S390-2013 - NY Senate Open Legislation - Defines the term electric assisted bicycle

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.

Sponsor: DILAN
Law Section: Vehicle and Traffic Law
Law: Amd SS102 & 125, add S1238-a, V & T L

S390-2013 Actions

Feb 5, 2013: ADVANCED TO THIRD READING
Feb 4, 2013: 2ND REPORT CAL.
Jan 29, 2013: 1ST REPORT CAL.10
Jan 9, 2013: REFERRED TO TRANSPORTATION

S390-2013 Meetings

Transportation: Jan 29, 2013

S390-2013 Calendars

S390-2013 Votes

VOTE: COMMITTEE VOTE: - Transportation - Jan 29, 2013

Ayes (16): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Smith, Young, Zeldin, Dilan, Diaz, Perkins, Stavisky, Gipson
Ayes W/R (3): Ranzenhofer, Kennedy, Squadron

S390-2013 Memo

BILL NUMBER:S390

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:
2911-12: S.1357B - Advanced to 3rd Reading
2009-10: Similar legislation - S.4014/A.2393 Passed Assembly

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
To take effect ninety days after it shall become law.

S390-2013 Text


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

                                     390

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (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:


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


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00592-01-3

 S. 390                              2

    (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
  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

 S. 390                              3

  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.

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S390-2013: Defines the term electric assisted bicycle