S T A T E   O F   N E W   Y O R K
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                                    572
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   an amnesty program for any person who has received a ticket for opera-
   tion of an electric assisted bicycle and providing an  exception  from
   the  registration  requirement of motor vehicles for electric assisted
   bicycles; and providing for the repeal of such provisions upon expira-
   tion thereof
 
   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 401-c to read as follows:
   § 401-C. ELECTRIC ASSISTED BICYCLE AMNESTY PROGRAM. 1.   NOTWITHSTAND-
 ING  ANY PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT OF MOTOR VEHI-
 CLES SHALL ESTABLISH AN AMNESTY PROGRAM FOR ANY INDIVIDUAL WHO HAS  BEEN
 ISSUED  A  TICKET  FOR  A  VIOLATION OF SECTION FOUR HUNDRED ONE OF THIS
 ARTICLE WHILE OPERATING  AN  ELECTRIC  ASSISTED  BICYCLE.  SUCH  AMNESTY
 PROGRAM SHALL ALLOW ANY PERSON CHARGED WITH A FINE, FEE OR OTHER PENALTY
 FOR A VIOLATION OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE TO HAVE SUCH
 FINE,  FEE  OR OTHER PENALTY WAIVED FOR A PERIOD OF THREE HUNDRED SIXTY-
 FIVE DAYS FROM THE ESTABLISHMENT OF SUCH AMNESTY PROGRAM.
   2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IT SHALL  NOT
 BE  A VIOLATION OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE FOR AN ELEC-
 TRIC ASSISTED BICYCLE TO BE OPERATED OR DRIVEN UPON THE PUBLIC  HIGHWAYS
 OF  THIS  STATE  WITHOUT  FIRST  BEING REGISTERED IN ACCORDANCE WITH THE
 PROVISIONS OF THIS ARTICLE.
   3. AS USED IN THIS SECTION, THE TERM "ELECTRIC ASSISTED BICYCLE" SHALL
 MEAN 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03402-01-1

 A. 572                              2
 
 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. This act shall take effect immediately and shall  expire  and  be
 deemed repealed one year after such date.