What's happening
This bill legalizes and regulates electric assisted bicycles in New York, requiring registration, licensing, equipment standards, and annual safety training.
Why it matters
Creates a comprehensive regulatory framework for e-bikes. By treating electric assisted bicycles similarly to motorcycles in terms of registration, licensing, and equipment requirements, the bill sets clear, statewide standards, which could reduce confusion, enhance safety, and make enforcement more straightforward.
Mandates insurance and annual safety training. The inclusion of insurance and a required annual safety course for e-bike operators introduces protections for riders, pedestrians, and other road users. This could also impact the cost and accessibility of owning or using an e-bike in New York.
Overrides local regulations for consistency. The bill preempts local laws regarding e-bike operation, ensuring uniform rules across the state. This matters for riders who travel between municipalities, as it eliminates the patchwork of differing local restrictions, but may limit local governments’ ability to address specific community concerns.
Imposes strict equipment and operational standards. Requiring equipment like specific lighting, mirrors, horns, and directional signals—along with operator helmet use and minimum age—positions e-bikes closer to motor vehicles than traditional bicycles. This could increase user safety but may also create barriers for some potential riders, especially those using e-bikes for short commutes or delivery work.
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Who cares
Headline styles
Regulate Electric Bikes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Print number 5286a
- Amend and recommit 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.
Regulate Electric Bicycles
In Assembly Committee · Transportation · Sponsor Felix Ortiz
Full text
8 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5286--A
2017-2018 Regular Sessions
IN SENATE
March 20, 2017
Introduced by Sen. HAMILTON -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to electric assisted bicycles
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. A bicycle with two or three wheels which has a saddle and fully operative pedals for human propulsion and also has an electric motor. The electric assisted bicycle's electric motor shall: have a power output of less than seven hundred fifty watts; have a maximum speed of less than twenty miles per hour on a paved level surface when powered solely by such a motor while ridden by an operator who weighs one hundred seventy pounds; and be incapable of further increasing the speed of the device when human power is used to propel the device at or more than twenty miles per hour.
§ 2. The article heading of article 15 of the vehicle and traffic law is amended to read as follows:
REGISTRATION OF MOTORCYCLES AND ELECTRIC ASSISTED BICYCLES
§ 3. Section 410 of the vehicle and traffic law, as amended by chapter 459 of the laws of 1970, subdivision 3 as amended by chapter 466 of the laws of 2013, subdivision 4 as amended by chapter 137 of the laws of 1989, subdivision 5 as amended by chapter 435 of the laws of 1997, and paragraph a of subdivision 5 as amended by section 4 of part D of chapter 58 of the laws of 2016, is amended to read as follows:
§ 410. Registration of motorcycles and electric assisted bicycles; fees; renewals. 1. Registration by owners. No motorcycles or electric assisted bicycles shall be operated or driven upon the public highways
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10283-03-7
S. 5286--A 2
of this state without first being registered in accordance with the provisions of this article, except as otherwise expressly provided in this chapter.
Every owner of a motorcycle or an electric assisted bicycle which shall be operated or driven upon the public highways of this state shall, except as otherwise expressly provided, cause to be filed, by mail or otherwise, in the office or a branch office of the commissioner, or with an agent of the commissioner, constituted as provided in this chapter, an application for registration, addressed to the commissioner, and on a blank to be prepared under the direction of and furnished by the commissioner for that purpose, containing: (a) A brief description of the motorcycle or electric assisted bicycle to be registered, including the name of the manufacturer and factory number of such vehicle; (b) the name, residence, including county and business address of the owner of such motorcycle or electric assisted bicycle.
2. Registration record. Upon the receipt of a sufficient application for registration, as provided in this article, the commissioner or agent receiving it shall register such motorcycle or electric assisted bicycle, and maintain a record of the registration of such motorcycle or electric assisted bicycle under the distinctive number assigned to such motorcycle or electric assisted bicycle, as provided in this section, and the information in such record may be obtained upon payment of the fees specified in section two hundred two of this chapter.
3. Certificate of registration. a. Upon the filing of such application and the payment of the fee hereinafter provided, the commissioner shall assign to such motorcycle or electric assisted bicycle a distinctive number and, without expense to the applicant, issue and deliver in such manner as the commissioner may select to the owner a certificate of registration, in such form as the commissioner may prescribe, and a number plate at a place within the state of New York named by the applicant in his application. In the event of the loss, mutilation or destruction of any certificate of registration or number plate, the owner of a registered vehicle may file such statement and proof of the facts as the commissioner shall require, with a fee of three dollars, in the office of the commissioner, or, unless and until the commissioner shall otherwise direct, in the office of the agent who issued the certificate or plate and the commissioner or his agent, as the case may be, shall issue a duplicate or substitute. No application for registration shall be accepted unless the applicant is at least sixteen years of age.
b. Upon the issuance of a certificate of registration, the commissioner shall provide the owner of such vehicle with a notice regarding the laws governing unidentifiable motorcycle or electric assisted bicycle parts, in such form and manner as the commissioner may prescribe.
4. Times for registration and reregistration. Registration applied for and certificates issued under any application shall expire on a date determined by the commissioner. Registration shall be renewed periodically in the same manner and upon payment of the same annual fee as provided in this section for registration, to take effect and to expire on dates to be determined by the commissioner. Provided, however, that the commissioner shall have authority to fix the length of time for which any such vehicle which is registered without fee shall be registered. Provided further, however, that renewal of a registration may be used preceding the expiration date of such registration including such expiration date.
S. 5286--A 3
5. Registration fees. a. The annual fee for registration or reregistration of a motorcycle or electric assisted bicycle shall be eleven dollars and fifty cents. Beginning April first, nineteen hundred ninety-eight the annual fee for registration or reregistration of a motorcycle or electric assisted bicycle shall be seventeen dollars and fifty cents, of which two dollars and fifty cents shall be deposited by the comptroller into the special obligation reserve and payment account of the dedicated highway and bridge trust fund established pursuant to section eighty-nine-b of the state finance law for the purposes established in this section.
b. Where a registration is made for a period of more or less than one calendar year, the registration fee shall not be prorated. The provisions hereof with respect to the payment of registration fees shall not apply to motorcycles or electric assisted bicycles owned or controlled by the state, a city, county, village or town or any of the departments thereof, or any school district or county extension service association, but in other respects shall be applicable.
6. Fees in lieu of taxes. The registration fees imposed by this article upon such vehicles shall be in lieu of all taxes, general or local, to which motorcycles or electric assisted bicycles may be subject.
7. "Motorcycle" as used in this section shall mean a motorcycle as defined by section one hundred twenty-three of this chapter.
8. "Electric assisted bicycle" as used in this section shall mean an electric assisted bicycle as defined by section one hundred two-c of this chapter.
§ 4. Section 411 of the vehicle and traffic law is amended to read as follows:
§ 411. Distinctive number; form of number plates. 1. No person shall operate or drive a motorcycle or electric assisted bicycle on the public highways of this state unless such motorcycle or electric assisted bicycle shall have a distinctive number assigned to it by the commissioner and a number plate issued by the commissioner with a number corresponding to that of the certificate of registration conspicuously displayed on the rear of such motorcycle or electric assisted bicycle, securely fastened so as to prevent the same from swinging.
2. Such number plates shall be of such material, form, design and dimensions and contain or set forth such distinguishing number or other identification marks as the commissioner shall prescribe, provided, however, that there shall be at all times a marked contrast between the color of the number plates and that of the numerals or letters thereon, and provided further that no motorcycle or electric assisted bicycles shall display the number plates of more than one state at a time, nor shall any plate be used other than those issued by the commissioner.
3. No person shall operate or drive a motorcycle or electric assisted bicycle upon the public highways of this state having displayed thereon a number plate not proper for such motorcycle or electric assisted bicycle under the provisions of this chapter and, upon conviction for this offense, the number plate shall be surrendered to the court for delivery to the commissioner.
4. No person shall knowingly authorize or permit a number plate issued for a motorcycle or electric assisted bicycle owned and registered by him to be displayed on any motorcycle or electric assisted bicycle other than a motorcycle or electric assisted bicycle to which such number plate has been assigned by the commissioner, or upon which such number plate may legally be displayed under a temporary certificate of
S. 5286--A 4
registration issued by a dealer under the provisions of section four hundred twenty of this chapter.
§ 5. Section 411-a of the vehicle and traffic law, as added by chapter 962 of the laws of 1981, subdivision 1 as amended by section 17 of part G of chapter 59 of the laws of 2009, is amended to read as follows:
§ 411-a. Issuance of special number plates. 1. The commissioner may issue special number plates to applicants therefor in the same manner as other number plates are issued pursuant to this article. Such special number plates shall be issued only upon payment of an annual service charge of eighteen dollars and seventy-five cents in addition to the regular fee prescribed by section four hundred ten of this article. Application for special number plates shall be made in accordance with regulations promulgated by the commissioner with respect to issuance of such number plates. Notwithstanding any inconsistent provision of this section, the difference collected between the service charge set forth in this subdivision in effect on and after September first, two thousand nine and the service charge set forth in this subdivision in effect prior to such date shall be deposited to the credit of the dedicated highway and bridge trust fund.
2. For purposes of this section, a special number plate shall be a plate which contains not more than six letters, numerals or any combination thereof and which is reserved by the commissioner for issuance in accordance with the provisions of this section, or a plate reserved for issuance in a series for motorcycles or electric assisted bicycles owned by public officers, physicians, accredited representatives of the press or other groups. In issuing special number plates the commissioner shall give those applicants who held a special number plate at the time of the enactment of this section the right to retain such special number plate upon the payment of the annual service charge of fifteen dollars. Provided, however, that such right of retention shall apply only to the first renewal of the registration of such special number plate following the enactment of this section.
3. This section shall not apply to any plates in a series reserved in the public interest for purposes of facilitating identification of state and municipal motorcycles or electric assisted bicycles and those owned by members of international governmental organizations or any other vehicles which are exempt from the payment of registration fees, nor to plates or series of plates assigned by the commissioner for issuance by county clerks.
4. Nothing contained in this section shall be construed to require the commissioner to issue a special number plate or plates.
§ 6. The vehicle and traffic law is amended by adding a new article 34-D to read as follows:
ARTICLE 34-D
OPERATION OF ELECTRIC ASSISTED BICYCLES
Section 1280. Traffic laws apply to persons operating electric assisted
bicycles.
1281. Operating electric assisted bicycles.
1282. Operating electric assisted bicycles on roadways laned for
traffic.
1283. Clinging to other vehicles.
1284. Equipment and manufacturing requirements.
1285. Directional signals.
1286. Electric assisted bicycles safety course.
S. 5286--A 5
1287. Leaving the scene of an incident involving an electric
assisted bicycle without reporting.
1288. Insurance.
§ 1280. Traffic laws apply to persons operating electric assisted bicycles. Every person operating an electric assisted bicycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this title, except as to special regulations in this article and except as to those provisions of this title which by their nature can have no application.
§ 1281. Operating electric assisted bicycles. 1. No person less than sixteen years of age shall operate an electric assisted bicycle.
2. No person shall operate an electric assisted bicycle unless such person has a valid New York state driver's license or learner's permit pursuant to section five hundred one of this chapter.
3. No person shall operate an electric assisted bicycle unless such person is wearing a helmet meeting standards established by the commissioner. For the purposes of this subdivision, wearing a helmet means having a helmet of good fit fastened securely on the head of such wearer with the helmet straps securely fastened.
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, in relation to electric assisted bicycles
Purpose or general idea of bill
This legislation will classify electric assisted bicycles in the category of motor vehicle as a measure of public and pedestrian safety. It aims to reduce risks for pedestrians and other motor vehicles.
Summary of specific provisions
Section 1 of the bill amends the vehicle and traffic law section 102-c. It provides formal definition of an electric assisted bicycle.
Read the full memo (1,362 words)
Section 2 of the bill makes addition to the article heading of article 15 of the vehicle and traffic law...and Electric Assisted Bicycles".
Section 3 of the bill amends section 410 of the vehicle and traffic law to include electric assisted bicycles in its registration regulations.
Section 4 of the bill amends section 411 of the vehicle and traffic law to include electric assisted bicycles in distinctive number and form of number plates.
Section 5 of the bill clarifies the insurance of special number plates in section 411-a of the vehicle and traffic law to include electric assisted vehicle.
Section 6 of the bill introduces a new article 34-D to vehicle and traffic law that outlines the operation of electric assisted bicycles. This entails section 1280 to 1287.
1280. Traffic laws apply to persons operating electric assisted bicycles. 1281. Operating electric assisted bicycles. 1282. All electric assisted bicycles are entitled to full use of a lane and no motor vehicle or motorcycle shall be driven in such a manner as to deprive any electric assisted bicycle of the full use of a lane. However, this section shall not be construed to prevent electric assisted bicycles from being operated two abreast in a single lane. The operator of an electric bicycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. No person shall operate an electric bicycle between lanes of traffic or between adjacent lines or rows of vehicles. No person shall operate an electric assisted bicycle on a bicycle or in-line skate lane path or near the right hand curb, edge or shoulder of the roadway. 1283. Clinging to other vehicles. 1284. (a) Every electric assisted bicycle, driven upon the public highways of this state shall be provided with one red to amber stop lamp and shall, whenever such electric assisted bicycle is being operated upon the public highways of the state, display one lighted lamp in front and one on the rear; and in all cases the lamps on an electric assisted bicycle shall include a red light visible from the rear. The rays of such rear lamp shall shine upon the number plate carried on the rear of such electric assisted bicycle in such manner as to render the numerals thereon visible for at least fifty feet in the direction from which the electric assisted bicycle is proceeding. The light of the front lamp or lamps shall be visible at least two hundred feet in the direction in which the electric assisted bicycle is proceeding. (b) Driving an electric assisted bicycle without the display of one lighted lamp in front and one on the rear, during a period other than from one-half hour after sunset to one-half hour before sunrise, shall not be deemed to constitute negligence or contributory negligence in any action or proceeding arising out of the operation of such electric assisted bicycle. (c) No head lamp shall be used upon any electric assisted bicycle operated upon the public highways of the state, unless such lamp is approved by the commissioner or is equipped with a lens or other device approved by the commissioner. Every such head lamp, lens or other device shall be applied and adjusted in accordance with the requirements of the certificate approving use thereof. Every such head lamp shall be firmly and substantially mounted on the electric assisted bicycle in such manner as to allow the lamp to be properly and readily adjusted. Each reflector which is used as a part of such head lamp shall have a polished silver or glass reflecting surface, or a reflecting surface which gives candle power intensity meeting the requirements of the rules and regulations established by the commissioner, and shall be substantially free from dents, rust and other imperfections. The operator of every electric assisted bicycle shall permit any policeman, police officer or other person exercising police powers to inspect the equipment of such motorcycle and make such tests as may be necessary to determine whether the provisions of this section are being complied with. The commissioner may make reasonable rules and regulations relative to lights on motorcycles and the approval of the same which may be necessary to effectuate the foregoing provisions of this section. (d) Only a white or yellow light shall be displayed upon an electric assisted bicycle so as to be visible from a point directly in front of the vehicle. (e) Every electric assisted bicycle shall have at least one adequate red reflector securely attached to the rear. Such reflector may be a part of the rear lamp. No reflector shall be dimmed adequate within the meaning of his subdivision unless it is of a size and type approved by the commissioner, and unless it is so designated, located and maintained to be visible for at least two hundred feet when opposed by a motor vehicle displaying lawful undimmed headlights at night on an unlighted highway. The provisions of this subdivision with respect to reflectors shall be applicable, both day and night, whenever motorcycle is on a public highway. It shall be unlawful to operate on any public highway in this state any electric assisted bicycle registered in this state, unless such electric assisted bicycle is equipped with a rear view mirror which shall be adjusted so that the operator such electric assisted bicycle shall have a clear view of the road and condition of traffic behind such electric assisted bicycle. 1285. Method of giving hand and arm signals by electric assisted bicyclists. 1286. Electric assisted bicycles safety course. 1287. Insurance. The provisions of articles six, seven and eight of this chapter shall be applicable to electric assisted bicycles.
Section 7 of the bill clarifies that the provisions of this act shall invalidate and preempt any such local law, ordinance or code, enacted after June 1, 2017 unless the terms of such law, ordinance or code are identical to the provisions of this act.
Section 8 of the bill makes exception to section 7 of this bill for precluding any state or local agency, which, by permit, license or registration regulating more stringent restrictions than provided in this act for the use of electric assisted bicycles upon such individuals during the course of engaging in the business or professional activity that is the subject of such agency's permit, license or registration.
Section 9 of the bill declares the act's effective date.
Justification
This bill will reduce risks imposed by electric assisted bikes, also known as E-bikes to residents of New York. E-bikes operation is illegal in New York under the current DMV regulations, and they are also illegal to purchase in New York City. However, the use of E-bikes is growing, and stores openly provide them for sale.
Due to the lack of provisions governing a vehicle that is defined as illegal to operate anywhere in New York and the undeniable fact that they are operated by commercial and general operators, there are no effective law that governs E-bikes.
E-bikes are operated on sidewalks, weaving between pedestrians and children in strollers. Additionally, they ignore all traffic protocols. They are also silent, where pedestrians are unaware of their presences until they pass them by.
This imperative public safety concern must be addressed by regulating the E-bikes. The creation of this bill will place NYS DMV registration, insurance policies, licensing, safety helmet, vehicle safety equipment, and passenger regulations to ensure the E-bikes no longer threaten public safety.
Prior legislative history
New
Fiscal implications
To be determined.
Effective date
The act shall take effect on the one hundred eightieth day after it shall have become a law.
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