Regulate Commercial Motor Cycles

Section 1. The vehicle and traffic law is amended by adding a new section 124 to read as follows:

§ 124. Motor-driven cycle. Every motor vehicle having:

(a) a seat or saddle for the use of the operator;

(b) two or three wheels in contact with the ground;

(c) an internal combustion engine, or electric, solar or hybrid motor which will propel the vehicle unassisted at a maximum speed no greater than thirty miles per hour. If such vehicle is equipped with an internal combustion engine, such engine's piston or rotor displacement shall not exceed fifty cubic centimeters. A motor-driven cycle shall be a limited use motorcycle or motorcycle when operated at speeds in excess of thirty miles per hour and the operator shall be required to have in his or her possession a valid class D, DJ, M or MJ license, as the case may be; and

(d) a direct or automatic power drive system which requires no clutch or gear shift operation by the operator after the drive system is engaged with the engine or motor.

§ 2. Paragraph (a) of section 125 of the vehicle and traffic law, as amended by chapter 365 of the laws of 2008, is amended to read as follows:

(a) electrically-driven mobility assistance devices operated or driven by a person with a disability, unless such mobility device is determined by the commissioner to be a motor-driven cycle,

§ 3. Section 2268 of the vehicle and traffic law, as added by chapter 869 of the laws of 1976, is amended to read as follows:

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

[ ] is old law to be omitted.

LBD00152-01-7

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§ 2268. Motor-assisted [vehicle] and motor-driven vehicles. [Notwithstanding any other provision of this chapter, a]

1. A vehicle which is primarily designed to be propelled by human power shall not be entitled to registration as a limited use vehicle because of the addition of a motor. The commissioner shall determine whether any vehicle is primarily designed to be propelled by human power.

2. The operator of a motor-driven cycle for commercial purposes shall be subject to all of the provisions relating to the legal operation of a limited use vehicle as provided in this article unless otherwise determined by the commissioner. The commissioner is authorized and directed to promulgate rules and regulations for the registration, insuring limited to minimum liability, and licensing of motor-driven cycles for commercial purposes, which shall include criteria for the safe operation of motor-driven cycles upon the public highways and procedures for imposition of penalties.

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

ARTICLE 34-D

OPERATION OF MOTOR-DRIVEN CYCLES FOR

COMMERCIAL PURPOSES Section 1280. Registration required.

1281. Notice by dealers.

1282. Traffic laws.

1283. Licensed operator.

1284. Hand and arm signals.

1285. Carrying articles.

1286. Protective head gear.

1287. Reflective clothing.

1288. Restrictions.

1289. Penalties.

§ 1280. Registration required. Pursuant to the provisions for registration in section twenty-two hundred sixty-eight of this chapter, motor-driven cycles used for commercial purposes are required to be registered by owners before being operated or driven upon a public highway.

§ 1281. Notice by dealers. Dealers selling motor-driven cycles shall provide a written disclosure, pursuant to the commissioner's regulations, to be signed by the buyer at time of purchase. Such disclosure shall include, but not be limited to, a statement that, in accordance with the provisions of this article and any other applicable law, the operator of a motor-driven cycle for commercial purposes must be a licensed driver in accordance with provisions of this article; a motordriven cycle shall not be operated for commercial purposes on a public highway with a speed limit in excess of thirty-five miles per hour; operators must wear protective head gear while operating a motor-driven cycle for commercial purposes; and violation may subject the owner and/or operator to penalties including fines, the assessment of points upon an operator's driving record, as well as all other civil and criminal penalties pertaining to the licensed operation of motor vehicles.

§ 1282. Traffic laws. Every person operating a motor-driven cycle for commercial purposes upon a public highway shall be granted all of the rights and shall be subject to all of the duties applicable to the operator of a motor vehicle by this title, except as otherwise provided in this article and except as to those provisions of this title which by their nature can have no application.

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§ 1283. Licensed operator. No person shall operate a motor-driven cycle for commercial purposes on a public highway unless such operator holds a valid class D or DJ driver license, or a valid driver license from another state or the dominion of Canada.

§ 1284. Hand and arm signals. All directional signals required to be given by bicyclists pursuant to section twelve hundred thirty-seven of this title shall be given by operators of motor-driven cycles for commercial purposes.

§ 1285. Carrying articles. No person operating a motor-driven cycle for commercial purposes upon a public highway shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handle bars of the motor-driven cycle. No person operating a motor-driven cycle for commercial purposes shall carry any package, bundle or article which obstructs his or her vision in any direction.

§ 1286. Protective head gear. No person shall operate a motorized cycle for commercial purposes without wearing protective head gear meeting standards established by the commissioner. A court shall waive any fine for which a person who violates the provisions of this section would be liable if such person supplies the court with proof that between the date of violation and the appearance date for such violation such person purchased or rented protective head gear, which meets the regulatory requirements as determined by the commissioner. Such waiver of fine shall not apply to a second or subsequent violation.

§ 1287. Reflective clothing. No person shall operate a motorized cycle for commercial purposes on a public highway during the period of time between one-half hour after sunset and one-half hour before sunrise unless such person is wearing readily visible reflective clothing.

§ 1288. Restrictions. 1. No person shall operate a motorized cycle for commercial purposes on any public highway:

(a) with a speed limit in excess of thirty-five miles per hour, provided that the provisions of this paragraph shall not prohibit the crossing of a public highway with a speed limit in excess of thirty-five miles per hour where such highway intersects with a highway with a speed limit of thirty-five miles per hour or less; or

(b) on which, in the interest of public safety, a local authority or the department of transportation has prohibited the operation of motordriven cycles.

2. No person shall operate a motor-driven cycle for commercial purposes on or across a sidewalk, except that such vehicle may be operated in such manner as not to interfere with the safety and passage of pedestrians who shall have the right of way, and when to do so is reasonable and necessary to gain access to a public highway, private way or lands or buildings adjacent to such highway or way.

§ 1289. Penalties. 1. Violation of the provisions of this article shall constitute a traffic infraction punishable by a fine of not less than twenty-five nor more than one hundred dollars for each violation.

2. The unlawful operation of a motor-driven cycle for commercial purposes that violates the rules of the road for motor vehicles under this title shall result in the same civil and criminal penalties as the unlawful operation of all other motor vehicles, including but not limited to the assessment of points upon the operator's driving record.

§ 5. Nothing in this act shall be deemed to limit the authority of a county, city, town or village from adopting or amending a local law or ordinance which imposes stricter restrictions and conditions on the operation of motor-driven cycles than are provided or authorized by this

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act, so long as such local law or ordinance is consistent with its authority to protect the order, conduct, health, safety and general welfare of persons or property. Nothing in this act shall be deemed to alter or invalidate any local law or ordinance already in effect as of the effective date of this act.

§ 6. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediately, the amendment, addition or repeal of any rule or regulation necessary for the timely implementation of this act on its effective date is hereby authorized and directed to be made on or before such effective date.