol and drug
    43  education component as described in paragraph (c) of this subdivision, a
    44  "Road Rage" awareness component as described in paragraph (c-1) of  this
    45  subdivision and a "Work Zone Safety" awareness component as described in
    46  paragraph  (c-2)  of  this  subdivision, a "Motorcycle Safety" awareness
    47  component as described in paragraph (c-3) of  this  subdivision,  and  a
    48  "School  Bus Safety" awareness component as described in paragraph (c-4)
    49  of this subdivision the commissioner shall cause the applicant to take a
    50  road test in a representative  vehicle  of  a  type  prescribed  by  the
    51  commissioner which shall be appropriate to the type of license for which
    52  application  is  made,  except  that the commissioner may waive the road
    53  test requirements for certain classes of applicants. Provided,  however,
    54  that the term "representative vehicle" shall not include a three-wheeled
    55  motor  vehicle  that  has  a  steering  wheel and seating which does not
    56  require the operator to straddle or sit astride, is equipped with safety
        A. 5390--B                          3
 
     1  belts for all occupants and is manufactured to comply with federal motor
     2  vehicle safety standards for motorcycles including, but not limited  to,
     3  49 C.F.R. part 571. The commissioner shall have the power to establish a
     4  program  to  allow  persons  other  than  employees of the department to
     5  conduct road tests  in  representative  vehicles  when  such  tests  are
     6  required  for  applicants  to  obtain  a class A, B or C license. If she
     7  chooses to do so, she shall set forth her reasons in writing and conduct
     8  a public hearing on the matter.  She shall only establish such a program
     9  after holding the public hearing.
    10    § 4. This act shall take effect immediately; provided,  however,  that
    11  if  chapter  513  of  the laws of 2019 shall not have taken effect on or
    12  before such date then section three of this act shall take effect on the
    13  same date and in the same manner as such chapter of the  laws  of  2019,
    14  takes effect.

A05390 LFIN:

 
NO LFIN

A05390 Chamber Video/Transcript: