[ ] is old law to be omitted. LBD13288-03-6 S. 6260--A 2 driven by a person with a disability, (a-1) electric personal assistive mobility devices operated outside a city with a population of one million or more, (b) vehicles which run only upon rails or tracks, (c) snowmobiles as defined in article forty-seven of this chapter, [and] (d) all terrain vehicles as defined in article forty-eight-B of this chapter, (E) HOVERBOARDS, AND (F) ELECTRIC UNICYCLES. For the purposes of title four of this chapter, the term motor vehicle shall exclude fire and police vehicles other than ambulances. For the purposes of titles four and five of this chapter the term motor vehicles shall exclude farm type tractors and all terrain type vehicles used exclusively for agri- cultural purposes, or for snow plowing, other than for hire, farm equip- ment, including self-propelled machines used exclusively in growing, harvesting or handling farm produce, and self-propelled caterpillar or crawler-type equipment while being operated on the contract site. S 3. The vehicle and traffic law is amended by adding a new article 34-D to read as follows: ARTICLE 34-D ELECTRIC UNICYCLES AND HOVERBOARDS SECTION 1280. ELECTRIC UNICYCLES AND HOVERBOARDS; LOCAL REGULATION. 1281. PROTECTIVE GEAR; PERSONS UNDER EIGHTEEN YEARS OF AGE. 1282. RECKLESS OPERATION PROHIBITED. S 1280. ELECTRIC UNICYCLES AND HOVERBOARDS; LOCAL REGULATION. 1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS SECTION, NO PROVISION OF THIS CHAPTER SHALL BE DEEMED TO PROHIBIT THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE FROM REGULATING THE USE AND OPERA- TION OF ELECTRIC UNICYCLES AND/OR HOVERBOARDS, INCLUDING THE OPERATION THEREOF ON ANY PUBLIC HIGHWAY WHERE THERE IS NO ADJOINING SIDEWALK OR SHOULDER. 2. NO PROVISION OF THIS CHAPTER SHALL BE DEEMED TO PROHIBIT THE USE AND OPERATION OF ELECTRIC UNICYCLES AND HOVERBOARDS IN A PUBLIC PARK. S 1281. PROTECTIVE GEAR; PERSONS UNDER EIGHTEEN YEARS OF AGE. 1. NO PERSON LESS THAN EIGHTEEN YEARS OF AGE SHALL OPERATE AN ELECTRIC UNICY- CLE OR HOVERBOARD UNLESS SUCH PERSON IS WEARING A HELMET, KNEE PADS AND WRIST GUARDS MEETING STANDARDS ESTABLISHED BY THE COMMISSIONER. 2. FOR THE PURPOSES OF THIS SECTION, WEARING A HELMET MEANS HAVING A HELMET OF GOOD FIT FASTENED SECURELY UPON THE HEAD WITH THE HELMET STRAPS. 3. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL PAY A CIVIL FINE NOT TO EXCEED FIFTY DOLLARS. S 1282. RECKLESS OPERATION PROHIBITED. 1. FOR PURPOSES OF THIS SECTION, "RECKLESS OPERATION" MEANS OPERATING AN ELECTRIC UNICYCLE OR HOVERBOARD ON A PUBLIC STREET, HIGHWAY OR SIDEWALK IN SUCH A MANNER AS TO ENDANGER THE SAFETY OR PROPERTY OF ANOTHER. 2. NO PERSON SHALL ENGAGE IN THE RECKLESS OPERATION OF AN ELECTRIC UNICYCLE OR HOVERBOARD. 3. A VIOLATION OF THIS SECTION SHALL BE A TRAFFIC INFRACTION. S 4. Section 1800 of the vehicle and traffic law is amended by adding a new subdivision (e-1) to read as follows: (E-1) EVERY PERSON CONVICTED OF A VIOLATION OF THE PROVISIONS OF SECTION TWELVE HUNDRED EIGHTY-TWO OF THIS CHAPTER SHALL BE PUNISHED BY A FINE OF NOT LESS THAN FIFTY DOLLARS, NOR MORE THAN ONE HUNDRED DOLLARS. S 5. Section 94-a of the executive law is amended by adding a new subdivision 4-a to read as follows: 4-A. ELECTRIC UNICYCLES AND HOVERBOARDS. THE DIVISION SHALL SOLICIT, ACCEPT AND INVESTIGATE COMPLAINTS AND REPORTS OF ANY ELECTRIC UNICYCLE OR HOVERBOARD SOLD IN THIS STATE THAT EXPLODES OR IGNITES IN FLAMES. S. 6260--A 3 AFTER THE INVESTIGATION OF ANY SUCH COMPLAINT OR REPORT THE DIVISION SHALL DETERMINE WHETHER AN EXPLOSION OR IGNITION OCCURRED. IF AN ELEC- TRIC UNICYCLE OR HOVERBOARD IS DETERMINED TO HAVE EXPLODED OR IGNITED IN FLAMES, THE DIVISION SHALL POST THE BRAND, MODEL, MANUFACTURER AND NAME OF THE RETAIL SELLER THEREOF ON ITS PUBLIC INTERNET WEBSITE. THE DIVI- SION SHALL IMPOSE A CIVIL PENALTY OF ONE THOUSAND DOLLARS, UPON EACH MANUFACTURER AND RETAIL SELLER, FOR EACH ELECTRIC UNICYCLE OR HOVERBOARD SOLD IN THIS STATE WHICH IS FOUND TO HAVE EXPLODED OR IGNITED IN FLAMES; PROVIDED, HOWEVER, THAT ANY MANUFACTURER OR RETAIL SELLER WHICH IS DETERMINED TO HAVE SOLD THREE OR MORE ELECTRIC UNICYCLES AND/OR HOVER- BOARDS THAT HAVE EXPLODED OR IGNITED IN FLAMES SHALL BE PROHIBITED FROM SELLING ANY ELECTRIC UNICYCLE OR HOVERBOARD IN THIS STATE. S 6. This act shall take effect on the thirtieth day after it shall have become a law.