Relates to the definition of electric assisted bicycle

Section 2 exempts electric assisted bicycles from the limited use motorcycle classification.

Section 3 exempts electric assisted bicycles from the motor vehicle definition.

Section 4 exempts electric assisted bicycles from the vehicle definition

Section 5 adds a new section 1238-a 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 requirement and manufacturing requirements for bicycles; on and after January first, two thousand seventeen manufacturers and distributors of electric assisted bicycles shall apply an information label containing classification number, top assisted speed, and motor wattage of the electric assisted bicycle on a prominent location on each bicycle; requires that persons modifying electric assisted bicycle speeds must appropriately replace the label.

Section 6 prevents authorities of highways, public streets, parks, parkways, driveways from restricting the use of electric assisted bicycles, but permits the city of New York to apply regulations, ordinances or rules, regulating the use of electric assisted bicycles in the city of New York.

Section 7 allows governing boards of municipal corporations to adopt local laws to regulate the use of bicycles on the public highways, streets, avenues, walks, parks and public places within their limits. States that local laws shall not impose any charge, tax or otherwise not provide for the free use of electric assisted bicycles

Section 8 states the effective date.

Justification

In 2002, federal law was amended to distinguish bicycles with low-power batteries capable of reaching speeds of 20 mph or less, from motorcycles, mopeds and motor vehicles. These electric bikes (e-bikes) do not operate unless the rider is pedaling and the battery will shut off when the bike reaches a speed of 20 mph. Many states also updated their laws to classify and regulate e-bikes as if they were regular bicycles. Because New York was not one of the states to make this change, manufacturers and consumers in this fast-growing market are left with a situation where it is legal to buy and sell electric bikes in the state but it is illegal to operate them on public roadways. E-bikes will have a tremendous impact on the tourism economy and health of New Yorkers and it is time for the state to legalize their use.

E-bikes look and operate almost exactly like a regular bicycle and are designed to be as safe as bicycles, but are easier to pedal with assistance from an electric motor that is activated and used while the rider is pedaling. In order for the battery to work the rider must continue to pedal, however, the motor will automatically shut off when the rider reaches 20 mph. Electric bicycles do not compromise consumer safety and in fact since they have grown in popularity there have not been any significant increase in bike collisions, trail user conflicts, safety complaints or litigation. In fact, research shows that the average speed of e-bike users on roadways is 1.8 mph faster than that of regular bicycle users.

E-bikes are increasingly recognized as a way to get more people out of their cars and onto a bicycle as they appeal to people who want to bike but would otherwise not do so because of physical limitations and other personal barriers. They allow current bicyclists to bike more often and travel farther distances, and expand the range of trips where an e-bike can be used instead of a car. Electric bikes use green battery technology and have the potential to become an important addition to New York's growing energy-efficient transportation system. Encouraging bicycle ridership by any means benefits the environment and improves the state's air quality, traffic congestion and quality of life.

Legalizing the use of e-bikes would bring increased business to local bicycle shops and bicycle and accessory manufacturers from both existing bike riders and those who are drawn to e-bikes and would have a positive impact on New York's tourism industry. Bike tours of cities such as Buffalo and Rochester have become immensely popular in recent years and e-bikes would enhance the tourists' experiences. New York is home to thousands of miles of trails from the Hudson Valley to Buffalo and e-bikes would offer another way for New Yorkers of all ages and fitness levels to explore these trails and appreciate the state's beauty. In the United States, the bike industry estimates more than 200,000 e-bikes may be sold in 2015 and this number is set to increase by 10% annually.

Legalizing e-bike use in New York is a benefit to both riders and to the state. Encouraging bicycle use is a safe way to help the environment by limiting congestion, support healthy living, and promote New York's robust and diverse tourism industry. If New York is to move forward as a bicycle-friendly state, public policy makers must legalize e-bikes and reap the benefits of increased ridership.

Prior legislative history

This is a new bill.

Fiscal implications

None

Effective date

Immediately