Bill Text: NY S05482 | 2017-2018 | General Assembly | Amended

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Bill Title: Prohibits the sale of electric assisted bicycles unless the packaging contains a notice stating that the operation of such electric assisted bicycle on any public highway or sidewalk is prohibited.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CONSUMER PROTECTION [S05482 Detail]

Download: New_York-2017-S05482-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5482--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 31, 2017
                                       ___________
        Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to amend the  general  business  law,  in  relation  to  labeling
          requirements for 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 general business law is amended by adding a new section
     2  399-ggg to read as follows:
     3    § 399-ggg. Labeling of electric assisted bicycles. 1. No person, firm,
     4  or corporation shall sell or offer for sale any electric assisted  bicy-
     5  cle  unless  there  is  printed  on  the  package in which such electric
     6  assisted bicycle is sold or offered for sale a conspicuous notice  stat-
     7  ing  "The operation of electric assisted bicycles on public highways and
     8  roads is illegal in the State of New  York.  Operation  of  an  electric
     9  assisted  bicycle on a public sidewalk is possibly illegal. Please check
    10  your local municipal laws, rules, regulations, or codes regarding  usage
    11  of  this bicycle on public sidewalks."
    12    2.  For  purposes  of this section, the following terms shall have the
    13  following meanings:
    14    (a) "Public highway" shall have the same meaning as defined in section
    15  one hundred thirty-four of the vehicle and traffic law.
    16    (b) "Sidewalk" shall have the same meaning as defined in  section  one
    17  hundred forty-four of the vehicle and traffic law.
    18    (c) "Electric assisted bicycle" shall mean a bicycle with two or three
    19  wheels  which  has a saddle and fully operative pedals for human propul-
    20  sion and also has an electric motor.  The  electric  assisted  bicycle's
    21  electric  motor  shall:  have  a power output of less than seven hundred
    22  fifty watts; have a maximum speed of less than twenty miles per hour  on
    23  a  paved  level surface when powered solely by such a motor while ridden
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10327-04-7
        S. 5482--A                          2
     1  by an operator who weighs one hundred seventy pounds; and  be  incapable
     2  of  further  increasing the speed of the device when human power is used
     3  to propel the device at or more than twenty miles per hour.
     4    3. Any violation of this section shall be punishable by a civil penal-
     5  ty not to exceed five hundred dollars.
     6    § 2. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law.