NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11230
SPONSOR: Rules (Perry) TITLE OF BILL:
An act to amend the vehicle and traffic law, the highway law and the
general municipal law, in relation to the regulation of electric scoot-
ers
PURPOSE:
This bill clarifies the vehicle and traffic law to define electric
scooters; establish that electric scooters, as defined, are scooters,
not motor vehicles; and establish safety and operation criteria for
their use.
SUMMARY OF PROVISIONS:
Section 1 of the bill provides that this act shall be known and may be
cited as "The Innovative Transportation Act of 2018"
Section 2 of the bill adds a new Section 102-c to the vehicle and traf-
fic law and defines electric scooter
Section 3 amends section 125 of the vehicle and traffic law to include
electric scooters
Section 4 amends section 159 of the vehicle and traffic law to include
electric scooters
Section 5 amends section 1230 of the vehicle and traffic law to include
electric scooters.
Section 6 amends section 1231 of the vehicle and traffic law to include
electric scooters.
Section 7 amends section 1232 of the vehicle and traffic law to include
electric scooters.
Section 8 amends section 1233 of the vehicle and traffic law to include
electric scooters.
Section 9 amends section 1234 of the vehicle and traffic law to include
electric scooters.
Section 10 amends section 1235 of the vehicle and traffic law to include
electric scooters.
Section 11 amends section 1236 of the vehicle and traffic law to include
electric scooters.
Section 12 adds section 1242 to the vehicle and traffic law to create a
violation for tampering with an electric scooter.
Section 13 amends section 316 of the highway law to prevent authorities
of highways, public streets, parks, parkways, driveways from restricting
the use of electric scooters, but permits the city of New York to apply
regulations, ordinances or rules, regulating the use of electric scoot-
ers in the city of New York.
Section 14 amends the general municipal law to allow governing boards of
municipal corporations to adopt local laws to regulate the use of scoot-
ers on the public highways, streets, avenues, walks, parks and public
places within their limits. States that local laws shall not impose any
charge, tax or otherwise not provide for the free use of electric scoot-
ers.
Section 15 provides that this act shall take effect immediately.
JUSTIFICATION:
This legislation clarifies the legal status of electric scooters,
commonly referred to as "e-scooters." Over the last decade, electric
scooters have steadily become more popular as consumers seek affordable,
convenient and environmentally-friendly transportation options, partic-
ularly in large cities that struggle with street congestion issues.
Electric scooters are small, compact, and lightweight. Not to be
confused with mopeds, electric scooters are two-wheeled devices with
handlebars and a floorboard that the rider stands on with both feet.
The brake is located on the left handlebar and the throttle (which is
pushed forward and backward) is on the right handlebar. This configura-
tion allows for safe and instantaneous control over speed and direction.
The electric motor is built into the thin floorboard and because the
scooters are capped at 15 miles per hour, their physical footprint is
small and contained.
Currently, New York State's Vehicle and Traffic Laws do not address the
legal status of electric scooters, which causes them to fall under the
umbrella category of "motor vehicle." This has led to much confusion
throughout New York. While motor vehicles are required to be registered
with the New York State Department of Motor Vehicles (DMV), the DMV
explicitly states that "motorized scooters" cannot be registered. There-
fore, in State law, electric scooters exist in a legal gray zone where
they are not technically illegal and yet also cannot be registered. In
New York City, meanwhile, motorized scooters are explicitly, prohibited
(§ 19-176.2). Taken as a whole, this means that the State does not
address electric scooters, the DMV addresses electric scooters but does
not register them, and the City addresses and prohibits electric scoot-
ers.
Clarifying the legality of electric scooters would bring increased busi-
ness and provide a new, environmentally-friendly transportation option
to a City and State that desperately need them, particularly in light of
the ongoing issues with public transportation. In addition to increased
sales at local bicycle/scooter shops and the possibility of the bringing
electric scooter manufacturers to the state, electric-scooter sharing
companies would be permitted to enter the market. This would provide New
Yorkers with another affordable travel option that reduces dependence on
cars, while also stimulating local businesses by activating streets,
bike lanes, and sidewalks. Overall, legalizing electric scooters would
provide numerous economic and environmental benefits that will make New
York a more equitable and healthy place to live.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect immediately.
