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A5538Assembly2017-2018 Session

Exclude Hoverboards as Motor Vehicles

Official title

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

Sponsor David WeprinAD-24Affects Transportation
Status
In Assembly Committee
Transportation
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill exempts hoverboards and electric unicycles from the definition of motor vehicles, regulates their use, and addresses safety and fire hazard concerns.

Why it matters

  1. Local governments gain explicit power to regulate where and how hoverboards and electric unicycles can be used. , including the ability to allow or restrict their use on local streets, highways, or public spaces—affecting both riders’ freedoms and neighborhood safety considerations.

  2. Mandatory safety gear for minors (under 18) is required, including helmets, knee pads, and wrist guards. , with a fine up to $50 for violations; this aims to reduce injuries and could impact how parents and youth approach the use of these devices.

  3. Reckless operation is defined and penalized as a traffic infraction. , with fines ranging from $50 to $100, signaling that while these devices are not motor vehicles, unsafe use will still carry legal consequences—potentially affecting insurance, enforcement, and public safety.

  4. The Consumer Protection Division must track and publicly report on devices that catch fire or explode, and can fine or ban manufacturers/retailers whose products repeatedly fail. , increasing consumer transparency, pressuring manufacturers for safer products, and potentially shaping the availability of certain brands in New York.

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Who cares

Headline styles

Exclude Hoverboards as Motor Vehicles

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Weprin

Assembly Member · Assembly District 24

Chair, Insurance

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5538

2017-2018 Regular Sessions

IN ASSEMBLY

February 10, 2017

Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to exempting hoverboards and electric unicycles from the definition of "motor vehicle"; and to amend the executive law, in relation to directing the consumer protection division to monitor incidents of hoverboards and electric unicycles that explode or ignite

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The vehicle and traffic law is amended by adding two new sections 114-e and 119-c to read as follows:

§ 114-e. Electric unicycle. Every device, having a single wheel on a single axle, not exceeding twenty-seven inches in height and not equipped with handlebars, designed to transport one person by means of an electric propulsion system and having a maximum speed, when propelled solely by its electric propulsion system, not in excess of twenty miles an hour. An electric unicycle shall not be deemed to be an electric personal assistive mobility device.

§ 119-c. Hoverboard. Every self-balancing device, having two or more wheels on a single axle, not exceeding twelve inches in height, exclusive of any leg pad and/or bar, and not equipped or designed to be equipped with handle bars, designed to transport one person by means of an electric propulsion system and having a maximum speed, when propelled solely by its electric propulsion system, not in excess of twenty miles an hour. A hoverboard shall not be deemed to be an electric personal assistive mobility device.

§ 2. Section 125 of the vehicle and traffic law, as amended by chapter 365 of the laws of 2008, is amended to read as follows:

§ 125. Motor vehicles. Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except (a) electrically-driven mobility assistance devices operated or

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00146-01-7

A. 5538 2

driven by a person with a disability, (a-1) electric personal assistive mobility devices operated outside a city with a population of one million or more, (b) vehicles which run only upon rails or tracks, (c) snowmobiles as defined in article forty-seven of this chapter, [and] (d) all terrain vehicles as defined in article forty-eight-B of this chapter, (e) hoverboards, and (f) electric unicycles. For the purposes of title four of this chapter, the term motor vehicle shall exclude fire and police vehicles other than ambulances. For the purposes of titles four and five of this chapter the term motor vehicles shall exclude farm type tractors and all terrain type vehicles used exclusively for agricultural purposes, or for snow plowing, other than for hire, farm equipment, including self-propelled machines used exclusively in growing, harvesting or handling farm produce, and self-propelled caterpillar or crawler-type equipment while being operated on the contract site.

§ 3. The vehicle and traffic law is amended by adding a new article 34-D to read as follows:

ARTICLE 34-D

ELECTRIC UNICYCLES AND HOVERBOARDS Section 1280. Electric unicycles and hoverboards; local regulation.

1281. Protective gear; persons under eighteen years of age.

1282. Reckless operation prohibited.

§ 1280. Electric unicycles and hoverboards; local regulation. 1. Except as otherwise provided in subdivision two of this section, no provision of this chapter shall be deemed to prohibit the governing body of any county, city, town or village from regulating the use and operation of electric unicycles and/or hoverboards, including the operation thereof on any public highway where there is no adjoining sidewalk or shoulder.

2. No provision of this chapter shall be deemed to prohibit the use and operation of electric unicycles and hoverboards in a public park.

§ 1281. Protective gear; persons under eighteen years of age. 1. No person less than eighteen years of age shall operate an electric unicycle or hoverboard unless such person is wearing a helmet, knee pads and wrist guards meeting standards established by the commissioner.

2. For the purposes of this section, wearing a helmet means having a helmet of good fit fastened securely upon the head with the helmet straps.

3. Any person who violates the provisions of this section shall pay a civil fine not to exceed fifty dollars.

§ 1282. Reckless operation prohibited. 1. For purposes of this section, "reckless operation" means operating an electric unicycle or hoverboard on a public street, highway or sidewalk in such a manner as to endanger the safety or property of another.

2. No person shall engage in the reckless operation of an electric unicycle or hoverboard.

3. A violation of this section shall be a traffic infraction.

§ 4. Section 1800 of the vehicle and traffic law is amended by adding a new subdivision (e-1) to read as follows:

(e-1) Every person convicted of a violation of the provisions of section twelve hundred eighty-two of this chapter shall be punished by a fine of not less than fifty dollars, nor more than one hundred dollars.

§ 5. Section 94-a of the executive law is amended by adding a new subdivision 4-a to read as follows:

4-a. Electric unicycles and hoverboards. The division shall solicit, accept and investigate complaints and reports of any electric unicycle or hoverboard sold in this state that explodes or ignites in flames.

A. 5538 3

After the investigation of any such complaint or report the division shall determine whether an explosion or ignition occurred. If an electric unicycle or hoverboard is determined to have exploded or ignited in flames, the division shall post the brand, model, manufacturer and name of the retail seller thereof on its public internet website. The division shall impose a civil penalty of one thousand dollars, upon each manufacturer and retail seller, for each electric unicycle or hoverboard sold in this state which is found to have exploded or ignited in flames; provided, however, that any manufacturer or retail seller which is determined to have sold three or more electric unicycles and/or hoverboards that have exploded or ignited in flames shall be prohibited from selling any electric unicycle or hoverboard in this state.

§ 6. This act shall take effect on the thirtieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.