S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1388
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of A. PERRY, SANTABARBARA, JOHNS, JEAN-PIERRE, FAHY,
   STECK, CARROLL, THIELE,  LUPARDO,  LIFTON,  SIMON,  ABINANTI,  ARROYO,
   SEAWRIGHT,  COLTON,  PEOPLES-STOKES  -- Multi-Sponsored by -- M. of A.
   EPSTEIN -- 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 regulation of electric
   assisted bicycles
 
   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  EQUIPPED  WITH  FULLY
 OPERABLE  PEDALS AND AN ELECTRIC MOTOR WITH AN OUTPUT OF LESS THAN SEVEN
 HUNDRED FIFTY WATTS (ONE HORSEPOWER) WHEREBY SUCH ELECTRIC MOTOR ENGAGES
 ONLY WHEN THE OPERATOR IS PEDALING AND DISENGAGES OR CEASES TO  FUNCTION
 WHEN  SUCH BICYCLE'S BRAKES ARE APPLIED, THE OPERATOR STOPS PEDALING, OR
 SUCH BICYCLE ACHIEVES A SPEED OF TWENTY MILES PER HOUR OR MORE.
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05810-01-9
              

 A. 1388                             2
 
   § 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:
   § 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 prop-
 erty  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.  Section 1230 of the vehicle and traffic law, subdivision (b) as
 amended by chapter 694 of the laws  of  1995,  is  amended  to  read  as
 follows:
   § 1230. Effect  of  regulations.  (a)  The parent of any child and the
 guardian of any ward shall not authorize or knowingly  permit  any  such
 child or ward to violate any of the provisions of this article.
   (b)  These regulations applicable to bicycles, ELECTRIC ASSISTED BICY-
 CLES, or to in-line skates shall apply whenever a  bicycle  OR  ELECTRIC
 ASSISTED  BICYCLE  is, or in-line skates are, operated upon any highway,
 upon private roads open to public motor vehicle  traffic  and  upon  any
 path  set  aside  for  the  exclusive use of bicycles, ELECTRIC ASSISTED
 BICYCLES, or in-line skates, or [both] ALL.
   § 6. Section 1231 of the vehicle and traffic law, as amended by  chap-
 ter 694 of the laws of 1995, is amended to read as follows:
   §  1231.  Traffic  laws  apply  to persons riding bicycles OR ELECTRIC
 ASSISTED BICYCLES or skating or gliding on in-line skates.  Every person
 riding a bicycle OR ELECTRIC ASSISTED BICYCLE or skating or  gliding  on
 in-line  skates  upon  a  roadway shall be granted all of the rights and
 shall be subject to all of the duties applicable  to  the  driver  of  a
 vehicle  by this title, except as to special regulations in this article
 and except as to those provisions of this title which  by  their  nature
 can have no application.
   § 7. Section 1232 of the vehicle and traffic law is amended to read as
 follows:
   §  1232.  Riding  on  bicycles AND ELECTRIC ASSISTED BICYCLES.   (a) A
 person propelling a bicycle OR ELECTRIC ASSISTED BICYCLE shall not  ride
 other  than upon or astride a permanent and regular seat attached there-
 to, nor shall he ride with his feet removed from the pedals.

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   (b) No bicycle OR ELECTRIC ASSISTED BICYCLE shall  be  used  to  carry
 more  persons  at  one time than the number for which it is designed and
 equipped.
   §  8.  The  vehicle and traffic law is amended by adding a new section
 1232-a to read as follows:
   § 1232-A. ADDITIONAL REQUIREMENTS FOR OPERATING AN  ELECTRIC  ASSISTED
 BICYCLE.  (A) NO PERSON SHALL OPERATE OR PARK AN ELECTRIC ASSISTED BICY-
 CLE ON ANY PUBLIC HIGHWAY OR STREET IN THIS STATE UNLESS A LEGIBLE LABEL
 IS PERMANENTLY AFFIXED BY THE BICYCLE OR PEDAL ASSISTED  MOTOR  MANUFAC-
 TURER, IN A PROMINENT LOCATION, ON SUCH PERSON'S ELECTRIC ASSISTED BICY-
 CLE.    SUCH LABEL SHALL CONTAIN THE MAXIMUM SPEED, AND MOTOR WATTAGE OF
 THE ELECTRIC ASSISTED BICYCLE, AND SHALL BE PRINTED IN ARIAL FONT IN  AT
 LEAST  NINE-POINT TYPE.   ON AND AFTER JANUARY FIRST, TWO THOUSAND TWEN-
 TY-ONE, 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
 TOP ASSISTED SPEED, AND MOTOR WATTAGE OF ELECTRIC ASSISTED BICYCLE,  AND
 SHALL BE PRINTED IN ARIAL FONT IN AT LEAST NINE-POINT TYPE.
   (B)  NO  PERSON  SHALL PERMIT ANY LABEL REQUIRED BY SUBDIVISION (A) OF
 THIS SECTION TO BE AFFIXED TO AN ELECTRIC  ASSISTED  BICYCLE  TO  BECOME
 ILLEGIBLE.
   (C)  NO  PERSON  OR  ENTITY SHALL PARK OR OTHERWISE MAKE AVAILABLE ANY
 ELECTRIC ASSISTED BICYCLE FOR USE OR OPERATION BY ANOTHER ON ANY  PUBLIC
 HIGHWAY  OR  STREET  IN  THE STATE UNLESS A LEGIBLE LABEL IS PERMANENTLY
 AFFIXED IN A MANNER WHICH MEETS THE REQUIREMENTS  OF  PARAGRAPH  (A)  OF
 THIS SECTION.
   (D) THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
 PROVISIONS  OF  PARAGRAPH  (A)  OF THIS SECTION IS LIABLE IF SUCH PERSON
 SUPPLIES THE COURT WITH (1) PROOF THAT BETWEEN THE DATE OF VIOLATION AND
 THE APPEARANCE DATE FOR SUCH  VIOLATION,  SUCH  LABEL  WAS  REPAIRED  OR
 REPLACED  IN  A  MANNER WHICH MEETS THE REQUIREMENTS OF PARAGRAPH (A) OF
 THIS SECTION; OR (2) PROOF THAT SUCH ELECTRIC ASSISTED BICYCLE HAD  BEEN
 OPERATED  IN  VIOLATION  OF  THIS SECTION WITHIN THE DURATION OF A SHORT
 TERM LEASE OR OTHER AGREEMENT.
   (E) EVERY MANUFACTURER OF AN ELECTRIC ASSISTED BICYCLE SHALL  CERTIFY,
 AT  A  MINIMUM,  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.).
   §  9. Subdivision 1 of section 1233 of the vehicle and traffic law, as
 amended by chapter 703 of the laws  of  2004,  is  amended  to  read  as
 follows:
   1.  No  person  riding  upon  any  bicycle, ELECTRIC ASSISTED BICYCLE,
 coaster, in-line skates, roller skates, skate board, sled, or toy  vehi-
 cle  shall  attach  the  same or himself or herself to any vehicle being
 operated upon a roadway.
   § 10. Section 1234 of the vehicle and traffic law, as amended by chap-
 ter 16 of the laws of 1996, is amended to read as follows:
   § 1234. Riding on  roadways,  shoulders,  bicycle,  ELECTRIC  ASSISTED
 BICYCLE  or  in-line skate lanes and bicycle or in-line skate paths. (a)
 Upon all roadways, any bicycle, ELECTRIC  ASSISTED  BICYCLE  or  in-line
 skate  shall  be driven either on a usable bicycle or in-line skate lane
 or, if a usable bicycle or in-line skate lane  has  not  been  provided,
 near  the right-hand curb or edge of the roadway or upon a usable right-
 hand shoulder in such a manner as to prevent undue interference with the
 flow of traffic except when preparing for a left turn or when reasonably
 necessary to avoid conditions that would  make  it  unsafe  to  continue

 A. 1388                             4
 
 along  near  the  right-hand  curb  or edge. Conditions to be taken into
 consideration include, but are not limited to, fixed or moving  objects,
 vehicles,  bicycles,  ELECTRIC ASSISTED BICYCLES, in-line skates, pedes-
 trians, animals, surface hazards or traffic lanes too narrow for a bicy-
 cle,  OR  ELECTRIC  ASSISTED  BICYCLE  or person on in-line skates and a
 vehicle to travel safely side-by-side within the lane.
   (b) Persons riding bicycles OR ELECTRIC ASSISTED BICYCLES  or  skating
 or gliding on in-line skates upon a roadway shall not ride more than two
 abreast.  Persons riding bicycles OR ELECTRIC ASSISTED BICYCLES or skat-
 ing  or  gliding  on  in-line skates upon a shoulder, bicycle or in-line
 skate lane, or bicycle or in-line skates path, intended for the  use  of
 bicycles  or  in-line  skates may ride two or more abreast if sufficient
 space is available, except that when passing a vehicle,  bicycle,  ELEC-
 TRIC ASSISTED BICYCLE or person on in-line skates, or pedestrian, stand-
 ing  or  proceeding  along  such  shoulder, lane or path, persons riding
 bicycles OR ELECTRIC ASSISTED BICYCLES or skating or gliding on  in-line
 skates  shall ride, skate, or glide single file. Persons riding bicycles
 OR ELECTRIC ASSISTED BICYCLES or skating or gliding  on  in-line  skates
 upon  a roadway shall ride, skate, or glide single file when being over-
 taken by a vehicle.
   (c) Any person operating a bicycle OR  ELECTRIC  ASSISTED  BICYCLE  or
 skating  or gliding on in-line skates who is entering the roadway from a
 private road, driveway, alley or over a curb shall come to a  full  stop
 before entering the roadway.
   § 11. Section 1235 of the vehicle and traffic law, as amended by chap-
 ter 703 of the laws of 2004, is amended to read as follows:
   §  1235.  Carrying articles. No person operating a bicycle OR ELECTRIC
 ASSISTED BICYCLE shall carry  any  package,  bundle,  or  article  which
 prevents the driver from keeping at least one hand upon the handle bars.
 No  person skating or gliding on in-line skates shall carry any package,
 bundle, or article which obstructs his or her vision in  any  direction.
 No  person  operating  a skate board shall carry any package, bundle, or
 article which obstructs his or her vision in any direction.
   § 12. Section 1236 of the vehicle and traffic law, subdivision (a)  as
 amended  by  chapter 16 of the laws of 2009 and subdivisions (d) and (e)
 as added by chapter 887 of the laws of  1976,  is  amended  to  read  as
 follows:
   §  1236.  Lamps  and other equipment on bicycles AND ELECTRIC ASSISTED
 BICYCLES.  (a) Every bicycle OR ELECTRIC ASSISTED BICYCLE  when  in  use
 during  the  period  from  one-half  hour  after sunset to one-half hour
 before sunrise shall be equipped with a lamp on the  front  which  shall
 emit  a  white light visible during hours of darkness from a distance of
 at least five hundred feet to the front and with a red  or  amber  light
 visible  to the rear for three hundred feet. Effective July first, nine-
 teen hundred seventy-six, at least one of these lights shall be  visible
 for two hundred feet from each side.
   (b)  No  person  shall  operate a bicycle OR ELECTRIC ASSISTED BICYCLE
 unless it is equipped with a bell or other device capable  of  giving  a
 signal  audible for a distance of at least one hundred feet, except that
 a bicycle OR ELECTRIC ASSISTED BICYCLE shall not be  equipped  with  nor
 shall  any  person  use  upon a bicycle OR ELECTRIC ASSISTED BICYCLE any
 siren or whistle.
   (c) Every bicycle OR ELECTRIC ASSISTED BICYCLE shall be equipped  with
 a brake which will enable the operator to make the braked wheels skid on
 dry, level, clean pavement, PROVIDED, HOWEVER, SUCH BRAKE OF AN ELECTRIC

 A. 1388                             5
 
 ASSISTED  BICYCLE  SHALL  ALSO  OPERATE IN A MANNER SO THAT THE ELECTRIC
 MOTOR IS DISENGAGED OR CEASES TO FUNCTION WHEN THE BRAKE IS APPLIED.
   (d)  Every  new bicycle OR ELECTRIC ASSISTED BICYCLE shall be equipped
 with reflective tires or, alternately, a reflex reflector mounted on the
 spokes of each wheel, said tires and reflectors to be of types  approved
 by  the  commissioner.   The reflex reflector mounted on the front wheel
 shall be colorless or amber, and the reflex  reflector  mounted  on  the
 rear wheel shall be colorless or red.
   (e)  Every bicycle OR ELECTRIC ASSISTED BICYCLE when in use during the
 period from one-half hour after sunset to one-half hour  before  sunrise
 shall be equipped with reflective devices or material meeting the stand-
 ards established by rules and regulations promulgated by the commission-
 er;  provided,  however,  that  such standards shall not be inconsistent
 with or otherwise conflict with the requirements of subdivisions (a) and
 (d) of this section.
   § 13. Section 1238 of the vehicle and traffic law, as amended by chap-
 ter 267 of the laws of 1993, paragraph (a) of subdivision  2  and  para-
 graphs  (a)  and  (b)  of subdivision 5 as amended by chapter 457 of the
 laws of 1999, subdivisions 2-a, 5-a, 9  and  10  and  paragraph  (c)  of
 subdivision 6 as amended by chapter 703 of the laws of 2004, subdivision
 5  as  amended  by  chapter  132 of the laws of 1994, subdivision 5-b as
 added and paragraph (a) of subdivision 6 as amended by  chapter  402  of
 the laws of 2001 and subdivision 8 as amended by chapter 694 of the laws
 of 1995, is amended to read as follows:
   § 1238. Passengers on bicycles OR ELECTRIC ASSISTED BICYCLES under one
 year of age prohibited; passengers and operators under fourteen years of
 age  to  wear  protective  headgear. 1. No person operating a bicycle OR
 ELECTRIC ASSISTED BICYCLE shall allow a person who is under one year  of
 age to ride as a passenger on a bicycle OR ELECTRIC ASSISTED BICYCLE nor
 shall such person be carried in a pack fastened to the operator. A first
 violation of the provisions of this subdivision shall result in no fine.
 A  second  violation  shall  result  in a civil fine not to exceed fifty
 dollars.
   2. No person operating a bicycle OR ELECTRIC  ASSISTED  BICYCLE  shall
 allow  a person one or more years of age and less than five years of age
 to ride as a passenger on a bicycle OR ELECTRIC ASSISTED BICYCLE unless:
   (a) such passenger 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 upon the head
 with the helmet straps; and
   (b) such passenger is placed in a separate seat attached to the  bicy-
 cle  OR  ELECTRIC  ASSISTED  BICYCLE  and  such seat shall have adequate
 provision for retaining the passenger in place and  for  protecting  the
 passenger  from  the  moving  parts  of the bicycle OR ELECTRIC ASSISTED
 BICYCLE.
   2-a. The commissioner shall promulgate rules  and  regulations  estab-
 lishing  standards  for  helmets  required  to  be worn while bicycling,
 in-line skating, or operating a skate  board.  Such  standards,  to  the
 extent practicable, shall reflect the standards recommended by the Snell
 Memorial  Foundation,  Safety  Equipment  Institute,  or  United  States
 Consumer Product Safety Commission.
   3. Any person who violates the provisions of subdivision two  of  this
 section shall pay a civil fine not to exceed fifty dollars.
   4.  The court shall waive any fine for which a person who violates the
 provisions of paragraph (a) of subdivision two of this section would  be
 liable  if  such  person  supplies the court with proof that between the

 A. 1388                             6
 
 date of violation and the appearance date for such violation such person
 purchased or rented a helmet, which meets the requirements of  paragraph
 (a)  of  subdivision two of this section. Further, the court shall waive
 any fine for which a person who violates the provisions of paragraph (b)
 of  subdivision  two  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
 seat which meets the requirements of paragraph (b) of subdivision two of
 this  section.  The  court  may  waive  any  fine for which a person who
 violates the provisions of subdivision two  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  seat.  Such  waiver  of  fine
 shall not apply to a second or subsequent conviction under paragraph (a)
 or (b) of subdivision two of this section.
   5.  (a)  No  person  operating  a bicycle OR ELECTRIC ASSISTED BICYCLE
 shall allow a person five or more years of age and  less  than  fourteen
 years  of  age  to ride as a passenger on a bicycle OR ELECTRIC ASSISTED
 BICYCLE unless such passenger is  wearing  a  helmet  meeting  standards
 established by the commissioner.
   (b)  No  person, one or more years of age and less than fourteen years
 of age, shall operate a bicycle OR ELECTRIC ASSISTED BICYCLE unless such
 person is wearing a helmet meeting standards established by the  commis-
 sioner.
   (c) For the purposes of this subdivision wearing a helmet means having
 a  helmet  of  good  fit fastened securely upon the head with the helmet
 straps.
   5-a. No person, one or more years of age and less than fourteen  years
 of  age,  shall skate or glide on in-line skates or a skate board 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.
   5-b. No person less than fourteen years of age shall ride upon, propel
 or  otherwise  operate  a  two-wheeled vehicle commonly called a scooter
 unless such person is wearing a helmet meeting standards established  by
 the  commissioner.  As  used in this subdivision, wearing a helmet means
 having a properly fitting helmet fixed securely  on  the  head  of  such
 wearer with the helmet straps securely fastened.
   6.  (a)  Any  person  who violates the provisions of subdivision five,
 five-a or five-b 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 five 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 five, five-a, or five-b 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 bicycle helmet distribution program, as established in
 section  two  hundred  six of the public health law, or a local distrib-
 ution program.
   7. The failure of any person to comply with  the  provisions  of  this
 section  shall  not  constitute contributory negligence or assumption of

 A. 1388                             7
 
 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.
   8.  A  police  officer  shall  only issue a summons for a violation of
 subdivision two, five, or five-a of this section by a person  less  than
 fourteen  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  guardian  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 fourteen years of age.
   9.  Subdivisions  five,  five-a, five-b, and six of this section shall
 not be applicable to any county, city, town or village that has  enacted
 a local law or ordinance prior to the effective date of this subdivision
 that  prohibits  a  person who is one or more years of age and less than
 fourteen years of age from operating a bicycle, ELECTRIC ASSISTED  BICY-
 CLE  or  skating  or  gliding on in-line skates or a skate board without
 wearing a bicycle helmet meeting the standards of the American  National
 Standards  Institute  (Ansi  Z 90.4 bicycle helmet standards), the Snell
 Memorial Foundation's Standards for Protective Headgear for use in Bicy-
 cling, or the American Society of  Testing  and  Materials  (ASTM)  bike
 helmet  standards,  or  that  prohibits  a person operating a bicycle OR
 ELECTRIC ASSISTED BICYCLE from allowing a person five or more  years  of
 age  and  less  than  fourteen  years of age to ride as a passenger on a
 bicycle OR ELECTRIC ASSISTED BICYCLE unless such passenger is wearing  a
 bicycle  helmet  that meets such standards. The failure of any person to
 comply with any such local law or ordinance shall not constitute contri-
 butory 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. The legislative body of a  coun-
 ty,  city,  town  or  village  may  enact  a local law or ordinance that
 prohibits a person who is fourteen or more years of age from skating  or
 gliding  on  in-line  skates,  operating  a skate board, or operating or
 riding as a passenger on a bicycle OR ELECTRIC ASSISTED BICYCLE  without
 wearing a bicycle helmet.
   10.  No person shall skate or glide on in-line skates or a skate board
 outside during the period of time between one-half hour after sunset and
 one-half hour before sunrise unless such person is wearing readily visi-
 ble reflective clothing or material which is of a light or bright color.
   § 14. Section 1240 of the vehicle and traffic law, as added by chapter
 468 of the laws of 2001, is amended to read as follows:
   § 1240. Leaving the scene of an incident involving a  wheeled  non-mo-
 torized  means  of  conveyance  OR  AN ELECTRIC ASSISTED BICYCLE without
 reporting in the second degree. 1. Any  person  age  eighteen  years  or
 older  operating a wheeled non-motorized means of conveyance, including,
 but not limited to bicycles, in-line skates,  roller  skates  and  skate
 boards OR AN ELECTRIC ASSISTED BICYCLE AS DEFINED IN SECTION ONE HUNDRED
 TWO-C  OF THIS CHAPTER, who, knowing or having cause to know, that phys-
 ical injury, as defined in subdivision nine  of  section  10.00  of  the
 penal  law,  has  been caused to another person, due to the operation of
 such non-motorized means of conveyance, OR ELECTRIC ASSISTED BICYCLE  by
 such  person,  shall,  before  leaving the place where the said physical
 injury occurred, stop, and provide his  name  and  residence,  including
 street  and  street number, to the injured party, if practical, and also
 to a police officer, or in the event that no police officer  is  in  the
 vicinity of the place of said injury, then such person shall report said

 A. 1388                             8
 
 incident  as  soon  as  physically able to the nearest police station or
 judicial officer.
   2.  Leaving the scene of an incident involving a wheeled non-motorized
 means of conveyance, OR AN ELECTRIC ASSISTED BICYCLE  without  reporting
 in the second degree is a violation.
   § 15. Section 1241 of the vehicle and traffic law, as added by chapter
 468 of the laws of 2001, is amended to read as follows:
   §  1241.  Leaving the scene of an incident involving a wheeled non-mo-
 torized means of conveyance, OR AN ELECTRIC  ASSISTED  BICYCLE,  without
 reporting  in  the  first  degree.   1. Any person age eighteen years or
 older operating a wheeled non-motorized means of conveyance,  including,
 but  not  limited  to  bicycles, in-line skates, roller skates and skate
 boards OR AN ELECTRIC ASSISTED BICYCLE AS DEFINED IN SECTION ONE HUNDRED
 TWO-C OF THIS CHAPTER, who, knowing or having cause to know, that  seri-
 ous  physical  injury, as defined in subdivision ten of section 10.00 of
 the penal law, has been caused to another person, due to  the  operation
 of  such non-motorized means of conveyance, OR ELECTRIC ASSISTED BICYCLE
 by such person, shall, before leaving the place where the  said  serious
 physical  injury  occurred,  stop,  and  provide his name and residence,
 including street and street number, to the injured party, if  practical,
 and  also to a police officer, or in the event that no police officer is
 in the vicinity of the place of said  injury,  then  such  person  shall
 report  said  incident  as soon as physically able to the nearest police
 station or judicial officer.
   2. Leaving the scene of an incident involving a wheeled  non-motorized
 means  of  conveyance, OR AN ELECTRIC ASSISTED BICYCLE without reporting
 in the first degree is a class B misdemeanor.
   § 16. The vehicle and traffic law is amended by adding a  new  section
 1242 to read as follows:
   §  1242.  TAMPERING  WITH  AN ELECTRIC ASSISTED BICYCLE. 1.  NO PERSON
 SHALL TAMPER WITH OR MODIFY AN ELECTRIC ASSISTED BICYCLE TO:
   (A) INCREASE THE OUTPUT OF SUCH BICYCLE TO SEVEN HUNDRED  FIFTY  WATTS
 OR GREATER;
   (B) ENGAGE THE ELECTRIC MOTOR WHEN:
   (I) THE OPERATOR OF SUCH BICYCLE IS NOT PEDALING;
   (II) THE OPERATOR OF SUCH BICYCLE HAS APPLIED THE BRAKES; OR
   (III)  SUCH  BICYCLE  HAS ACHIEVED A SPEED OF TWENTY MILES PER HOUR OR
 GREATER; OR
   (C) ACCELERATE THE SPEED OF THE ELECTRIC  ASSISTED  BICYCLE  MOTOR  BY
 MEANS OTHER THAN PEDALING.
   2.  A  VIOLATION  OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
 SHALL CONSTITUTE A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF UP TO  ONE
 HUNDRED  FIFTY  DOLLARS  OR A SENTENCE OF IMPRISONMENT FOR UP TO FIFTEEN
 DAYS OR BOTH SUCH FINE AND IMPRISONMENT.
   § 17. 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

 A. 1388                             9
 
 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.
   § 18. 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 AND ELECTRIC ASSISTED
 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 AND ELECTRIC ASSISTED 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  there-
 with. Provided further that such local laws shall not impose any charge,
 tax  or  otherwise  not  provide  for the free use of bicycles, ELECTRIC
 ASSISTED BICYCLES and tricycles.
   § 19. This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law.