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.