Bill Text: NY A07995 | 2019-2020 | General Assembly | Introduced


Bill Title: Defines bicycles with electric assist and establishes regulations for such bicycles.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-05-30 - referred to transportation [A07995 Detail]

Download: New_York-2019-A07995-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7995

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 30, 2019
                                       ___________

        Introduced  by  M. of A. NIOU -- read once and referred to the Committee
          on Transportation

        AN ACT to amend the vehicle and traffic law,  in  relation  to  bicycles
          with electric assist

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 102 of the vehicle and traffic law, as  amended  by
     2  chapter 931 of the laws of 1977, is amended to read as follows:
     3    § 102. Bicycle.  Every two or three wheeled device upon which a person
     4  or persons may ride, propelled by human power through a belt, a chain or
     5  gears, with such wheels in a tandem or tricycle, except  that  it  shall
     6  not  include  such a device having solid tires and intended for use only
     7  on a sidewalk by pre-teenage children. A bicycle includes a bicycle with
     8  electric assist as defined in section one hundred two-c of this article,
     9  provided that nothing in this article is intended to affect the  ability
    10  of  a  local authority to promulgate rules and regulations governing the
    11  operation of bicycles with electric assist.
    12    § 2. The vehicle and traffic law is amended by adding  a  new  section
    13  102-c to read as follows:
    14    §  102-c.  Bicycle  with  electric  assist. Every two or three wheeled
    15  device upon which a person or persons may ride, propelled by an electric
    16  motor system rated at not more than seven hundred fifty watts,  equipped
    17  with operable pedals, and meeting the requirements of one of the follow-
    18  ing three classes:
    19    (a) "Class one bicycle with electric assist" shall mean a bicycle with
    20  electric assist equipped with a motor that provides assistance only when
    21  the  rider  is  pedaling, and that ceases to provide assistance when the
    22  bicycle reaches the speed of twenty miles per hour.
    23    (b) "Class two bicycle with electric assist" shall mean a bicycle with
    24  electric assist equipped with a motor that may be  used  exclusively  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11483-03-9

        A. 7995                             2

     1  propel the bicycle, and that is not capable of providing assistance when
     2  the bicycle reaches the speed of twenty miles per hour.
     3    (c)  "Class  three  bicycle with electric assist" shall mean a bicycle
     4  with electric assist equipped with a motor that provides assistance only
     5  when the rider is pedaling, and that ceases to provide  assistance  when
     6  the bicycle reaches the speed of twenty-eight miles per hour.
     7    Bicycle  with  electric  assist does not include a device specifically
     8  designed for use by persons with disabilities. For the purposes of  this
     9  article,  a  bicycle  with  electric  assist shall be subject to all the
    10  provisions applicable to a bicycle and no other provisions.
    11    § 3. Section 125 of the vehicle and traffic law, as amended by chapter
    12  365 of the laws of 2008, is amended to read as follows:
    13    § 125. Motor vehicles. Every vehicle operated or driven upon a  public
    14  highway  which  is  propelled  by  any  power other than muscular power,
    15  except (a) electrically-driven mobility assistance devices  operated  or
    16  driven  by a person with a disability, (a-1) electric personal assistive
    17  mobility devices operated outside  a  city  with  a  population  of  one
    18  million  or  more, (b) vehicles which run only upon rails or tracks, (c)
    19  snowmobiles as defined in article forty-seven of this chapter, [and] (d)
    20  all terrain  vehicles  as  defined  in  article  forty-eight-B  of  this
    21  chapter, and (e) bicycles with electric assist as defined in section one
    22  hundred  two-c  of this article.  For the purposes of title four of this
    23  chapter, the term motor vehicle shall exclude fire and  police  vehicles
    24  other than ambulances.  For the purposes of titles four and five of this
    25  chapter the term motor vehicles shall exclude farm type tractors and all
    26  terrain type vehicles used exclusively for agricultural purposes, or for
    27  snow  plowing,  other than for hire, farm equipment, including self-pro-
    28  pelled machines used exclusively in growing, harvesting or handling farm
    29  produce, and self-propelled caterpillar or crawler-type equipment  while
    30  being operated on the contract site.
    31    §  4. Section 159 of the vehicle and traffic law is amended to read as
    32  follows:
    33    § 159. Vehicle. Every device in, upon, or by which any person or prop-
    34  erty is or may be transported or drawn upon a  highway,  except  devices
    35  moved  by  human  power  or  used  exclusively  upon stationary rails or
    36  tracks, and bicycles with electric assist  as  defined  in  section  one
    37  hundred two-c of this article.
    38    §  5. Subparagraph b of paragraph 1 of subdivision (a) of section 1202
    39  of the vehicle and traffic law, as amended by chapter 679 of the laws of
    40  1970, is amended to read as follows:
    41    b. On a sidewalk, except that a bicycle may park on a  sidewalk  in  a
    42  manner complying with the Americans with disabilities act, provided that
    43  such  bicycle does not interfere with the normal and reasonable movement
    44  of pedestrian traffic;
    45    § 6. The vehicle and traffic law is amended by adding  a  new  section
    46  1242 to read as follows:
    47    §  1242. Special provisions relating to bicycles with electric assist.
    48  (a) Any violation under this chapter involving a bicycle  with  electric
    49  assist as defined in section one hundred two-c of this chapter shall not
    50  be grounds for impoundment of such bicycle, nor shall any fees, fines or
    51  civil penalties be  required to release any such bicycle to its owner or
    52  the person operating it when seized by a  government enforcement entity,
    53  except as otherwise provided by state law.
    54    (b)  Any  fine  levied  for  the use of a bicycle with electric assist
    55  under this chapter by a user whose  use of such bicycle is in the  ordi-

        A. 7995                             3

     1  nary  course  of  business  shall  be  levied upon the employer, and not
     2  levied upon such user.
     3    (c)  The  use  of a bicycle with electric assist shall comply with any
     4  local rules, regulations or ordinances relating to the use of such bicy-
     5  cles established by the relevant county, municipality, town, or village.
     6    § 7. Section 1225-a of the vehicle and traffic law, as added by  chap-
     7  ter 222 of the laws of 1974, is amended to read as follows:
     8    § 1225-a. Driving  on sidewalks. No person shall drive a motor vehicle
     9  or bicycle with electric assist on or across a sidewalk, except  that  a
    10  vehicle  or  bicycle  with electric assist may be driven at a reasonable
    11  speed, but not more than five miles per hour, on or across a sidewalk in
    12  such manner as not to interfere with the safety and passage of pedestri-
    13  ans thereon, who shall have the right of way, when it is reasonable  and
    14  necessary:
    15    (a) to gain access to a public highway, private way or lands or build-
    16  ings adjacent to such highway or way;
    17    (b)  in  the  conduct of work upon a highway, or upon a private way or
    18  lands or buildings adjacent to such highway or way[,]; or
    19    (c) to plow snow or perform any other public  service,  for  hire,  or
    20  otherwise,   which  could  not  otherwise  be  reasonably  and  properly
    21  performed.
    22    § 8. This act shall take effect immediately.
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