Provides that hoverboards and electric unicycles shall not be deemed to be "motor vehicles" under the vehicle and traffic law

Section 2 amends Section 125 of the Vehicle and Traffic Law by expressly exempting hoverboards and electric unicycles from the definition of a "motor vehicle."

Section 3 amends the Vehicle and Traffic Law by adding a new Article 34-D titled 'Electric Unicycles and Hoverboards," which includes language pertaining to local regulation and use in public parks, a mandate for protective gear to be worn by users 18 years of age or younger, and a prohibition on the reckless operation of these devices on sidewalks.

Section 4 amends Section 1800 of the Vehicle and Traffic Law by establishing fines for the reckless operation of these devices upon sidewalks.

Section 5 amends Section 94-a of the Executive Law by mandating that the State Department's Division of Consumer Protection will investigate complaints of exploding or igniting hoverboards, as well as maintain a database of these devices known to explode or ignite into flames. The Section further mandates that the Division will fine manufacturers and/or vendors of these devices a civil penalty of $1,000 for each instance where a device sold by them in this State explodes or ignites into flames. Lastly, the Section mandates that upon the third instance of an exploding or igniting device sold by a manufacturer and/or retailer, that entity shall no longer be allowed to distribute these devices in New York. Section 6 sets forth the effective date of this legislation.

Justification

Recent media reports suggest that the New York City Police Department (NYPD) has issued summonses, as well as has potentially made arrests and seizures related to the use of hoverboard devices in New York City. At first, the NYPD took the position that the operation of hoverboards and electric unicycles is illegal in New York City based upon the City's ban on e-bikes, codified at N.Y.C. Admin. Code 19-176.2. However, that particular passage of the Code bans devices containing handlebars, and hoverboards and electric unicycles do not meet this criterion. On its Twitter account, the NYPD then took the position that hoverboards are "motor vehicles" as defined by the New York State VTL and are illegal for use because they cannot be registered with the Department of Motor Vehicles (DMV).

Outside of New York City, municipalities ought not be subjected to a 'one size fits all' approach to the regulation of hoverboards and electric unicycles; rather, similar to skateboards, it is sensible to allow municipalities to develop regulations relative to their local operation and safety measures. While hoverboards and electric unicycles ought not be operated in busy city streets, it is the case that suburban and rural areas of the State may wish to address safe operation where sidewalks are unavailable. The Sponsor further contends that the use of these devices in public parks is sensible. Finally, nothing in this legislation prevents the State from instituting its own safety and operational measures relative to these unique devices.

Relative to the safe use of hoverboards and electric unicycles, it is important that riders aged eighteen years or younger be required to wear protective gear when operating these devices, including helmets, knee pads and wrist guards. Additionally, this legislation seeks to remedy concerns regarding the unsafe operation of these devices on sidewalks by establishing Statewide penalties for the "reckless operation" of hoverboards and electric unicycles. Akin to skateboarding and in-line skating rules already on the book in New York City, persons operating these devices in a manner that endangers the safety or property of another will face a fine of $50100.

To address recent reports of hoverboard devices that explode or ignite into flames, the legislation seeks to empower the State Department's Division of Consumer Protection with the ability to investigate complaints of these occurrences, as well as devise a database that catalogs these incidents. This information will be available to the public on the Division's website. Retailers and manufacturers who are found to have distributed a device that explodes or ignites into flames will face a civil penalty of $1,000 for each violation. On a third violation, those retailers and manufacturers will lose the ability to sell hoverboards and electric unicycles in New York State.

In order to effectuate safety policy that is successful in addressing the challenges posed by these new technologies, it is proper to note that hoverboards and electric unicycles should not be included in the definition of "motor vehicles" that is currently contained in the VTL. There is no evidence to suggest that an all-out ban on hoverboards or electric unicycles is in the public interest. Further, no party has argued that the DMV should institute a registration scheme that encompasses hoverboard and electric unicycle devices. Commonsense dictates that safety regulations promulgated by the State or its municipal subdivisions, and specifically tailored to the address both the benefits and harms of these technologies, is the logical next step forward.

Prior legislative history

This is a new bill.

Fiscal implications

None. EFFECTIVE DATE : This act shall take effect on the thirtieth day after it shall have become a law.