S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8145
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  PIROZZOLO  --  read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to enacting the
   "responsible implementation of e-bike  regulations  for  safe  cycling
   (RIDERS)  act";  and  to  repeal certain provisions of the vehicle and
   traffic law, relating to motor-assisted vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act may be known and shall be cited as
 the "responsible implementation of e-bike regulations for  safe  cycling
 (RIDERS) act."
   § 2. The vehicle and traffic law is amended by adding two new sections
 114-f and 114-g to read as follows:
   §  114-F.  ELECTRIC  SKATEBOARD.  EVERY  DEVICE WEIGHING LESS THAN ONE
 HUNDRED POUNDS THAT:
   (A) MAY HAVE HANDLEBARS, A FLOORBOARD DESIGNED TO BE STOOD UPON BY THE
 OPERATOR THAT IS NO MORE THAN SIXTY  INCHES  LONG  AND  EIGHTEEN  INCHES
 WIDE, AND AN ELECTRIC MOTOR;
   (B) CAN BE POWERED BY AN ELECTRIC MOTOR AND/OR HUMAN POWER;
   (C) IS DESIGNED TO TRANSPORT ONLY ONE PERSON AT A TIME; AND
   (D)  HAS A MAXIMUM SPEED OF NO MORE THAN TWENTY-FIVE MILES PER HOUR ON
 A PAVED LEVEL SURFACE WHEN POWERED SOLELY BY THE ELECTRIC MOTOR.
   § 114-G. ELECTRIC PERSONAL MOBILITY DEVICE. SUCH DEVICE SHALL INCLUDE,
 BUT NOT BE LIMITED TO, AN ELECTRIC BICYCLE WITH  ASSIST  AS  DEFINED  IN
 SECTION  ONE  HUNDRED TWO-C OF THIS ARTICLE, ELECTRIC SCOOTER AS DEFINED
 IN SECTION ONE HUNDRED FOURTEEN-E OF THIS ARTICLE AND AN ELECTRIC SKATE-
 BOARD AS DEFINED IN SECTION ONE HUNDRED FOURTEEN-F OF THIS ARTICLE.
   § 3. Subdivision (c) of section 102-c of the vehicle and traffic  law,
 as  added  by section 1 of part XX of chapter 58 of the laws of 2020, is
 amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13340-02-3
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   (c) "Class three bicycle with electric assist." [Solely within a  city
 having  a  population of one million or more, a] A bicycle with electric
 assist having an electric motor that may be used exclusively  to  propel
 such  bicycle, and that is not capable of providing assistance when such
 bicycle reaches a speed of twenty-five miles per hour.
   § 4. Section 2268 of the vehicle and traffic law is REPEALED.
   §  5.  The  vehicle and traffic law is amended by adding a new article
 15-B to read as follows:
                               ARTICLE 15-B
            REGISTRATION OF ELECTRIC PERSONAL MOBILITY DEVICES
 SECTION 414-A. REGISTRATION OF ELECTRIC PERSONAL MOBILITY DEVICES.
   § 414-A. REGISTRATION OF ELECTRIC PERSONAL MOBILITY DEVICES.  1.    NO
 ELECTRIC  PERSONAL  MOBILITY  DEVICE  SHALL  BE OPERATED AND DRIVEN UPON
 PUBLIC HIGHWAYS OF THIS STATE WITHOUT FIRST BEING  REGISTERED  WITH  THE
 PROVISIONS  OF  THIS  SECTION, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN
 THIS CHAPTER. THE COMMISSIONER IS DIRECTED TO CREATE A NEW  REGISTRATION
 CATEGORY  AND  PROCESS  FOR  ELECTRIC  PERSONAL MOBILITY DEVICES.   SUCH
 REGISTRATION CATEGORY SHALL APPLY TO  ALL  TYPES  OF  ELECTRIC  PERSONAL
 MOBILITY  DEVICES, INCLUDING, BUT NOT LIMITED TO, BICYCLES WITH ELECTRIC
 ASSIST, ELECTRIC SCOOTERS, AND ELECTRIC SKATEBOARDS PROVIDED  THAT  SUCH
 DEVICES  HAVE  THE ABILITY TO MEET OR EXCEED A SPEED OF TWENTY MILES PER
 HOUR WHILE USING MOTORIZED POWER. THE COMMISSIONER SHALL ALSO  HAVE  THE
 AUTHORITY  TO ADD ADDITIONAL TYPES OF ELECTRIC PERSONAL MOBILITY DEVICES
 TO THE LIST OF AUTHORIZED DEVICES REQUIRED TO  BE  REGISTERED,  INSURED,
 AND ONLY OPERATED BY A LICENSED OPERATOR.
   2.  THE  COMMISSIONER IS DIRECTED TO COORDINATE WITH ELECTRIC PERSONAL
 MOBILITY DEVICE MANUFACTURERS TO  DEVELOP  A  UNIQUE  IDENTIFIER  TO  BE
 PERMANENTLY  AFFIXED IN PLAIN VIEW ON SUCH DEVICES BEFORE PURCHASE. SUCH
 DEVICES PURCHASED OR MANUFACTURED BEFORE  THE  EFFECTIVE  DATE  OF  THIS
 SECTION  SHALL  NOT  REQUIRE A UNIQUE IDENTIFIER. OWNERS OF SUCH DEVICES
 SHALL BE LIABLE UNDER THE SPECIFIC PROVISIONS OF  THIS  LAW,  INCLUDING,
 BUT NOT LIMITED TO, LICENSURE AND REGISTRATION OF SUCH DEVICES.
   3.  THE  VIOLATION  OF  ANY OF THE PROVISIONS OF THIS SECTION SHALL BE
 PUNISHABLE BY A FINE OF NOT LESS THAN FIFTY NOR MORE THAN THREE  HUNDRED
 SEVENTY-FIVE DOLLARS, AND CONFISCATION OF SUCH ELECTRIC PERSONAL MOBILI-
 TY  DEVICE  FOR  A  PERIOD OF THIRTY DAYS, PROVIDED, HOWEVER THAT IN THE
 EVENT OF CONFISCATION, THE LICENSEE OR A PARENT OR GUARDIAN OF THE OPER-
 ATOR OF SUCH DEVICE SHALL HAVE THIRTY DAYS AFTER REPOSSESSION TO  OBTAIN
 PROPER  REGISTRATION  AND/OR  LICENSURE  OF  THE DEVICE. IN THE EVENT OF
 FAILURE TO OBTAIN PROPER REGISTRATION AND/OR  LICENSURE  OF  THE  DEVICE
 WITHIN THIRTY DAYS, THE DEPARTMENT MAY SUSPEND THE OPERATOR'S LICENSE TO
 OPERATE  SUCH  DEVICE  AND/OR  CONFISCATE THE DEVICE UNTIL THE OWNER CAN
 FURNISH PROOF OF PROPER REGISTRATION AND LICENSURE.
   4. (A) NO PERSON UNDER THE AGE OF SIXTEEN SHALL  OPERATE  AN  ELECTRIC
 PERSONAL  MOBILITY  DEVICE, AS DEFINED IN SECTION ONE HUNDRED FOURTEEN-G
 OF THIS CHAPTER. ANY PERSON UNDER THE  AGE  OF  SIXTEEN  MAY  SIT  AS  A
 PASSENGER  ON A CLASS TWO OR CLASS THREE BICYCLE WITH ELECTRIC ASSIST AS
 DEFINED IN SECTION ONE HUNDRED TWO-C  OF  THIS  CHAPTER,  PROVIDED  SUCH
 BICYCLE IS EQUIPPED OR DESIGNED TO CARRY A PASSENGER.
   (B)  NO  PERSON  SHALL  OPERATE  OR  SIT AS A PASSENGER ON AN ELECTRIC
 PERSONAL MOBILITY DEVICE, UNLESS SUCH PERSON IS WEARING PROTECTIVE HEAD-
 GEAR THAT CONFORMS TO THE MINIMUM SPECIFICATIONS ESTABLISHED FOR BICYCLE
 HELMETS BY THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION  OR  THE
 AMERICAN SOCIETY FOR TESTING AND MATERIALS.
   5.  AN ELECTRIC PERSONAL MOBILITY DEVICE MAY BE RIDDEN IN PLACES WHERE
 BICYCLES ARE ALLOWED, INCLUDING, BUT NOT LIMITED TO, STREETS,  ROADWAYS,
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 HIGHWAYS,  SHOULDERS,  BICYCLE  LANES,  AND  BICYCLE OR MULTI-USE PATHS.
 FOLLOWING NOTICE AND AT LEAST ONE  PUBLIC  HEARING,  A  COUNTY,  MUNICI-
 PALITY,  OR  OTHER POLITICAL SUBDIVISION OF THE STATE THAT HAS JURISDIC-
 TION  OVER  A  BICYCLE  OR  MULTI-USE PATH MAY PROHIBIT THE OPERATION OF
 ELECTRIC PERSONAL MOBILITY DEVICES ON BICYCLE OR MULTI-USE PATHS  IF  IT
 IS FOUND THAT THE PROHIBITION IS NEEDED FOR SAFETY REASONS OR COMPLIANCE
 WITH LOCAL LAWS OR ORDINANCES.
   6.  (A)  THE COMMISSIONER SHALL SUBMIT ON OR BEFORE JANUARY FIRST, TWO
 THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER, AN ANNUAL REPORT  TO  THE
 GOVERNOR,  THE  SPEAKER  OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE
 SENATE, THE MINORITY LEADER OF THE SENATE, AND THE  MINORITY  LEADER  OF
 THE  ASSEMBLY ON THE NUMBER OF ELECTRIC PERSONAL MOBILITY DEVICES REGIS-
 TERED, ANNUAL DATA ON ANY VIOLATIONS OF THIS LAW BY UNLICENSED OR UNREG-
 ISTERED OPERATION, NUMBER OF CRIMINAL CITATIONS ISSUED RELATED  TO  SUCH
 ELECTRIC  PERSONAL  MOBILITY  DEVICES AND REVENUES COLLECTED PURSUANT TO
 THIS SECTION.
   (B) SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,  RECOMMENDATIONS
 ON  HOW TO IMPROVE THE EFFECTIVENESS OF THIS SECTION FOR THE PURPOSES OF
 INCREASED USER AND PEDESTRIAN SAFETY, AS WELL AS RECOMMENDATIONS ON  THE
 ISSUE OF FIRE SAFETY AND MAINTENANCE.
   § 6. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.