SCHEDULE A VIDEO CONFERENCE NOW

OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES

NOTICE

All of the information on this website is for "informational purposes only" and is not considered legal guidance or counsel. The information may not be accurate or up-to-date at the time it is being veiwed. You must consult with an attorney for legal guidance in any matter. New York State Vehicle and Traffic Laws. Do not rely on this information for legal guidance.


1270. Effect of regulations. 1. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this article. 2. These regulations applicable to electric personal assistive mobility devices shall apply whenever an electric personal assistive mobility device, pursuant to section twelve hundred seventy-one of this article, is operated upon any highway, upon private roads open to public motor vehicle traffic, upon any designated bicycle or in-line skate lane. Additionally, if the governing body of any county not wholly included within a city, city with a population of less than one million, town or village which authorizes the use of electric personal assistive mobility devices upon any place not specifically authorized by this article, such as sidewalks these regulations shall be applicable thereon. S 1271. Traffic laws apply to persons operating electric personal assistive mobility devices; local laws. 1. Except in cities with a population of one million or more and except as provided by local law, ordinance, order, rule or regulation enacted or promulgated pursuant to subdivision two of this section, an electric personal assistive mobility device 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. Every person operating an electric personal assistive mobility device upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except as to special regulations in this article and except as to those provisions of this title which by their nature can have no application; provided, however, that when the operator of an electric personal assistive mobility device is making a left turn at or crossing an intersection, such operator shall use the designated crosswalk for such purpose. 2. (a) The governing body of any county not wholly included within a city, city with a population of less than one million, town or village may, by local law, ordinance, order, rule or regulation, further regulate the time, place and manner of the operation of electric personal assistive mobility devices including authorizing the use of electric personal assistive mobility devices on sidewalks, and limiting, prohibiting entirely or prohibiting the use thereof in specified areas under the jurisdiction of such county not wholly included within a city, city with a population of less than one million, town or village. (b) The operation of electric personal assistive mobility devices in a city having a population of one million or more is prohibited. S 1272. Operating electric personal assistive mobility devices. 1. No electric personal assistive mobility device shall be used to carry more persons at one time than the number for which such device is designed and equipped. No person operating an electric personal assistive mobility device shall carry any person as a passenger in a pack fastened to the operator or fastened to such device. 2. No person shall operate an electric personal assistive mobility device outside during the period of time between one-half hour after sunset and one-half hour before sunrise unless such person is wearing readily visible reflective clothing or material which is of a light or bright color. 3. No person operating an electric personal assistive mobility device 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. 4. Every person operating an electric personal assistive mobility device shall yield the right of way to pedestrians and motor vehicles. 5. Every operator of an electric personal assistive mobility device shall be sixteen years of age or older. 6. No person shall operate an electric personal assistive mobility device in a state park or historic site. 7. If the governing body of any county not wholly included within a city, city with a population of less than one million, town or village shall authorize the use of electric personal assistive mobility devices upon any sidewalk, such authorization shall not permit the operation thereof at a speed in excess of eight miles per hour. Additionally, if such authorization is granted, no operator of an electric personal assistive mobility device shall overtake a pedestrian on a sidewalk unless there is adequate space for the personal assistive mobility device to pass around the pedestrian and warning is given to such pedestrian through the audible device defined in subdivision two of section twelve hundred seventy-five of this article. 8. A first violation of the provisions of this section shall result in no fine. A second or subsequent violation shall result in a civil fine not to exceed fifty dollars. S 1273. Clinging to vehicles. 1. No person operating an electric personal assistive mobility device shall attach such device, or himself or herself to any vehicle being operated upon a roadway. 2. No vehicle operator shall knowingly permit any person to attach any electric personal assistive mobility device or himself or herself to such operator's vehicle in violation of subdivision one of this section. S 1274. Riding on roadways, shoulders and lanes reserved for non-motorized vehicles and devices. 1. Upon all roadways, any electric personal assistive mobility device shall be operated either on a usable bicycle or in-line skate lane or, if a usable bicycle or in-line skate lane has not been provided, near the right-hand curb or edge of the roadway or upon a usable right-hand shoulder in such a manner as to prevent undue interference with the flow of traffic except when preparing to enter into a crosswalk to turn left at or to cross an intersection or when reasonably necessary to avoid conditions that would make it unsafe to continue along near the right-hand curb or edge of the roadway. Conditions to be taken into consideration include, but are not limited to, fixed or moving objects, vehicles, bicycles, in-line skaters, pedestrians, animals, surface hazards and traffic lanes too narrow for an electric personal assistive mobility device and a vehicle to travel safely side-by-side within the lane. 2. Persons operating electric personal assistive mobility devices upon a roadway shall ride single file. Persons operating electric personal assistive mobility devices upon a shoulder, bicycle or in-line skate lane, or bicycle or in-line skate path, intended for the use of bicycles, electric personal assistive mobility devices or in-line skates may ride two or more abreast if sufficient space is available, except that when passing a vehicle, bicycle, electric personal assistive mobility device, person on in-line skates or pedestrian standing or proceeding along such shoulder, lane or path, persons operating electric personal assistive mobility devices shall operate such devices in single file. 3. Any person operating an electric personal assistive mobility device who is entering the roadway from a private road, driveway, alley or over a curb shall come to a full stop before entering the roadway. S 1275. Lamps and other equipment. 1. Every electric personal assistive mobility device when in use during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with a lamp on the front which shall emit a white light visible during hours of darkness from a distance of at least five hundred feet to the front and with a red light visible to the rear for three hundred feet. At least one of these lights shall be visible for two hundred feet from each side. 2. No person shall operate an electric personal assistive mobility device unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that such device shall not be equipped with nor shall any person use upon such device any siren or whistle. 3. Every electric personal assistive mobility device shall be equipped with a system that enables the operator to bring the device to a controlled stop. S 1276. Operators to wear protective headgear. 1. No person shall ride upon, propel or otherwise operate an electric personal assistive mobility device unless such person is wearing a helmet meeting standards established by the commissioner pursuant to the provisions of subdivision two-a of section twelve hundred thirty-eight of this title. As used in this subdivision, wearing a helmet means having a properly fitting helmet fixed securely on the head of such wearer with the helmet straps securely fastened. 2. Any person who violates the provisions of subdivision one of this section shall pay a civil fine not to exceed fifty dollars. 3. The court shall waive any fine for which a person who violates the provisions of subdivision one of this section would be liable if such person supplies the court with proof that between the date of violation and the appearance date for such violation such person purchased or rented a helmet, which meets the requirements of subdivision one of this section, or if the court finds that due to reasons of economic hardship such person was unable to purchase a helmet or due to such economic hardship such person was unable to obtain a helmet from the statewide in-line skate and bicycle helmet distribution program, as established in section two hundred six of the public health law or a local distribution program. Such waiver of fine shall not apply to a second or subsequent conviction under subdivision one of this section. 4. The failure of any person to comply with the provisions of this section 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. 5. A police officer shall only issue a summons for a violation of subdivision one of this section by a person less than fourteen 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 older. Such summons shall only be issued to such parent or guardian, and shall not be issued to the person less than fourteen years of age. S 1277. Leaving the scene of an incident involving an electric personal assistive mobility device without reporting. 1. (a) Any person eighteen years of age or older operating an electric personal assistive mobility device who, knowing or having cause to know, that physical injury, as defined in subdivision nine of section 10.00 of the penal law, has been caused to another person, due to the operation of such electric personal assistive mobility device by such person shall, before leaving the place where such physical injury occurred, stop and provide his or her name and residence, including street and street number, to the injured party, if practical, and also to a police officer, or in the event that no police officer is in the vicinity of the place of said injury, then such person shall report said incident as soon as physically able to the nearest police station or judicial officer. (b) A violation of paragraph (a) of this subdivision shall be a violation. 2. (a) Any person eighteen years of age or older operating an electric personal assistive mobility device who, knowing or having cause to know, that serious physical injury, as defined in subdivision ten of section 10.00 of the penal law, has been caused to another person, due to the operation of such electric personal assistive mobility device by such person shall, before leaving the place where such serious physical injury occurred, stop and provide his or her name and residence, including street and street number, to the injured party, if practical, and also to a police officer, or in the event that no police officer is in the vicinity of the place of said injury, then such person shall report said incident as soon as physically able to the nearest police station or judicial officer. (b) A violation of paragraph (a) of this subdivision shall be a class B misdemeanor.