NY State Senate Bill 2017-S2282

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Jan 12, 2017	referred to transportation

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2017-S2282 (ACTIVE) - Details

See Assembly Version of this Bill:: A7059
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §§102-c & 1238-a, amd §§121-b, 125 & 159, V & T L; amd §316, Hway L; amd §180, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:: S6786, A9726

2017-S2282 (ACTIVE) - Summary

Relates to the definition of electric assisted bicycle.

2017-S2282 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2282

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

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
operation criteria for their use.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill adds a new Section 102-c to the vehicle and
traffic law and electric assisted bicycle as a bicycle equipped with
fully operable pedals and an electric motor of less than seven hundred
fifty watts. The electric motor shall provide assistance only when the
rider is pedaling and shall cease to provide assistance when the
bicycle reaches the speed of twenty miles per hour. Such bicycle shall
be defined as a class one electric assisted bicycle or a low-speed
pedal assisted electric bicycle.

Section 2 exempts electric assisted bicycles from the limited use
motorcycle classification.

Section 3 exempts electric assisted bicycles from the motor vehicle
definition.

Section 4 exempts electric assisted bicycles from the vehicle
definition

Section 5 adds a new section 1238-a 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 requirement and manufacturing requirements
for bicycles; on and after January first, two thousand seventeen
manufacturers and distributors of electric assisted bicycles shall
apply an information label containing classification number, top
assisted speed, and motor wattage of the electric assisted bicycle on
a prominent location on each bicycle; requires that persons modifying
electric assisted bicycle speeds must appropriately replace the label.

Section 6 prevents authorities of highways, public streets, parks,
parkways, driveways from restricting the use of electric assisted
bicycles, but permits the city of New York to apply regulations,
ordinances or rules, regulating the use of electric assisted bicycles
in the city of New York.

Section 7 allows governing boards of municipal corporations to adopt
local laws to regulate the use of bicycles on the public highways,
streets, avenues, walks, parks and public places within their limits.
States that local laws shall not impose any charge, tax or otherwise
not provide for the free use of electric assisted bicycles

Section 8 states the effective date.

 JUSTIFICATION :

In 2002, federal law was amended to distinguish bicycles with
low-power batteries capable of reaching speeds of 20 mph or less, from
motorcycles, mopeds and motor vehicles. These electric bikes (e-bikes)
do not operate unless the rider is pedaling and the battery will shut
off when the bike reaches a speed of 20 mph. Many states also updated
their laws to classify and regulate e-bikes as if they were regular
bicycles. Because New York was not one of the states to make this
change, manufacturers and consumers in this fast-growing market are
left with a situation where it is legal to buy and sell electric bikes
in the state but it is illegal to operate them on public roadways.
E-bikes will have a tremendous impact on the tourism economy and
health of New Yorkers and it is time for the state to legalize their
use.

E-bikes look and operate almost exactly like a regular bicycle and are
designed to be as safe as bicycles, but are easier to pedal with
assistance from an electric motor that is activated and used while the
rider is pedaling. In order for the battery to work the rider must
continue to pedal, however, the motor will automatically shut off when
the rider reaches 20 mph. Electric bicycles do not compromise consumer
safety and in fact since they have grown in popularity there have not
been any significant increase in bike collisions, trail user
conflicts, safety complaints or litigation. In fact, research shows
that the average speed of e-bike users on roadways is 1.8 mph faster
than that of regular bicycle users.

E-bikes are increasingly recognized as a way to get more people out of
their cars and onto a bicycle as they appeal to people who want to
bike but would otherwise not do so because of physical limitations and
other personal barriers. They allow current bicyclists to bike more
often and travel farther distances, and expand the range of trips
where an e-bike can be used instead of a car. Electric bikes use green
battery technology and have the potential to become an important
addition to New York's growing energy-efficient transportation system.
Encouraging bicycle ridership by any means benefits the environment
and improves the state's air quality, traffic congestion and quality
of life.

Legalizing the use of e-bikes would bring increased business to local
bicycle shops and bicycle and accessory manufacturers from both
existing bike riders and those who are drawn to e-bikes and would have
a positive impact on New York's tourism industry. Bike tours of cities
such as Buffalo and Rochester have become immensely popular in recent
years and e-bikes would enhance the tourists' experiences. New York is
home to thousands of miles of trails from the Hudson Valley to Buffalo
and e-bikes would offer another way for New Yorkers of all ages and
fitness levels to explore these trails and appreciate the state's
beauty. In the United States, the bike industry estimates more than
200,000 e-bikes may be sold in 2015 and this number is set to increase
by 10% annually.

Legalizing e-bike use in New York is a benefit to both riders and to
the state. Encouraging bicycle use is a safe way to help the
environment by limiting congestion, support healthy living, and
promote New York's robust and diverse tourism industry. If New York is
to move forward as a bicycle-friendly state, public policy makers must
legalize e-bikes and reap the benefits of increased ridership.

 PRIOR LEGISLATIVE HISTORY :

2016 - S.6786

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately

2017-S2282 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2282
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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, 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:
   § 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.
   § 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:
   § 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.
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07107-01-7

 S. 2282                             2
 
   § 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
 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.
   §  4. Section 159 of the vehicle and traffic law is amended to read as
 follows:
   § 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.
   § 5. The vehicle and traffic law is amended by adding  a  new  section
 1238-a to read as follows:
   §  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  EIGHTEEN,  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

 S. 2282                             3
 
 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.
   §  6. Section 316 of the highway law, as amended by chapter 655 of the
 laws of 1978, is amended to read as follows:
   § 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.
   § 7. Section 180 of the general municipal law, as amended  by  chapter
 668 of the laws of 2004, is amended to read as follows:
   § 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.
   § 8. This act shall take effect immediately.

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Senate Bill S2282

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

2017-S2282 (ACTIVE) - Details

2017-S2282 (ACTIVE) - Summary

2017-S2282 (ACTIVE) - Sponsor Memo

2017-S2282 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2282

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

John E. Brooks

David Carlucci

Carl L. Marcellino

Michael H. Ranzenhofer

2017-S2282 (ACTIVE) - Details

2017-S2282 (ACTIVE) - Summary

2017-S2282 (ACTIVE) - Sponsor Memo

2017-S2282 (ACTIVE) - Bill Text download pdf

Comments