S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2888
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 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. The vehicle and traffic law is  amended  by  adding  a  new
 section 102-c to read as follows:
   § 102-C. ELECTRIC ASSISTED BICYCLE. A BICYCLE 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 LESS THAN SEVEN HUNDRED FIFTY WATTS;
 HAVE A MAXIMUM SPEED OF LESS THAN TWENTY MILES PER HOUR ON A PAVED LEVEL
 SURFACE  WHEN POWERED SOLELY BY SUCH A MOTOR WHILE RIDDEN BY AN OPERATOR
 WHO WEIGHS ONE HUNDRED SEVENTY  POUNDS;  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.
   § 2. Section 125 of the vehicle and traffic law, as amended by chapter
 365 of the laws of 2008, is amended to read as follows:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01388-01-7

 S. 2888                             2
 
 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.
   § 3. 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. 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-C  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. NOTWITHSTANDING THE PROVISIONS OF SECTION  TWELVE  HUNDRED  THIRTY-
 EIGHT  OF  THIS  ARTICLE, NO PERSON LESS THAN SIXTEEN YEARS OF AGE SHALL
 OPERATE OR RIDE AS A PASSENGER UPON AN ELECTRIC ASSISTED BICYCLE, AND NO
 PERSON SIXTEEN YEARS OF AGE OR OLDER SHALL ALLOW ANY  PERSON  LESS  THAN
 SIXTEEN  YEARS  OF AGE TO OPERATE OR RIDE AS A PASSENGER UPON SUCH BICY-
 CLE.
   3. NO PERSON SIXTEEN YEARS OF AGE OR OLDER SHALL OPERATE OR RIDE AS  A
 PASSENGER  ON AN ELECTRIC ASSISTED BICYCLE UNLESS SUCH PERSON 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 THE STATEWIDE IN-LINE SKATE AND BICY-
 CLE HELMET DISTRIBUTION PROGRAM OR A LOCAL DISTRIBUTION PROGRAM.
   5.  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.

 S. 2888                             3
 
   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 EIGHTEEN 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.
   § 4.  This act shall take effect immediately.