STATE OF NEW YORK ________________________________________________________________________ 7982--A 2023-2024 Regular Sessions IN ASSEMBLY August 18, 2023 ___________ Introduced by M. of A. DE LOS SANTOS, SEAWRIGHT -- 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 requiring license plates and liability insurance for electric scooters and limited use motorcycles in cities having a population of one million or more; and to amend the insurance law, in relation to requiring liability insurance for electric scooters and limited use motorcycles in cities having a population of one million or more The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "scooter 2 and moped authorization and responsible transportation (SMART) on the 3 streets act". 4 § 2. The article heading of article 34-D of the vehicle and traffic 5 law, as added by section 10 of part XX of chapter 58 of the laws of 6 2020, is amended to read as follows: 7 REGISTRATION AND OPERATION OF ELECTRIC SCOOTERS 8 AND LIMITED USE MOTORCYCLES 9 § 3. The vehicle and traffic law is amended by adding two new sections 10 1290 and 1291 to read as follows: 11 § 1290. Registration of electric scooters and limited use motorcycles. 12 1. In a city having a population of one million or more, every electric 13 scooter as defined in section one hundred fourteen-e of this chapter and 14 every limited use motorcycle as defined in section one hundred twenty- 15 one-b of this chapter shall be registered and issued a license plate by 16 the department. In a city having a population of one million or more, no 17 person shall operate an electric scooter or limited use motorcycle on 18 the public highways unless such electric scooter or limited use motorcy- 19 cle shall have a distinctive number assigned to it by the commissioner EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11968-02-3
A. 7982--A 2 1 and a number plate issued by the commissioner with a number correspond- 2 ing to that of the certificate of registration. 3 2. Such license plates shall be of such material, form, design and 4 dimensions and contain or set forth such distinguishing number or other 5 identification marks as the commissioner shall prescribe, provided, 6 however, that there shall be at all times a marked contrast between the 7 color of the number plates and that of the numerals or letters thereon, 8 and provided further that no electric scooter or limited use motorcycle 9 shall display the number plates of more than one state at a time, nor 10 shall any plate be used other than those issued by the commissioner. 11 3. Each such license plate shall be conspicuously displayed on the 12 rear of the electric scooter or limited use motorcycle, securely 13 fastened so as to prevent the same from swinging. 14 4. The fee for such license plates shall be a nominal fee determined 15 by the commissioner. 16 § 1291. Liability insurance. 1. In a city having a population of one 17 million or more, every electric scooter as defined in section one 18 hundred fourteen-e of this chapter and every limited use motorcycle as 19 defined in section one hundred twenty-one-b of this chapter that is 20 operated on public roads or on property other than on lands of the owner 21 of the scooter or limited use motorcycle shall be covered by a policy of 22 insurance, in such language and form as shall be determined and estab- 23 lished by the superintendent of financial services, issued by an insur- 24 ance carrier authorized to do business in this state. Such policy shall 25 provide for coverages required of an "owner's policy of liability insur- 26 ance" as set forth in paragraph (a) of subdivision four of section three 27 hundred eleven of this chapter. In lieu of such insurance coverage as 28 hereinabove provided, the commissioner, in his or her discretion and 29 upon application of a governmental agency having registered in its name 30 one or more electric scooters or limited use motorcycles, may waive the 31 requirement of insurance by a private insurance carrier and issue a 32 certificate of self-insurance, when he or she is satisfied that such 33 governmental agency is possessed of financial ability to respond to 34 judgments obtained against it, arising out of the ownership, use or 35 operation of such electric scooters or limited use motorcycles. The 36 commissioner may also waive the requirement of insurance by a private 37 insurance carrier and issue a certificate of self-insurance upon appli- 38 cation of any person or any other corporation, having registered in its 39 name, one or more electric scooters or limited use motorcycles and 40 furnishing of proof that a certificate of self-insurance has been issued 41 and is in effect pursuant to the provisions of section three hundred 42 sixteen of this chapter. 43 2. Proof of insurance as required by this section shall be produced 44 and displayed by the owner or operator of such electric scooter or 45 limited use motorcycle upon the request of any magistrate or any person 46 having authority to enforce the provisions of this chapter. The failure 47 to produce such proof upon the request of any such person shall not be 48 an offense but shall be presumptive evidence that such electric scooter 49 or limited use motorcycle is being operated without having such insur- 50 ance in force and effect. 51 3. Proof of insurance as required by this section shall be produced 52 and displayed by the owner or operator of such electric scooter or 53 limited use motorcycle to any person who has suffered or claims to have 54 suffered either personal injury or property damage as a result of the 55 operation of such electric scooter or limited use motorcycle by the 56 owner or operator, if such insurance coverage was required under the
A. 7982--A 3 1 circumstances of such operation. It shall be an affirmative defense to 2 any prosecution for a violation of this subdivision that such proof was 3 so produced or displayed within twenty-four hours of receiving notice of 4 such injury or damage, or the claim of such injury or damage. 5 4. No owner of an electric scooter or limited use motorcycle shall 6 operate or permit the same to be operated anywhere in this state other 7 than on lands of the owner of the electric scooter or limited use motor- 8 cycle without having in full force and effect the liability insurance 9 coverage required by this section, and no person shall operate an elec- 10 tric scooter or limited use motorcycle anywhere in this state other than 11 on lands of the owner of the electric scooter or limited use motorcycle 12 with the knowledge that such insurance is not in full force and effect. 13 § 4. Subsection (f) of section 5103 of the insurance law, as amended 14 by chapter 402 of the laws of 1986, is amended to read as follows: 15 (f) Every owner's policy of liability insurance issued on a 16 motorcycle, electric scooter or limited use motorcycle or an all terrain 17 vehicle in satisfaction of the requirements of article six or eight of 18 the vehicle and traffic law, section twelve hundred ninety-one of such 19 law, or section twenty-four hundred seven of such law shall also provide 20 for; every owner who maintains another form of financial security on a 21 motorcycle, electric scooter or limited use motorcycle or an all terrain 22 vehicle in satisfaction of the requirements of such articles or 23 [section] sections shall be liable for; and every owner of a motorcycle, 24 electric scooter or limited use motorcycle or an all terrain vehicle 25 required to be subject to the provisions of this article by subdivision 26 two of section three hundred twenty-one of such law shall be liable for; 27 the payment of first party benefits to persons, other than the occupants 28 of such motorcycle, electric scooter or limited use motorcycle or all 29 terrain vehicle, another motorcycle, electric scooter or limited use 30 motorcycle or all terrain vehicle, or any motor vehicle, for loss aris- 31 ing out of the use or operation of the motorcycle, electric scooter or 32 limited use motorcycle or all terrain vehicle within this state. Every 33 insurer and self-insurer may exclude from the coverage required by this 34 subsection a person who intentionally causes his own injury or is 35 injured while committing an act which would constitute a felony or while 36 seeking to avoid lawful apprehension or arrest by a law enforcement 37 officer. 38 § 5. This act shall take effect on the one hundred eightieth day after 39 it shall have become a law. Effective immediately, the addition, amend- 40 ment and/or repeal of any rule or regulation necessary for the implemen- 41 tation of this act on its effective date are authorized to be made and 42 completed on or before such effective date.