Regulate Electric 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 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 2 of part UU of chapter 59 of the laws of 2018, 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 of this state without first being registered in accordance with the

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

[ ] is old law to be omitted.

LBD10264-01-9

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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.

5. Registration fees. a. The annual fee for registration or reregistration of a motorcycle or electric assisted bicycle shall be eleven

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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.

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 registration issued by a dealer under the provisions of section four hundred twenty of this [chapter] title.

§ 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

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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.

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

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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.

4. A person operating an electric assisted bicycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person on an electric assisted bicycle.