S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3874
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to cargo  bicy-
   cles 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-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:
   § 102-c. Bicycle with electric assist. A bicycle which is no more than
 thirty-six inches wide and has an electric  motor  of  less  than  seven
 hundred  fifty  watts, equipped with operable pedals, meeting the equip-
 ment and manufacturing requirements for bicycles adopted by the Consumer
 Product Safety Commission under 16 C.F.R. Part 1512.1  et  seq.,  EXCEPT
 THAT  THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW,
 ORDINANCE, ORDER, RULE, OR REGULATION  ALLOW  A  BICYCLE  WITH  ELECTRIC
 ASSIST  WHICH  IS  EQUIPPED WITH OPERABLE PEDALS AND NO MORE THAN FORTY-
 EIGHT INCHES WIDE OR HAS AN ELECTRIC MOTOR OF  EQUAL  TO  OR  MORE  THAN
 SEVEN  HUNDRED  FIFTY  WATTS  THAT  IS  MANUFACTURED OR MODIFIED FOR THE
 PURPOSE OF TRANSPORTING PROPERTY  IN  COMMERCE  AND  OPERATED  FOR  THAT
 PURPOSE AND MEETS THE EQUIPMENT AND MANUFACTURING REQUIREMENTS FOR BICY-
 CLES  ADOPTED  BY THE CONSUMER PRODUCT SAFETY COMMISSION UNDER 16 C.F.R.
 PART 1512.1 ET SEQ., and meeting the requirements of one of the  follow-
 ing [three] FOUR classes:
   (a)  "Class one bicycle with electric assist." A bicycle with electric
 assist having an electric motor that provides assistance only  when  the
 person  operating  such  bicycle is pedaling, and that ceases to provide
 assistance when such bicycle reaches a speed of twenty miles per hour.
   (b) "Class two bicycle with electric assist." A bicycle with  electric
 assist  having  an electric motor that may be used exclusively to propel
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04819-01-3
 A. 3874                             2
              

 
 such bicycle, and that is not capable of providing assistance when  such
 bicycle reaches a speed of twenty miles per hour.
   (c)  "Class  three bicycle with electric assist." Solely within a city
 having a population of one million or  more,  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.
   (D)  "CARGO BICYCLE WITH ELECTRIC ASSIST." A BICYCLE DESIGNED TO CARRY
 AND DELIVER MORE THAN TEN CUBIC FEET OF PROPERTY, OR A BICYCLE TOWING  A
 TRAILER DESIGNED TO CARRY PROPERTY, WITH ELECTRIC ASSIST HAVING AN ELEC-
 TRIC  MOTOR THAT PROVIDES ASSISTANCE ONLY WHEN THE PERSON OPERATING SUCH
 BICYCLE IS PEDALING OR THAT MAY BE USED EXCLUSIVELY TO PROPEL SUCH BICY-
 CLE, THAT IS MANUFACTURED OR MODIFIED FOR THE  PURPOSE  OF  TRANSPORTING
 PROPERTY IN COMMERCE AND OPERATED FOR SUCH PURPOSE.  EVERY PERSON RIDING
 A CARGO BICYCLE WITH ELECTRIC ASSIST 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 AND THE RIDER OF A BICYCLE 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.
   §  2.  Subdivisions 4 and 9 of section 1242 of the vehicle and traffic
 law, as added by section 8 of part XX of chapter 58 of the laws of 2020,
 are amended and a new subdivision 11-a is added to read as follows:
   4. (a) No person shall operate a bicycle with electric assist  on  any
 public lands or property, other than a highway exclusive of any greenway
 running  adjacent  to or connected with a highway, except that a bicycle
 with electric assist may be operated on any such lands  that  have  been
 designated  and  posted  for  travel by bicycles with electric assist in
 accordance with the provisions of paragraph (b) of this subdivision. For
 the purposes of this subdivision, the term  "greenway"  shall  have  the
 same  meaning  as  such  term is defined by subdivision seven of section
 44-0103 of the environmental conservation law  and  subdivision  one  of
 section 39.03 of the parks, recreation and historic preservation law.
   (b)  A  state  agency,  by  regulation  or  order, and a city, town or
 village, by local law or ordinance, may designate any appropriate public
 lands and properties under its jurisdiction, other than highways  exclu-
 sive of any greenway running adjacent to or connected with a highway, as
 a  place  open  for travel by bicycles with electric assist upon written
 request for such designation by any person, and may impose  restrictions
 and  conditions  for  the regulation and safe operation of bicycles with
 electric assist on such public lands or  property,  such  as  travel  on
 designated trails and hours of operation.
   (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
 SUBDIVISION, NO PERSON SHALL  OPERATE  A  CARGO  BICYCLE  WITH  ELECTRIC
 ASSIST  ON  ANY PUBLIC LANDS OR PROPERTY, OTHER THAN A HIGHWAY EXCLUSIVE
 OF ANY GREENWAY OR PARK ROADWAY RUNNING ADJACENT TO OR CONNECTED WITH  A
 HIGHWAY.
   9. No person shall operate a class one or class two bicycle with elec-
 tric  assist in excess of twenty miles per hour. No person shall operate
 a class three bicycle with electric  assist  in  excess  of  twenty-five
 miles  per  hour.  NO PERSON SHALL OPERATE A CARGO BICYCLE WITH ELECTRIC
 ASSIST IN EXCESS OF TWELVE MILES PER HOUR UNLESS OTHERWISE AUTHORIZED BY
 LOCAL LAW, ORDINANCE, ORDER, RULE,  OR  REGULATION  OR  PURSUANT  TO  AN
 AGREEMENT MADE ON BEHALF OF A CITY, TOWN, OR VILLAGE.
   11-A.  NO  PERSON  SHALL  OPERATE A CARGO BICYCLE WITH ELECTRIC ASSIST
 UNLESS IT IS ACCOMPANIED BY PROOF OF FINANCIAL SECURITY UNLESS OTHERWISE
 A. 3874                             3
 
 AUTHORIZED BY LOCAL LAW, ORDINANCE, ORDER, RULE, OR REGULATION OR PURSU-
 ANT TO AN AGREEMENT MADE ON BEHALF OF THE CITY, TOWN, OR VILLAGE.
   § 3. This act shall take effect immediately.