Defines the term electric assisted bicycle

1 Co-sponsor

• Tom Libous

BILL NUMBER:S1357B

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; establishes that electric assisted bicycles, as defined, are bicycles; and establishes safety and operational criteria for their use.

Summary of provisions

Section 1 of the bill adds a new subparagraph to Section 102 of 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 shall not have a power output of more than 750 watts, and is incapable of propelling the device at a speed greater 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 a new section 1238-a to the vehicle and traffic law, extending the rules, regulations and provisions of the vehicle and traffic law governing standard bicycles 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; operators under the age of 18 must wear helmets; and no one under the age of 16 may operate an electric assisted bicycle and establishes the civil fine and enforcement procedures for failure to wear a helmet.

Section 3 amends section 125 of the vehicle and traffic law to exempt electric assisted bicycles from what is classified as a motor vehicle.

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

2009-10: Similar legislation - S.4014/A.2393

Fiscal implications

None.

Effective date

To take effect ninety days after it shall become law.