Bill Text: NY S01591 | 2019-2020 | General Assembly | Introduced


Bill Title: Defines "electric assisted bicycles" and implements additional requirements for operating such bicycles.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-01-15 - REFERRED TO TRANSPORTATION [S01591 Detail]

Download: New_York-2019-S01591-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1591
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 15, 2019
                                       ___________
        Introduced  by  Sens.  O'MARA,  BENJAMIN, BROOKS, CARLUCCI, RANZENHOFER,
          SEPULVEDA, TEDISCO -- read twice and ordered printed, and when printed
          to be committed 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.
    22    § 3. Section 125 of the vehicle and traffic law, as amended by chapter
    23  365 of the laws of 2008, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05810-01-9

        S. 1591                             2
     1    § 125. Motor vehicles. Every vehicle operated or driven upon a  public
     2  highway  which  is  propelled  by  any  power other than muscular power,
     3  except (a) electrically-driven mobility assistance devices  operated  or
     4  driven  by a person with a disability, (a-1) electric personal assistive
     5  mobility  devices  operated  outside  a  city  with  a population of one
     6  million or more, (b) vehicles which run only upon rails or  tracks,  (c)
     7  snowmobiles as defined in article forty-seven of this chapter, [and] (d)
     8  all  terrain  vehicles  as  defined  in  article  forty-eight-B  of this
     9  chapter, and (e) electric assisted bicycles as defined  in  section  one
    10  hundred  two-c  of  this article. For the purposes of title four of this
    11  chapter, the term motor vehicle shall exclude fire and  police  vehicles
    12  other  than ambulances. For the purposes of titles four and five of this
    13  chapter the term motor vehicles shall exclude farm type tractors and all
    14  terrain type vehicles used exclusively for agricultural purposes, or for
    15  snow plowing, other than for hire, farm equipment,  including  self-pro-
    16  pelled machines used exclusively in growing, harvesting or handling farm
    17  produce,  and self-propelled caterpillar or crawler-type equipment while
    18  being operated on the contract site.
    19    § 4. Section 159 of the vehicle and traffic law is amended to read  as
    20  follows:
    21    § 159. Vehicle. Every device in, upon, or by which any person or prop-
    22  erty  is  or  may be transported or drawn upon a highway, except devices
    23  moved by human power or used exclusively upon stationary rails or tracks
    24  and electric assisted bicycles as defined in section one  hundred  two-c
    25  of this article.
    26    §  5.  Section 1230 of the vehicle and traffic law, subdivision (b) as
    27  amended by chapter 694 of the laws  of  1995,  is  amended  to  read  as
    28  follows:
    29    § 1230. Effect  of  regulations.  (a)  The parent of any child and the
    30  guardian of any ward shall not authorize or knowingly  permit  any  such
    31  child or ward to violate any of the provisions of this article.
    32    (b)  These regulations applicable to bicycles, electric assisted bicy-
    33  cles, or to in-line skates shall apply whenever a  bicycle  or  electric
    34  assisted  bicycle  is, or in-line skates are, operated upon any highway,
    35  upon private roads open to public motor vehicle  traffic  and  upon  any
    36  path  set  aside  for  the  exclusive use of bicycles, electric assisted
    37  bicycles, or in-line skates, or [both] all.
    38    § 6. Section 1231 of the vehicle and traffic law, as amended by  chap-
    39  ter 694 of the laws of 1995, is amended to read as follows:
    40    §  1231.  Traffic  laws  apply  to persons riding bicycles or electric
    41  assisted bicycles or skating or gliding on in-line skates.  Every person
    42  riding a bicycle or electric assisted bicycle or skating or  gliding  on
    43  in-line  skates  upon  a  roadway shall be granted all of the rights and
    44  shall be subject to all of the duties applicable  to  the  driver  of  a
    45  vehicle  by this title, except as to special regulations in this article
    46  and except as to those provisions of this title which  by  their  nature
    47  can have no application.
    48    § 7. Section 1232 of the vehicle and traffic law is amended to read as
    49  follows:
    50    §  1232.  Riding  on  bicycles and electric assisted bicycles.   (a) A
    51  person propelling a bicycle or electric assisted bicycle shall not  ride
    52  other  than upon or astride a permanent and regular seat attached there-
    53  to, nor shall he ride with his feet removed from the pedals.
    54    (b) No bicycle or electric assisted bicycle shall  be  used  to  carry
    55  more  persons  at  one time than the number for which it is designed and
    56  equipped.

        S. 1591                             3
     1    § 8. The vehicle and traffic law is amended by adding  a  new  section
     2  1232-a to read as follows:
     3    §  1232-a.  Additional requirements for operating an electric assisted
     4  bicycle. (a) No person shall operate or park an electric assisted  bicy-
     5  cle on any public highway or street in this state unless a legible label
     6  is  permanently  affixed by the bicycle or pedal assisted motor manufac-
     7  turer, in a prominent location, on such person's electric assisted bicy-
     8  cle.  Such label shall contain the maximum speed, and motor  wattage  of
     9  the  electric assisted bicycle, and shall be printed in arial font in at
    10  least nine-point type.  On and after January first, two  thousand  twen-
    11  ty-one,  manufacturers  and  distributors  of electric assisted bicycles
    12  shall apply  a  label  that  is  permanently  affixed,  in  a  prominent
    13  location, to each electric assisted bicycle. The label shall contain the
    14  top  assisted speed, and motor wattage of electric assisted bicycle, and
    15  shall be printed in arial font in at least nine-point type.
    16    (b) No person shall permit any label required by  subdivision  (a)  of
    17  this  section  to  be  affixed to an electric assisted bicycle to become
    18  illegible.
    19    (c) No person or entity shall park or  otherwise  make  available  any
    20  electric  assisted bicycle for use or operation by another on any public
    21  highway or street in the state unless a  legible  label  is  permanently
    22  affixed  in  a  manner  which meets the requirements of paragraph (a) of
    23  this section.
    24    (d) The court shall waive any fine for which a person who violates the
    25  provisions of paragraph (a) of this section is  liable  if  such  person
    26  supplies the court with (1) proof that between the date of violation and
    27  the  appearance  date  for  such  violation,  such label was repaired or
    28  replaced in a manner which meets the requirements of  paragraph  (a)  of
    29  this  section; or (2) proof that such electric assisted bicycle had been
    30  operated in violation of this section within the  duration  of  a  short
    31  term lease or other agreement.
    32    (e)  Every manufacturer of an electric assisted bicycle shall certify,
    33  at a minimum, that it complies  with  the  equipment  and  manufacturing
    34  requirements  for bicycles adopted by the United States consumer product
    35  safety commission (16 C.F.R. 1512.1, et seq.).
    36    § 9. Subdivision 1 of section 1233 of the vehicle and traffic law,  as
    37  amended  by  chapter  703  of  the  laws  of 2004, is amended to read as
    38  follows:
    39    1. No person riding  upon  any  bicycle,  electric  assisted  bicycle,
    40  coaster,  in-line skates, roller skates, skate board, sled, or toy vehi-
    41  cle shall attach the same or himself or herself  to  any  vehicle  being
    42  operated upon a roadway.
    43    § 10. Section 1234 of the vehicle and traffic law, as amended by chap-
    44  ter 16 of the laws of 1996, is amended to read as follows:
    45    §  1234.  Riding  on  roadways,  shoulders, bicycle, electric assisted
    46  bicycle or in-line skate lanes and bicycle or in-line skate  paths.  (a)
    47  Upon  all  roadways,  any  bicycle, electric assisted bicycle or in-line
    48  skate shall be driven either on a usable bicycle or in-line  skate  lane
    49  or,  if  a  usable  bicycle or in-line skate lane has not been provided,
    50  near the right-hand curb or edge of the roadway or upon a usable  right-
    51  hand shoulder in such a manner as to prevent undue interference with the
    52  flow of traffic except when preparing for a left turn or when reasonably
    53  necessary  to  avoid  conditions  that  would make it unsafe to continue
    54  along near the right-hand curb or edge.  Conditions  to  be  taken  into
    55  consideration  include, but are not limited to, fixed or moving objects,
    56  vehicles, bicycles, electric assisted bicycles, in-line  skates,  pedes-

        S. 1591                             4
     1  trians, animals, surface hazards or traffic lanes too narrow for a bicy-
     2  cle,  or  electric  assisted  bicycle  or person on in-line skates and a
     3  vehicle to travel safely side-by-side within the lane.
     4    (b)  Persons  riding bicycles or electric assisted bicycles or skating
     5  or gliding on in-line skates upon a roadway shall not ride more than two
     6  abreast.  Persons riding bicycles or electric assisted bicycles or skat-
     7  ing or gliding on in-line skates upon a  shoulder,  bicycle  or  in-line
     8  skate  lane,  or bicycle or in-line skates path, intended for the use of
     9  bicycles or in-line skates may ride two or more  abreast  if  sufficient
    10  space  is  available, except that when passing a vehicle, bicycle, elec-
    11  tric assisted bicycle or person on in-line skates, or pedestrian, stand-
    12  ing or proceeding along such shoulder,  lane  or  path,  persons  riding
    13  bicycles  or electric assisted bicycles or skating or gliding on in-line
    14  skates shall ride, skate, or glide single file. Persons riding  bicycles
    15  or  electric  assisted  bicycles or skating or gliding on in-line skates
    16  upon a roadway shall ride, skate, or glide single file when being  over-
    17  taken by a vehicle.
    18    (c)  Any  person  operating  a bicycle or electric assisted bicycle or
    19  skating or gliding on in-line skates who is entering the roadway from  a
    20  private  road,  driveway, alley or over a curb shall come to a full stop
    21  before entering the roadway.
    22    § 11. Section 1235 of the vehicle and traffic law, as amended by chap-
    23  ter 703 of the laws of 2004, is amended to read as follows:
    24    § 1235. Carrying articles. No person operating a bicycle  or  electric
    25  assisted  bicycle  shall  carry  any  package,  bundle, or article which
    26  prevents the driver from keeping at least one hand upon the handle bars.
    27  No person skating or gliding on in-line skates shall carry any  package,
    28  bundle,  or  article which obstructs his or her vision in any direction.
    29  No person operating a skate board shall carry any  package,  bundle,  or
    30  article which obstructs his or her vision in any direction.
    31    §  12. Section 1236 of the vehicle and traffic law, subdivision (a) as
    32  amended by chapter 16 of the laws of 2009 and subdivisions (d)  and  (e)
    33  as  added  by  chapter  887  of  the laws of 1976, is amended to read as
    34  follows:
    35    § 1236. Lamps and other equipment on bicycles  and  electric  assisted
    36  bicycles.    (a)  Every bicycle or electric assisted bicycle when in use
    37  during the period from one-half  hour  after  sunset  to  one-half  hour
    38  before  sunrise  shall  be equipped with a lamp on the front which shall
    39  emit a white light visible during hours of darkness from a  distance  of
    40  at  least  five  hundred feet to the front and with a red or amber light
    41  visible to the rear for three hundred feet. Effective July first,  nine-
    42  teen  hundred seventy-six, at least one of these lights shall be visible
    43  for two hundred feet from each side.
    44    (b) No person shall operate a bicycle  or  electric  assisted  bicycle
    45  unless  it  is  equipped with a bell or other device capable of giving a
    46  signal audible for a distance of at least one hundred feet, except  that
    47  a  bicycle  or  electric assisted bicycle shall not be equipped with nor
    48  shall any person use upon a bicycle or  electric  assisted  bicycle  any
    49  siren or whistle.
    50    (c)  Every bicycle or electric assisted bicycle shall be equipped with
    51  a brake which will enable the operator to make the braked wheels skid on
    52  dry, level, clean pavement, provided, however, such brake of an electric
    53  assisted bicycle shall also operate in a manner  so  that  the  electric
    54  motor is disengaged or ceases to function when the brake is applied.
    55    (d)  Every  new bicycle or electric assisted bicycle shall be equipped
    56  with reflective tires or, alternately, a reflex reflector mounted on the

        S. 1591                             5
     1  spokes of each wheel, said tires and reflectors to be of types  approved
     2  by  the  commissioner.   The reflex reflector mounted on the front wheel
     3  shall be colorless or amber, and the reflex  reflector  mounted  on  the
     4  rear wheel shall be colorless or red.
     5    (e)  Every bicycle or electric assisted bicycle when in use during the
     6  period from one-half hour after sunset to one-half hour  before  sunrise
     7  shall be equipped with reflective devices or material meeting the stand-
     8  ards established by rules and regulations promulgated by the commission-
     9  er;  provided,  however,  that  such standards shall not be inconsistent
    10  with or otherwise conflict with the requirements of subdivisions (a) and
    11  (d) of this section.
    12    § 13. Section 1238 of the vehicle and traffic law, as amended by chap-
    13  ter 267 of the laws of 1993, paragraph (a) of subdivision  2  and  para-
    14  graphs  (a)  and  (b)  of subdivision 5 as amended by chapter 457 of the
    15  laws of 1999, subdivisions 2-a, 5-a, 9  and  10  and  paragraph  (c)  of
    16  subdivision 6 as amended by chapter 703 of the laws of 2004, subdivision
    17  5  as  amended  by  chapter  132 of the laws of 1994, subdivision 5-b as
    18  added and paragraph (a) of subdivision 6 as amended by  chapter  402  of
    19  the laws of 2001 and subdivision 8 as amended by chapter 694 of the laws
    20  of 1995, is amended to read as follows:
    21    § 1238. Passengers on bicycles or electric assisted bicycles under one
    22  year of age prohibited; passengers and operators under fourteen years of
    23  age  to  wear  protective  headgear. 1. No person operating a bicycle or
    24  electric assisted bicycle shall allow a person who is under one year  of
    25  age to ride as a passenger on a bicycle or electric assisted bicycle nor
    26  shall such person be carried in a pack fastened to the operator. A first
    27  violation of the provisions of this subdivision shall result in no fine.
    28  A  second  violation  shall  result  in a civil fine not to exceed fifty
    29  dollars.
    30    2. No person operating a bicycle or electric  assisted  bicycle  shall
    31  allow  a person one or more years of age and less than five years of age
    32  to ride as a passenger on a bicycle or electric assisted bicycle unless:
    33    (a) such passenger is wearing a helmet meeting  standards  established
    34  by  the  commissioner.  For  the  purposes of this subdivision wearing a
    35  helmet means having a helmet of good fit fastened securely upon the head
    36  with the helmet straps; and
    37    (b) such passenger is placed in a separate seat attached to the  bicy-
    38  cle  or  electric  assisted  bicycle  and  such seat shall have adequate
    39  provision for retaining the passenger in place and  for  protecting  the
    40  passenger  from  the  moving  parts  of the bicycle or electric assisted
    41  bicycle.
    42    2-a. The commissioner shall promulgate rules  and  regulations  estab-
    43  lishing  standards  for  helmets  required  to  be worn while bicycling,
    44  in-line skating, or operating a skate  board.  Such  standards,  to  the
    45  extent practicable, shall reflect the standards recommended by the Snell
    46  Memorial  Foundation,  Safety  Equipment  Institute,  or  United  States
    47  Consumer Product Safety Commission.
    48    3. Any person who violates the provisions of subdivision two  of  this
    49  section shall pay a civil fine not to exceed fifty dollars.
    50    4.  The court shall waive any fine for which a person who violates the
    51  provisions of paragraph (a) of subdivision two of this section would  be
    52  liable  if  such  person  supplies the court with proof that between the
    53  date of violation and the appearance date for such violation such person
    54  purchased or rented a helmet, which meets the requirements of  paragraph
    55  (a)  of  subdivision two of this section. Further, the court shall waive
    56  any fine for which a person who violates the provisions of paragraph (b)

        S. 1591                             6
     1  of subdivision two of this  section  would  be  liable  if  such  person
     2  supplies the court with proof that between the date of violation and the
     3  appearance  date  for  such  violation such person purchased or rented a
     4  seat which meets the requirements of paragraph (b) of subdivision two of
     5  this  section.  The  court  may  waive  any  fine for which a person who
     6  violates the provisions of subdivision two  of  this  section  would  be
     7  liable  if the court finds that due to reasons of economic hardship such
     8  person was unable to purchase a helmet or  seat.  Such  waiver  of  fine
     9  shall not apply to a second or subsequent conviction under paragraph (a)
    10  or (b) of subdivision two of this section.
    11    5.  (a)  No  person  operating  a bicycle or electric assisted bicycle
    12  shall allow a person five or more years of age and  less  than  fourteen
    13  years  of  age  to ride as a passenger on a bicycle or electric assisted
    14  bicycle unless such passenger is  wearing  a  helmet  meeting  standards
    15  established by the commissioner.
    16    (b)  No  person, one or more years of age and less than fourteen years
    17  of age, shall operate a bicycle or electric assisted bicycle unless such
    18  person is wearing a helmet meeting standards established by the  commis-
    19  sioner.
    20    (c) For the purposes of this subdivision wearing a helmet means having
    21  a  helmet  of  good  fit fastened securely upon the head with the helmet
    22  straps.
    23    5-a. No person, one or more years of age and less than fourteen  years
    24  of  age,  shall skate or glide on in-line skates or a skate board unless
    25  such person is wearing a helmet meeting  standards  established  by  the
    26  commissioner.  For  the  purposes  of this subdivision, wearing a helmet
    27  means having a helmet of good fit fastened securely on the head of  such
    28  wearer with the helmet straps securely fastened.
    29    5-b. No person less than fourteen years of age shall ride upon, propel
    30  or  otherwise  operate  a  two-wheeled vehicle commonly called a scooter
    31  unless such person is wearing a helmet meeting standards established  by
    32  the  commissioner.  As  used in this subdivision, wearing a helmet means
    33  having a properly fitting helmet fixed securely  on  the  head  of  such
    34  wearer with the helmet straps securely fastened.
    35    6.  (a)  Any  person  who violates the provisions of subdivision five,
    36  five-a or five-b of this section shall pay a civil fine  not  to  exceed
    37  fifty dollars.
    38    (b) The court shall waive any fine for which a person who violates the
    39  provisions  of  subdivision five of this section would be liable if such
    40  person supplies the court with proof that between the date of  violation
    41  and  the  appearance  date  for  such violation such person purchased or
    42  rented a helmet.
    43    (c) The court may waive any fine for which a person who  violates  the
    44  provisions  of subdivision five, five-a, or five-b of this section would
    45  be liable if the court finds that due to reasons  of  economic  hardship
    46  such  person  was  unable  to  purchase a helmet or due to such economic
    47  hardship such person was unable to obtain a helmet  from  the  statewide
    48  in-line skate and bicycle helmet distribution program, as established in
    49  section  two  hundred  six of the public health law, or a local distrib-
    50  ution program.
    51    7. The failure of any person to comply with  the  provisions  of  this
    52  section  shall  not  constitute contributory negligence or assumption of
    53  risk, and shall not in any way bar, preclude or foreclose an action  for
    54  personal injury or wrongful death by or on behalf of such person, nor in
    55  any way diminish or reduce the damages recoverable in any such action.

        S. 1591                             7
     1    8.  A  police  officer  shall  only issue a summons for a violation of
     2  subdivision two, five, or five-a of this section by a person  less  than
     3  fourteen  years  of  age to the parent or guardian of such person if the
     4  violation by such person occurs in the presence of such person's  parent
     5  or  guardian  and where such parent or guardian is eighteen years of age
     6  or more. Such summons shall only be issued to such parent  or  guardian,
     7  and shall not be issued to the person less than fourteen years of age.
     8    9.  Subdivisions  five,  five-a, five-b, and six of this section shall
     9  not be applicable to any county, city, town or village that has  enacted
    10  a local law or ordinance prior to the effective date of this subdivision
    11  that  prohibits  a  person who is one or more years of age and less than
    12  fourteen years of age from operating a bicycle, electric assisted  bicy-
    13  cle  or  skating  or  gliding on in-line skates or a skate board without
    14  wearing a bicycle helmet meeting the standards of the American  National
    15  Standards  Institute  (Ansi  Z 90.4 bicycle helmet standards), the Snell
    16  Memorial Foundation's Standards for Protective Headgear for use in Bicy-
    17  cling, or the American Society of  Testing  and  Materials  (ASTM)  bike
    18  helmet  standards,  or  that  prohibits  a person operating a bicycle or
    19  electric assisted bicycle from allowing a person five or more  years  of
    20  age  and  less  than  fourteen  years of age to ride as a passenger on a
    21  bicycle or electric assisted bicycle unless such passenger is wearing  a
    22  bicycle  helmet  that meets such standards. The failure of any person to
    23  comply with any such local law or ordinance shall not constitute contri-
    24  butory negligence or assumption of risk, and shall not in any  way  bar,
    25  preclude or foreclose an action for personal injury or wrongful death by
    26  or  on  behalf  of  such  person,  nor in any way diminish or reduce the
    27  damages recoverable in any such action. The legislative body of a  coun-
    28  ty,  city,  town  or  village  may  enact  a local law or ordinance that
    29  prohibits a person who is fourteen or more years of age from skating  or
    30  gliding  on  in-line  skates,  operating  a skate board, or operating or
    31  riding as a passenger on a bicycle or electric assisted bicycle  without
    32  wearing a bicycle helmet.
    33    10.  No person shall skate or glide on in-line skates or a skate board
    34  outside during the period of time between one-half hour after sunset and
    35  one-half hour before sunrise unless such person is wearing readily visi-
    36  ble reflective clothing or material which is of a light or bright color.
    37    § 14. Section 1240 of the vehicle and traffic law, as added by chapter
    38  468 of the laws of 2001, is amended to read as follows:
    39    § 1240. Leaving the scene of an incident involving a  wheeled  non-mo-
    40  torized  means  of  conveyance  or  an electric assisted bicycle without
    41  reporting in the second degree. 1. Any  person  age  eighteen  years  or
    42  older  operating a wheeled non-motorized means of conveyance, including,
    43  but not limited to bicycles, in-line skates,  roller  skates  and  skate
    44  boards or an electric assisted bicycle as defined in section one hundred
    45  two-c  of this chapter, who, knowing or having cause to know, that phys-
    46  ical injury, as defined in subdivision nine  of  section  10.00  of  the
    47  penal  law,  has  been caused to another person, due to the operation of
    48  such non-motorized means of conveyance, or electric assisted bicycle  by
    49  such  person,  shall,  before  leaving the place where the said physical
    50  injury occurred, stop, and provide his  name  and  residence,  including
    51  street  and  street number, to the injured party, if practical, and also
    52  to a police officer, or in the event that no police officer  is  in  the
    53  vicinity of the place of said injury, then such person shall report said
    54  incident  as  soon  as  physically able to the nearest police station or
    55  judicial officer.

        S. 1591                             8
     1    2. Leaving the scene of an incident involving a wheeled  non-motorized
     2  means  of  conveyance, or an electric assisted bicycle without reporting
     3  in the second degree is a violation.
     4    § 15. Section 1241 of the vehicle and traffic law, as added by chapter
     5  468 of the laws of 2001, is amended to read as follows:
     6    §  1241.  Leaving the scene of an incident involving a wheeled non-mo-
     7  torized means of conveyance, or an electric  assisted  bicycle,  without
     8  reporting  in  the  first  degree.   1. Any person age eighteen years or
     9  older operating a wheeled non-motorized means of conveyance,  including,
    10  but  not  limited  to  bicycles, in-line skates, roller skates and skate
    11  boards or an electric assisted bicycle as defined in section one hundred
    12  two-c of this chapter, who, knowing or having cause to know, that  seri-
    13  ous  physical  injury, as defined in subdivision ten of section 10.00 of
    14  the penal law, has been caused to another person, due to  the  operation
    15  of  such non-motorized means of conveyance, or electric assisted bicycle
    16  by such person, shall, before leaving the place where the  said  serious
    17  physical  injury  occurred,  stop,  and  provide his name and residence,
    18  including street and street number, to the injured party, if  practical,
    19  and  also to a police officer, or in the event that no police officer is
    20  in the vicinity of the place of said  injury,  then  such  person  shall
    21  report  said  incident  as soon as physically able to the nearest police
    22  station or judicial officer.
    23    2. Leaving the scene of an incident involving a wheeled  non-motorized
    24  means  of  conveyance, or an electric assisted bicycle without reporting
    25  in the first degree is a class B misdemeanor.
    26    § 16. The vehicle and traffic law is amended by adding a  new  section
    27  1242 to read as follows:
    28    §  1242.  Tampering  with  an electric assisted bicycle. 1.  No person
    29  shall tamper with or modify an electric assisted bicycle to:
    30    (a) increase the output of such bicycle to seven hundred  fifty  watts
    31  or greater;
    32    (b) engage the electric motor when:
    33    (i) the operator of such bicycle is not pedaling;
    34    (ii) the operator of such bicycle has applied the brakes; or
    35    (iii)  such  bicycle  has achieved a speed of twenty miles per hour or
    36  greater; or
    37    (c) accelerate the speed of the electric  assisted  bicycle  motor  by
    38  means other than pedaling.
    39    2.  A  violation  of the provisions of subdivision one of this section
    40  shall constitute a traffic infraction punishable by a fine of up to  one
    41  hundred  fifty  dollars  or a sentence of imprisonment for up to fifteen
    42  days or both such fine and imprisonment.
    43    § 17. Section 316 of the highway law, as amended by chapter 655 of the
    44  laws of 1978, is amended to read as follows:
    45    § 316. Entitled to free use of highways. The authorities having charge
    46  or control of any highway, public street, park,  parkway,  driveway,  or
    47  place, shall have no power or authority to pass, enforce or maintain any
    48  ordinance, rule or regulation by which any person using a bicycle, elec-
    49  tric  assisted  bicycle or tricycle shall be excluded or prohibited from
    50  the free use of any highway, public street, avenue,  roadway,  driveway,
    51  parkway,  park,  or place, at any time when the same is open to the free
    52  use of persons having and using other pleasure  carriages,  except  upon
    53  such  driveway,  speedway  or  road  as has been or may be expressly set
    54  apart by law for the exclusive use of horses and  light  carriages.  But
    55  nothing  herein shall prevent the passage, enforcement or maintenance of
    56  any regulation, ordinance or rule, regulating the use of bicycles, elec-

        S. 1591                             9
     1  tric assisted bicycles or tricycles in highways, public streets,  drive-
     2  ways,  parks,  parkways,  and  places, or the regulation of the speed of
     3  carriages, vehicles or engines, in public parks and  upon  parkways  and
     4  driveways  in the city of New York, under the exclusive jurisdiction and
     5  control of the department of parks and  recreation  of  said  city,  nor
     6  prevent any such authorities in any other city from regulating the speed
     7  of  any  vehicles herein described in such manner as to limit and deter-
     8  mine the proper rate of speed with which such vehicle may  be  propelled
     9  nor  in  such manner as to require, direct or prohibit the use of bells,
    10  lamps and other appurtenances nor to prohibit the  use  of  any  vehicle
    11  upon  that part of the highway, street, park, or parkway, commonly known
    12  as the footpath or sidewalk.
    13    § 18. Section 180 of the general municipal law, as amended by  chapter
    14  668 of the laws of 2004, is amended to read as follows:
    15    §  180.  Ordinances  to regulate use of bicycles and electric assisted
    16  bicycles.  The governing boards of municipal corporations as defined  in
    17  section two of this chapter, may adopt local laws to regulate the use of
    18  bicycles and electric assisted bicycles on the public highways, streets,
    19  avenues, walks, parks and public places within their limits.  Such local
    20  laws  shall  be  supplemental  and  in addition to the provisions of the
    21  vehicle and traffic law relating to vehicles and not in conflict  there-
    22  with. Provided further that such local laws shall not impose any charge,
    23  tax  or  otherwise  not  provide  for the free use of bicycles, electric
    24  assisted bicycles and tricycles.
    25    § 19. This act shall take effect on  the  one  hundred  eightieth  day
    26  after it shall have become a law.
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