What's happening
This bill defines electric assisted bicycles, sets equipment and safety standards, and exempts them from certain motor vehicle regulations in New York.
Why it matters
Clarifies legal status and rules for e-bikes. By defining "electric assisted bicycles" and distinguishing them from other motor vehicles, the bill clarifies where and how e-bikes can be used, reducing confusion among riders, law enforcement, and municipalities.
Implements safety and labeling standards. The bill mandates compliance with federal safety standards (from the U.S. Consumer Product Safety Commission) and requires clear labeling of e-bike class, speed, and power, helping consumers and authorities easily identify compliant e-bikes.
Protects rider rights and limits local restrictions. It ensures that e-bike riders have the same rights to road and pathway access as regular cyclists and prevents local governments from imposing extra fees or banning e-bikes from public spaces (except in specific cases), promoting broader transportation access.
Exempts e-bikes from certain vehicle regulations. By explicitly excluding electric-assisted bicycles from the state’s definitions of “motor vehicle,” “vehicle,” and “limited use motorcycle,” the bill means e-bike users are not subject to licensing, registration, or insurance requirements, lowering barriers to use and supporting alternative, low-emission transportation options.
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Define Electric Bikes Clearly
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Define E-Bike in Law
In Assembly Committee · Transportation · Sponsor Matthew Titone
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2282
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, the highway law and the general municipal law, in relation to the definition of electric assisted bicycle
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
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.
LBD07107-01-7
S. 2282 2
§ 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
S. 2282 3
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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, the highway law and the general municipal law, in relation to the definition of electric assisted bicycle
Purpose or general idea of bill
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 operation criteria for their use.
Summary of specific provisions
Section 1 of the bill adds a new Section 102-c to the vehicle and traffic law and electric assisted bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than seven hundred fifty watts. The electric motor shall provide assistance only when the rider is pedaling and shall cease to provide assistance when the bicycle reaches the speed of twenty miles per hour. Such bicycle shall be defined as a class one electric assisted bicycle or a low-speed pedal assisted electric bicycle.
Read the full memo (994 words)
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
2016 - S.6786
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.