Bill Text: NY A09903 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires liability insurance for bicycles with electric assist and electric scooters in cities having a population of one million or more.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2022-04-19 - referred to transportation [A09903 Detail]
Download: New_York-2021-A09903-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9903 IN ASSEMBLY April 19, 2022 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the insurance law, in relation to requiring liability insurance for bicycles with electric assist and electric scooters 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. The vehicle and traffic law is amended by adding a new 2 section 1244 to read as follows: 3 § 1244. Liability insurance. 1. A bicycle with electric assist which 4 is operated anywhere in a city having a population of one million or 5 more other than on lands of the owner of such bicycle with electric 6 assist shall be covered by a policy of insurance, in such language and 7 form as shall be determined and established by the superintendent of 8 financial services, issued by an insurance carrier authorized to do 9 business in this state. Such policy shall provide for coverages required 10 of an "owner's policy of liability insurance" as set forth in paragraph 11 (a) of subdivision four of section three hundred eleven of this chapter. 12 In lieu of such insurance coverage as hereinabove provided, the commis- 13 sioner, in his or her discretion and upon application of a governmental 14 agency having registered in its name one or more bicycles with electric 15 assist, may waive the requirement of insurance by a private insurance 16 carrier and issue a certificate of self-insurance, when he or she is 17 satisfied that such governmental agency is possessed of financial abili- 18 ty to respond to judgments obtained against it, arising out of the 19 ownership, use or operation of such bicycles with electric assist. The 20 commissioner may also waive the requirement of insurance by a private 21 insurance carrier and issue a certificate of self-insurance upon appli- 22 cation of any person or any other corporation, having registered in its 23 name, one or more bicycles with electric assist and furnishing of proof 24 that a certificate of self-insurance has been issued and is in effect 25 pursuant to the provisions of section three hundred sixteen of this 26 chapter. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15321-01-2A. 9903 2 1 2. Proof of insurance as required by this section shall be produced 2 and displayed by the owner or operator of such bicycle with electric 3 assist upon the request of any magistrate or any person having authority 4 to enforce the provisions of this chapter. The failure to produce such 5 proof upon the request of any such person shall not be an offense but 6 shall be presumptive evidence that such bicycle with electric assist is 7 being operated without having such insurance in force and effect. 8 3. Proof of insurance as required by this section shall be produced 9 and displayed by the owner or operator of such bicycle with electric 10 assist to any person who has suffered or claims to have suffered either 11 personal injury or property damage as a result of the operation of such 12 bicycle with electric assist by the owner or operator, if such insurance 13 coverage was required under the circumstances of such operation. It 14 shall be an affirmative defense to any prosecution for a violation of 15 this subdivision that such proof was so produced or displayed within 16 twenty-four hours of receiving notice of such injury or damage, or the 17 claim of such injury or damage. 18 4. No owner of a bicycle with electric assist shall operate or permit 19 the same to be operated anywhere in a city with a population of one 20 million or more other than on lands of the owner of the bicycle with 21 electric assist without having in full force and effect the liability 22 insurance coverage required by this section, and no person shall operate 23 a bicycle with electric assist anywhere in a city with a population of 24 one million or more other than on lands of the owner of the bicycle with 25 electric assist with the knowledge that such insurance is not in full 26 force and effect. 27 § 2. The vehicle and traffic law is amended by adding a new section 28 1290 to read as follows: 29 § 1290. Liability insurance. 1. An electric scooter which is operated 30 anywhere in a city having a population of one million or more other than 31 on lands of the owner of such electric scooter shall be covered by a 32 policy of insurance, in such language and form as shall be determined 33 and established by the superintendent of financial services, issued by 34 an insurance carrier authorized to do business in this state. Such poli- 35 cy shall provide for coverages required of an "owner's policy of liabil- 36 ity insurance" as set forth in paragraph (a) of subdivision four of 37 section three hundred eleven of this chapter. In lieu of such insurance 38 coverage as hereinabove provided, the commissioner, in his or her 39 discretion and upon application of a governmental agency having regis- 40 tered in its name one or more electric scooters, may waive the require- 41 ment of insurance by a private insurance carrier and issue a certificate 42 of self-insurance, when he or she is satisfied that such governmental 43 agency is possessed of financial ability to respond to judgments 44 obtained against it, arising out of the ownership, use or operation of 45 such electric scooters. The commissioner may also waive the requirement 46 of insurance by a private insurance carrier and issue a certificate of 47 self-insurance upon application of any person or any other corporation, 48 having registered in its name, one or more electric scooters and 49 furnishing of proof that a certificate of self-insurance has been issued 50 and is in effect pursuant to the provisions of section three hundred 51 sixteen of this chapter. 52 2. Proof of insurance as required by this section shall be produced 53 and displayed by the owner or operator of such electric scooter upon the 54 request of any magistrate or any person having authority to enforce the 55 provisions of this chapter. The failure to produce such proof upon the 56 request of any such person shall not be an offense but shall be presump-A. 9903 3 1 tive evidence that such electric scooter is being operated without 2 having such insurance in force and effect. 3 3. Proof of insurance as required by this section shall be produced 4 and displayed by the owner or operator of such electric scooter to any 5 person who has suffered or claims to have suffered either personal inju- 6 ry or property damage as a result of the operation of such electric 7 scooter by the owner or operator, if such insurance coverage was 8 required under the circumstances of such operation. It shall be an 9 affirmative defense to any prosecution for a violation of this subdivi- 10 sion that such proof was so produced or displayed within twenty-four 11 hours of receiving notice of such injury or damage, or the claim of such 12 injury or damage. 13 4. No owner of an electric scooter shall operate or permit the same to 14 be operated anywhere in a city with a population of one million or more 15 other than on lands of the owner of the electric scooter without having 16 in full force and effect the liability insurance coverage required by 17 this section, and no person shall operate an electric scooter anywhere 18 in a city with a population of one million or more other than on lands 19 of the owner of the electric scooter with the knowledge that such insur- 20 ance is not in full force and effect. 21 § 3. Subsection (f) of section 5103 of the insurance law, as amended 22 by chapter 402 of the laws of 1986, is amended to read as follows: 23 (f) Every owner's policy of liability insurance issued on a 24 motorcycle, bicycle with electric assist, electric scooter or an all 25 terrain vehicle in satisfaction of the requirements of article six or 26 eight of the vehicle and traffic law, section twelve hundred forty-four 27 of such law, section twelve hundred ninety of such law, or section twen- 28 ty-four hundred seven of such law shall also provide for; every owner 29 who maintains another form of financial security on a motorcycle, bicy- 30 cle with electric assist, electric scooter or an all terrain vehicle in 31 satisfaction of the requirements of such articles or [section] sections 32 shall be liable for; and every owner of a motorcycle, bicycle with elec- 33 tric assist, electric scooter or an all terrain vehicle required to be 34 subject to the provisions of this article by subdivision two of section 35 three hundred twenty-one of such law shall be liable for; the payment of 36 first party benefits to persons, other than the occupants of such motor- 37 cycle, bicycle with electric assist, electric scooter or all terrain 38 vehicle, another motorcycle, bicycle with electric assist, electric 39 scooter or all terrain vehicle, or any motor vehicle, for loss arising 40 out of the use or operation of the motorcycle, bicycle with electric 41 assist, electric scooter or all terrain vehicle within this state. Every 42 insurer and self-insurer may exclude from the coverage required by this 43 subsection a person who intentionally causes his own injury or is 44 injured while committing an act which would constitute a felony or while 45 seeking to avoid lawful apprehension or arrest by a law enforcement 46 officer. 47 § 4. This act shall take effect on the one hundred twentieth day after 48 it shall have become a law. Effective immediately, the addition, amend- 49 ment and/or repeal of any rule or regulation necessary for the implemen- 50 tation of this act on its effective date are authorized to be made and 51 completed on or before such effective date.
