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School bus hit my father while he was drving electric sccoter.

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PayrollHRGuy

Senior Member
I don't know what that means exactly, but it is NOT legal to operate such a vehicle on any public roadway in the state. Your father should not have been riding that thing except on private property.
It is legal to use them on the street in NY.

http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:
Article 34C - NY Vehicle and Traffic Law Section 1274

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.
 
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jimnyc

Member
It's actually illegal, as per the DMV.

This may be of interest in NY:

Vehicles that cannot be registered or operated on New York State sidewalks, streets or highways
You cannot register or operate any of the motorized devices from the list below on any street, highway, parking lot, sidewalk or other area in New York State that allows public motor vehicle traffic. You may be arrested if you do.
  • Motorized Scooter - a device with a motor attached and a handlebar for a standing rider. An example of a motorized scooter is the device called the Go-ped®.

  • Mini-bike - a small, motorized device with two wheels and created for off-road use. A mini-bike doesn’t qualify as a moped, a motorcycle or an ATV.

  • Off-road Motorcycle (Dirt Bike) - A motorcycle designed for use on off-road trails or in off-road competitions. Unless exempt, these vehicles must be registered as an ATV. See register an ATV for more information.

  • Go-Kart - a small, motorized device with four wheels, created for off-road use. You can’t register a go-kart as a motor vehicle or ATV because a go-kart doesn’t have the same equipment.

  • Golf Cart (also referred to as Golf Car or Neighborhood Electric Vehicle) - a small motorized device with four wheels designed to carry people. You can’t register a golf cart as an ATV. Many low speed vehicles are similar in appearance to a golf cart, and can be registered and driven on New York State highways. 1

  • Motor-assisted Bicycle - a bicycle to which a small motor is attached. A motor-assisted bicycle doesn’t qualify for a registration as a motorcycle, moped or ATV and doesn’t have the same equipment.
http://escootery.com/index.php/2016/08/04/motorized-devices-that-cant-be-operated-in-new-york-escooters-ebikes/
 

jimnyc

Member
The words I first quoted are DIRECTLY from the NY DMV website, but I linked to the article in which led me to that DMV site. My bad for not using the link to DMV directly since that's the words I quoted from.
 

PayrollHRGuy

Senior Member
The words I first quoted are DIRECTLY from the NY DMV website, but I linked to the article in which led me to that DMV site. My bad for not using the link to DMV directly since that's the words I quoted from.
Then how do you explain the LAW I quited?

The DMV link still does not speak to the type vehicle I believe we are talking about here. In fact, the only vehicle description in that might apply is Motorized Scooter. The example of which they give is this.... Go-Ped.
 

jimnyc

Member
Then how do you explain the LAW I quited?

The DMV link still does not speak to the type vehicle I believe we are talking about here. In fact, the only vehicle description in that might apply is Motorized Scooter. The example of which they give is this.... Go-Ped.
I should have read deeper into the scooter portion. You are 100% correct. My quick reading, wrongly had me read/assume they were speaking of scooters in general. I generally don't offer input into legal issues unless it's something I experienced before and am certain. I wrongfully spoke up here. Won't happen again. My apologies to anyone reading the crud I wrote, as in regards to this thread, I was 100% off base.
 

PayrollHRGuy

Senior Member
My impression from the OP is that it's a moped or similar vehicle. Clarification is needed.

The statute you quoted deals with motorized wheelchairs and the like.
And I'm assuming it was a Rascal Mobility Scooter type of vehicle, which would fall under the statute I quoted based on the OPs phrase, "...he was pushed out by the force."

But you are right the OP needs to clarify.
 

1qaz9106

Member
That was likely a deposition. If so it would mean the case is progressing. From that point there are often negotiations if both parties believe they may be able to come to an agreement. If no negotiations are reasonable it will likely be scheduled to be heard in court.
Finally, during Aug 2019 the at fault party paid around 100,000 without going to court.
 

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