Defines the term electric assisted bicycle

1 Co-sponsor

• Martin Malavé Dilan

Title of bill

An act to amend the vehicle and traffic law, in relation to the definition of electric assisted bicycle

Purpose

This bill clarifies the vehicle and traffic law to define electric assisted bicycles; establish that electric assisted bicycles, as defined, are bicycles, not motor vehicles; and establish safety and operational criteria for their use.

Summary of provisions

Section 1 of the bill adds a new Section 102-c to the vehicle and traffic law, defining electric assisted bicycles as: A bicycle with two or three wheels which has a saddle and fully operative pedals for human propulsion, and also has an electric motor. However, the electric motor should not have a power output of more than one thousand watts, and should be incapable of propelling the device at a speed of more than twenty miles per hour on level ground. The electric motor should also be incapable of further increasing the speed of the device when human power alone is used to propel the device at or more than twenty miles per hour.

Section 2 adds an exception in section 125 of the vehicle and traffic law to the statutory definition of motor vehicle for electric assisted bicycles.

Section 3 adds a new section 1240 to the vehicle and traffic law, making the rules, regulations and provisions of the vehicle and traffic law applicable to bicycles applicable to electric assisted bicycles; makes the federal equipment and manufacturing requirements for bicycles or motor driven cycles applicable to electric assisted bicycles; and adds the following operational and safety requirements for electric assisted bicycles: electric motor disengagement criteria; all operators and passengers are required to wear bicycle helmets; and no one under the age of 16 may operate or as a passenger on an electric assisted bicycle and establishes the civil fine and enforcement procedures for failure to wear a helmet.

Section 4 is the effective date.

Justification

Defining and establishing operational criteria for electric assisted bicycles will clarify for authorities that these vehicles are more akin to bicycles than motorcycles. This will assist in interpreting the application of the appropriate vehicle and traffic laws to operators and passengers of these vehicles.

Legislative history

2008: S.6898 Referred to Transportation

Fiscal implications

None.

Effective date

To take effect immediately.