S T A T E   O F   N E W   Y O R K
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                                  9726

                          I N  A S S E M B L Y

                              April 5, 2016
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on Transportation

AN  ACT  to  amend  the vehicle and traffic law, the highway law and the
  general municipal law, in  relation  to  the  definition  of  electric
  assisted bicycle

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 102-c to read as follows:
  S  102-C.  ELECTRIC  ASSISTED  BICYCLE. AN "ELECTRIC ASSISTED BICYCLE"
SHALL MEAN A BICYCLE EQUIPPED WITH FULLY OPERABLE PEDALS AND AN ELECTRIC
MOTOR OF LESS THAN SEVEN HUNDRED FIFTY WATTS. AN ELECTRIC ASSISTED BICY-
CLE WITH A MOTOR THAT PROVIDES ASSISTANCE ONLY WHEN THE RIDER IS  PEDAL-
ING,  AND THAT CEASES TO PROVIDE ASSISTANCE WHEN THE BICYCLE REACHES THE
SPEED OF TWENTY MILES PER HOUR, IS A CLASS ONE ELECTRIC ASSISTED BICYCLE
OR A LOW-SPEED PEDAL-ASSISTED ELECTRIC BICYCLE.
  S 2. Section 121-b of the vehicle and traffic law, as amended by chap-
ter 160 of the laws of 1981, is amended to read as follows:
  S 121-b. Limited use motorcycle. A limited use vehicle having only two
or three wheels, with a seat or saddle for the operator, EXCEPT ELECTRIC
ASSISTED BICYCLES AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS  ARTI-
CLE.  A  limited  use  motorcycle having a maximum performance speed, of
more than thirty miles per hour but not more than forty miles  per  hour
shall  be  a  class  A  limited use motorcycle. A limited use motorcycle
having a maximum performance speed of more than twenty  miles  per  hour
but  not more than thirty miles per hour, shall be a class B limited use
motorcycle. A limited use motorcycle having a maximum performance  speed
of  not  more  than twenty miles per hour shall be a class C limited use
motorcycle.
  S 3. Section 125 of the vehicle and traffic law, as amended by chapter
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

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

                                                           LBD14015-02-6

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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
chapter, AND (E) ELECTRIC ASSISTED BICYCLES AS DEFINED  IN  SECTION  ONE
HUNDRED  TWO-C  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. Section 159 of the vehicle and traffic law is amended to read as
follows:
  S 159. Vehicle.  Every device in, upon, or  by  which  any  person  or
property  is  or  may  be  transported  or  drawn upon a highway, except
devices moved by human power or used exclusively upon  stationary  rails
or  tracks,  AND  ELECTRIC  ASSISTED  BICYCLES AS DEFINED IN SECTION ONE
HUNDRED TWO-C OF THIS ARTICLE.
  S 5. 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.  AN  ELECTRIC  ASSISTED  BICYCLE,  AS
DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS CHAPTER, OR THE OPERATOR OF
AN  ELECTRIC ASSISTED BICYCLE, SHALL COMPLY WITH ALL OF THE RULES, REGU-
LATIONS AND PROVISIONS APPLICABLE TO A BICYCLE  OR  THE  OPERATOR  OF  A
BICYCLE  CONTAINED  IN  THIS  CHAPTER. IN ADDITION, AN ELECTRIC ASSISTED
BICYCLE IS SUBJECT TO THE FOLLOWING REQUIREMENTS:
  (A) EVERY MANUFACTURER OF AN ELECTRIC ASSISTED BICYCLE  SHALL  CERTIFY
THAT  IT  COMPLIES WITH THE EQUIPMENT AND MANUFACTURING REQUIREMENTS FOR
BICYCLES ADOPTED BY THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION
(16 C.F.R. 1512.1, ET SEQ.).
  (B) AN ELECTRIC ASSISTED BICYCLE SHALL 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 FUNCTION.
  (C) ON AND AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN,  MANUFACTURERS
AND  DISTRIBUTORS OF ELECTRIC ASSISTED BICYCLES SHALL APPLY A LABEL THAT
IS PERMANENTLY AFFIXED,  IN  A  PROMINENT  LOCATION,  TO  EACH  ELECTRIC
ASSISTED BICYCLE. THE LABEL SHALL CONTAIN THE CLASSIFICATION NUMBER, TOP
ASSISTED  SPEED, AND MOTOR WATTAGE OF THE ELECTRIC ASSISTED BICYCLE, AND
SHALL BE PRINTED IN ARIAL FONT IN AT LEAST NINE-POINT TYPE.
  (D) A PERSON SHALL NOT TAMPER WITH  OR  MODIFY  AN  ELECTRIC  ASSISTED
BICYCLE  SO  AS  TO CHANGE THE SPEED CAPABILITY OF THE ELECTRIC ASSISTED
BICYCLE, UNLESS HE OR SHE APPROPRIATELY REPLACES  THE  LABEL  INDICATING
THE  CLASSIFICATION REQUIRED IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS
SECTION.
  2. THE FAILURE OF ANY PERSON TO COMPLY WITH  THE  PROVISIONS  OF  THIS
SECTION  SHALL  NOT  CONSTITUTE CONTRIBUTORY NEGLIGENCE OR ASSUMPTION OF
RISK, AND 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.

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  S  6. Section 316 of the highway law, as amended by chapter 655 of the
laws of 1978, is amended to read as follows:
  S 316. Entitled to free use of highways. The authorities having charge
or  control  of  any highway, public street, park, parkway, driveway, or
place, shall have no power or authority to pass, enforce or maintain any
ordinance, rule or regulation by which any person using a bicycle, ELEC-
TRIC ASSISTED BICYCLE or tricycle shall be excluded or  prohibited  from
the  free  use of any highway, public street, avenue, roadway, driveway,
parkway, park, or place, at any time when the same is open to  the  free
use  of  persons  having and using other pleasure carriages, except upon
such driveway, speedway or road as has been  or  may  be  expressly  set
apart  by  law  for the exclusive use of horses and light carriages. But
nothing herein shall prevent the passage, enforcement or maintenance  of
any regulation, ordinance or rule, regulating the use of bicycles, ELEC-
TRIC  ASSISTED BICYCLES or tricycles in highways, public streets, drive-
ways, parks, parkways, and places, or the regulation  of  the  speed  of
carriages,  vehicles  or  engines, in public parks and upon parkways and
driveways in the city of New York, under the exclusive jurisdiction  and
control  of  the  department  of  parks and recreation of said city, nor
prevent any such authorities in any other city from regulating the speed
of any vehicles herein described in such manner as to limit  and  deter-
mine  the  proper rate of speed with which such vehicle may be propelled
nor in such manner as to require, direct or prohibit the use  of  bells,
lamps  and  other  appurtenances  nor to prohibit the use of any vehicle
upon that part of the highway, street, park, or parkway, commonly  known
as the footpath or sidewalk.
  S  7.  Section 180 of the general municipal law, as amended by chapter
668 of the laws of 2004, is amended to read as follows:
  S 180. Ordinances to regulate use of bicycles. The governing boards of
municipal corporations as defined in section two of  this  chapter,  may
adopt local laws to regulate the use of bicycles on the public highways,
streets,  avenues,  walks,  parks and public places within their limits.
Such local laws shall be supplemental and in addition to the  provisions
of  the vehicle and traffic law relating to vehicles and not in conflict
therewith. Provided further that such local laws shall  not  impose  any
charge, tax or otherwise not provide for the free use of bicycles, ELEC-
TRIC ASSISTED BICYCLES and tricycles.
  S 8. This act shall take effect immediately.