Defines the term "electric assisted bicycle" for purposes of the applicability of the vehicle and traffic law; provides that no person sixteen years of age or younger shall operate an electric assisted bicycle; requires persons eighteen years of age or younger to wear a helmet when operating an electric assisted bicycle.

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S1357B-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• May 21, 2012: ADVANCED TO THIRD READING
• May 16, 2012: 2ND REPORT CAL.
• May 15, 2012: 1ST REPORT CAL.776
• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Jun 24, 2011: COMMITTED TO RULES
• Jun 13, 2011: AMENDED ON THIRD READING 1357B
• Jun 7, 2011: ADVANCED TO THIRD READING
• Jun 6, 2011: 2ND REPORT CAL.
• Jun 2, 2011: 1ST REPORT CAL.945
• May 19, 2011: PRINT NUMBER 1357A
• May 19, 2011: AMEND AND RECOMMIT TO TRANSPORTATION
• Jan 6, 2011: REFERRED TO TRANSPORTATION

S1357B-2011 Meetings

Transportation: May 15, 2012

S1357B-2011 Calendars

Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 21, 2012 , Floor Calendar: Jun 22, 2011 , Floor Calendar: Jun 23, 2011 , Floor Calendar: Jun 24, 2011

S1357B-2011 Votes

S1357B-2011 Memo

BILL NUMBER:S1357B

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the definition of
electric assisted bicycle

PURPOSE:
This bill clarifies the vehicle and traffic law to define electric
assisted bicycles; establishes that electric assisted bicycles, as
defined, are bicycles; and establishes safety and operational
criteria for their use.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new subparagraph to Section 102 of the
vehicle and traffic law, defining electric assisted bicycles as: A
bicycle with two or three wheels which has a saddle and fully
operative pedals for human propulsion, and also has an electric
motor. However, the electric motor shall not have a power output of
more than 750 watts, and is incapable of propelling the device at a
speed greater than twenty miles per hour on level ground. The
electric motor should also be incapable of further increasing the
speed of the device when human power alone is used to propel the
device at or more than twenty miles per hour.

Section 2 adds a new section 1238-a to the vehicle and traffic law,
extending the rules, regulations and provisions of the vehicle and
traffic law governing standard bicycles to electric assisted
bicycles; makes the federal equipment and manufacturing requirements
for bicycles or motor driven cycles applicable to electric assisted
bicycles; and adds the following operational and safety requirements
for electric assisted bicycles: electric motor disengagement
criteria; operators under the age of 18 must wear helmets; and no one
under the age of 16 may operate an electric assisted bicycle and
establishes the civil fine and enforcement procedures for failure to
wear a helmet.

Section 3 amends section 125 of the vehicle and traffic law to exempt
electric assisted bicycles from what is classified as a motor vehicle.

Section 4 is the effective date.

JUSTIFICATION:
Defining and establishing operational criteria for electric assisted
bicycles will clarify for authorities that these vehicles are more
akin to bicycles than motorcycles. This will assist in interpreting
the application of the appropriate vehicle and traffic laws to
operators and passengers of these vehicles.

LEGISLATIVE HISTORY:
2009-10: Similar legislation - S.4014/A.2393

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


To take effect ninety days after it shall become law.

S1357B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   1357--B
      Cal. No. 945

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 6, 2011
                                 ___________

  Introduced by Sens. DILAN, LIBOUS -- 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 -- reported favorably from said commit-
    tee, 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, 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:


    Section 1. Section 102 of the vehicle and traffic law, as  amended  by
  chapter 931 of the laws of 1977, is amended to read as follows:

    S 102. Bicycle.  1.  Every  two  or  three wheeled device upon which a
  person or persons may ride, propelled by human power through a  belt,  a
  chain or gears, with such wheels in a tandem or tricycle, except that it
  shall  not include such a device having solid tires and intended for use
  only on a sidewalk by pre-teenage children.
    2. AN ELECTRIC ASSISTED DEVICE 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 NOT MORE THAN SEVEN HUNDRED FIFTY WATTS; BE INCA-
  PABLE  OF PROPELLING THE DEVICE AT A SPEED OF MORE THAN TWENTY MILES PER
  HOUR ON LEVEL GROUND; 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.
    S 2.  The vehicle and traffic law is amended by adding a  new  section
  1238-a to read as follows:

    S  1238-A. ADDITIONAL PROVISIONS APPLICABLE TO ELECTRIC ASSISTED BICY-
  CLES, OPERATORS AND PASSENGERS. 1. IN ADDITION TO COMPLYING WITH ALL  OF
  THE  RULES,  REGULATIONS AND PROVISIONS APPLICABLE TO BICYCLES CONTAINED

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03255-09-1

 S. 1357--B                          2

  IN THIS ARTICLE, AN ELECTRIC ASSISTED BICYCLE AS DEFINED IN SECTION  ONE
  HUNDRED  TWO  OF  THIS  CHAPTER SHALL COMPLY WITH THE FOLLOWING REQUIRE-
  MENTS:

    (A)  MEET  THE  EQUIPMENT  AND MANUFACTURING REQUIREMENTS FOR BICYCLES
  ADOPTED BY THE CONSUMER PRODUCT SAFETY COMMISSION (16 C.F.R. 1512.1,  ET
  SEQ.) OR THE REQUIREMENTS ADOPTED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY
  ADMINISTRATION  (49  C.F.R.  571.1,  ET  SEQ.)  IN  ACCORDANCE  WITH THE
  NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY ACT OF 1966  (15  U.S.C.  SEC.
  1381, ET SEQ.) FOR MOTOR DRIVEN CYCLES; AND
    (B)  OPERATE  IN  A MANNER SO THAT THE ELECTRIC MOTOR IS DISENGAGED OR
  CEASES TO FUNCTION WHEN THE BRAKES ARE APPLIED, OR OPERATE IN  A  MANNER
  SUCH  THAT THE MOTOR IS ENGAGED THROUGH A SWITCH OR MECHANISM THAT, WHEN
  RELEASED, WILL CAUSE THE ELECTRIC MOTOR TO DISENGAGE OR CEASE  TO  FUNC-
  TION.
    2.  NO PERSON LESS THAN SIXTEEN YEARS OF AGE SHALL OPERATE AN ELECTRIC
  ASSISTED BICYCLE, AND NO LAWFUL OPERATOR SHALL  ALLOW  ANY  PERSON  LESS
  THAN SIXTEEN YEARS OF AGE TO OPERATE SUCH BICYCLE HE OR SHE IS OPERATING
  OR RIDING.
    3.  A LAWFUL OPERATOR UNDER EIGHTEEN YEARS OF AGE SHALL NOT OPERATE AN
  ELECTRIC ASSISTED BICYCLE UNLESS HE OR SHE 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)  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION TWO OR
  THREE OF THIS SECTION SHALL  PAY  A  CIVIL  FINE  NOT  TO  EXCEED  FIFTY
  DOLLARS.
    (B) THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
  PROVISIONS  OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE IF SUCH
  PERSON SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF  VIOLATION
  AND  THE  APPEARANCE  DATE  FOR  SUCH VIOLATION SUCH PERSON PURCHASED OR
  RENTED A HELMET.
    (C) THE COURT MAY WAIVE ANY FINE FOR WHICH A PERSON WHO  VIOLATES  THE
  PROVISIONS  OF  SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE IF THE
  COURT FINDS THAT DUE TO REASONS OF ECONOMIC  HARDSHIP  SUCH  PERSON  WAS
  UNABLE TO PURCHASE A HELMET OR DUE TO SUCH ECONOMIC HARDSHIP SUCH PERSON
  WAS  UNABLE TO OBTAIN A HELMET FROM A STATEWIDE OR LOCAL HELMET DISTRIB-
  UTION PROGRAM.
    5. THE FAILURE OF ANY PERSON TO COMPLY WITH  THE  PROVISIONS  OF  THIS
  SECTION  SHALL  NOT  IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION FOR
  PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN
  ANY WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION.
    6. A POLICE OFFICER SHALL ONLY ISSUE A  SUMMONS  FOR  A  VIOLATION  OF
  SUBDIVISION  TWO  OR THREE OF THIS SECTION BY A PERSON LESS THAN SIXTEEN
  YEARS OF AGE TO THE PARENT OR GUARDIAN OF SUCH PERSON IF  THE  VIOLATION
  BY SUCH PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S PARENT OR GUARDI-
  AN  AND  WHERE  SUCH PARENT OR GUARDIAN IS SIXTEEN YEARS OF AGE OR MORE.
  SUCH SUMMONS SHALL ONLY BE ISSUED TO SUCH PARENT OR GUARDIAN, AND  SHALL
  NOT BE ISSUED TO THE PERSON LESS THAN SIXTEEN YEARS OF AGE.
    S  3.  Section 125 of the vehicle and traffic law, as amended by chap-
  ter 365 of the laws of 2008, is amended to read as follows:

    S 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

 S. 1357--B                          3

  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 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-pro-
  pelled 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.
    S 4. This act shall take effect on the ninetieth day  after  it  shall
  have become a law.