New York City Council Header
File #: Int 2061-2020    Version: Name: DOT approval for shared moped organizations.
Type: Introduction Status: Enacted
Committee: Committee on Transportation
On agenda: 8/27/2020
Enactment date: 6/12/2021 Law number: 2021/067
Title: A Local Law to amend the administrative code of the city of New York, in relation to moped share systems
Sponsors: Ydanis A. Rodriguez, Farah N. Louis, Helen K. Rosenthal, James F. Gennaro
Council Member Sponsors: 4
Summary: This bill would prohibit the operation of a moped share system without Department of Transportation (DOT) approval. Moped share system operators would be required to obtain a permit for each moped in their fleet. The bill would require DOT to promulgate rules on safety and rider compliance with law, including measures to monitor helmet use. The bill also limits moped share systems to mopeds incapable of exceeding 30 miles per hour, and creates penalties and provides for the impoundment of unauthorized mopeds.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 2061-A, 2. Summary of Int. No. 2061, 3. Int. No. 2061, 4. August 27, 2020 - Stated Meeting Agenda with Links to Files, 5. Hearing Transcript - Stated Meeting 8-27-20, 6. Minutes of the Stated Meeting - August 27, 2020, 7. Committee Report 10/27/20, 8. Hearing Testimony 10/27/20, 9. Hearing Transcript 10/27/20, 10. Proposed Int. No. 2061-A - 5/5/21, 11. Committee Report 5/12/21, 12. Hearing Transcript 5/12/21, 13. Committee Report - Stated Meeting, 14. May 12, 2021 - Stated Meeting Agenda with Links to Files, 15. Hearing Transcript - Stated Meeting 5-12-21, 16. Minutes of the Stated Meeting - May 12, 2021, 17. Int. No. 2061-A (FINAL), 18. Fiscal Impact Statement, 19. Legislative Documents - Letter to the Mayor, 20. Local Law 67
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
6/14/2021AYdanis A. Rodriguez City Council Returned Unsigned by Mayor  Action details Meeting details Not available
6/12/2021AYdanis A. Rodriguez Administration City Charter Rule Adopted  Action details Meeting details Not available
5/28/2021AYdanis A. Rodriguez Mayor Hearing Scheduled by Mayor  Action details Meeting details Not available
5/28/2021AYdanis A. Rodriguez Mayor Hearing Scheduled by Mayor Cancelled  Action details Meeting details Not available
5/12/2021AYdanis A. Rodriguez City Council Sent to Mayor by Council  Action details Meeting details Not available
5/12/2021AYdanis A. Rodriguez City Council Approved by CouncilPass Action details Meeting details Not available
5/12/2021*Ydanis A. Rodriguez Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
5/12/2021*Ydanis A. Rodriguez Committee on Transportation Amendment Proposed by Comm  Action details Meeting details Not available
5/12/2021*Ydanis A. Rodriguez Committee on Transportation Amended by Committee  Action details Meeting details Not available
5/12/2021AYdanis A. Rodriguez Committee on Transportation Approved by CommitteePass Action details Meeting details Not available
10/27/2020*Ydanis A. Rodriguez Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
10/27/2020*Ydanis A. Rodriguez Committee on Transportation Laid Over by Committee  Action details Meeting details Not available
8/27/2020*Ydanis A. Rodriguez City Council Referred to Comm by Council  Action details Meeting details Not available
8/27/2020*Ydanis A. Rodriguez City Council Introduced by Council  Action details Meeting details Not available

Int. No. 2061-A

 

By Council Members Rodriguez, Louis, Rosenthal and Gennaro

 

A Local Law to amend the administrative code of the city of New York, in relation to moped share systems

 

Be it enacted by the Council as follows:

 

Section 1. Title 19 of the administrative code of the city of New York is amended by adding a new section 19-176.3 to read as follows:

§ 19-176.3 Moped share systems. a. For the purposes of this section, the following terms have the following meanings:

Moped. The term “moped” means any limited use motorcycle as defined in section 121-b of the vehicle and traffic law.

Moped share system. The term “moped share system” means a network of self-service and publicly available limited use motorcycles, and any related infrastructure, in which a trip begins or ends on any highway, as defined in section 118 of the vehicle and traffic law.

Person. The term “person” means a natural person, partnership, corporation or other legal entity.

b. 1. It shall be unlawful for any person to operate a moped share system without authorization from the department issued in accordance with this section and the rules of the department. A fee for such authorization and for renewals thereof may be established by rule by the commissioner.

2. The commissioner may require a moped share system to obtain a permit for each moped used in the operation of such system. Where such permits are required, it shall be unlawful for a moped to be used in the operation of a moped share system unless such moped has such a permit issued by the department. A fee for such permit and for renewals thereof may be established by rule by the commissioner.

c. Only class B or class C electric powered limited use motorcycles that are registered in accordance with the vehicle and traffic law may be used in the operation of a moped share system.

d. Applications for authorization to operate a moped share system and, where applicable, permits for mopeds that will be used in the operation of such system, shall be submitted to the department in a form and manner and containing such information as the department shall prescribe in rules. The term of such authorization and, where applicable, the term of such permit, shall be set forth in the rules of the department.

e. Each person operating a moped share system shall comply with this section and rules of the department issued pursuant to this section, including but not limited to rules relating to:

1. Safety;

2. Vehicle maintenance;

3. Rider accountability;

4. Rider compliance with local and state law including, but not limited to, requiring riders to provide photographic or other evidence of rider helmet use;

5. Community outreach;

6. Equity;

7. Parking considerations;

8. Maintenance of insurance; and

9. Data sharing, recordkeeping and inspection requirements.

f. 1. Any person who violates any of the provisions of this section shall be subject to a civil penalty of not more than $25,000, which may be recovered in a proceeding before an administrative tribunal within the office of administrative trials and hearings in accordance with the rules of such office or in a civil action in a court of competent jurisdiction.

2. Any person who has obtained authorization from the department to operate a moped share system and who is found to violate the provisions of this section or rules of the department promulgated pursuant to this section may, after notice and opportunity to be heard, be subject to the suspension or revocation of such authorization.

3. Any moped found parked on a street and offered to the public as a part of a moped share system that is not authorized pursuant to this section, or that does not have a required permit, if such a permit is required, may be removed and taken to a place of safety by the department or by the police department. The agency that removes such moped or that has custody of such moped after removal shall provide notice of such removal within 30 days of removal to the registered owner of such moped. Such moped shall not be released until all removal charges and storage fees have been paid or a bond or other security for such amount has been posted. A moped that is not claimed within the time set forth in such notice may be disposed of in accordance with applicable law relating to the disposal of abandoned vehicles.

g. This section may be enforced by the police department, the department of transportation and by any other agency designated by the department of transportation. Any officers and employees of the police department, the department of transportation, or of any agency designated by the department, shall have the power to issue notices of violation, administrative summonses and appearance tickets.

h. Nothing in this local law shall be interpreted to prevent the department from granting approval for the operation of a moped share system through standards imposed pursuant to a procurement and contracting process.

§ 2. Moped share systems in operation on the date of enactment of this local law may continue to operate without the authorization required pursuant to section one of this local law, provided that such authorization is obtained within a period of time to be set forth in the rules of the department; and provided further that such operation does not endanger public safety.

§ 3. This local law takes effect 120 days after it becomes law, except that the commissioner of transportation shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.

 

EL

LS #15876 / 15925 / 15926

5/3/2021 10:55AM