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A08838 Summary:

BILL NOA08838
 
SAME ASNo Same As
 
SPONSORJackson
 
COSPNSR
 
MLTSPNSR
 
Amd Art 34 Art Head, Art 34-D Art Head, §§1242 & 1282, add §§1244, 1245, 1290 & 1291, V & T L
 
Requires license plates for certain bicycles with electric assist and electric scooters; requires a person be eighteen years of age to operate or purchase bicycles with electric assist and electric scooters.
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A08838 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8838
 
SPONSOR: Jackson
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring license plates for certain bicycles with electric assist and electric scooters and requiring a person be eighteen years of age to operate or purchase bicycles with electric assist and electric scooters   PURPOSE OR GENERAL IDEA OF BILL: To regulate the use and sale of certain bicycles with electric assist and electric scooters.   SUMMARY OF PROVISION: Section 1: Amends the heading of article 34 of the vehicle and traffic law, amending chapter 694 of the laws of 1995 to read as follows: Registration and Operation of Bicycles and Play Devices Section 2: Amends the vehicle and traffic law by adding two new sections 1244 and 1245. Section 1244 outlines the registration and license plates of electric bicycles. Section 1245 includes the sale of bicycles with electric assist. Section 3: Amends subdivision 2 of section 1242, adds section 8 of part XX of chapter 58 of the laws of 2020, includes new age requirement for operating bicycles with electric assist.. Section 4: Amends the heading of article 34-d of the vehicle and traffic law, adding section 10 of part XX of chapter 58 of the laws of 2020, reads as follows: Registration and Operation of Electric Scooters Section 5: Amends the vehicle and traffic law by adding two new sections 1290 and 1291. Section 1290 outlines the registration and license plates of electric scooters. Section 1291 includes the sale of electric scoot- ers. Section 6: Amends subdivision 4 of section 1282 of the vehicle and traf- fic law, adds section 10 of part XX of chapter 58 of the laws of 2020, includes new age requirement for operating electric scooters. Section 7: This act shall take effect on the first of January next succeeding the date on which it shall have become a law.   JUSTIFICATION: In 2023, New York City witnessed a significant increase in fatalities related to electric scooters and electric bicycles. Motorized vehicles surpassed traditional bicycles in fatalities, raising concerns for statewide street safety. According to the Department of Transportation, electric scooters were involved in six deaths, and pedaled e-bikes were associated with twelve fatal crashes as of July 4, 2023. FDNY also reported that lithium-ion battery fires from e-bikes and e-scooters resulted in 18 fatalities and 133 injuries. These alarming statistics highlight an urgency to implement regulations such as requiring license plates and establishing an age limit. These regulations address account- ability issues, aid in accident investigations, and reduce hit-and-run incidents. These regulations also address safety concerns, mitigate risks, and guard the use and sale of electric-assist bicycles and scoot- ers.   PRIOR LEGISLATIVE HISTORY: A7916 of 2023-24; Referred to Transportation A8471 of 2023-24; Referred to Transportation S1372 of 2023-24; Referred to Transportation S7732 of 2023-24; Referred to Transportation   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
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A08838 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8838
 
                   IN ASSEMBLY
 
                                    January 18, 2024
                                       ___________
 
        Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
          tee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
          license  plates for certain bicycles with electric assist and electric
          scooters and requiring a person be eighteen years of age to operate or
          purchase bicycles with electric assist and electric scooters

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The article heading of article 34 of the vehicle and traf-
     2  fic law, as amended by chapter 694 of the laws of 1995,  is  amended  to
     3  read as follows:
     4            REGISTRATION AND OPERATION OF BICYCLES AND PLAY DEVICES
     5    § 2. The vehicle and traffic law is amended by adding two new sections
     6  1244 and 1245 to read as follows:
     7    §  1244.  Registration  of  certain  bicycles with electric assist. 1.
     8  Every bicycle with electric assist which has an electric motor that does
     9  not cease to provide assistance when such bicycle or scooter  reaches  a
    10  speed  of  forty miles per hour shall be registered and issued a license
    11  plate by the department. No person shall operate  such  a  bicycle  with
    12  electric assist on the public highways unless such bicycle with electric
    13  assist shall have a distinctive number assigned to it by the commission-
    14  er  and  a  number plate issued by the commissioner with a number corre-
    15  sponding to that of the certificate of registration.
    16    2. Such license plates shall be of such  material,  form,  design  and
    17  dimensions  and contain or set forth such distinguishing number or other
    18  identification marks as  the  commissioner  shall  prescribe,  provided,
    19  however,  that there shall be at all times a marked contrast between the
    20  color of the number plates and that of the numerals or letters  thereon,
    21  and  provided  further  that  no such bicycle with electric assist shall
    22  display the number plates of more than one state at a  time,  nor  shall
    23  any plate be used other than those issued by the commissioner.
    24    3.  Each  such  license plate shall identify whether such bicycle with
    25  electric assist is personal or commercial in nature.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13112-01-3

        A. 8838                             2
 
     1    4. Each such license plate shall be  conspicuously  displayed  on  the
     2  rear  of  the  bicycle  with electric assist, securely fastened so as to
     3  prevent the same from swinging.
     4    5.  The  fee for such license plates shall be a nominal fee determined
     5  by the commissioner.
     6    § 1245. Sale of bicycles with electric assist. 1. No person shall sell
     7  a bicycle with electric assist to a person less than eighteen  years  of
     8  age.
     9    2.  No  person  shall  accept  as  written evidence of age by any such
    10  person for the purchase of a bicycle with electric assist  any  document
    11  other  than:  (a)  a valid driver's license or non-driver identification
    12  card issued by the commissioner of motor vehicles, the  federal  govern-
    13  ment,  any  United  States  territory,  commonwealth  or possession, the
    14  District of Columbia, a state government within the United States  or  a
    15  provincial government of the dominion of Canada; or (b) a valid passport
    16  issued  by  the United States government or any other country; or (c) an
    17  identification card issued by the armed forces of the United States.
    18    3. Upon the sale of a bicycle with electric assist, the  seller  shall
    19  submit  to  the  commissioner,  in  a form and manner as provided for by
    20  regulations promulgated by the  commissioner,  a  copy  of  the  written
    21  evidence of age provided by the purchaser.
    22    §  3. Subdivision 2 of section 1242 of the vehicle and traffic law, as
    23  added by section 8 of part XX of chapter 58 of  the  laws  of  2020,  is
    24  amended to read as follows:
    25    2. No person less than [sixteen] eighteen years of age shall operate a
    26  bicycle  with  electric assist. The failure of any person to comply with
    27  the provisions of this subdivision  shall  not  constitute  contributory
    28  negligence or assumption of risk, and shall not in any way bar, preclude
    29  or  foreclose  an  action for personal injury or wrongful death by or on
    30  behalf of such person, nor in any way diminish  or  reduce  the  damages
    31  recoverable in any such action.
    32    §  4.  The  article heading of article 34-d of the vehicle and traffic
    33  law, as added by section 10 of part XX of chapter  58  of  the  laws  of
    34  2020, is amended to read as follows:
    35                REGISTRATION AND OPERATION OF ELECTRIC SCOOTERS
    36    § 5. The vehicle and traffic law is amended by adding two new sections
    37  1290 and 1291 to read as follows:
    38    §  1290.  Registration of certain electric scooters. 1. Every electric
    39  scooter which has an electric motor  that  does  not  cease  to  provide
    40  assistance  when  such bicycle or scooter reaches a speed of forty miles
    41  per hour shall be registered and issued a license plate by  the  depart-
    42  ment.  No  person  shall  operate such an electric scooter on the public
    43  highways unless such electric scooter shall have  a  distinctive  number
    44  assigned  to  it  by  the  commissioner and a number plate issued by the
    45  commissioner with a number corresponding to that of the  certificate  of
    46  registration.
    47    2.  Such  license  plates  shall be of such material, form, design and
    48  dimensions and contain or set forth such distinguishing number or  other
    49  identification  marks  as  the  commissioner  shall prescribe, provided,
    50  however, that there shall be at all times a marked contrast between  the
    51  color  of the number plates and that of the numerals or letters thereon,
    52  and provided further that no such electric  scooter  shall  display  the
    53  number  plates  of more than one state at a time, nor shall any plate be
    54  used other than those issued by the commissioner.
    55    3. Each such license plate shall identify whether such electric scoot-
    56  er is personal or commercial in nature.

        A. 8838                             3
 
     1    4. Each such license plate shall be  conspicuously  displayed  on  the
     2  rear  of  the  electric  scooter, securely fastened so as to prevent the
     3  same from swinging.
     4    5.  The  fee for such license plates shall be a nominal fee determined
     5  by the commissioner.
     6    § 1291. Sale of electric scooters. 1. No person shall sell an electric
     7  scooter to a person less than eighteen years of age.
     8    2. No person shall accept as written  evidence  of  age  by  any  such
     9  person  for the purchase of an electric scooter any document other than:
    10  (a) a valid driver's license or non-driver identification card issued by
    11  the commissioner of motor vehicles, the federal government,  any  United
    12  States  territory, commonwealth or possession, the District of Columbia,
    13  a state government within the United States or a  provincial  government
    14  of  the dominion of Canada; or (b) a valid passport issued by the United
    15  States government or any other country; or (c)  an  identification  card
    16  issued by the armed forces of the United States.
    17    3.  Upon  the  sale of an electric scooter, the seller shall submit to
    18  the commissioner, in a form and manner as provided  for  by  regulations
    19  promulgated  by  the commissioner, a copy of the written evidence of age
    20  provided by the purchaser.
    21    § 6. Subdivision 4 of section 1282 of the vehicle and traffic law,  as
    22  added  by  section  10  of part XX of chapter 58 of the laws of 2020, is
    23  amended to read as follows:
    24    4. No person less than [sixteen] eighteen years of age  shall  operate
    25  or ride as a passenger upon an electric scooter, and no person [sixteen]
    26  eighteen  years  of  age  or  older  shall  allow  any  person less than
    27  [sixteen] eighteen years of age to operate or ride as a  passenger  upon
    28  such scooter.
    29    §  7. This act shall take effect on the first of January next succeed-
    30  ing the date on which it shall have become a law. Effective immediately,
    31  the addition, amendment and/or repeal of any rule or  regulation  neces-
    32  sary  for  the  implementation  of  this  act  on its effective date are
    33  authorized to be made and completed on or before such effective date.
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