N.Y. Vehicle & Traffic Law § 1282: Operating electric scooters

§ 1282. Operating electric scooters. 1. No electric scooter shall be

used to carry more than one person at one time. No person operating an

electric scooter shall carry any person as a passenger in a pack

fastened to the operator or fastened to the electric scooter. The

failure of any person to comply with the provisions of this subdivision

shall not constitute contributory negligence or assumption of risk, and

shall not in any way bar, preclude or foreclose an action for personal

injury or wrongful death by or on behalf of such person, nor in any way

diminish or reduce the damages recoverable in any such action.

2. No person operating an electric scooter shall carry any package,

bundle or article which prevents the operator from keeping at least one

hand upon the handle bars or which obstructs his or her vision in any

direction.

3. Every person operating an electric scooter shall yield the right of

way to pedestrians.

4. No person less than sixteen years of age shall operate or ride as a

passenger upon an electric scooter, and no person sixteen years of age

or older shall allow any person less than sixteen years of age to

operate or ride as a passenger upon such scooter.

5. Except as may be otherwise provided by local law, ordinance, order,

rule or regulation enacted or promulgated pursuant to this article, an

electric scooter may only be operated on highways with a posted speed

limit of thirty miles per hour or less, including non-interstate public

highways, private roads open to motor vehicle traffic, and designated

bicycle or in-line skate lanes.

6. No person shall operate an electric scooter in excess of fifteen

miles per hour.

7. (a) No person shall operate an electric scooter on a sidewalk,

except as may be authorized by a local law or ordinance adopted by a

city, town or village having jurisdiction over such sidewalk including

parking on certain sidewalks within such city, town or village in

compliance with the federal Americans with Disabilities Act of 1990, as

amended (Public Law 101-336).

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, an electric scooter owned by a natural person where the

owner is engaged in personal use may park on a sidewalk whether attended

or unattended, provided however that no person shall park an electric

scooter pursuant to this paragraph in a manner that interferes with the

free passage of pedestrians on a sidewalk. A city, town or village

having jurisdiction over such sidewalk shall provide a method by which

an electric scooter owned by a natural person may be identified as such.

8. (a) No person shall operate an electric scooter on any public lands

or property, other than a highway exclusive of any greenway running

adjacent to or connected with a highway, except that an electric scooter

may be operated on any such lands that have been designated and posted

for travel by electric scooters in accordance with the provisions of

paragraph (b) of this subdivision. For the purposes of this subdivision,

the term "greenway" shall have the same meaning as such term is defined

by subdivision seven of section 44-0103 of the environmental

conservation law and subdivision one of section 39.03 of the parks,

recreation and historic preservation law.

(b) A state agency, by regulation or order, and a city, town or

village, by local law or ordinance, may designate any appropriate public

lands and properties under its jurisdiction, other than highways

exclusive of any greenway running adjacent to or connected with a

highway, as a place open for travel by electric scooters upon written

request for such designation by any person, and may impose restrictions

and conditions for the regulation and safe operation of electric

scooters on such public lands or property, such as travel on designated

trails and hours of operation.

9. (a) No person, firm, association or corporation engaged in the

business of selling or leasing electric scooters shall sell or lease any

electric scooter on or after June first, two thousand twenty-two unless

such electric scooter has permanently affixed thereto, in a prominent

location, a manufacturer's label which shall include the following

information: the maximum motor-assisted speed, the number of persons for

which such electric scooter is designed and equipped, and motor wattage

of such electric scooter. Manufacturers and distributors of electric

scooters shall, by April first, two thousand twenty-two, establish a

process by which an owner of an electric scooter may request and obtain

a manufacturer's label providing the maximum motor-assisted speed, the

number of persons for which such electric scooter is designed and

equipped, and motor wattage applicable to his or her electric scooter

purchased prior to June first, two thousand twenty-two and installation

instructions from such manufacturers and distributors.

(b) No person shall operate an electric scooter on any public highway

or street in this state after June first, two thousand twenty-two unless

such electric scooter has permanently affixed thereto, in a prominent

location, a manufacturer's label providing the maximum motor-assisted

speed, the number of persons for which such electric scooter is designed

and equipped, and motor wattage of such electric scooter. Any person who

violates the provisions of this paragraph shall be punished by a civil

fine of up to fifty dollars. The court shall waive any fine for which a

person who violates the provisions of this paragraph would be liable if

such person supplies the court with proof that, between the date on

which he or she is charged with having violated this paragraph and the

appearance date for such violation, a manufacturer's label was affixed

to his or her electric scooter as required by this paragraph. Provided,

however, that such waiver of fine shall not apply to a second or

subsequent conviction under this paragraph.

10. (a) The governing body of any city, town or village may, by local

law, ordinance, order, rule or regulation, authorize and regulate shared

electric scooter systems within such city, town or village. No such

shared systems shall operate within a city, town or village except as

authorized by such local law, ordinance, order, rule or regulation. No

such shared electric scooter system shall operate on public highways in

a county with a population of no less than one million five hundred

eighty-five thousand and no more than one million five hundred

eighty-seven thousand as of the two thousand ten decennial census. For

the purposes of this subdivision, the term shared electric scooter

system shall mean a network of self-service and publicly available

electric scooters, and related infrastructure, in which an electric

scooter trip begins and/or ends on any public highway.

(b) Notwithstanding any other provision of law to the contrary, all

trip data, personal information, images, videos, and other recorded

images collected by any shared electric scooter system which is

authorized to operate within a city, town or village pursuant to this

section: (i) shall be for the exclusive use of such shared electric

scooter system and shall not be sold, distributed or otherwise made

available for any commercial purpose and (ii) shall not be disclosed or

otherwise made accessible except: (1) to the person who is the subject

of such data, information or record; or (2) if necessary to comply with

a lawful court order, judicial warrant signed by a judge appointed

pursuant to article III of the United States constitution, or subpoena

for individual data, information or records properly issued pursuant to

the criminal procedure law or the civil practice law and rules.

Provided, however, that nothing contained in this paragraph shall be

deemed to preclude the exchange of such data, information or recorded

images solely for the purpose of administering such authorized shared

system.

For the purposes of this subdivision, "personal information" shall

mean information that identifies an individual, including but not

limited to name, address, telephone number, and the type and form of

payment including credit card number, debit card number, or other

payment method.

11. A violation of the provisions of subdivision one, two, three,

four, six, or seven of this section shall result in a civil fine not to

exceed fifty dollars.

12. A police officer shall only issue a summons for a violation of

this section by a person less than sixteen years of age to the parent or

guardian of such person if the violation by such person occurs in the

presence of such person's parent or guardian and where such parent or

guardian is eighteen years of age or more. Such summons shall only be

issued to such parent or guardian, and shall not be issued to the person

less than sixteen years of age.