S T A T E O F N E W Y O R K ________________________________________________________________________ 390 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. DILAN -- 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, in relation to the defi- nition of electric assisted bicycle THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 102 of the vehicle and traffic law, as amended by 2 chapter 931 of the laws of 1977, is amended to read as follows: 3 S 102. Bicycle. 1. Every two or three wheeled device upon which a 4 person or persons may ride, propelled by human power through a belt, a 5 chain or gears, with such wheels in a tandem or tricycle, except that it 6 shall not include such a device having solid tires and intended for use 7 only on a sidewalk by pre-teenage children. 8 2. AN ELECTRIC ASSISTED DEVICE WITH TWO OR THREE WHEELS WHICH HAS A 9 SADDLE AND FULLY OPERATIVE PEDALS FOR HUMAN PROPULSION AND ALSO HAS AN 10 ELECTRIC MOTOR. THE ELECTRIC ASSISTED BICYCLE'S ELECTRIC MOTOR SHALL: 11 HAVE A POWER OUTPUT OF NOT MORE THAN SEVEN HUNDRED FIFTY WATTS; BE INCA- 12 PABLE OF PROPELLING THE DEVICE AT A SPEED OF MORE THAN TWENTY MILES PER 13 HOUR ON LEVEL GROUND; AND BE INCAPABLE OF FURTHER INCREASING THE SPEED 14 OF THE DEVICE WHEN HUMAN POWER IS USED TO PROPEL THE DEVICE AT OR MORE 15 THAN TWENTY MILES PER HOUR. 16 S 2. The vehicle and traffic law is amended by adding a new section 17 1238-a to read as follows: 18 S 1238-A. ADDITIONAL PROVISIONS APPLICABLE TO ELECTRIC ASSISTED BICY- 19 CLES, OPERATORS AND PASSENGERS. 1. IN ADDITION TO COMPLYING WITH ALL OF 20 THE RULES, REGULATIONS AND PROVISIONS APPLICABLE TO BICYCLES CONTAINED 21 IN THIS ARTICLE, AN ELECTRIC ASSISTED BICYCLE AS DEFINED IN SECTION ONE 22 HUNDRED TWO OF THIS CHAPTER SHALL COMPLY WITH THE FOLLOWING REQUIRE- 23 MENTS: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00592-01-3 S. 390 2 1 (A) MEET THE EQUIPMENT AND MANUFACTURING REQUIREMENTS FOR BICYCLES 2 ADOPTED BY THE CONSUMER PRODUCT SAFETY COMMISSION (16 C.F.R. 1512.1, ET 3 SEQ.) OR THE REQUIREMENTS ADOPTED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY 4 ADMINISTRATION (49 C.F.R. 571.1, ET SEQ.) IN ACCORDANCE WITH THE 5 NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY ACT OF 1966 (15 U.S.C. SEC. 6 1381, ET SEQ.) FOR MOTOR DRIVEN CYCLES; AND 7 (B) OPERATE IN A MANNER SO THAT THE ELECTRIC MOTOR IS DISENGAGED OR 8 CEASES TO FUNCTION WHEN THE BRAKES ARE APPLIED, OR OPERATE IN A MANNER 9 SUCH THAT THE MOTOR IS ENGAGED THROUGH A SWITCH OR MECHANISM THAT, WHEN 10 RELEASED, WILL CAUSE THE ELECTRIC MOTOR TO DISENGAGE OR CEASE TO FUNC- 11 TION. 12 2. NO PERSON LESS THAN SIXTEEN YEARS OF AGE SHALL OPERATE AN ELECTRIC 13 ASSISTED BICYCLE, AND NO LAWFUL OPERATOR SHALL ALLOW ANY PERSON LESS 14 THAN SIXTEEN YEARS OF AGE TO OPERATE SUCH BICYCLE HE OR SHE IS OPERATING 15 OR RIDING. 16 3. A LAWFUL OPERATOR UNDER EIGHTEEN YEARS OF AGE SHALL NOT OPERATE AN 17 ELECTRIC ASSISTED BICYCLE UNLESS HE OR SHE IS WEARING A HELMET MEETING 18 STANDARDS ESTABLISHED BY THE COMMISSIONER. FOR THE PURPOSES OF THIS 19 SUBDIVISION, WEARING A HELMET MEANS HAVING A HELMET OF GOOD FIT FASTENED 20 SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET STRAPS SECURELY 21 FASTENED. 22 4. (A) ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION TWO OR 23 THREE OF THIS SECTION SHALL PAY A CIVIL FINE NOT TO EXCEED FIFTY 24 DOLLARS. 25 (B) THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE 26 PROVISIONS OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE IF SUCH 27 PERSON SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION 28 AND THE APPEARANCE DATE FOR SUCH VIOLATION SUCH PERSON PURCHASED OR 29 RENTED A HELMET. 30 (C) THE COURT MAY WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE 31 PROVISIONS OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE IF THE 32 COURT FINDS THAT DUE TO REASONS OF ECONOMIC HARDSHIP SUCH PERSON WAS 33 UNABLE TO PURCHASE A HELMET OR DUE TO SUCH ECONOMIC HARDSHIP SUCH PERSON 34 WAS UNABLE TO OBTAIN A HELMET FROM A STATEWIDE OR LOCAL HELMET DISTRIB- 35 UTION PROGRAM. 36 5. THE FAILURE OF ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS 37 SECTION SHALL NOT IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION FOR 38 PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN 39 ANY WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION. 40 6. A POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF 41 SUBDIVISION TWO OR THREE OF THIS SECTION BY A PERSON LESS THAN SIXTEEN 42 YEARS OF AGE TO THE PARENT OR GUARDIAN OF SUCH PERSON IF THE VIOLATION 43 BY SUCH PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S PARENT OR GUARDI- 44 AN AND WHERE SUCH PARENT OR GUARDIAN IS SIXTEEN YEARS OF AGE OR MORE. 45 SUCH SUMMONS SHALL ONLY BE ISSUED TO SUCH PARENT OR GUARDIAN, AND SHALL 46 NOT BE ISSUED TO THE PERSON LESS THAN SIXTEEN YEARS OF AGE. 47 S 3. Section 125 of the vehicle and traffic law, as amended by chap- 48 ter 365 of the laws of 2008, is amended to read as follows: 49 S 125. Motor vehicles. Every vehicle operated or driven upon a public 50 highway which is propelled by any power other than muscular power, 51 except (a) electrically-driven mobility assistance devices operated or 52 driven by a person with a disability, (a-1) electric personal assistive 53 mobility devices operated outside a city with a population of one 54 million or more, (b) vehicles which run only upon rails or tracks, (c) 55 snowmobiles as defined in article forty-seven of this chapter, [and] (d) 56 all terrain vehicles as defined in article forty-eight-B of this S. 390 3 1 chapter, AND (E) ELECTRIC ASSISTED BICYCLES AS DEFINED IN SECTION ONE 2 HUNDRED TWO OF THIS ARTICLE. For the purposes of title four of this 3 chapter, the term motor vehicle shall exclude fire and police vehicles 4 other than ambulances. For the purposes of titles four and five of this 5 chapter the term motor vehicles shall exclude farm type tractors and all 6 terrain type vehicles used exclusively for agricultural purposes, or for 7 snow plowing, other than for hire, farm equipment, including self-pro- 8 pelled machines used exclusively in growing, harvesting or handling farm 9 produce, and self-propelled caterpillar or crawler-type equipment while 10 being operated on the contract site. 11 S 4. This act shall take effect on the ninetieth day after it shall 12 have become a law.