STATE OF NEW YORK ________________________________________________________________________ 5390 2019-2020 Regular Sessions IN ASSEMBLY February 11, 2019 ___________ Introduced by M. of A. LUPARDO, JONES -- 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 the registration and operation of autocycles; and provid- ing for the repeal of such provisions upon expiration thereof 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 article 48-D to read as follows: 3 ARTICLE 48-D 4 REGISTRATION OF AUTOCYCLES 5 Section 2500. Definitions. 6 2501. Registration. 7 2502. Revocation and suspension. 8 2503. Display of registration number plate or plates. 9 2504. Equipment, inspection and insurance. 10 2505. Dealers and manufacturers. 11 2506. Exemptions. 12 2507. Rules and regulations. 13 § 2500. Definitions. As used in this article: 1. "Autocycle" means a 14 three-wheeled motor vehicle that has a steering wheel and seating which 15 does not require the operator to straddle or sit astride and is manufac- 16 tured to comply with federal safety requirements for motorcycles. 17 2. "Dealer" means any person engaged in the business of selling auto- 18 cycles at wholesale or retail. 19 § 2501. Registration. 1. Notwithstanding section four hundred ten-a of 20 this chapter and except as hereinafter provided, no person shall operate 21 any autocycle on a public highway or street within this state unless 22 such autocycle has been registered in accordance with article fifteen of 23 this chapter, the registration for such autocycle is in full force and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05151-02-9

A. 5390 2 1 effect and the registration number plate or plates are displayed as 2 hereinafter provided. 3 2. The fees for the registration, renewal, reregistration or amendment 4 or duplicate of a registration of an autocycle shall be the same fees as 5 if such vehicle were registered pursuant to section four hundred ten of 6 this chapter. 7 3. Every person operating an autocycle registered in accordance with 8 any of the provisions of this article, shall, upon the demand of any 9 magistrate, police officer, peace officer, when acting pursuant to his 10 or her special duties, or motor vehicle hearing officer, produce for 11 inspection the certificate of registration for such autocycle and shall 12 furnish to such person any information necessary for the identification 13 of such autocycle and its owner. The failure to produce the certificate 14 of registration as provided herein shall not be an offense, but shall be 15 presumptive evidence of the operation of an autocycle not registered as 16 required by this article. 17 4. The registration provisions of this article shall not apply to a 18 non-resident who has registered his or her autocycle in compliance with 19 the registration or licensing laws of the state, province or country of 20 his or her residence, provided that the autocycle is appropriately iden- 21 tified by an identification plate, sticker or other identifying device 22 issued by such state, province or country. 23 § 2502. Revocation and suspension. The registration of an autocycle 24 may be revoked or suspended in the same manner and to the same effect as 25 that of a motorcycle registered pursuant to article fifteen of this 26 chapter. 27 § 2503. Display of registration number plate or plates. 1. The regis- 28 tration number plate or plates assigned to an autocycle shall be 29 displayed on the autocycle at all times such vehicle is operated on the 30 public highways in such manner as the commissioner may, by regulation, 31 prescribe. One or two registration number plates, as determined by the 32 commissioner, shall be issued by the commissioner for an autocycle. No 33 number other than the registration number plate assigned to an autocycle 34 by the commissioner, or the identification number of the registration 35 issued by another state shall be painted, attached or otherwise 36 displayed on an autocycle when such autocycle is being operated on a 37 public highway. Nothing herein shall prohibit the display of a vehicle 38 identification number plate or number affixed by the manufacturer or his 39 or her agent in accordance with section four hundred fifteen of this 40 chapter. 41 2. Dealer demonstrator number plates shall conform to the requirements 42 set forth in subdivision one of this section with the exception that 43 such number plates may be temporarily but firmly affixed to the autocy- 44 cle being demonstrated or tested. 45 3. The use of dealer demonstrator number plates shall be subject to 46 the provisions of sections four hundred fifteen and four hundred sixteen 47 of this chapter. 48 4. No dealer shall permit a dealer demonstrator number plate to be 49 used on any autocycle unless such autocycle would qualify for the issu- 50 ance of such a number plate when registered. 51 § 2504. Equipment, inspection and insurance. 1. An autocycle shall be 52 manufactured to comply with federal safety requirements for a motorcycle 53 and, as otherwise provided pursuant to this section, shall be subject to 54 the equipment requirements of this chapter that are applicable to a 55 motorcycle. The equipment and operator of an autocycle shall be subject 56 to the requirements of subdivisions six, seven, nine, nine-a and ten of

A. 5390 3 1 section three hundred eighty-one of this chapter; provided however, that 2 the commissioner may, by regulation, provide for different equipment 3 requirements for different types of autocycles. No person shall operate 4 an autocycle on the public highways of this state in violation of the 5 provisions of this section or regulations promulgated by the commission- 6 er thereunder. 7 2. Autocycles shall be subject to the inspection requirements of arti- 8 cle five of this chapter. The commissioner may, by regulation, provide 9 for different inspection procedures for different types of autocycles. 10 3. The insurance provisions of articles six, seven and eight of this 11 chapter shall be applicable to autocycles. 12 § 2505. Dealers and manufacturers. 1. No person shall engage in the 13 business of selling autocycles unless there shall have been issued to 14 the person a dealer registration in accordance with section four hundred 15 fifteen of this chapter. The commissioner may, by regulation, provide 16 for identification of dealers as dealers of autocycles, and the commis- 17 sioner shall make provisions for the issuance of appropriate dealer 18 demonstrator number plates to such dealers. 19 2. No dealer shall acquire any autocycles for the purpose of resale 20 for use on the public highways within this state unless such autocycles 21 have a vehicle identification number in a form and manner acceptable to 22 the commissioner permanently affixed to the frame by the manufacturer or 23 authorized agent of the manufacturer. 24 3. The commissioner may prescribe, by regulation, procedures to be 25 followed by dealers with respect to record keeping and documents 26 required upon the sale of an autocycle, and procedures to be followed by 27 manufacturers with respect to the assignment and affixing of vehicle 28 identification numbers. 29 § 2506. Exemptions. 1. Fire and police vehicles are exempt from the 30 provisions of this article, except that the operator of such a vehicle 31 shall be required to be licensed as provided in article nineteen of this 32 chapter. 33 2. Any autocycle registered pursuant to this article that would be 34 exempt from the payment of registration fees if such vehicle were regis- 35 tered pursuant to title four of this chapter, shall be exempt from the 36 payment of registration fees under this article. 37 § 2507. Rules and regulations. The commissioner is hereby empowered to 38 make such rules and regulations as he or she may deem necessary to carry 39 out the provisions of this article. 40 § 2. Subparagraphs (iv), (vii) and (viii) of paragraph (a) of subdivi- 41 sion 2 of section 501 of the vehicle and traffic law, subparagraph (iv) 42 as amended by chapter 339 of the laws of 2005 and subparagraphs (vii) 43 and (viii) as added by chapter 173 of the laws of 1990, are amended to 44 read as follows: 45 (iv) Class D. Such license shall be valid to operate any passenger or 46 limited use automobile, autocycle, or any truck with a GVWR of not more 47 than twenty-six thousand pounds or any such vehicle towing a vehicle 48 with a GVWR of not more than ten thousand pounds, or any such vehicle 49 towing another vehicle with a GVWR of more than ten thousand pounds 50 provided such combination of vehicles has a GCWR of not more than twen- 51 ty-six thousand pounds, or any personal use vehicle with a GVWR of not 52 more than twenty-six thousand pounds or any such vehicle towing a vehi- 53 cle with a GVWR of not more than ten thousand pounds, except it shall 54 not be valid to operate a tractor, a motorcycle other than a class B or 55 C limited use motorcycle, a vehicle used to transport passengers for 56 hire or for which a hazardous materials endorsement is required, or a

A. 5390 4 1 vehicle defined as a bus in subdivision one of section five hundred 2 nine-a of this title. 3 (vii) Class M. Such license shall be valid to operate any motorcycle, 4 or any motorcycle, other than a limited use motorcycle, towing a 5 trailer, or an autocycle. 6 (viii) Class MJ. Such license shall be valid to operate any motorcycle 7 or limited use motorcycle, but not an autocycle, by a person under eigh- 8 teen years of age. Such license shall automatically become a class M 9 license when the holder becomes eighteen years of age. 10 § 3. Subsection (f) of section 5102 of the insurance law is amended to 11 read as follows: 12 (f) "Motor vehicle" means a motor vehicle as defined in section three 13 hundred eleven of the vehicle and traffic law and also includes fire and 14 police vehicles. It shall not include any motor vehicle not required to 15 carry financial security pursuant to article six, eight or forty-eight-A 16 of the vehicle and traffic law or a motorcycle, as defined in subsection 17 (m) [~~hereof~~] of this section or an autocycle, as defined in section 18 twenty-five hundred of the vehicle and traffic law. 19 § 4. This act shall take effect on the one hundred eightieth day after 20 it shall have become a law and shall expire and be deemed repealed 5 21 years after such date.

Relates to operation of a three-wheeled vehicle

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