NY State Senate Bill 2021-S3912

Senate Bill S3912

2021-2022 Legislative Session

Relates to establishing an amnesty program for any person who has received a ticket for operation of an electric assisted bicycle

download bill text pdf

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
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Feb 01, 2021	referred to transportation

2021-S3912 (ACTIVE) - Details

See Assembly Version of this Bill:: A572
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §401-c, V & T L
Versions Introduced in 2019-2020 Legislative Session:: S6563, A8443

2021-S3912 (ACTIVE) - Summary

Establishes an amnesty program for any person who has received a ticket for operation of an electric assisted bicycle and provides an exception from the registration requirement of motor vehicles for electric assisted bicycles.

2021-S3912 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3912

SPONSOR: KENNEDY
 
TITLE OF BILL:

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 bicy-
cles; and providing for the repeal of such provisions upon expiration
thereof

 
PURPOSE:

To establish an amnesty program for any person who has received a ticket
for operation of an electric assisted bicycle

 
SUMMARY OF PROVISIONS:

Section 1 creates an amnesty program for any individual that has
received a ticket for operating an electric assisted bicycle and a mora-

torium on the issuance of future ticketing regarding the operation of
electric assisted bicycle

Section 2 establishes the effective date.

 
JUSTIFICATION:

In New York City thousands of food delivery workers rely on e-bicycles
to earn a living wage. Currently, these drivers and others are faced
with huge fines and fees if caught operating an electric assisted bicy-
cle. The widespread adoption of e-bikes has been driven by individuals
who have typically faced barriers to other modes of transportation,
including lower-income riders, female riders, and riders of color.

This legislation is designed to prevent the excessive ticketing of
e-bike operators, and alleviate the financial burden on those who have
illegally operated electric assisted bicycles.

 
LEGISLATIVE HISTORY:

2019-2020: Referred to Transportation

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed one year after such date.

2021-S3912 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3912
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 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
 OUTPUT  OF  LESS THAN SEVEN HUNDRED FIFTY WATTS; HAVE A MAXIMUM SPEED OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03402-01-1

 S. 3912                             2
 
 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.

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