Define and Regulate E-Bikes

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 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.

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

[ ] is old law to be omitted.

LBD05810-01-9

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§ 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:

§ 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.

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(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 twenty-one, 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, 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

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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.

(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

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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.