S T A T E   O F   N E W   Y O R K
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                                  4814

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 20, 2015
                               ___________

Introduced  by  Sen. PERALTA -- 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  the  opera-
  tion of motor-driven cycles for commercial purposes on public highways

  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. MOTOR-DRIVEN CYCLE. EVERY MOTOR VEHICLE HAVING:
  (A) A SEAT OR SADDLE FOR THE USE OF THE OPERATOR;
  (B) TWO OR THREE WHEELS IN CONTACT WITH THE GROUND;
  (C)  AN INTERNAL COMBUSTION ENGINE, OR ELECTRIC, SOLAR OR HYBRID MOTOR
WHICH WILL PROPEL THE VEHICLE UNASSISTED AT A MAXIMUM SPEED  NO  GREATER
THAN THIRTY MILES PER HOUR. IF SUCH VEHICLE IS EQUIPPED WITH AN INTERNAL
COMBUSTION  ENGINE, SUCH ENGINE'S PISTON OR ROTOR DISPLACEMENT SHALL NOT
EXCEED FIFTY CUBIC CENTIMETERS.  A MOTOR-DRIVEN CYCLE SHALL BE A LIMITED
USE MOTORCYCLE OR MOTORCYCLE WHEN OPERATED AT SPEEDS IN EXCESS OF THIRTY
MILES PER HOUR AND THE OPERATOR SHALL BE REQUIRED TO HAVE IN HIS OR  HER
POSSESSION A VALID CLASS D, DJ, M OR MJ LICENSE, AS THE CASE MAY BE; AND
  (D)  A DIRECT OR AUTOMATIC POWER DRIVE SYSTEM WHICH REQUIRES NO CLUTCH
OR GEAR SHIFT OPERATION BY  THE  OPERATOR  AFTER  THE  DRIVE  SYSTEM  IS
ENGAGED WITH THE ENGINE OR MOTOR.
  S  2.  Paragraph (a) of section 125 of the vehicle and traffic law, as
amended by chapter 365 of the laws  of  2008,  is  amended  to  read  as
follows:
  (a) electrically-driven mobility assistance devices operated or driven
by a person with a disability, UNLESS SUCH MOBILITY DEVICE IS DETERMINED
BY THE COMMISSIONER TO BE A MOTOR-DRIVEN CYCLE,
  S  3. Section 2268 of the vehicle and traffic law, as added by chapter
869 of the laws of 1976, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10552-01-5

              

S. 4814                             2

  S 2268. Motor-assisted [vehicle] AND MOTOR-DRIVEN VEHICLES.  [Notwith-
standing any other provision of this chapter, a]
  1.  A  vehicle  which  is  primarily designed to be propelled by human
power shall not be entitled to registration as  a  limited  use  vehicle
because  of  the  addition  of a motor. The commissioner shall determine
whether any vehicle is primarily  designed  to  be  propelled  by  human
power.
  2.  THE OPERATOR OF A MOTOR-DRIVEN CYCLE FOR COMMERCIAL PURPOSES SHALL
BE SUBJECT TO ALL OF THE PROVISIONS RELATING TO THE LEGAL OPERATION OF A
LIMITED USE VEHICLE AS PROVIDED IN THIS ARTICLE UNLESS OTHERWISE  DETER-
MINED  BY  THE COMMISSIONER. THE COMMISSIONER IS AUTHORIZED AND DIRECTED
TO PROMULGATE RULES  AND  REGULATIONS  FOR  THE  REGISTRATION,  INSURING
LIMITED  TO  MINIMUM LIABILITY, AND LICENSING OF MOTOR-DRIVEN CYCLES FOR
COMMERCIAL PURPOSES, WHICH SHALL INCLUDE CRITERIA FOR THE SAFE OPERATION
OF MOTOR-DRIVEN CYCLES UPON THE PUBLIC HIGHWAYS AND PROCEDURES FOR IMPO-
SITION OF PENALTIES.
  S 4. The vehicle and traffic law is amended by adding  a  new  article
34-D to read as follows:
                              ARTICLE 34-D
                  OPERATION OF MOTOR-DRIVEN CYCLES FOR
                           COMMERCIAL PURPOSES
SECTION 1280. REGISTRATION REQUIRED.
        1281. NOTICE BY DEALERS.
        1282. TRAFFIC LAWS.
        1283. LICENSED OPERATOR.
        1284. HAND AND ARM SIGNALS.
        1285. CARRYING ARTICLES.
        1286. PROTECTIVE HEAD GEAR.
        1287. REFLECTIVE CLOTHING.
        1288. RESTRICTIONS.
        1289. PENALTIES.
  S  1280.  REGISTRATION REQUIRED. PURSUANT TO THE PROVISIONS FOR REGIS-
TRATION IN SECTION  TWENTY-TWO  HUNDRED  SIXTY-EIGHT  OF  THIS  CHAPTER,
MOTOR-DRIVEN  CYCLES  USED  FOR  COMMERCIAL  PURPOSES ARE REQUIRED TO BE
REGISTERED BY OWNERS BEFORE BEING OPERATED OR DRIVEN UPON A PUBLIC HIGH-
WAY.
  S 1281. NOTICE BY DEALERS. DEALERS SELLING MOTOR-DRIVEN  CYCLES  SHALL
PROVIDE  A  WRITTEN  DISCLOSURE,  PURSUANT  TO  THE COMMISSIONER'S REGU-
LATIONS, TO BE SIGNED BY THE BUYER AT TIME OF PURCHASE. SUCH  DISCLOSURE
SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, A STATEMENT THAT, IN ACCORDANCE
WITH THE PROVISIONS OF THIS ARTICLE AND ANY OTHER  APPLICABLE  LAW,  THE
OPERATOR  OF  A  MOTOR-DRIVEN  CYCLE  FOR  COMMERCIAL PURPOSES MUST BE A
LICENSED DRIVER IN ACCORDANCE WITH PROVISIONS OF THIS ARTICLE; A  MOTOR-
DRIVEN  CYCLE  SHALL NOT BE OPERATED FOR COMMERCIAL PURPOSES ON A PUBLIC
HIGHWAY WITH A SPEED LIMIT IN EXCESS  OF  THIRTY-FIVE  MILES  PER  HOUR;
OPERATORS  MUST WEAR PROTECTIVE HEAD GEAR WHILE OPERATING A MOTOR-DRIVEN
CYCLE FOR COMMERCIAL PURPOSES;  AND  VIOLATION  MAY  SUBJECT  THE  OWNER
AND/OR  OPERATOR  TO PENALTIES INCLUDING FINES, THE ASSESSMENT OF POINTS
UPON AN OPERATOR'S DRIVING RECORD, AS WELL AS ALL OTHER CIVIL AND CRIMI-
NAL PENALTIES PERTAINING TO THE LICENSED OPERATION OF MOTOR VEHICLES.
  S 1282. TRAFFIC LAWS. EVERY PERSON OPERATING A MOTOR-DRIVEN CYCLE  FOR
COMMERCIAL  PURPOSES  UPON  A PUBLIC HIGHWAY SHALL BE GRANTED ALL OF THE
RIGHTS AND SHALL BE SUBJECT TO ALL OF THE DUTIES APPLICABLE TO THE OPER-
ATOR OF A MOTOR VEHICLE BY THIS TITLE, EXCEPT AS OTHERWISE  PROVIDED  IN
THIS  ARTICLE  AND  EXCEPT AS TO THOSE PROVISIONS OF THIS TITLE WHICH BY
THEIR NATURE CAN HAVE NO APPLICATION.

S. 4814                             3

  S 1283. LICENSED OPERATOR. NO  PERSON  SHALL  OPERATE  A  MOTOR-DRIVEN
CYCLE  FOR  COMMERCIAL PURPOSES ON A PUBLIC HIGHWAY UNLESS SUCH OPERATOR
HOLDS A VALID CLASS D OR DJ DRIVER LICENSE, OR A  VALID  DRIVER  LICENSE
FROM ANOTHER STATE OR THE DOMINION OF CANADA.
  S  1284.  HAND AND ARM SIGNALS. ALL DIRECTIONAL SIGNALS REQUIRED TO BE
GIVEN BY BICYCLISTS PURSUANT TO SECTION TWELVE HUNDRED  THIRTY-SEVEN  OF
THIS  TITLE  SHALL  BE  GIVEN  BY  OPERATORS  OF MOTOR-DRIVEN CYCLES FOR
COMMERCIAL PURPOSES.
  S 1285. CARRYING ARTICLES. NO PERSON OPERATING  A  MOTOR-DRIVEN  CYCLE
FOR  COMMERCIAL  PURPOSES UPON A PUBLIC HIGHWAY SHALL CARRY ANY PACKAGE,
BUNDLE OR ARTICLE WHICH PREVENTS THE OPERATOR FROM KEEPING AT LEAST  ONE
HAND  UPON THE HANDLE BARS OF THE MOTOR-DRIVEN CYCLE.  NO PERSON OPERAT-
ING A MOTOR-DRIVEN CYCLE FOR COMMERCIAL PURPOSES SHALL CARRY  ANY  PACK-
AGE,  BUNDLE  OR ARTICLE WHICH OBSTRUCTS HIS OR HER VISION IN ANY DIREC-
TION.
  S 1286. PROTECTIVE HEAD GEAR. NO  PERSON  SHALL  OPERATE  A  MOTORIZED
CYCLE FOR COMMERCIAL PURPOSES WITHOUT WEARING PROTECTIVE HEAD GEAR MEET-
ING  STANDARDS  ESTABLISHED BY THE COMMISSIONER. A COURT SHALL WAIVE ANY
FINE FOR WHICH A PERSON WHO VIOLATES  THE  PROVISIONS  OF  THIS  SECTION
WOULD  BE  LIABLE  IF  SUCH  PERSON  SUPPLIES  THE COURT WITH PROOF THAT
BETWEEN THE DATE OF VIOLATION AND THE APPEARANCE DATE FOR SUCH VIOLATION
SUCH PERSON PURCHASED OR RENTED PROTECTIVE HEAD GEAR,  WHICH  MEETS  THE
REGULATORY  REQUIREMENTS  AS DETERMINED BY THE COMMISSIONER. SUCH WAIVER
OF FINE SHALL NOT APPLY TO A SECOND OR SUBSEQUENT VIOLATION.
  S 1287. REFLECTIVE CLOTHING. NO PERSON SHALL OPERATE A MOTORIZED CYCLE
FOR COMMERCIAL PURPOSES ON A PUBLIC HIGHWAY DURING THE  PERIOD  OF  TIME
BETWEEN  ONE-HALF  HOUR  AFTER  SUNSET  AND ONE-HALF HOUR BEFORE SUNRISE
UNLESS SUCH PERSON IS WEARING READILY VISIBLE REFLECTIVE CLOTHING.
  S 1288. RESTRICTIONS. 1. NO PERSON SHALL OPERATE A MOTORIZED CYCLE FOR
COMMERCIAL PURPOSES ON ANY PUBLIC HIGHWAY:
  (A) WITH A SPEED LIMIT  IN  EXCESS  OF  THIRTY-FIVE  MILES  PER  HOUR,
PROVIDED  THAT  THE  PROVISIONS OF THIS PARAGRAPH SHALL NOT PROHIBIT THE
CROSSING OF A PUBLIC HIGHWAY WITH A SPEED LIMIT IN EXCESS OF THIRTY-FIVE
MILES PER HOUR WHERE SUCH HIGHWAY INTERSECTS WITH A HIGHWAY WITH A SPEED
LIMIT OF THIRTY-FIVE MILES PER HOUR OR LESS; OR
  (B) ON WHICH, IN THE INTEREST OF PUBLIC SAFETY, A LOCAL  AUTHORITY  OR
THE  DEPARTMENT OF TRANSPORTATION HAS PROHIBITED THE OPERATION OF MOTOR-
DRIVEN CYCLES.
  2. NO  PERSON  SHALL  OPERATE  A  MOTOR-DRIVEN  CYCLE  FOR  COMMERCIAL
PURPOSES  ON OR ACROSS A SIDEWALK, EXCEPT THAT SUCH VEHICLE MAY BE OPER-
ATED IN SUCH MANNER AS NOT TO INTERFERE WITH THE SAFETY AND  PASSAGE  OF
PEDESTRIANS  WHO  SHALL  HAVE  THE  RIGHT  OF  WAY, AND WHEN TO DO SO IS
REASONABLE AND NECESSARY TO GAIN ACCESS TO A PUBLIC HIGHWAY, PRIVATE WAY
OR LANDS OR BUILDINGS ADJACENT TO SUCH HIGHWAY OR WAY.
  S 1289. PENALTIES. 1. VIOLATION OF  THE  PROVISIONS  OF  THIS  ARTICLE
SHALL  CONSTITUTE  A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT LESS
THAN TWENTY-FIVE NOR MORE THAN ONE HUNDRED DOLLARS FOR EACH VIOLATION.
  2. THE UNLAWFUL OPERATION  OF  A  MOTOR-DRIVEN  CYCLE  FOR  COMMERCIAL
PURPOSES  THAT  VIOLATES  THE RULES OF THE ROAD FOR MOTOR VEHICLES UNDER
THIS TITLE SHALL RESULT IN THE SAME CIVIL AND CRIMINAL PENALTIES AS  THE
UNLAWFUL OPERATION OF ALL OTHER MOTOR VEHICLES, INCLUDING BUT NOT LIMIT-
ED TO THE ASSESSMENT OF POINTS UPON THE OPERATOR'S DRIVING RECORD.
  S  5.  Nothing in this act shall be deemed to limit the authority of a
county, city, town or village from adopting or amending a local  law  or
ordinance  which  imposes  stricter  restrictions  and conditions on the
operation of motor-driven cycles than are provided or authorized by this

S. 4814                             4

act, so long as such local law  or  ordinance  is  consistent  with  its
authority  to  protect  the  order,  conduct, health, safety and general
welfare of persons or property. Nothing in this act shall be  deemed  to
alter  or  invalidate any local law or ordinance already in effect as of
the effective date of this act.
  S 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the amendment, addition or repeal of any rule or  regulation  neces-
sary  for the timely implementation of this act on its effective date is
hereby authorized and directed to be made on or  before  such  effective
date.