Bill Text: NY A03179 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the vehicle and traffic law, in relation to regulating the use of human transporters
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to transportation [A03179 Detail]
Download: New_York-2009-A03179-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3179
2009-2010 Regular Sessions
I N A S S E M B L Y
January 23, 2009
___________
Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to regulating
the use of human transporters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 118-a to read as follows:
3 S 118-A. HUMAN TRANSPORTERS. A MOTORIZED PEDESTRIAN VEHICLE THAT
4 SPORTS TWO WHEELS SIDE-BY-SIDE AND USES GYROSCOPES AND ADVANCED SOFTWARE
5 TO KEEP ITSELF BALANCED.
6 S 2. Section 125 of the vehicle and traffic law, as amended by chapter
7 365 of the laws of 2008, is amended to read as follows:
8 S 125. Motor vehicles. Every vehicle operated or driven upon a public
9 highway which is propelled by any power other than muscular power,
10 except (a) electrically-driven mobility assistance devices operated or
11 driven by a person with a disability, (a-1) electric personal assistive
12 mobility devices operated outside a city with a population of one
13 million or more, (b) vehicles which run only upon rails or tracks, (c)
14 snowmobiles as defined in article forty-seven of this chapter, [and] (d)
15 all terrain vehicles as defined in article forty-eight-B of this
16 chapter, (E) HUMAN TRANSPORTERS AS DEFINED IN SECTION ONE HUNDRED EIGH-
17 TEEN-A OF THIS ARTICLE. For the purposes of title four of this chapter,
18 the term motor vehicle shall exclude fire and police vehicles other than
19 ambulances. For the purposes of titles four and five of this chapter
20 the term motor vehicles shall exclude farm type tractors and all terrain
21 type vehicles used exclusively for agricultural purposes, or for snow
22 plowing, other than for hire, farm equipment, including self-propelled
23 machines used exclusively in growing, harvesting or handling farm
24 produce, and self-propelled caterpillar or crawler-type equipment while
25 being operated on the contract site.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05784-01-9
A. 3179 2
1 S 3. Subdivision 1 of section 603-a of the vehicle and traffic law, as
2 added by chapter 408 of the laws of 2001, is amended to read as follows:
3 1. In addition to the requirements of section six hundred three of
4 this article, whenever a motor vehicle accident results in serious phys-
5 ical injury or death to a person, and such accident either is discovered
6 by a police officer, or reported to a police officer within five days
7 after such accident occurred, the police shall conduct an investigation
8 of such accident. Such investigation shall be conducted for the purposes
9 of making a determination of the following: the facts and circumstances
10 of the accident; the type or types of vehicles involved, including
11 passenger motor vehicles, commercial motor vehicles, motorcycles, limit-
12 ed use motorcycles, off-highway motorcycles, HUMAN TRANSPORTERS, and/or
13 bicycles; whether pedestrians were involved; the contributing factor or
14 factors; whether it can be determined if a violation or violations of
15 this chapter occurred, and if so, the specific provisions of this chap-
16 ter which were violated and by whom; and, the cause of such accident,
17 where such cause can be determined. The police shall forward a copy of
18 the investigation report to the commissioner within five business days
19 of the completion of such report.
20 S 4. Subdivision (b) of section 605 of the vehicle and traffic law, as
21 added by chapter 254 of the laws of 1989, is amended to read as follows:
22 (b) Every person operating a bicycle OR HUMAN TRANSPORTER which is in
23 any manner involved in an accident on a public highway in this state in
24 which any person is killed, other than the operator, or suffers serious
25 physical injury as defined pursuant to subdivision ten of section 10.00
26 of the penal law, shall within ten days after such operator learns of
27 the fact of such death or serious physical injury, report the matter in
28 writing to the commissioner. If such operator is physically incapable of
29 making such report within ten days, he or she shall make the report
30 immediately upon recovery from the physical incapacity. If such opera-
31 tor is an unemancipated minor who is incapable of making such report for
32 any reason, the parent or guardian of such operator shall make such
33 report within ten days after learning of the fact of such accident.
34 Every such operator of a bicycle, OR HUMAN TRANSPORTER, or parent or
35 guardian of such unemancipated minor operator, shall make such other and
36 additional reports as the commissioner shall require.
37 S 5. Section 1131 of the vehicle and traffic law, as added by chapter
38 162 of the laws of 1990, is amended to read as follows:
39 S 1131. Driving on shoulders and slopes. Except for bicycles, HUMAN
40 TRANSPORTERS, and those classes of vehicles required to travel on shoul-
41 ders or slopes, no motor vehicle shall be driven over, across, along, or
42 within any shoulder or slope of any state controlled-access highway
43 except at a location specifically authorized and posted by the depart-
44 ment of transportation. The foregoing limitation shall not prevent motor
45 vehicles from using shoulders or slopes when directed by police officers
46 or flagpersons, nor does it prevent motor vehicles from stopping, stand-
47 ing, or parking on shoulders or slopes where such stopping, standing, or
48 parking is lawful.
49 S 6. Subdivision (b) of section 1230 of the vehicle and traffic law,
50 as amended by chapter 694 of the laws of 1995, is amended to read as
51 follows:
52 (b) These regulations applicable to bicycles OR HUMAN TRANSPORTERS or
53 to in-line skates shall apply whenever a bicycle is, OR HUMAN TRANSPOR-
54 TERS or in-line skates are, operated upon any highway, upon private
55 roads open to public motor vehicle traffic and upon any path set aside
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1 for the exclusive use of bicycles, HUMAN TRANSPORTERS, or in-line
2 skates[, or both].
3 S 7. Section 1231 of the vehicle and traffic law, as amended by chap-
4 ter 694 of the laws of 1995, is amended to read as follows:
5 S 1231. Traffic laws apply to persons riding bicycles or HUMAN TRANS-
6 PORTERS OR skating or gliding on in-line skates. Every person riding a
7 bicycle or HUMAN TRANSPORTER OR skating or gliding on in-line skates
8 upon a roadway shall be granted all of the rights and shall be subject
9 to all of the duties applicable to the driver of a vehicle by this
10 title, except as to special regulations in this article and except as to
11 those provisions of this title which by their nature can have no appli-
12 cation.
13 S 8. Section 1234 of the vehicle and traffic law, as amended by chap-
14 ter 16 of the laws of 1996, is amended to read as follows:
15 S 1234. Riding on roadways, shoulders, bicycle OR HUMAN TRANSPORTER or
16 in-line skate lanes and bicycle OR HUMAN TRANSPORTER or in-line skate
17 paths. (a) Upon all roadways, any bicycle OR HUMAN TRANSPORTER or
18 in-line skate shall be driven either on a usable bicycle OR HUMAN TRANS-
19 PORTER or in-line skate lane or, if a usable bicycle or in-line skate
20 lane has not been provided, near the right-hand curb or edge of the
21 roadway or upon a usable right-hand shoulder in such a manner as to
22 prevent undue interference with the flow of traffic except when prepar-
23 ing for a left turn or when reasonably necessary to avoid conditions
24 that would make it unsafe to continue along near the right-hand curb or
25 edge. Conditions to be taken into consideration include, but are not
26 limited to, fixed or moving objects, vehicles, bicycles, HUMAN TRANSPOR-
27 TERS, in-line skates, pedestrians, animals, surface hazards or traffic
28 lanes too narrow for a bicycle, HUMAN TRANSPORTER, or person on in-line
29 skates and a vehicle to travel safely side-by-side within the lane.
30 (b) Persons riding bicycles or HUMAN TRANSPORTERS OR skating or glid-
31 ing on in-line skates upon a roadway shall not ride more than two
32 abreast. Persons riding bicycles or HUMAN TRANSPORTERS OR skating or
33 gliding on in-line skates upon a shoulder, bicycle or HUMAN TRANSPORTER
34 OR in-line skate lane, or bicycle OR HUMAN TRANSPORTER or in-line skates
35 path, intended for the use of bicycles or HUMAN TRANSPORTERS OR in-line
36 skates may ride two or more abreast if sufficient space is available,
37 except that when passing a vehicle, bicycle or HUMAN TRANSPORTER OR
38 person on in-line skates, or pedestrian, standing or proceeding along
39 such shoulder, lane or path, persons riding bicycles or HUMAN TRANSPOR-
40 TERS OR skating or gliding on in-line skates shall ride, skate, or glide
41 single file. Persons riding bicycles or HUMAN TRANSPORTERS OR skating or
42 gliding on in-line skates upon a roadway shall ride, skate, or glide
43 single file when being overtaken by a vehicle.
44 (c) Any person operating a bicycle or HUMAN TRANSPORTER OR skating or
45 gliding on in-line skates who is entering the roadway from a private
46 road, driveway, alley or over a curb shall come to a full stop before
47 entering the roadway.
48 S 9. Section 1235 of the vehicle and traffic law, as amended by chap-
49 ter 703 of the laws of 2004, is amended to read as follows:
50 S 1235. Carrying articles. No person operating a bicycle OR HUMAN
51 TRANSPORTER shall carry any package, bundle, or article which prevents
52 the driver from keeping at least one hand upon the handle bars. No
53 person skating or gliding on in-line skates shall carry any package,
54 bundle, or article which obstructs his or her vision in any direction.
55 No person operating a skate board shall carry any package, bundle, or
56 article which obstructs his or her vision in any direction.
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1 S 10. Section 1236 of the vehicle and traffic law, subdivision (a) as
2 amended by chapter 860 of the laws of 1975 and subdivisions (d) and (e)
3 as added by chapter 887 of the laws of 1976, is amended to read as
4 follows:
5 S 1236. Lamps and other equipment on bicycles OR HUMAN TRANSPORTERS.
6 (a) Every bicycle OR HUMAN TRANSPORTER when in use during the period
7 from one-half hour after sunset to one-half hour before sunrise shall be
8 equipped with a lamp on the front which shall emit a white light visible
9 during hours of darkness from a distance of at least five hundred feet
10 to the front and with a red light visible to the rear for three hundred
11 feet. Effective July first, nineteen hundred seventy-six, at least one
12 of these lights shall be visible for two hundred feet from each side.
13 (b) No person shall operate a bicycle OR HUMAN TRANSPORTER unless it
14 is equipped with a bell or other device capable of giving a signal audi-
15 ble for a distance of at least one hundred feet, except that a bicycle
16 OR HUMAN TRANSPORTER shall not be equipped with nor shall any person use
17 upon a bicycle OR HUMAN TRANSPORTER any siren or whistle.
18 (c) Every bicycle OR HUMAN TRANSPORTER shall be equipped with a brake
19 which will enable the operator to make the braked wheels skid on dry,
20 level, clean pavement.
21 (d) Every new bicycle OR HUMAN TRANSPORTER shall be equipped with
22 reflective tires or, alternately, a reflex reflector mounted on the
23 spokes of each wheel, said tires and reflectors to be of types approved
24 by the commissioner. The reflex reflector mounted on the front wheel
25 shall be colorless or amber, and the reflex reflector mounted on the
26 rear wheel shall be colorless or red.
27 (e) Every bicycle OR HUMAN TRANSPORTER when in use during the period
28 from one-half hour after sunset to one-half hour before sunrise shall be
29 equipped with reflective devices or material meeting the standards
30 established by rules and regulations promulgated by the commissioner;
31 provided, however, that such standards shall not be inconsistent with or
32 otherwise conflict with the requirements of subdivisions (a) and (d) of
33 this section.
34 S 11. The section heading and the opening paragraph of section 1237 of
35 the vehicle and traffic law, as added by chapter 145 of the laws of
36 1989, are amended to read as follows:
37 Method of giving hand and arm signals by bicyclists OR HUMAN TRANSPOR-
38 TER RIDERS. All signals herein required to be given by bicyclists OR
39 HUMAN TRANSPORTER RIDERS by hand and arm shall be given in the following
40 manner and such signals shall indicate as follows:
41 S 12. Section 1240 of the vehicle and traffic law, as added by chapter
42 468 of the laws of 2001, is amended to read as follows:
43 S 1240. Leaving the scene of an incident involving a wheeled non-mo-
44 torized means of conveyance OR HUMAN TRANSPORTER without reporting in
45 the second degree. 1. Any person age eighteen years or older operating a
46 wheeled non-motorized means of conveyance, including, but not limited to
47 bicycles, in-line skates, roller skates and skate boards, OR HUMAN
48 TRANSPORTERS, who, knowing or having cause to know, that physical inju-
49 ry, as defined in subdivision nine of section 10.00 of the penal law,
50 has been caused to another person, due to the operation of such non-mo-
51 torized means of conveyance by such person, shall, before leaving the
52 place where the said physical injury occurred, stop, and provide his
53 name and residence, including street and street number, to the injured
54 party, if practical, and also to a police officer, or in the event that
55 no police officer is in the vicinity of the place of said injury, then
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1 such person shall report said incident as soon as physically able to the
2 nearest police station or judicial officer.
3 2. Leaving the scene of an incident involving a wheeled non-motorized
4 means of conveyance OR HUMAN TRANSPORTER without reporting in the second
5 degree is a violation.
6 S 13. Section 1241 of the vehicle and traffic law, as added by chapter
7 468 of the laws of 2001, is amended to read as follows:
8 S 1241. Leaving the scene of an incident involving a wheeled non-mo-
9 torized means of conveyance OR HUMAN TRANSPORTER without reporting in
10 the first degree. 1. Any person age eighteen years or older operating a
11 wheeled non-motorized means of conveyance, including, but not limited to
12 bicycles, in-line skates, roller skates and skate boards, OR HUMAN
13 TRANSPORTERS, who, knowing or having cause to know, that serious phys-
14 ical injury, as defined in subdivision ten of section 10.00 of the penal
15 law, has been caused to another person, due to the operation of such
16 non-motorized means of conveyance by such person, shall, before leaving
17 the place where the said serious physical injury occurred, stop, and
18 provide his name and residence, including street and street number, to
19 the injured party, if practical, and also to a police officer, or in the
20 event that no police officer is in the vicinity of the place of said
21 injury, then such person shall report said incident as soon as phys-
22 ically able to the nearest police station or judicial officer.
23 2. Leaving the scene of an incident involving a wheeled non-motorized
24 means of conveyance OR HUMAN TRANSPORTER without reporting in the first
25 degree is a class B misdemeanor.
26 S 14. The opening paragraph and paragraph (c) of subdivision 1 of
27 section 1809 of the vehicle and traffic law, as amended by section 2 of
28 part DD of chapter 56 of the laws of 2008, are amended to read as
29 follows:
30 Whenever proceedings in an administrative tribunal or a court of this
31 state result in a conviction for an offense under this chapter or a
32 traffic infraction under this chapter, or a local law, ordinance, rule
33 or regulation adopted pursuant to this chapter, other than a traffic
34 infraction involving standing, stopping, or parking or violations by
35 pedestrians, OR HUMAN TRANSPORTER RIDERS or bicyclists, or other than an
36 adjudication of liability of an owner for a violation of subdivision (d)
37 of section eleven hundred eleven of this chapter in accordance with
38 section eleven hundred eleven-a of this chapter, there shall be levied a
39 crime victim assistance fee and a mandatory surcharge, in addition to
40 any sentence required or permitted by law, in accordance with the
41 following schedule:
42 (c) Whenever proceedings in an administrative tribunal or a court of
43 this state result in a conviction for an offense under this chapter
44 other than a crime pursuant to section eleven hundred ninety-two of this
45 chapter, or a traffic infraction under this chapter, or a local law,
46 ordinance, rule or regulation adopted pursuant to this chapter, other
47 than a traffic infraction involving standing, stopping, or parking or
48 violations by pedestrians, OR HUMAN TRANSPORTER RIDERS or bicyclists, or
49 other than an adjudication of liability of an owner for a violation of
50 subdivision (d) of section eleven hundred eleven of this chapter in
51 accordance with section eleven hundred eleven-a of this chapter or other
52 than an infraction pursuant to article nine of this chapter or other
53 than an adjudication of liability of an owner for a violation of toll
54 collection regulations pursuant to section two thousand nine hundred
55 eighty-five of the public authorities law or sections sixteen-a,
56 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
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1 laws of nineteen hundred fifty, there shall be levied a crime victim
2 assistance fee in the amount of five dollars and a mandatory surcharge,
3 in addition to any sentence required or permitted by law, in the amount
4 of fifty-five dollars.
5 S 15. Subdivision 1 of section 1809 of the vehicle and traffic law, as
6 amended by chapter 190 of the laws of 1990, is amended to read as
7 follows:
8 1. Whenever proceedings in an administrative tribunal or a court of
9 this state result in a conviction for a crime under this chapter or a
10 traffic infraction under this chapter, or a local law, ordinance, rule
11 or regulation adopted pursuant to this chapter, other than a traffic
12 infraction involving standing, stopping, parking or motor vehicle equip-
13 ment or violations by pedestrians, HUMAN TRANSPORTER RIDERS, or bicy-
14 clists, or other than an adjudication of liability of an owner for a
15 violation of subdivision (d) of section eleven hundred eleven of this
16 chapter in accordance with section eleven hundred eleven-a of this chap-
17 ter, there shall be levied a mandatory surcharge, in addition to any
18 sentence required or permitted by law, in the amount of twenty-five
19 dollars.
20 S 16. Subdivision 1 of section 1809 of the vehicle and traffic law, as
21 separately amended by chapter 16 of the laws of 1983 and chapter 62 of
22 the laws of 1989, is amended to read as follows:
23 1. Whenever proceedings in an administrative tribunal or a court of
24 this state result in a conviction for a crime under this chapter or a
25 traffic infraction under this chapter other than a traffic infraction
26 involving standing, stopping, parking or motor vehicle equipment or
27 violations by pedestrians [or], bicyclists OR HUMAN TRANSPORTER RIDERS,
28 there shall be levied a mandatory surcharge, in addition to any sentence
29 required or permitted by law, in the amount of seventeen dollars.
30 S 17. This act shall take effect immediately, provided that the amend-
31 ments to subdivision 1 of section 1809 of the vehicle and traffic law
32 made by section fourteen of this act shall be subject to the expiration
33 and reversion of such subdivision pursuant to section 406 of chapter 166
34 of the laws of 1991, as amended, when upon such date the provisions of
35 section fifteen of this act shall take effect; provided, further, that
36 the amendments to subdivision 1 of section 1809 of the vehicle and traf-
37 fic law made by section fifteen of this act shall be subject to the
38 expiration and reversion of such subdivision pursuant to section 17 of
39 chapter 746 of the laws of 1988, as amended when upon such date the
40 provisions of section sixteen of this act shall take effect.
