S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2444
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  NIOU,  KIM  -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  bicycles
   with electric assist
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 102 of the vehicle and traffic law, as  amended  by
 chapter 931 of the laws of 1977, is amended to read as follows:
   § 102. Bicycle.  Every two or three wheeled device upon which a person
 or persons may ride, propelled by human power through a belt, a chain or
 gears, with such wheels in a tandem or tricycle, except  that  it  shall
 not  include  such a device having solid tires and intended for use only
 on a sidewalk by pre-teenage children. A BICYCLE INCLUDES A BICYCLE WITH
 ELECTRIC ASSIST AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS ARTICLE,
 PROVIDED THAT NOTHING IN THIS ARTICLE IS INTENDED TO AFFECT THE  ABILITY
 OF  A  LOCAL AUTHORITY TO PROMULGATE RULES AND REGULATIONS GOVERNING THE
 OPERATION OF BICYCLES WITH ELECTRIC ASSIST.
   § 2. 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  BICYCLES  WITH  ELECTRIC  ASSIST AS DEFINED IN SECTION ONE
 HUNDRED TWO-C OF THIS ARTICLE.
   § 3. Subparagraph b of paragraph 1 of subdivision (a) of section  1202
 of the vehicle and traffic law, as amended by chapter 679 of the laws of
 1970, is amended to read as follows:
   b.  On  a  sidewalk, EXCEPT THAT A BICYCLE MAY PARK ON A SIDEWALK IN A
 MANNER COMPLYING WITH THE AMERICANS WITH DISABILITIES ACT, PROVIDED THAT
 SUCH BICYCLE DOES NOT INTERFERE WITH THE NORMAL AND REASONABLE  MOVEMENT
 OF PEDESTRIAN TRAFFIC;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04919-01-1

 A. 2444                             2
 
   §  4. Subparagraph b of paragraph 1 of subdivision (a) of section 1202
 of the vehicle and traffic law, as amended by chapter 206 of the laws of
 2020, is amended to read as follows:
   b.  On  a  sidewalk, EXCEPT THAT A BICYCLE MAY PARK ON A SIDEWALK IN A
 MANNER COMPLYING WITH THE AMERICANS WITH DISABILITIES ACT, PROVIDED THAT
 SUCH BICYCLE DOES NOT INTERFERE WITH THE NORMAL AND REASONABLE  MOVEMENT
 OF PEDESTRIAN TRAFFIC;
   §  5. Section 1225-a of the vehicle and traffic law, as added by chap-
 ter 222 of the laws of 1974, is amended to read as follows:
   § 1225-a. Driving on sidewalks. No person shall drive a motor  vehicle
 OR  BICYCLE  WITH ELECTRIC ASSIST on or across a sidewalk, except that a
 vehicle OR BICYCLE WITH ELECTRIC ASSIST may be driven  at  a  reasonable
 speed, but not more than five miles per hour, on or across a sidewalk in
 such manner as not to interfere with the safety and passage of pedestri-
 ans  thereon, who shall have the right of way, when it is reasonable and
 necessary:
   (a) to gain access to a public highway, private way or lands or build-
 ings adjacent to such highway or way;
   (b) in the conduct of work upon a highway, or upon a  private  way  or
 lands or buildings adjacent to such highway or way[,]; or
   (c)  to  plow  snow  or perform any other public service, for hire, or
 otherwise,  which  could  not  otherwise  be  reasonably  and   properly
 performed.
   §  6.  This act shall take effect immediately; provided, however, that
 section four of this act shall take effect on the same date and  in  the
 same manner as chapter 206 of the laws of 2020, takes effect.