L.L. 2004/051

Enactment date: 11/23/2004

Int. No. 98-A

By Council Members McMahon, Vallone, Rivera, Gioia, Baez, Avella, Brewer, Comrie, Fidler, Gennaro, Jackson, Martinez, Monserrate, Nelson, Provenzano, Quinn, Reed, Sears, Stewart, Weprin, Liu, Katz, Reyna, Addabbo, Sanders and Gonzalez

A Local Law to amend the administrative code of the city of New York, in relation to the prohibition on the sale, lease, rental or operation of motorized scooters.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council of the City of New York hereby finds that the operation of motorized scooters in the City presents a growing risk to the life and health of scooter operators, motorists, and pedestrians. The United States Consumer Product Safety Commission reported 4,390 emergency room-treated injuries associated with motorized scooters in the year 2000. Thirty-nine percent of those injured were under 15 years of age.

These motorized scooters come in many forms. A recent manifestation of these devices, one that has been proliferating rapidly in the City, is the so-called "pocket-rocket". Pocket-rockets are relatively inexpensive and are easily obtained, but are very dangerous. Many reach speeds of forty miles per hour or greater while not being equipped to protect the rider properly. This became abundantly clear in the recent tragic death of a 19-year old pocket-rocket rider in Queens on July 29, 2004 when the device struck a pothole at an excessive speed.

Scooters were originally designed for human power and low-speed operation. Their motorized counterparts travel up to forty miles per hour and cannot be maneuvered safely at these speeds. Difficulty of control poses risks to operators, pedestrians and vehicular traffic in the streets of the City. The absence of licensing or safety requirements compounds these risks.

The New York State Vehicle and Traffic Law mandates that registration is required for operating motorized vehicles on public streets. The Department of Motor Vehicles has declared that motorized scooters cannot be registered and therefore should not be allowed on public streets. The Council is enacting this local law to eliminate the significant safety risks posed by the increasing use of motorized scooters.

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[Consolidated provisions are not included in this Appendix A]

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§ 4. This local law shall take effect one hundred twenty days after its enactment into law, except that the police commissioner and the commissioners of consumer affairs and parks and recreation shall take such actions as are necessary for its implementation, including the promulgation of rules, prior to such effective date.