Legislation

Search OpenLegislation Statutes

This entry was published on 2024-07-19
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 391-CC*2
Sale of bicycles with electric assist and micromobility devices
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 391-cc. Sale of bicycles with electric assist and micromobility
devices. 1. As used in this section, "micromobility device" shall mean
an electric scooter as defined in section one hundred fourteen-e of the
vehicle and traffic law, an electrical personal assistive mobility
device as defined in section one hundred fourteen-d of the vehicle and
traffic law, or other personal mobility device that has an electric
motor. The term micromobility device shall not include bicycles with
electric assist as defined by section one hundred two-c of the vehicle
and traffic law, limited use motorcycles as defined in section one
hundred twenty-one-b of the vehicle and traffic law, wheelchairs or
other electrically driven mobility assistance devices as defined in
section one hundred thirty-a of the vehicle and traffic law, or any
vehicle that is capable of being registered with the department of motor
vehicles.

2. No person, firm, partnership, association, or corporation shall
sell or offer for sale at retail any bicycle with electric assist as
defined by section one hundred two-c of the vehicle and traffic law or
micromobility device to any person, firm, partnership, association, or
corporation, without supplying a notice to be affixed to such bicycle
with electric assist or micromobility device by the person, firm,
partnership, association, or corporation. Such notice shall have an
adhesive backing, be made from common materials used to affix other
comparable notices or stickers to vehicles and be printed in English and
the two most common non-English languages spoken in the state, based on
the data in the most recent American Community Survey published by the
United States Census Bureau. Such notice shall read:

"NOTICE: Always yield to pedestrians and follow traffic laws. Riding
on the sidewalk may be illegal; consult local laws."

3. The department of state, in consultation with appropriate state
agencies, shall promulgate rules and regulations necessary to implement
the provisions of this section.

4. Violation of this section by the retail entity pursuant to
subdivision two of this section shall be punishable by a fine of not
more than two hundred fifty dollars per stocking unit for the first
offense and not more than one thousand dollars per stocking unit for
each subsequent offense.

5. This section shall not annul, alter, affect, or exempt any person,
firm, partnership, corporation, or association, subject to the
provisions of this section from complying with the laws, ordinances,
rules, or regulations of any locality, relating to the affixing,
labeling, or provision of identification, safety, informational, or
other materials.

* NB There are two § 391-cc's

* NB Effective January 7, 2025