What's happening
This bill legalizes and regulates electric assisted bicycles in New York, setting safety standards, labeling requirements, and traffic rules for their use.
Why it matters
Defines and distinguishes electric assisted bicycles from other vehicles. , setting clear technical standards (e.g., max motor output, when the motor can engage/disengage, and top speed), which impacts what types of e-bikes are legal and where they can be used.
Creates specific safety, equipment, and labeling requirements. (such as visible speed/wattage labels, mandatory lights, bells, brakes that disengage the motor, and manufacturer certification to federal safety standards), aiming to ensure users and others on the road are protected and informed.
Clarifies traffic rules and legal responsibilities for e-bike users. , including helmet requirements for minors, rules for riding on roads and bike lanes, and specific prohibitions against tampering with e-bikes to increase speed or power, which helps prevent misuse and enhances public safety.
Empowers local governments to regulate (but not ban) e-bike use. , while guaranteeing free access to public roads and spaces (with some exceptions), thereby balancing local authority with statewide consistency and supporting broader mobility options for residents.
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Who cares
Headline styles
Legalize Electric Bicycles
Plain English, a few words. Used as the page title.
Sponsors
History
- Committed to rules
- Amended on third reading 6029c
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1298
- Print number 6029b
- Amend and recommit to transportation
- Referred to transportation
- Returned to senate
- Died in assembly
- Referred to transportation
- Delivered to assembly
Show 6 earlier actions
- Passed senateVote 56–6
- Ordered to third reading cal.2216
- Committee discharged and committed to rules
- Print number 6029a
- Amend (t) 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.
Legalize Electric Bicycles
In Assembly Committee · Transportation · Sponsor N. Nick Perry
Full text
9 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6029--C Cal. No. 1298
2017-2018 Regular Sessions
IN SENATE
May 10, 2017
Introduced by Sens. O'MARA, DILAN, MARCHIONE, RANZENHOFER, SEPULVEDA, TEDISCO -- 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… Show allHide
Introduced by Sens. O'MARA, DILAN, MARCHIONE, RANZENHOFER, SEPULVEDA, TEDISCO -- 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 -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the vehicle and traffic law, the highway law and the general municipal law, in relation to the regulation of 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 equipped with fully operable pedals and an electric motor with an output of less than seven hundred fifty watts (one horsepower) whereby such electric motor engages only when the operator is pedaling and disengages or ceases to function when such bicycle's brakes are applied, the operator stops pedaling, or such bicycle achieves a speed of twenty miles per hour or more.
§ 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11510-08-8
S. 6029--C 2
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:
§ 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. Section 1230 of the vehicle and traffic law, subdivision (b) as amended by chapter 694 of the laws of 1995, is amended to read as follows:
§ 1230. Effect of regulations. (a) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this article.
(b) These regulations applicable to bicycles, electric assisted bicycles, or to in-line skates shall apply whenever a bicycle or electric assisted bicycle is, or in-line skates are, operated upon any highway, upon private roads open to public motor vehicle traffic and upon any path set aside for the exclusive use of bicycles, electric assisted bicycles, or in-line skates, or [both] all.
§ 6. Section 1231 of the vehicle and traffic law, as amended by chapter 694 of the laws of 1995, is amended to read as follows:
§ 1231. Traffic laws apply to persons riding bicycles or electric assisted bicycles or skating or gliding on in-line skates. Every person riding a bicycle or electric assisted bicycle or skating or gliding on in-line skates upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by 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.
§ 7. Section 1232 of the vehicle and traffic law is amended to read as follows:
S. 6029--C 3
§ 1232. Riding on bicycles and electric assisted bicycles. (a) A person propelling a bicycle or electric assisted bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto, nor shall he ride with his feet removed from the pedals.
(b) No bicycle or electric assisted bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
§ 8. The vehicle and traffic law is amended by adding a new section 1232-a to read as follows:
§ 1232-a. Additional requirements for operating an electric assisted bicycle. (a) No person shall operate or park an electric assisted bicycle on any public highway or street in this state unless a legible label is permanently affixed by the bicycle or pedal assisted motor manufacturer, in a prominent location, on such person's electric assisted bicycle. Such label shall contain the maximum speed, and motor wattage of the electric assisted bicycle, and shall be printed in arial font in at least nine-point type. On and after January first, two thousand nineteen, 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 top assisted speed, and motor wattage of electric assisted bicycle, and shall be printed in arial font in at least nine-point type.
(b) No person shall permit any label required by subdivision (a) of this section to be affixed to an electric assisted bicycle to become illegible.
(c) No person or entity shall park or otherwise make available any electric assisted bicycle for use or operation by another on any public highway or street in the state unless a legible label is permanently affixed in a manner which meets the requirements of paragraph (a) of this section.
(d) The court shall waive any fine for which a person who violates the provisions of paragraph (a) of this section is liable if such person supplies the court with (1) proof that between the date of violation and the appearance date for such violation, such label was repaired or replaced in a manner which meets the requirements of paragraph (a) of this section; or (2) proof that such electric assisted bicycle had been operated in violation of this section within the duration of a short term lease or other agreement.
(e) Every manufacturer of an electric assisted bicycle shall certify, at a minimum, 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.).
§ 9. Subdivision 1 of section 1233 of the vehicle and traffic law, as amended by chapter 703 of the laws of 2004, is amended to read as follows:
1. No person riding upon any bicycle, electric assisted bicycle, coaster, in-line skates, roller skates, skate board, sled, or toy vehicle shall attach the same or himself or herself to any vehicle being operated upon a roadway.
§ 10. Section 1234 of the vehicle and traffic law, as amended by chapter 16 of the laws of 1996, is amended to read as follows:
§ 1234. Riding on roadways, shoulders, bicycle, electric assisted bicycle or in-line skate lanes and bicycle or in-line skate paths. (a) Upon all roadways, any bicycle, electric assisted bicycle or in-line skate shall be driven either on a usable bicycle or in-line skate lane or, if a usable bicycle or in-line skate lane has not been provided,
S. 6029--C 4
near the right-hand curb or edge of the roadway or upon a usable righthand shoulder in such a manner as to prevent undue interference with the flow of traffic except when preparing for a left turn or when reasonably necessary to avoid conditions that would make it unsafe to continue along near the right-hand curb or edge. Conditions to be taken into consideration include, but are not limited to, fixed or moving objects, vehicles, bicycles, electric assisted bicycles, in-line skates, pedestrians, animals, surface hazards or traffic lanes too narrow for a bicycle, or electric assisted bicycle or person on in-line skates and a vehicle to travel safely side-by-side within the lane.
(b) Persons riding bicycles or electric assisted bicycles or skating or gliding on in-line skates upon a roadway shall not ride more than two abreast. Persons riding bicycles or electric assisted bicycles or skating or gliding on in-line skates upon a shoulder, bicycle or in-line skate lane, or bicycle or in-line skates path, intended for the use of bicycles or in-line skates may ride two or more abreast if sufficient space is available, except that when passing a vehicle, bicycle, electric assisted bicycle or person on in-line skates, or pedestrian, standing or proceeding along such shoulder, lane or path, persons riding bicycles or electric assisted bicycles or skating or gliding on in-line skates shall ride, skate, or glide single file. Persons riding bicycles or electric assisted bicycles or skating or gliding on in-line skates upon a roadway shall ride, skate, or glide single file when being overtaken by a vehicle.
(c) Any person operating a bicycle or electric assisted bicycle or skating or gliding on in-line skates who is entering the roadway from a private road, driveway, alley or over a curb shall come to a full stop before entering the roadway.
§ 11. Section 1235 of the vehicle and traffic law, as amended by chapter 703 of the laws of 2004, is amended to read as follows:
§ 1235. Carrying articles. No person operating a bicycle or electric assisted bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handle bars. No person skating or gliding on in-line skates shall carry any package, bundle, or article which obstructs his or her vision in any direction. No person operating a skate board shall carry any package, bundle, or article which obstructs his or her vision in any direction.
§ 12. Section 1236 of the vehicle and traffic law, subdivision (a) as amended by chapter 16 of the laws of 2009 and subdivisions (d) and (e) as added by chapter 887 of the laws of 1976, is amended to read as follows:
§ 1236. Lamps and other equipment on bicycles and electric assisted bicycles. (a) Every bicycle or electric assisted bicycle when in use during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with a lamp on the front which shall emit a white light visible during hours of darkness from a distance of at least five hundred feet to the front and with a red or amber light visible to the rear for three hundred feet. Effective July first, nineteen hundred seventy-six, at least one of these lights shall be visible for two hundred feet from each side.
(b) No person shall operate a bicycle or electric assisted bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle or electric assisted bicycle shall not be equipped with nor shall any person use upon a bicycle or electric assisted bicycle any siren or whistle.
S. 6029--C 5
(c) Every bicycle or electric assisted bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement, provided, however, such brake of an electric assisted bicycle shall also operate in a manner so that the electric motor is disengaged or ceases to function when the brake is applied.
(d) Every new bicycle or electric assisted bicycle shall be equipped with reflective tires or, alternately, a reflex reflector mounted on the spokes of each wheel, said tires and reflectors to be of types approved by the commissioner. The reflex reflector mounted on the front wheel shall be colorless or amber, and the reflex reflector mounted on the rear wheel shall be colorless or red.
(e) Every bicycle or electric assisted bicycle when in use during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with reflective devices or material meeting the standards established by rules and regulations promulgated by the commissioner; provided, however, that such standards shall not be inconsistent with or otherwise conflict with the requirements of subdivisions (a) and (d) of this section.
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 high- way law and the general municipal law, in relation to the regulation of electric assisted bicycles
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 provisions
Section 1 of the bill adds a new Section 102-c to the vehicle and traf- fic law and defines electric assisted bicycle.
Read the full memo (827 words)
Section 2 exempts electric assisted bicycles from the limited use motor- cycle classification.
Section 3 exempts electric assisted bicycles from the motor vehicle definition.
Section 4 exempts electric assisted bicycles from the vehicle defi- nition.
Section 5 amends section 1230 of the vehicle and traffic law to include electric assisted bicycles.
Section 6 amends section 1231 of the vehicle and traffic law to include electric assisted bicycles.
Section 7 amends section 1232 of the vehicle and traffic law to include electric assisted bicycles.
Section 8 adds section 1232-a to the vehicle and traffic law which creates additional requirements to ride an electric assisted bicycle.
Section 9 amends section 1233 of the vehicle and traffic law to include electric assisted bicycles.
Section 10 amends section 1234 of the vehicle and traffic law to include electric assisted bicycles.
Section 11 amends section 1235 of the vehicle and traffic law to include electric assisted bicycles.
Section 12 amends section 1236 of the vehicle and traffic law to include electric assisted bicycles.
Section 13 amends section 1238 of the vehicle and traffic law to include electric assisted bicycles.
Section 14 amends section 1240 of the vehicle and traffic law to include electric assisted bicycles.
Section 15 amends section 1241 of the vehicle and traffic law to include electric assisted bicycles.
Section 16 adds section 1242 to the vehicle and traffic law to create a violation for tampering with an electric assisted bicycle.
Section 17 amends section 316 of the highway law to include electric assisted bicycles.
Section 18 amends the general municipal law to allow governing boards of municipal corporations to adopt local laws to regulate the use of bicy- cles 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 19 provides the effective date.
Justification
This legislation clarifies the legal status of electric assisted bicy- cles, commonly referred to as pedal assist bikes or e-bikes. Since 2002, the federal government has recognized electric bikes as consumer products and not as motorized vehicles. Since then, sales of e-bikes have steadily increased throughout the United States. In fact, over 250,000 e-bikes were sold in 2015.
Electric assisted bicycles look and work almost exactly like a "regular" bicycle, but are easier to operate with assistance from an electric motor that is activated while the rider is pedaling. The battery, which assists a rider, automatically shuts off when the rider stops pedaling and/or reaches 10 mph. Electric bicycles do not compromise consumer safety. 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.
Currently, New York State's Vehicle and Traffic Laws do not address the legal status of electric assisted bicycles. This has led to much confusion throughout New York. For instance, the New York State Depart- ment of Motor Vehicles (DMV) do not recognize electric assisted bicycles as motorized vehicles, and as such, has declined to require owners of pedal assist bicycles to register with the DMV.(1) Similarly, in NYC, electric assisted bicycles cannot be construed as anything else but bicycles. Under the Administrative Code, the definition of a bicycle used for commercial use includes "any motor-assisted device that is not capable of being registered by the New York state department of motor vehicles"(2). And while such language is absent from the definition of bicycle in section 19-176, which prohibits the operation of bicycles on sidewalks, section 19-176.2, which prohibits motorized scooters from being operated in the City, excludes electric assisted bicycles in its definition by limiting such scooters to those only "capable of propel- ling ... without human power."
Clarifying the legality of opting electric assisted bicycles would bring increased business to local bicycle shops and bicycle manufacturers in New York. In fact, 1 in 5 bikes sold in Germany and 1 and 3 sold bikes in the Netherlands, are electric bicycles. Comparatively, in the United States, 1 of every 100 bicycles are electric bicycles. This should change with the legalization of electric bicycles in states like Cali- fornia, Colorado, Tennessee, and Utah.
Prior legislative history
This is a new bill.
Fiscal implications for state and local governments
None
Effective date
180 days after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.