§ 1282 — Operating electric scooters

§ 1282. Operating electric scooters. 1. No electric scooter shall be\nused to carry more than one person at one time. No person operating an\nelectric scooter shall carry any person as a passenger in a pack\nfastened to the operator or fastened to the electric scooter. The\nfailure of any person to comply with the provisions of this subdivision\nshall not constitute contributory negligence or assumption of risk, and\nshall not in any way bar, preclude or foreclose an action for personal\ninjury or wrongful death by or on behalf of such person, nor in any way\ndiminish or reduce the damages recoverable in any such action.\n 2. No person operating an electric scooter shall carry any package,\nbundle or article which prevents the operator from keeping at least one\nhand upon the handle bars or which obstructs his or her vision in any\ndirection.\n 3. Every person operating an electric scooter shall yield the right of\nway to pedestrians.\n 4. No person less than sixteen years of age shall operate or ride as a\npassenger upon an electric scooter, and no person sixteen years of age\nor older shall allow any person less than sixteen years of age to\noperate or ride as a passenger upon such scooter.\n 5. Except as may be otherwise provided by local law, ordinance, order,\nrule or regulation enacted or promulgated pursuant to this article, an\nelectric scooter may only be operated on highways with a posted speed\nlimit of thirty miles per hour or less, including non-interstate public\nhighways, private roads open to motor vehicle traffic, and designated\nbicycle or in-line skate lanes.\n 6. No person shall operate an electric scooter in excess of fifteen\nmiles per hour.\n 7. (a) No person shall operate an electric scooter on a sidewalk,\nexcept as may be authorized by a local law or ordinance adopted by a\ncity, town or village having jurisdiction over such sidewalk including\nparking on certain sidewalks within such city, town or village in\ncompliance with the federal Americans with Disabilities Act of 1990, as\namended (Public Law 101-336).\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, an electric scooter owned by a natural person where the\nowner is engaged in personal use may park on a sidewalk whether attended\nor unattended, provided however that no person shall park an electric\nscooter pursuant to this paragraph in a manner that interferes with the\nfree passage of pedestrians on a sidewalk. A city, town or village\nhaving jurisdiction over such sidewalk shall provide a method by which\nan electric scooter owned by a natural person may be identified as such.\n 8. (a) No person shall operate an electric scooter on any public lands\nor property, other than a highway exclusive of any greenway running\nadjacent to or connected with a highway, except that an electric scooter\nmay be operated on any such lands that have been designated and posted\nfor travel by electric scooters in accordance with the provisions of\nparagraph (b) of this subdivision. For the purposes of this subdivision,\nthe term "greenway" shall have the same meaning as such term is defined\nby subdivision seven of section 44-0103 of the environmental\nconservation law and subdivision one of section 39.03 of the parks,\nrecreation and historic preservation law.\n (b) A state agency, by regulation or order, and a city, town or\nvillage, by local law or ordinance, may designate any appropriate public\nlands and properties under its jurisdiction, other than highways\nexclusive of any greenway running adjacent to or connected with a\nhighway, as a place open for travel by electric scooters upon written\nrequest for such designation by any person, and may impose restrictions\nand conditions for the regulation and safe operation of electric\nscooters on such public lands or property, such as travel on designated\ntrails and hours of operation.\n 9. (a) No person, firm, association or corporation engaged in the\nbusiness of selling or leasing electric scooters shall sell or lease any\nelectric scooter on or after June first, two thousand twenty-two unless\nsuch electric scooter has permanently affixed thereto, in a prominent\nlocation, a manufacturer's label which shall include the following\ninformation: the maximum motor-assisted speed, the number of persons for\nwhich such electric scooter is designed and equipped, and motor wattage\nof such electric scooter. Manufacturers and distributors of electric\nscooters shall, by April first, two thousand twenty-two, establish a\nprocess by which an owner of an electric scooter may request and obtain\na manufacturer's label providing the maximum motor-assisted speed, the\nnumber of persons for which such electric scooter is designed and\nequipped, and motor wattage applicable to his or her electric scooter\npurchased prior to June first, two thousand twenty-two and installation\ninstructions from such manufacturers and distributors.\n (b) No person shall operate an electric scooter on any public highway\nor street in this state after June first, two thousand twenty-two unless\nsuch electric scooter has permanently affixed thereto, in a prominent\nlocation, a manufacturer's label providing the maximum motor-assisted\nspeed, the number of persons for which such electric scooter is designed\nand equipped, and motor wattage of such electric scooter. Any person who\nviolates the provisions of this paragraph shall be punished by a civil\nfine of up to fifty dollars. The court shall waive any fine for which a\nperson who violates the provisions of this paragraph would be liable if\nsuch person supplies the court with proof that, between the date on\nwhich he or she is charged with having violated this paragraph and the\nappearance date for such violation, a manufacturer's label was affixed\nto his or her electric scooter as required by this paragraph. Provided,\nhowever, that such waiver of fine shall not apply to a second or\nsubsequent conviction under this paragraph.\n 10. (a) The governing body of any city, town or village may, by local\nlaw, ordinance, order, rule or regulation, authorize and regulate shared\nelectric scooter systems within such city, town or village. No such\nshared systems shall operate within a city, town or village except as\nauthorized by such local law, ordinance, order, rule or regulation. No\nsuch shared electric scooter system shall operate on public highways in\na county with a population of no less than one million five hundred\neighty-five thousand and no more than one million five hundred\neighty-seven thousand as of the two thousand ten decennial census. For\nthe purposes of this subdivision, the term shared electric scooter\nsystem shall mean a network of self-service and publicly available\nelectric scooters, and related infrastructure, in which an electric\nscooter trip begins and/or ends on any public highway.\n (b) Notwithstanding any other provision of law to the contrary, all\ntrip data, personal information, images, videos, and other recorded\nimages collected by any shared electric scooter system which is\nauthorized to operate within a city, town or village pursuant to this\nsection: (i) shall be for the exclusive use of such shared electric\nscooter system and shall not be sold, distributed or otherwise made\navailable for any commercial purpose and (ii) shall not be disclosed or\notherwise made accessible except: (1) to the person who is the subject\nof such data, information or record; or (2) if necessary to comply with\na lawful court order, judicial warrant signed by a judge appointed\npursuant to article III of the United States constitution, or subpoena\nfor individual data, information or records properly issued pursuant to\nthe criminal procedure law or the civil practice law and rules.\nProvided, however, that nothing contained in this paragraph shall be\ndeemed to preclude the exchange of such data, information or recorded\nimages solely for the purpose of administering such authorized shared\nsystem.\n For the purposes of this subdivision, "personal information" shall\nmean information that identifies an individual, including but not\nlimited to name, address, telephone number, and the type and form of\npayment including credit card number, debit card number, or other\npayment method.\n 11. A violation of the provisions of subdivision one, two, three,\nfour, six, or seven of this section shall result in a civil fine not to\nexceed fifty dollars.\n 12. A police officer shall only issue a summons for a violation of\nthis section by a person less than sixteen years of age to the parent or\nguardian of such person if the violation by such person occurs in the\npresence of such person's parent or guardian and where such parent or\nguardian is eighteen years of age or more. Such summons shall only be\nissued to such parent or guardian, and shall not be issued to the person\nless than sixteen years of age.\n