Bill Text: NY A01388 | 2019-2020 | General Assembly | Introduced
Bill Title: Defines "electric assisted bicycles" and implements additional requirements for operating such bicycles.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A01388 Detail]
Download: New_York-2019-A01388-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1388 2019-2020 Regular Sessions IN ASSEMBLY January 15, 2019 ___________ Introduced by M. of A. PERRY, SANTABARBARA, JOHNS, JEAN-PIERRE, FAHY, STECK, CARROLL, THIELE, LUPARDO, LIFTON, SIMON, ABINANTI, ARROYO, SEAWRIGHT, COLTON, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A. EPSTEIN -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, the highway law and the general municipal law, in relation to the regulation of electric assisted bicycles The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 102-c to read as follows: 3 § 102-c. Electric assisted bicycle. A bicycle equipped with fully 4 operable pedals and an electric motor with an output of less than seven 5 hundred fifty watts (one horsepower) whereby such electric motor engages 6 only when the operator is pedaling and disengages or ceases to function 7 when such bicycle's brakes are applied, the operator stops pedaling, or 8 such bicycle achieves a speed of twenty miles per hour or more. 9 § 2. Section 121-b of the vehicle and traffic law, as amended by chap- 10 ter 160 of the laws of 1981, is amended to read as follows: 11 § 121-b. Limited use motorcycle. A limited use vehicle having only two 12 or three wheels, with a seat or saddle for the operator, except electric 13 assisted bicycles as defined in section one hundred two-c of this arti- 14 cle. A limited use motorcycle having a maximum performance speed[,] of 15 more than thirty miles per hour but not more than forty miles per hour 16 shall be a class A limited use motorcycle. A limited use motorcycle 17 having a maximum performance speed of more than twenty miles per hour 18 but not more than thirty miles per hour, shall be a class B limited use 19 motorcycle. A limited use motorcycle having a maximum performance speed 20 of not more than twenty miles per hour shall be a class C limited use 21 motorcycle. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05810-01-9A. 1388 2 1 § 3. Section 125 of the vehicle and traffic law, as amended by chapter 2 365 of the laws of 2008, is amended to read as follows: 3 § 125. Motor vehicles. Every vehicle operated or driven upon a public 4 highway which is propelled by any power other than muscular power, 5 except (a) electrically-driven mobility assistance devices operated or 6 driven by a person with a disability, (a-1) electric personal assistive 7 mobility devices operated outside a city with a population of one 8 million or more, (b) vehicles which run only upon rails or tracks, (c) 9 snowmobiles as defined in article forty-seven of this chapter, [and] (d) 10 all terrain vehicles as defined in article forty-eight-B of this 11 chapter, and (e) electric assisted bicycles as defined in section one 12 hundred two-c of this article. For the purposes of title four of this 13 chapter, the term motor vehicle shall exclude fire and police vehicles 14 other than ambulances. For the purposes of titles four and five of this 15 chapter the term motor vehicles shall exclude farm type tractors and all 16 terrain type vehicles used exclusively for agricultural purposes, or for 17 snow plowing, other than for hire, farm equipment, including self-pro- 18 pelled machines used exclusively in growing, harvesting or handling farm 19 produce, and self-propelled caterpillar or crawler-type equipment while 20 being operated on the contract site. 21 § 4. Section 159 of the vehicle and traffic law is amended to read as 22 follows: 23 § 159. Vehicle. Every device in, upon, or by which any person or prop- 24 erty is or may be transported or drawn upon a highway, except devices 25 moved by human power or used exclusively upon stationary rails or tracks 26 and electric assisted bicycles as defined in section one hundred two-c 27 of this article. 28 § 5. Section 1230 of the vehicle and traffic law, subdivision (b) as 29 amended by chapter 694 of the laws of 1995, is amended to read as 30 follows: 31 § 1230. Effect of regulations. (a) The parent of any child and the 32 guardian of any ward shall not authorize or knowingly permit any such 33 child or ward to violate any of the provisions of this article. 34 (b) These regulations applicable to bicycles, electric assisted bicy- 35 cles, or to in-line skates shall apply whenever a bicycle or electric 36 assisted bicycle is, or in-line skates are, operated upon any highway, 37 upon private roads open to public motor vehicle traffic and upon any 38 path set aside for the exclusive use of bicycles, electric assisted 39 bicycles, or in-line skates, or [both] all. 40 § 6. Section 1231 of the vehicle and traffic law, as amended by chap- 41 ter 694 of the laws of 1995, is amended to read as follows: 42 § 1231. Traffic laws apply to persons riding bicycles or electric 43 assisted bicycles or skating or gliding on in-line skates. Every person 44 riding a bicycle or electric assisted bicycle or skating or gliding on 45 in-line skates upon a roadway shall be granted all of the rights and 46 shall be subject to all of the duties applicable to the driver of a 47 vehicle by this title, except as to special regulations in this article 48 and except as to those provisions of this title which by their nature 49 can have no application. 50 § 7. Section 1232 of the vehicle and traffic law is amended to read as 51 follows: 52 § 1232. Riding on bicycles and electric assisted bicycles. (a) A 53 person propelling a bicycle or electric assisted bicycle shall not ride 54 other than upon or astride a permanent and regular seat attached there- 55 to, nor shall he ride with his feet removed from the pedals.A. 1388 3 1 (b) No bicycle or electric assisted bicycle shall be used to carry 2 more persons at one time than the number for which it is designed and 3 equipped. 4 § 8. The vehicle and traffic law is amended by adding a new section 5 1232-a to read as follows: 6 § 1232-a. Additional requirements for operating an electric assisted 7 bicycle. (a) No person shall operate or park an electric assisted bicy- 8 cle on any public highway or street in this state unless a legible label 9 is permanently affixed by the bicycle or pedal assisted motor manufac- 10 turer, in a prominent location, on such person's electric assisted bicy- 11 cle. Such label shall contain the maximum speed, and motor wattage of 12 the electric assisted bicycle, and shall be printed in arial font in at 13 least nine-point type. On and after January first, two thousand twen- 14 ty-one, manufacturers and distributors of electric assisted bicycles 15 shall apply a label that is permanently affixed, in a prominent 16 location, to each electric assisted bicycle. The label shall contain the 17 top assisted speed, and motor wattage of electric assisted bicycle, and 18 shall be printed in arial font in at least nine-point type. 19 (b) No person shall permit any label required by subdivision (a) of 20 this section to be affixed to an electric assisted bicycle to become 21 illegible. 22 (c) No person or entity shall park or otherwise make available any 23 electric assisted bicycle for use or operation by another on any public 24 highway or street in the state unless a legible label is permanently 25 affixed in a manner which meets the requirements of paragraph (a) of 26 this section. 27 (d) The court shall waive any fine for which a person who violates the 28 provisions of paragraph (a) of this section is liable if such person 29 supplies the court with (1) proof that between the date of violation and 30 the appearance date for such violation, such label was repaired or 31 replaced in a manner which meets the requirements of paragraph (a) of 32 this section; or (2) proof that such electric assisted bicycle had been 33 operated in violation of this section within the duration of a short 34 term lease or other agreement. 35 (e) Every manufacturer of an electric assisted bicycle shall certify, 36 at a minimum, that it complies with the equipment and manufacturing 37 requirements for bicycles adopted by the United States consumer product 38 safety commission (16 C.F.R. 1512.1, et seq.). 39 § 9. Subdivision 1 of section 1233 of the vehicle and traffic law, as 40 amended by chapter 703 of the laws of 2004, is amended to read as 41 follows: 42 1. No person riding upon any bicycle, electric assisted bicycle, 43 coaster, in-line skates, roller skates, skate board, sled, or toy vehi- 44 cle shall attach the same or himself or herself to any vehicle being 45 operated upon a roadway. 46 § 10. Section 1234 of the vehicle and traffic law, as amended by chap- 47 ter 16 of the laws of 1996, is amended to read as follows: 48 § 1234. Riding on roadways, shoulders, bicycle, electric assisted 49 bicycle or in-line skate lanes and bicycle or in-line skate paths. (a) 50 Upon all roadways, any bicycle, electric assisted bicycle or in-line 51 skate shall be driven either on a usable bicycle or in-line skate lane 52 or, if a usable bicycle or in-line skate lane has not been provided, 53 near the right-hand curb or edge of the roadway or upon a usable right- 54 hand shoulder in such a manner as to prevent undue interference with the 55 flow of traffic except when preparing for a left turn or when reasonably 56 necessary to avoid conditions that would make it unsafe to continueA. 1388 4 1 along near the right-hand curb or edge. Conditions to be taken into 2 consideration include, but are not limited to, fixed or moving objects, 3 vehicles, bicycles, electric assisted bicycles, in-line skates, pedes- 4 trians, animals, surface hazards or traffic lanes too narrow for a bicy- 5 cle, or electric assisted bicycle or person on in-line skates and a 6 vehicle to travel safely side-by-side within the lane. 7 (b) Persons riding bicycles or electric assisted bicycles or skating 8 or gliding on in-line skates upon a roadway shall not ride more than two 9 abreast. Persons riding bicycles or electric assisted bicycles or skat- 10 ing or gliding on in-line skates upon a shoulder, bicycle or in-line 11 skate lane, or bicycle or in-line skates path, intended for the use of 12 bicycles or in-line skates may ride two or more abreast if sufficient 13 space is available, except that when passing a vehicle, bicycle, elec- 14 tric assisted bicycle or person on in-line skates, or pedestrian, stand- 15 ing or proceeding along such shoulder, lane or path, persons riding 16 bicycles or electric assisted bicycles or skating or gliding on in-line 17 skates shall ride, skate, or glide single file. Persons riding bicycles 18 or electric assisted bicycles or skating or gliding on in-line skates 19 upon a roadway shall ride, skate, or glide single file when being over- 20 taken by a vehicle. 21 (c) Any person operating a bicycle or electric assisted bicycle or 22 skating or gliding on in-line skates who is entering the roadway from a 23 private road, driveway, alley or over a curb shall come to a full stop 24 before entering the roadway. 25 § 11. Section 1235 of the vehicle and traffic law, as amended by chap- 26 ter 703 of the laws of 2004, is amended to read as follows: 27 § 1235. Carrying articles. No person operating a bicycle or electric 28 assisted bicycle shall carry any package, bundle, or article which 29 prevents the driver from keeping at least one hand upon the handle bars. 30 No person skating or gliding on in-line skates shall carry any package, 31 bundle, or article which obstructs his or her vision in any direction. 32 No person operating a skate board shall carry any package, bundle, or 33 article which obstructs his or her vision in any direction. 34 § 12. Section 1236 of the vehicle and traffic law, subdivision (a) as 35 amended by chapter 16 of the laws of 2009 and subdivisions (d) and (e) 36 as added by chapter 887 of the laws of 1976, is amended to read as 37 follows: 38 § 1236. Lamps and other equipment on bicycles and electric assisted 39 bicycles. (a) Every bicycle or electric assisted bicycle when in use 40 during the period from one-half hour after sunset to one-half hour 41 before sunrise shall be equipped with a lamp on the front which shall 42 emit a white light visible during hours of darkness from a distance of 43 at least five hundred feet to the front and with a red or amber light 44 visible to the rear for three hundred feet. Effective July first, nine- 45 teen hundred seventy-six, at least one of these lights shall be visible 46 for two hundred feet from each side. 47 (b) No person shall operate a bicycle or electric assisted bicycle 48 unless it is equipped with a bell or other device capable of giving a 49 signal audible for a distance of at least one hundred feet, except that 50 a bicycle or electric assisted bicycle shall not be equipped with nor 51 shall any person use upon a bicycle or electric assisted bicycle any 52 siren or whistle. 53 (c) Every bicycle or electric assisted bicycle shall be equipped with 54 a brake which will enable the operator to make the braked wheels skid on 55 dry, level, clean pavement, provided, however, such brake of an electricA. 1388 5 1 assisted bicycle shall also operate in a manner so that the electric 2 motor is disengaged or ceases to function when the brake is applied. 3 (d) Every new bicycle or electric assisted bicycle shall be equipped 4 with reflective tires or, alternately, a reflex reflector mounted on the 5 spokes of each wheel, said tires and reflectors to be of types approved 6 by the commissioner. The reflex reflector mounted on the front wheel 7 shall be colorless or amber, and the reflex reflector mounted on the 8 rear wheel shall be colorless or red. 9 (e) Every bicycle or electric assisted bicycle when in use during the 10 period from one-half hour after sunset to one-half hour before sunrise 11 shall be equipped with reflective devices or material meeting the stand- 12 ards established by rules and regulations promulgated by the commission- 13 er; provided, however, that such standards shall not be inconsistent 14 with or otherwise conflict with the requirements of subdivisions (a) and 15 (d) of this section. 16 § 13. Section 1238 of the vehicle and traffic law, as amended by chap- 17 ter 267 of the laws of 1993, paragraph (a) of subdivision 2 and para- 18 graphs (a) and (b) of subdivision 5 as amended by chapter 457 of the 19 laws of 1999, subdivisions 2-a, 5-a, 9 and 10 and paragraph (c) of 20 subdivision 6 as amended by chapter 703 of the laws of 2004, subdivision 21 5 as amended by chapter 132 of the laws of 1994, subdivision 5-b as 22 added and paragraph (a) of subdivision 6 as amended by chapter 402 of 23 the laws of 2001 and subdivision 8 as amended by chapter 694 of the laws 24 of 1995, is amended to read as follows: 25 § 1238. Passengers on bicycles or electric assisted bicycles under one 26 year of age prohibited; passengers and operators under fourteen years of 27 age to wear protective headgear. 1. No person operating a bicycle or 28 electric assisted bicycle shall allow a person who is under one year of 29 age to ride as a passenger on a bicycle or electric assisted bicycle nor 30 shall such person be carried in a pack fastened to the operator. A first 31 violation of the provisions of this subdivision shall result in no fine. 32 A second violation shall result in a civil fine not to exceed fifty 33 dollars. 34 2. No person operating a bicycle or electric assisted bicycle shall 35 allow a person one or more years of age and less than five years of age 36 to ride as a passenger on a bicycle or electric assisted bicycle unless: 37 (a) such passenger is wearing a helmet meeting standards established 38 by the commissioner. For the purposes of this subdivision wearing a 39 helmet means having a helmet of good fit fastened securely upon the head 40 with the helmet straps; and 41 (b) such passenger is placed in a separate seat attached to the bicy- 42 cle or electric assisted bicycle and such seat shall have adequate 43 provision for retaining the passenger in place and for protecting the 44 passenger from the moving parts of the bicycle or electric assisted 45 bicycle. 46 2-a. The commissioner shall promulgate rules and regulations estab- 47 lishing standards for helmets required to be worn while bicycling, 48 in-line skating, or operating a skate board. Such standards, to the 49 extent practicable, shall reflect the standards recommended by the Snell 50 Memorial Foundation, Safety Equipment Institute, or United States 51 Consumer Product Safety Commission. 52 3. Any person who violates the provisions of subdivision two of this 53 section shall pay a civil fine not to exceed fifty dollars. 54 4. The court shall waive any fine for which a person who violates the 55 provisions of paragraph (a) of subdivision two of this section would be 56 liable if such person supplies the court with proof that between theA. 1388 6 1 date of violation and the appearance date for such violation such person 2 purchased or rented a helmet, which meets the requirements of paragraph 3 (a) of subdivision two of this section. Further, the court shall waive 4 any fine for which a person who violates the provisions of paragraph (b) 5 of subdivision two of this section would be liable if such person 6 supplies the court with proof that between the date of violation and the 7 appearance date for such violation such person purchased or rented a 8 seat which meets the requirements of paragraph (b) of subdivision two of 9 this section. The court may waive any fine for which a person who 10 violates the provisions of subdivision two of this section would be 11 liable if the court finds that due to reasons of economic hardship such 12 person was unable to purchase a helmet or seat. Such waiver of fine 13 shall not apply to a second or subsequent conviction under paragraph (a) 14 or (b) of subdivision two of this section. 15 5. (a) No person operating a bicycle or electric assisted bicycle 16 shall allow a person five or more years of age and less than fourteen 17 years of age to ride as a passenger on a bicycle or electric assisted 18 bicycle unless such passenger is wearing a helmet meeting standards 19 established by the commissioner. 20 (b) No person, one or more years of age and less than fourteen years 21 of age, shall operate a bicycle or electric assisted bicycle unless such 22 person is wearing a helmet meeting standards established by the commis- 23 sioner. 24 (c) For the purposes of this subdivision wearing a helmet means having 25 a helmet of good fit fastened securely upon the head with the helmet 26 straps. 27 5-a. No person, one or more years of age and less than fourteen years 28 of age, shall skate or glide on in-line skates or a skate board unless 29 such person is wearing a helmet meeting standards established by the 30 commissioner. For the purposes of this subdivision, wearing a helmet 31 means having a helmet of good fit fastened securely on the head of such 32 wearer with the helmet straps securely fastened. 33 5-b. No person less than fourteen years of age shall ride upon, propel 34 or otherwise operate a two-wheeled vehicle commonly called a scooter 35 unless such person is wearing a helmet meeting standards established by 36 the commissioner. As used in this subdivision, wearing a helmet means 37 having a properly fitting helmet fixed securely on the head of such 38 wearer with the helmet straps securely fastened. 39 6. (a) Any person who violates the provisions of subdivision five, 40 five-a or five-b of this section shall pay a civil fine not to exceed 41 fifty dollars. 42 (b) The court shall waive any fine for which a person who violates the 43 provisions of subdivision five of this section would be liable if such 44 person supplies the court with proof that between the date of violation 45 and the appearance date for such violation such person purchased or 46 rented a helmet. 47 (c) The court may waive any fine for which a person who violates the 48 provisions of subdivision five, five-a, or five-b of this section would 49 be liable if the court finds that due to reasons of economic hardship 50 such person was unable to purchase a helmet or due to such economic 51 hardship such person was unable to obtain a helmet from the statewide 52 in-line skate and bicycle helmet distribution program, as established in 53 section two hundred six of the public health law, or a local distrib- 54 ution program. 55 7. The failure of any person to comply with the provisions of this 56 section shall not constitute contributory negligence or assumption ofA. 1388 7 1 risk, and shall not in any way bar, preclude or foreclose an action for 2 personal injury or wrongful death by or on behalf of such person, nor in 3 any way diminish or reduce the damages recoverable in any such action. 4 8. A police officer shall only issue a summons for a violation of 5 subdivision two, five, or five-a of this section by a person less than 6 fourteen years of age to the parent or guardian of such person if the 7 violation by such person occurs in the presence of such person's parent 8 or guardian and where such parent or guardian is eighteen years of age 9 or more. Such summons shall only be issued to such parent or guardian, 10 and shall not be issued to the person less than fourteen years of age. 11 9. Subdivisions five, five-a, five-b, and six of this section shall 12 not be applicable to any county, city, town or village that has enacted 13 a local law or ordinance prior to the effective date of this subdivision 14 that prohibits a person who is one or more years of age and less than 15 fourteen years of age from operating a bicycle, electric assisted bicy- 16 cle or skating or gliding on in-line skates or a skate board without 17 wearing a bicycle helmet meeting the standards of the American National 18 Standards Institute (Ansi Z 90.4 bicycle helmet standards), the Snell 19 Memorial Foundation's Standards for Protective Headgear for use in Bicy- 20 cling, or the American Society of Testing and Materials (ASTM) bike 21 helmet standards, or that prohibits a person operating a bicycle or 22 electric assisted bicycle from allowing a person five or more years of 23 age and less than fourteen years of age to ride as a passenger on a 24 bicycle or electric assisted bicycle unless such passenger is wearing a 25 bicycle helmet that meets such standards. The failure of any person to 26 comply with any such local law or ordinance shall not constitute contri- 27 butory negligence or assumption of risk, and shall not in any way bar, 28 preclude or foreclose an action for personal injury or wrongful death by 29 or on behalf of such person, nor in any way diminish or reduce the 30 damages recoverable in any such action. The legislative body of a coun- 31 ty, city, town or village may enact a local law or ordinance that 32 prohibits a person who is fourteen or more years of age from skating or 33 gliding on in-line skates, operating a skate board, or operating or 34 riding as a passenger on a bicycle or electric assisted bicycle without 35 wearing a bicycle helmet. 36 10. No person shall skate or glide on in-line skates or a skate board 37 outside during the period of time between one-half hour after sunset and 38 one-half hour before sunrise unless such person is wearing readily visi- 39 ble reflective clothing or material which is of a light or bright color. 40 § 14. Section 1240 of the vehicle and traffic law, as added by chapter 41 468 of the laws of 2001, is amended to read as follows: 42 § 1240. Leaving the scene of an incident involving a wheeled non-mo- 43 torized means of conveyance or an electric assisted bicycle without 44 reporting in the second degree. 1. Any person age eighteen years or 45 older operating a wheeled non-motorized means of conveyance, including, 46 but not limited to bicycles, in-line skates, roller skates and skate 47 boards or an electric assisted bicycle as defined in section one hundred 48 two-c of this chapter, who, knowing or having cause to know, that phys- 49 ical injury, as defined in subdivision nine of section 10.00 of the 50 penal law, has been caused to another person, due to the operation of 51 such non-motorized means of conveyance, or electric assisted bicycle by 52 such person, shall, before leaving the place where the said physical 53 injury occurred, stop, and provide his name and residence, including 54 street and street number, to the injured party, if practical, and also 55 to a police officer, or in the event that no police officer is in the 56 vicinity of the place of said injury, then such person shall report saidA. 1388 8 1 incident as soon as physically able to the nearest police station or 2 judicial officer. 3 2. Leaving the scene of an incident involving a wheeled non-motorized 4 means of conveyance, or an electric assisted bicycle without reporting 5 in the second degree is a violation. 6 § 15. Section 1241 of the vehicle and traffic law, as added by chapter 7 468 of the laws of 2001, is amended to read as follows: 8 § 1241. Leaving the scene of an incident involving a wheeled non-mo- 9 torized means of conveyance, or an electric assisted bicycle, without 10 reporting in the first degree. 1. Any person age eighteen years or 11 older operating a wheeled non-motorized means of conveyance, including, 12 but not limited to bicycles, in-line skates, roller skates and skate 13 boards or an electric assisted bicycle as defined in section one hundred 14 two-c of this chapter, who, knowing or having cause to know, that seri- 15 ous physical injury, as defined in subdivision ten of section 10.00 of 16 the penal law, has been caused to another person, due to the operation 17 of such non-motorized means of conveyance, or electric assisted bicycle 18 by such person, shall, before leaving the place where the said serious 19 physical injury occurred, stop, and provide his name and residence, 20 including street and street number, to the injured party, if practical, 21 and also to a police officer, or in the event that no police officer is 22 in the vicinity of the place of said injury, then such person shall 23 report said incident as soon as physically able to the nearest police 24 station or judicial officer. 25 2. Leaving the scene of an incident involving a wheeled non-motorized 26 means of conveyance, or an electric assisted bicycle without reporting 27 in the first degree is a class B misdemeanor. 28 § 16. The vehicle and traffic law is amended by adding a new section 29 1242 to read as follows: 30 § 1242. Tampering with an electric assisted bicycle. 1. No person 31 shall tamper with or modify an electric assisted bicycle to: 32 (a) increase the output of such bicycle to seven hundred fifty watts 33 or greater; 34 (b) engage the electric motor when: 35 (i) the operator of such bicycle is not pedaling; 36 (ii) the operator of such bicycle has applied the brakes; or 37 (iii) such bicycle has achieved a speed of twenty miles per hour or 38 greater; or 39 (c) accelerate the speed of the electric assisted bicycle motor by 40 means other than pedaling. 41 2. A violation of the provisions of subdivision one of this section 42 shall constitute a traffic infraction punishable by a fine of up to one 43 hundred fifty dollars or a sentence of imprisonment for up to fifteen 44 days or both such fine and imprisonment. 45 § 17. Section 316 of the highway law, as amended by chapter 655 of the 46 laws of 1978, is amended to read as follows: 47 § 316. Entitled to free use of highways. The authorities having charge 48 or control of any highway, public street, park, parkway, driveway, or 49 place, shall have no power or authority to pass, enforce or maintain any 50 ordinance, rule or regulation by which any person using a bicycle, elec- 51 tric assisted bicycle or tricycle shall be excluded or prohibited from 52 the free use of any highway, public street, avenue, roadway, driveway, 53 parkway, park, or place, at any time when the same is open to the free 54 use of persons having and using other pleasure carriages, except upon 55 such driveway, speedway or road as has been or may be expressly set 56 apart by law for the exclusive use of horses and light carriages. ButA. 1388 9 1 nothing herein shall prevent the passage, enforcement or maintenance of 2 any regulation, ordinance or rule, regulating the use of bicycles, elec- 3 tric assisted bicycles or tricycles in highways, public streets, drive- 4 ways, parks, parkways, and places, or the regulation of the speed of 5 carriages, vehicles or engines, in public parks and upon parkways and 6 driveways in the city of New York, under the exclusive jurisdiction and 7 control of the department of parks and recreation of said city, nor 8 prevent any such authorities in any other city from regulating the speed 9 of any vehicles herein described in such manner as to limit and deter- 10 mine the proper rate of speed with which such vehicle may be propelled 11 nor in such manner as to require, direct or prohibit the use of bells, 12 lamps and other appurtenances nor to prohibit the use of any vehicle 13 upon that part of the highway, street, park, or parkway, commonly known 14 as the footpath or sidewalk. 15 § 18. Section 180 of the general municipal law, as amended by chapter 16 668 of the laws of 2004, is amended to read as follows: 17 § 180. Ordinances to regulate use of bicycles and electric assisted 18 bicycles. The governing boards of municipal corporations as defined in 19 section two of this chapter, may adopt local laws to regulate the use of 20 bicycles and electric assisted bicycles on the public highways, streets, 21 avenues, walks, parks and public places within their limits. Such local 22 laws shall be supplemental and in addition to the provisions of the 23 vehicle and traffic law relating to vehicles and not in conflict there- 24 with. Provided further that such local laws shall not impose any charge, 25 tax or otherwise not provide for the free use of bicycles, electric 26 assisted bicycles and tricycles. 27 § 19. This act shall take effect on the one hundred eightieth day 28 after it shall have become a law.
