BILL NUMBER: S8910
SPONSOR: BORRELLO
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to increasing
penalties for reckless operation and unauthorized modification of elec-
tric personal mobility devices
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill increases penalties for reckless operation and unauthorized
modification of electric personal mobility devices.
 
SUMMARY OF PROVISIONS:
Section 1: Adds a new section 114-f. Which adds the definition of an
electric skateboard to the vehicle and traffic law.
Section 2: Adds a new section 1809-f. Defines "Electric personal mobili-
ty device" and "Reckless operation." The section further explains the
penalties associated with reckless operation.
First offense- Fine of up to $250.00 and the completion of a safety
education course by the offender.
Second offense- Committed within two years of the first offense will
result in a fine of up to $500.00 and may result in temporary confis-
cation of the electric personal mobility device used for a period of up
to thirty days. Third offense- Fine of up to $1000.00, permanent confis-
cation of the electric personal mobility device used and potential
misdemeanor charges if injury or property damage results from such reck-
less operation.
Any individual who has been found to have illegally modified an electric
personal mobility device shall be subject to a fine of up to $750.00,
immediate confiscation of such electric personal mobility device, and
civil liability for any resulting harm. Such confiscated device may be
retrieved only after all fines are paid, any civil liability is
resolved, and the individual provides written documentation from a
certified mechanic confirming that the device is scheduled for repair on
a specific date and that the illegal modification will be removed. Fail-
ure to do so will result in an additional fine of up to $1000.00, perma-
nent confiscation of the device, and a charge of reckless endangerment
in the second degree which is a class A misdemeanor.
Local law enforcement and traffic officers shall be authorized to issue
citations and confiscate devices as necessary in accordance with this
section of law.
The department of transportation shall develop and distribute public
education materials on the safe and lawful operation of electric
personal mobility devices. The department must also collaborate with
local government and law enforcement to ensure consistent messaging and
community outreach.
Section 3: This act shall take effect on the thirteenth day after it
shall have become a law.
 
JUSTIFICATION:
The rapid growth in the use of electric personal mobility devices,
including electric bicycles, electric scooters, hoverboards, and elec-
tric skateboards, has significantly changed transportation patterns
across New York State. While these devices offer affordable and conven-
ient mobility options, the Vehicle and Traffic Laws of New York State
have not kept pace with emerging technologies, leaving gaps in defi-
nitions, enforcement authority, and penalties for unsafe conduct.
This legislation addresses those gaps by formally defining "electric
skateboard" in statute and by establishing clear, graduated penalties
for the reckless operation and illegal modification of electric personal
mobility devices. At present, inconsistent definitions and limited
enforcement tools make it difficult for law enforcement to respond
effectively to dangerous behavior, particularly in pedestrian-heavy
areas, school zones, and on sidewalks where these devices are frequently
misused.
Reckless operation, such as riding on sidewalks at high speeds, ignoring
traffic control devices, traveling against traffic, or operating in a
manner that endangers pedestrians, has led to a growing number of inju-
ries, near-misses, and property damage incidents across the state. In
addition, unauthorized modifications that override manufacturer speed
limits or bypass safety features further increase the risk of serious
harm by allowing devices to operate beyond their intended and safe
design specifications.
The legislation establishes stricter penalties that escalate for repeat
offenses, emphasizing education and deterrence while providing law
enforcement with meaningful tools, including temporary or permanent
confiscation when warranted. It also creates specific consequences for
illegal modifications, recognizing that altered devices pose heightened
dangers not only to operators but to the public at large.
Finally, the bill directs the Department of Transportation to develop
and distribute comprehensive public education materials to ensure that
operators understand where and how electric personal mobility devices
may be lawfully used, applicable speed limits, helmet and age require-
ments, and the serious consequences of reckless behavior or illegal
modifications. This education component is essential to promoting
compliance, improving safety, and ensuring consistent messaging state-
wide.
By clarifying definitions, strengthening enforcement mechanisms, and
prioritizing public education, this legislation seeks to balance the
benefits of electric personal mobility devices with the need to protect
pedestrians, motorists, and riders, thereby promoting safer streets
throughout New York State.
 
PRIOR LEGISLATIVE HISTORY:
2025: New Bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the thirteenth day after it shall have
become a law.