Law Section: Vehicle and Traffic Law
A9800A Summary
Prohibits the operation of motorized scooters in this state.A9800A Actions
A9800A - amend and recommit to transportation - Mar 8, 2010A9800A - print number 9800a - Mar 8, 2010
A9800 - referred to transportation - Jan 28, 2010
A9800A Memo
BILL NUMBER:A9800A
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to prohibiting the use of motorized scooters
PURPOSE: To prohibit the use of motorized scooters within New York State with exclusion toward wheelchairs or other mobility aids designed for use by disabled persons, electric powered devices not capable of exceeding fifteen miles per hour, electric personal assistive mobility devices, and use of motorized scooters for traveling to or from employment.
SUMMARY OF PROVISIONS: "Motorized scooter", in addition to "electric personal assistive mobility devices", is defined by New York State with a proposed amended section to the Vehicle and Traffic Law. In addition, a new subdivision is inserted into the Vehicle and Traffic Law prohibiting the operation of motorized scooters within New York State.
EXISTING LAW: Does not define a "motorized scooter", allowing for loopholes when it comes to the operation of these motorized vehicles. Also, the loopholes allow for operation of these unsafe vehicles in and around New York State's highways and communities.
JUSTIFICATION: Being that a motorized scooter is illegal to operate in the City of New York, as defined in the New York City Administrative Code (19-176.2), this principle should apply to New York State as a whole. These devices are an attractive means of transportation for minors who are unable to obtain a driver license due to their age. Because minors frequent the use of these devices, a grave danger is presented to those within the vicinity of the motorized devices, including the operator of the device. According to a 2001 study by the United States Consumer Product Safety Commission, 85% of motorized scooter injuries were to children less than fifteen years old. Most common injuries are fractures, followed by injuries to the arms, legs, faces and heads. Between January 2001 through September 2001, approximately 2,870 emergency room-treated injuries were associated with motorized scooter use compared to 2,760 injuries the year before in the time period specified. Although this study is dated, it demonstrates a connection of increased injuries to the illegal use of motorized scooters.
LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
A9800A Text
S T A T E O F N E W Y O R K9800--A
I N ASSEMBLY January 28, 2010
Introduced by M. of A. MARKEY, BENEDETTO, CASTRO, FIELDS -- Multi-Spon sored by -- M. of A. GOTTFRIED, M. MILLER, MILLMAN -- read once and referred to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to prohibiting the use of motorized scooters 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 124 to read as follows:
S 124. MOTORIZED SCOOTER. A TWO OR THREE WHEELED LIMITED USE GASOLINE POWERED, ELECTRIC AND/OR ALL TERRAIN MOTORCYCLE WITH HANDLEBARS AND PROPELLED BY AN ATTACHED MOTOR WITH AN ENGINE CAPACITY OF ONE HUNDRED FIFTY CUBIC CENTIMETERS OR LESS WHOSE MAXIMUM ATTAINABLE SPEED IS FORTY MILES PER HOUR AND WHERE A PERSON OR PERSONS MAY RIDE THE DEVICE. FOR PURPOSES OF THIS SECTION, THE TERM "MOTORIZED SCOOTER" SHALL NOT INCLUDE WHEELCHAIRS OR OTHER MOBILITY AIDS DESIGNED FOR USE BY DISABLED PERSONS, ELECTRIC POWERED DEVICES NOT CAPABLE OF EXCEEDING FIFTEEN MILES PER HOUR OR ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES. FOR PURPOSES OF THIS SECTION THE TERM "ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES" SHALL MEAN A SELF-BALANCING, TWO NON-TANDEM WHEELED DEVICE DESIGNED TO TRANS PORT ONE PERSON BY MEANS OF AN ELECTRIC PROPULSION SYSTEM.
S 2.
Section 511-c of the vehicle and traffic law is amended by adding a new subdivision 15 to read as follows:
15. THE OPERATION OF A MOTORIZED SCOOTER, AS DEFINED IN SECTION ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, SHALL BE PROHIBITED IN THIS STATE, PROVIDED, HOWEVER, THAT THE OPERATION OF A MOTORIZED SCOOTER FOR THE PURPOSE OF TRAVELING TO OR FROM THE OPERATOR'S PLACE OF EMPLOYMENT SHALL NOT BE PROHIBITED. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY IN THE AMOUNT OF SIX HUNDRED DOLLARS. AUTHORIZED EMPLOYEES OF A POLICE DEPARTMENT AND, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE DEPARTMENT OF PARKS AND RECREATION, SHALL HAVE THE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14926-03-0
A. 9800--A 2 SECTION. SUCH PENALTY SHALL BE RECOVERED IN A CIVIL ACTION OR, IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IN A PROCEEDING COMMENCED BY THE SERVICE OF A NOTICE OF VIOLATION THAT SHALL BE RETURNABLE BEFORE THE ENVIRONMENTAL CONTROL BOARD. IN ADDITION, SUCH VIOLATION SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHABLE IN ACCORDANCE WITH SECTION EIGHTEEN HUNDRED OF THIS CHAPTER. ANY MOTORIZED SCOOTER THAT HAS BEEN OPERATED OR IS BEING OPERATED IN VIOLATION OF THE PROVISIONS OF THIS SECTION MAY BE IMPOUNDED AND SHALL NOT BE RELEASED UNTIL THE APPLICABLE FINES HAVE BEEN PAID OR A BOND HAS BEEN POSTED IN AN AMOUNT SATISFACTORY TO THE ENFORCING AUTHORITY. UPON CONVICTION OF A SECOND VIOLATION OF THIS SECTION AND WHERE THE MOTORIZED SCOOTER IS IMPOUNDED, ALL OWNERSHIP RIGHTS TO SUCH SCOOTER SHALL BE REVOKED AND SUCH MOTORIZED SCOOTER SHALL BE SOLD AT AUCTION.
S 3. This act shall take effect on the ninetieth day after it shall have become a law.
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