Define E-Bike in Law

Section 1. The vehicle and traffic law is amended by adding a new section 102-c to read as follows:

§ 102-c. Electric assisted bicycle. An "electric assisted bicycle" shall mean a bicycle equipped with fully operable pedals and an electric motor of less than seven hundred fifty watts. An electric assisted bicycle with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour, is a class one electric assisted bicycle or a low-speed pedal-assisted electric bicycle.

§ 2. Section 121-b of the vehicle and traffic law, as amended by chapter 160 of the laws of 1981, is amended to read as follows:

§ 121-b. Limited use motorcycle. A limited use vehicle having only two or three wheels, with a seat or saddle for the operator, except electric assisted bicycles as defined in section one hundred two-c of this article. A limited use motorcycle having a maximum performance speed, of more than thirty miles per hour but not more than forty miles per hour shall be a class A limited use motorcycle. A limited use motorcycle having a maximum performance speed of more than twenty miles per hour but not more than thirty miles per hour, shall be a class B limited use motorcycle. A limited use motorcycle having a maximum performance speed of not more than twenty miles per hour shall be a class C limited use motorcycle.

§ 3. Section 125 of the vehicle and traffic law, as amended by chapter 365 of the laws of 2008, is amended to read as follows:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

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§ 125. Motor vehicles. Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except (a) electrically-driven mobility assistance devices operated or 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, and (e) electric assisted bicycles as defined in section one hundred two-c of this article. 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 agricultural purposes, or for snow plowing, other than for hire, farm equipment, 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.

§ 4. Section 159 of the vehicle and traffic law is amended to read as follows:

§ 159. Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks, and electric assisted bicycles as defined in section one hundred two-c of this article.

§ 5. The vehicle and traffic law is amended by adding a new section 1238-a to read as follows:

§ 1238-a. Additional provisions applicable to electric assisted bicycles, operators and passengers. 1. An electric assisted bicycle, as defined in section one hundred two-c of this chapter, or the operator of an electric assisted bicycle, shall comply with all of the rules, regulations and provisions applicable to a bicycle or the operator of a bicycle contained in this chapter. In addition, an electric assisted bicycle is subject to the following requirements:

(a) Every manufacturer of an electric assisted bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States consumer product safety commission (16 C.F.R. 1512.1, et seq.).

(b) An electric assisted bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released, will cause the electric motor to disengage or cease to function.

(c) On and after January first, two thousand eighteen, manufacturers and distributors of electric assisted bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric assisted bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric assisted bicycle, and shall be printed in arial font in at least nine-point type.

(d) A person shall not tamper with or modify an electric assisted bicycle so as to change the speed capability of the electric assisted bicycle, unless he or she appropriately replaces the label indicating the classification required in paragraph (c) of subdivision one of this section.

2. The failure of any person to comply with the provisions of this section shall not constitute contributory negligence or assumption of

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risk, and shall not in any way bar, preclude or foreclose an action for personal injury or wrongful death by or on behalf of such person, nor in any way diminish or reduce the damages recoverable in any such action.

§ 6. Section 316 of the highway law, as amended by chapter 655 of the laws of 1978, is amended to read as follows:

§ 316. Entitled to free use of highways. The authorities having charge or control of any highway, public street, park, parkway, driveway, or place, shall have no power or authority to pass, enforce or maintain any ordinance, rule or regulation by which any person using a bicycle, electric assisted bicycle or tricycle shall be excluded or prohibited from the free use of any highway, public street, avenue, roadway, driveway, parkway, park, or place, at any time when the same is open to the free use of persons having and using other pleasure carriages, except upon such driveway, speedway or road as has been or may be expressly set apart by law for the exclusive use of horses and light carriages. But nothing herein shall prevent the passage, enforcement or maintenance of any regulation, ordinance or rule, regulating the use of bicycles, electric assisted bicycles or tricycles in highways, public streets, driveways, parks, parkways, and places, or the regulation of the speed of carriages, vehicles or engines, in public parks and upon parkways and driveways in the city of New York, under the exclusive jurisdiction and control of the department of parks and recreation of said city, nor prevent any such authorities in any other city from regulating the speed of any vehicles herein described in such manner as to limit and determine the proper rate of speed with which such vehicle may be propelled nor in such manner as to require, direct or prohibit the use of bells, lamps and other appurtenances nor to prohibit the use of any vehicle upon that part of the highway, street, park, or parkway, commonly known as the footpath or sidewalk.

§ 7. Section 180 of the general municipal law, as amended by chapter 668 of the laws of 2004, is amended to read as follows:

§ 180. Ordinances to regulate use of bicycles. The governing boards of municipal corporations as defined in section two of this chapter, may adopt local laws to regulate the use of bicycles on the public highways, streets, avenues, walks, parks and public places within their limits. Such local laws shall be supplemental and in addition to the provisions of the vehicle and traffic law relating to vehicles and not in conflict therewith. Provided further that such local laws shall not impose any charge, tax or otherwise not provide for the free use of bicycles, electric assisted bicycles and tricycles.

§ 8. This act shall take effect immediately.