Res. No. 602

Resolution calling on the New York State Legislature to pass, and the Governor to sign, A.9747/S.9209, to amend the New York State Vehicle and Traffic law, in relation to the regulation of the operation of motorized scooters

By Council Members Schulman, Lee and Ariola

Whereas, The adoption of electric scooters (e-scooters) within the City of New York has become more common with new advancements in motor vehicle and lithium ion battery technologies; and

Whereas, In 2020, the New York State Legislature passed legislation allowing for people to operate e-scooters on many streets within the State, and the City Council subsequently passed legislation removing prohibitions of the operation of such devices in local law; and

Whereas, According to the New York State Vehicle and Traffic Law, an “e-scooter” is defined as, among other things, having a maximum speed of no more than 20 miles per hour on a paved level surface when powered solely by the electric motor; and

Whereas, State law prohibits the operation of an e-scooter in excess of 15 miles per hours; and

Whereas, According to the New York State Vehicle and Traffic Law, a “limited use motorcycle” is defined as a 2- or 3-wheeled device with a seat for the operator having a maximum speed of no more than 40 miles per hour, with different classes depending on the maximum speed level of the device; and

Whereas, The New York State Vehicle and Traffic Law currently has no definition for seatless scooters that are capable of reaching speeds over 20 miles per hour; and

Whereas, Despite these laws, e-scooters that can reach maximum speeds in excess of 20 miles per hour can be readily purchased online; and

Whereas, A.9747, introduced by Assembly Member Jenifer Rajkumar and pending in the New York State Assembly, and companion bill S.9209, introduced by State Senator Joseph P. Addabbo, Jr. and pending in the New York State Senate, would amend the New York State Vehicle and Traffic law to define “motorized scooters” as “any wheeled device that has handlebars that is designed to be stood or sat upon by the operator, is powered by an electric motor or by a gasoline motor that is capable of propelling the device without human power, and is not a bicycle with electric assist, electric scooter, motorcycle, wheelchair, or electrically driven mobility assistance device”; and

Whereas, A.9747/S.9209 would further amend the New York State Vehicle and Traffic law by adding a new article to regulate motorized scooters, including requirements for motorized scooter registration, insurance, and inspection; and

Whereas, Such legislation might further reinforce New York State’s existing prohibition against operating an e-scooter in excess of 15 miles per hour in the City of New York and would allow the State to define and further regulate scooters that travel in excess of 20 miles per hour; and

Whereas, By defining and regulating motorized scooters as its own class of vehicle, A.9747/S.9209 could potentially promote the safer use of such devices; now, therefore, be it

Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass, and the Governor to sign, A.9747/S.9209, to amend the New York State Vehicle and Traffic law, in relation to the regulation of the operation of motorized scooters.

JPB

LS # 17086

9/11/2024 1:05 PM