S4014 - NY Senate Open Legislation - MORAHAN - Defines the term electric assisted bicycle

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Sponsor: MORAHAN

Same as: A2393 A2393 A2393 A2393

Co-sponsor(s): DILAN

Committee: TRANSPORTATION

Law Section: Vehicle and Traffic Law

S4014 Summary

Defines the term "electric assisted bicycle" for purposes of the applicability of the vehicle and traffic law; requires persons sixteen years of age or younger to wear a helmet when operating an electric assisted bicycle.

S4014 Actions

Apr 7, 2009 REFERRED TO TRANSPORTATION
Apr 7, 2009 REFERRED TO TRANSPORTATION
May 5, 2009 1ST REPORT CAL.269
May 5, 2009 1ST REPORT CAL.269
May 6, 2009 2ND REPORT CAL.
May 6, 2009 2ND REPORT CAL.
May 11, 2009 ADVANCED TO THIRD READING
May 11, 2009 ADVANCED TO THIRD READING
May 12, 2009 SUBSTITUTED BY A2393
May 12, 2009 SUBSTITUTED BY A2393
Jan 6, 2010 REFERRED TO TRANSPORTATION
Jan 26, 2010 REPORTED AND COMMITTED TO CODES

"Same as" Actions for Bill A2393
Jan 15, 2009 referred to transportation
Jan 15, 2009 referred to transportation
Feb 24, 2009 reported referred to codes
Feb 24, 2009 reported referred to codes
Feb 25, 2009 reported
Feb 25, 2009 reported
Feb 26, 2009 advanced to third reading cal.139
Feb 26, 2009 advanced to third reading cal.139
Mar 2, 2009 passed assembly
Mar 2, 2009 passed assembly
Mar 2, 2009 delivered to senate
Mar 2, 2009 delivered to senate
Mar 2, 2009 REFERRED TO TRANSPORTATION
Mar 2, 2009 REFERRED TO TRANSPORTATION
May 12, 2009 SUBSTITUTED FOR S4014
May 12, 2009 SUBSTITUTED FOR S4014
May 12, 2009 3RD READING CAL.269
May 12, 2009 3RD READING CAL.269
Jul 16, 2009 COMMITTED TO RULES
Jul 16, 2009 COMMITTED TO RULES
Jan 6, 2010 DIED IN SENATE
Jan 6, 2010 RETURNED TO ASSEMBLY
Jan 6, 2010 ordered to third reading cal.207
Feb 22, 2010 passed assembly
Feb 22, 2010 delivered to senate
Feb 22, 2010 REFERRED TO CODES

S4014 Committee Meetings

Codes: Mar 16, 2010

Chair: Eric T. Schneiderman / Location: Room 123 CAP

Transportation: Jan 26, 2010

Chair: Martin Malav? Dilan / Location: Room 124 CAP

S4014 Votes

Vote: Committee - Jan 26, 2010

Ayes (19): DILAN STAVISKY HASSELL-THOMPSON SAVINO PERKINS ADDABBO SQUADRON DIAZ VALESKY AUBERTINE FOLEY FUSCHILLO LIBOUS JOHNSON O NOZZOLIO ROBACH LARKIN LANZA YOUNG

S4014 Memo

 BILL NUMBER:  S4014

 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; establish that electric assisted bicycles, as
defined, are bicycles, not motor vehicles; and establish safety and
operational criteria for their use.

 SUMMARY OF PROVISIONS :
Section 1 of the bill adds a new Section 102-c to 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 should not have a power output of more than one
thousand watts, and should be incapable of propelling the device at a
speed of more 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 an exception in section 125 of the vehicle and traffic
law to the statutory definition of motor vehicle for electric assisted
bicycles.

Section 3 adds a new section 1240 to the vehicle and traffic law,
making the rules, regulations and provisions of the vehicle and
traffic law applicable to bicycles applicable 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;
all operators and passengers are required to wear bicycle helmets; and
no one under the age of 16 may operate or as a passenger on an
electric assisted bicycle and establishes the civil fine and
enforcement procedures for failure to wear a helmet.

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 :

2008:  S.6898  Referred to Transportation

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
To take effect immediately.

S4014 Text

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

                                         4014

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                     April 7, 2009
                                      ___________

       Introduced  by  Sen. MORAHAN -- 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. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 102-c to read as follows:
    3    S 102-C. ELECTRIC ASSISTED BICYCLE. A BICYCLE WITH TWO OR THREE WHEELS
    4  WHICH  HAS  A SADDLE AND FULLY OPERATIVE PEDALS FOR HUMAN PROPULSION AND
    5  ALSO HAS AN ELECTRIC MOTOR.   THE ELECTRIC ASSISTED  BICYCLE'S  ELECTRIC
    6  MOTOR SHALL: HAVE A POWER OUTPUT OF NOT MORE THAN ONE THOUSAND WATTS; BE
    7  INCAPABLE  OF PROPELLING THE DEVICE AT A SPEED OF MORE THAN TWENTY MILES
    8  PER HOUR ON LEVEL GROUND; AND BE INCAPABLE  OF  FURTHER  INCREASING  THE
    9  SPEED  OF THE DEVICE WHEN HUMAN POWER IS USED TO PROPEL THE DEVICE AT OR
   10  MORE THAN TWENTY MILES PER HOUR.
   11    S 2. Section 125 of the vehicle and traffic law, as amended by chapter
   12  365 of the laws of 2008, is amended to read as follows:
   13    S 125. Motor vehicles. Every vehicle operated or driven upon a  public
   14  highway  which  is  propelled  by  any  power other than muscular power,
   15  except (a) electrically-driven mobility assistance devices  operated  or
   16  driven  by a person with a disability, (a-1) electric personal assistive
   17  mobility devices operated outside  a  city  with  a  population  of  one
   18  million  or  more, (b) vehicles which run only upon rails or tracks, (c)
   19  snowmobiles as defined in article forty-seven of this chapter, [and] (d)
   20  all terrain  vehicles  as  defined  in  article  forty-eight-B  of  this
   21  chapter,  AND  (E)  ELECTRIC ASSISTED BICYCLES AS DEFINED IN SECTION ONE
   22  HUNDRED TWO-C OF THIS ARTICLE. For the purposes of title  four  of  this
   23  chapter,  the  term motor vehicle shall exclude fire and police vehicles
   24  other than ambulances.  For the purposes of titles four and five of this
   25  chapter the term motor vehicles shall exclude farm type tractors and all

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03706-02-9

       S. 4014                             2

    1  terrain type vehicles used exclusively for agricultural purposes, or for
    2  snow plowing, other than for hire, farm equipment,  including  self-pro-
    3  pelled machines used exclusively in growing, harvesting or handling farm
    4  produce,  and self-propelled caterpillar or crawler-type equipment while
    5  being operated on the contract site.
    6    S 3. The vehicle and traffic law is amended by adding  a  new  section
    7  1238-a to read as follows:
    8    S  1238-A. ADDITIONAL PROVISIONS APPLICABLE TO ELECTRIC ASSISTED BICY-
    9  CLES, OPERATORS AND PASSENGERS. 1. IN ADDITION TO COMPLYING WITH ALL  OF
   10  THE  RULES,  REGULATIONS AND PROVISIONS APPLICABLE TO BICYCLES CONTAINED
   11  IN THIS ARTICLE, AN ELECTRIC ASSISTED BICYCLE AS DEFINED IN SECTION  ONE
   12  HUNDRED  TWO-C  OF THIS CHAPTER SHALL COMPLY WITH THE FOLLOWING REQUIRE-
   13  MENTS:
   14    (A) MEET THE EQUIPMENT AND  MANUFACTURING  REQUIREMENTS  FOR  BICYCLES
   15  ADOPTED  BY THE CONSUMER PRODUCT SAFETY COMMISSION (16 C.F.R. 1512.1, ET
   16  SEQ.) OR THE REQUIREMENTS ADOPTED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY
   17  ADMINISTRATION (49  C.F.R.  571.1,  ET  SEQ.)  IN  ACCORDANCE  WITH  THE
   18  NATIONAL  TRAFFIC  AND  MOTOR VEHICLE SAFETY ACT OF 1966 (15 U.S.C. SEC.
   19  1381, ET SEQ.) FOR MOTOR DRIVEN CYCLES; AND
   20    (B) OPERATE IN A MANNER SO THAT THE ELECTRIC MOTOR  IS  DISENGAGED  OR
   21  CEASES  TO  FUNCTION WHEN THE BRAKES ARE APPLIED, OR OPERATE IN A MANNER
   22  SUCH THAT THE MOTOR IS ENGAGED THROUGH A SWITCH OR MECHANISM THAT,  WHEN
   23  RELEASED,  WILL  CAUSE THE ELECTRIC MOTOR TO DISENGAGE OR CEASE TO FUNC-
   24  TION.
   25    2.  NOTWITHSTANDING  THE  PROVISIONS   OF   SECTION   TWELVE   HUNDRED
   26  THIRTY-EIGHT  OF  THIS ARTICLE, NO PERSON LESS THAN SIXTEEN YEARS OF AGE
   27  SHALL OPERATE OR RIDE AS A PASSENGER UPON AN ELECTRIC ASSISTED  BICYCLE,
   28  AND  NO PERSON SIXTEEN YEARS OF AGE OR OLDER SHALL ALLOW ANY PERSON LESS
   29  THAN SIXTEEN YEARS OF AGE TO OPERATE OR RIDE AS A  PASSENGER  UPON  SUCH
   30  BICYCLE.
   31    3.  NO PERSON SIXTEEN YEARS OF AGE OR OLDER SHALL OPERATE OR RIDE AS A
   32  PASSENGER ON AN ELECTRIC ASSISTED BICYCLE UNLESS SUCH PERSON IS  WEARING
   33  A  HELMET  MEETING  STANDARDS  ESTABLISHED  BY THE COMMISSIONER. FOR THE
   34  PURPOSES OF THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A HELMET  OF
   35  GOOD  FIT  FASTENED  SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
   36  STRAPS SECURELY FASTENED.
   37    4. (A) ANY PERSON WHO VIOLATES THE PROVISIONS OF  SUBDIVISION  TWO  OR
   38  THREE  OF  THIS  SECTION  SHALL  PAY  A  CIVIL  FINE NOT TO EXCEED FIFTY
   39  DOLLARS.
   40    (B) THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
   41  PROVISIONS OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE IF  SUCH
   42  PERSON  SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION
   43  AND THE APPEARANCE DATE FOR SUCH  VIOLATION  SUCH  PERSON  PURCHASED  OR
   44  RENTED A HELMET.
   45    (C)  THE  COURT MAY WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
   46  PROVISIONS OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE  IF  THE
   47  COURT  FINDS  THAT  DUE  TO REASONS OF ECONOMIC HARDSHIP SUCH PERSON WAS
   48  UNABLE TO PURCHASE A HELMET OR DUE TO SUCH ECONOMIC HARDSHIP SUCH PERSON
   49  WAS UNABLE TO OBTAIN A HELMET FROM THE STATEWIDE IN-LINE SKATE AND BICY-
   50  CLE HELMET DISTRIBUTION PROGRAM, AS ESTABLISHED IN SECTION  TWO  HUNDRED
   51  SIX OF THE PUBLIC HEALTH LAW, OR A LOCAL DISTRIBUTION PROGRAM.
   52    5.  THE  FAILURE  OF  ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS
   53  SECTION SHALL NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE  OR  ASSUMPTION  OF
   54  RISK,  AND SHALL NOT IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION FOR
   55  PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN
   56  ANY WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION.

       S. 4014                             3

    1    6. A POLICE OFFICER SHALL ONLY ISSUE A  SUMMONS  FOR  A  VIOLATION  OF
    2  SUBDIVISION  TWO  OR THREE OF THIS SECTION BY A PERSON LESS THAN SIXTEEN
    3  YEARS OF AGE TO THE PARENT OR GUARDIAN OF SUCH PERSON IF  THE  VIOLATION
    4  BY SUCH PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S PARENT OR GUARDI-
    5  AN  AND  WHERE SUCH PARENT OR GUARDIAN IS EIGHTEEN YEARS OF AGE OR MORE.
    6  SUCH SUMMONS SHALL ONLY BE ISSUED TO SUCH PARENT OR GUARDIAN, AND  SHALL
    7  NOT BE ISSUED TO THE PERSON LESS THAN SIXTEEN YEARS OF AGE.
    8    S 4.  This act shall take effect immediately.

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S4014: Defines the term electric assisted bicycle