NY State Senate Bill 2011-S1357B

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2012	committed to rules
May 21, 2012	advanced to third reading
May 16, 2012	2nd report cal.
May 15, 2012	1st report cal.776
Jan 04, 2012	referred to transportation
Jun 24, 2011	committed to rules
Jun 13, 2011	amended on third reading 1357b
Jun 07, 2011	advanced to third reading
Jun 06, 2011	2nd report cal.
Jun 02, 2011	1st report cal.945
May 19, 2011	print number 1357a
May 19, 2011	amend and recommit to transportation
Jan 06, 2011	referred to transportation

Votes

- May 15, 2012 - Transportation Committee Vote
  S1357B
  
  Aye
  
  16
  
  Nay
  
  0
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Transportation Committee Vote: May 15, 2012
      
      aye (16)
      
      Adams
      
      Diaz
      
      Dilan
      
      Fuschillo
      
      Johnson
      
      Larkin
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Smith
      
      Stavisky
      
      Valesky
      
      Young
      
      Zeldin
      
      aye wr (3)
      
      Kennedy
      
      Ranzenhofer
      
      Squadron
  Jun 2, 2011 - Transportation Committee Vote
  S1357B
  
  Aye
  
  15
  
  Nay
  
  0
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Transportation Committee Vote: Jun 2, 2011
      
      aye (15)
      
      Diaz
      
      Dilan
      
      Fuschillo
      
      Johnson
      
      Larkin
      
      Maziarz
      
      McDonald
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Smith
      
      Stavisky
      
      Valesky
      
      Young
      
      Zeldin
      
      aye wr (3)
      
      Kennedy
      
      Nozzolio
      
      Squadron
      
      excused (1)
      
      Adams

Bill Amendments

Original

B (Active)

co-Sponsors

2011-S1357 - Details

Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §102, add §1238-a, V & T L
Versions Introduced in 2009-2010 Legislative Session:: S4014

2011-S1357 - Summary

Defines the term "electric assisted bicycle" for purposes of the applicability of the vehicle and traffic law; provides that no person sixteen years of age or younger shall operate an electric assisted bicycle; requires persons eighteen years of age or younger to wear a helmet when operating an electric assisted bicycle.

2011-S1357 - Sponsor Memo

                                BILL NUMBER:S1357

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the definition of
electric assisted bicycle

PURPOSE:
This bill clarifies the vehicle and traffic law to define
electric assisted bicycles;
establish that electric assisted bicycles, as defined, are bicycles,
not motor vehicles; and establish safety and operational criteria for
their use.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new Section 102-c
to the vehicle and traffic law, defining electric assisted bicycles
as: A bicycle with two or three wheels which has a saddle and fully
operative pedals for human propulsion, and also has an electric
motor. However, the electric motor should not have a power output of
more than one thousand watts, and should be incapable of propelling
the device at a speed of more than twenty miles per hour on level
ground. The electric motor should also be incapable of further
increasing the speed of the device when human power alone is used to
propel the device at or more than twenty miles per hour.

Section 2 adds an exception in section 125 of the vehicle and traffic
law to the statutory definition of motor vehicle for electric
assisted bicycles.

Section 3 adds a new section 1240 to the vehicle and traffic law,
making the rules, regulations and provisions of the vehicle and
traffic law applicable to bicycles applicable to electric assisted
bicycles; makes the federal equipment and manufacturing requirements
for bicycles or motor driven cycles applicable to electric assisted
bicycles; and adds the following operational and safety requirements
for electric assisted bicycles: electric motor disengagement
criteria; all operators and passengers are required to wear bicycle
helmets; and no one under the age of 16 may operate or as a passenger
on an electric assisted bicycle and establishes the civil fine and
enforcement procedures for failure to wear a helmet.

Section 4 is the effective date.

JUSTIFICATION:

Defining and establishing operational criteria for electric assisted
bicycles will clarify for authorities that these vehicles are more
akin to bicycles than motorcycles. This will assist in interpreting
the application of the appropriate vehicle and traffic laws to
operators and passengers of these vehicles.

LEGISLATIVE HISTORY:

2009-10:  S.4014/A.2393


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

To take effect immediately.

2011-S1357 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1357

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen.  DILAN  -- 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, in relation  to  the  defi-
  nition of electric assisted bicycle

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 102-c to read as follows:
  S 102-C. ELECTRIC ASSISTED BICYCLE. A BICYCLE WITH TWO OR THREE WHEELS
WHICH  HAS  A SADDLE AND FULLY OPERATIVE PEDALS FOR HUMAN PROPULSION AND
ALSO HAS AN ELECTRIC MOTOR.   THE ELECTRIC ASSISTED  BICYCLE'S  ELECTRIC
MOTOR SHALL: HAVE A POWER OUTPUT OF NOT MORE THAN ONE THOUSAND WATTS; BE
INCAPABLE  OF PROPELLING THE DEVICE AT A SPEED OF MORE THAN TWENTY MILES
PER HOUR ON LEVEL GROUND; AND BE INCAPABLE  OF  FURTHER  INCREASING  THE
SPEED  OF THE DEVICE WHEN HUMAN POWER IS USED TO PROPEL THE DEVICE AT OR
MORE THAN TWENTY MILES PER HOUR.
  S 2. Section 125 of the vehicle and traffic law, as amended by chapter
365 of the laws of 2008, is amended to read as follows:
  S 125. Motor vehicles. Every vehicle operated or driven upon a  public
highway  which  is  propelled  by  any  power other than muscular power,
except (a) electrically-driven mobility assistance devices  operated  or
driven  by a person with a disability, (a-1) electric personal assistive
mobility devices operated outside  a  city  with  a  population  of  one
million  or  more, (b) vehicles which run only upon rails or tracks, (c)
snowmobiles as defined in article forty-seven of this chapter, [and] (d)
all terrain  vehicles  as  defined  in  article  forty-eight-B  of  this
chapter,  AND  (E)  ELECTRIC ASSISTED BICYCLES AS DEFINED IN SECTION ONE
HUNDRED TWO-C OF THIS ARTICLE. For the purposes of title  four  of  this
chapter,  the  term motor vehicle shall exclude fire and police vehicles
other than ambulances.  For the purposes of titles four and five of this
chapter the term motor vehicles shall exclude farm type tractors and all

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03255-01-1

S. 1357                             2

terrain type vehicles used exclusively for agricultural purposes, or for
snow plowing, other than for hire, farm equipment,  including  self-pro-
pelled machines used exclusively in growing, harvesting or handling farm
produce,  and self-propelled caterpillar or crawler-type equipment while
being operated on the contract site.
  S 3. The vehicle and traffic law is amended by adding  a  new  section
1238-a to read as follows:
  S  1238-A. ADDITIONAL PROVISIONS APPLICABLE TO ELECTRIC ASSISTED BICY-
CLES, OPERATORS AND PASSENGERS. 1. IN ADDITION TO COMPLYING WITH ALL  OF
THE  RULES,  REGULATIONS AND PROVISIONS APPLICABLE TO BICYCLES CONTAINED
IN THIS ARTICLE, AN ELECTRIC ASSISTED BICYCLE AS DEFINED IN SECTION  ONE
HUNDRED  TWO-C  OF THIS CHAPTER SHALL COMPLY WITH THE FOLLOWING REQUIRE-
MENTS:
  (A) MEET THE EQUIPMENT AND  MANUFACTURING  REQUIREMENTS  FOR  BICYCLES
ADOPTED  BY THE CONSUMER PRODUCT SAFETY COMMISSION (16 C.F.R. 1512.1, ET
SEQ.) OR THE REQUIREMENTS ADOPTED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION (49  C.F.R.  571.1,  ET  SEQ.)  IN  ACCORDANCE  WITH  THE
NATIONAL  TRAFFIC  AND  MOTOR VEHICLE SAFETY ACT OF 1966 (15 U.S.C. SEC.
1381, ET SEQ.) FOR MOTOR DRIVEN CYCLES; AND
  (B) OPERATE IN A MANNER SO THAT THE ELECTRIC MOTOR  IS  DISENGAGED  OR
CEASES  TO  FUNCTION WHEN THE BRAKES ARE APPLIED, OR OPERATE IN A MANNER
SUCH THAT THE MOTOR IS ENGAGED THROUGH A SWITCH OR MECHANISM THAT,  WHEN
RELEASED,  WILL  CAUSE THE ELECTRIC MOTOR TO DISENGAGE OR CEASE TO FUNC-
TION.
  2.  NOTWITHSTANDING  THE  PROVISIONS   OF   SECTION   TWELVE   HUNDRED
THIRTY-EIGHT  OF  THIS ARTICLE, NO PERSON LESS THAN SIXTEEN YEARS OF AGE
SHALL OPERATE OR RIDE AS A PASSENGER UPON AN ELECTRIC ASSISTED  BICYCLE,
AND  NO PERSON SIXTEEN YEARS OF AGE OR OLDER SHALL ALLOW ANY PERSON LESS
THAN SIXTEEN YEARS OF AGE TO OPERATE OR RIDE AS A  PASSENGER  UPON  SUCH
BICYCLE.
  3.  NO PERSON SIXTEEN YEARS OF AGE OR OLDER SHALL OPERATE OR RIDE AS A
PASSENGER ON AN ELECTRIC ASSISTED BICYCLE UNLESS SUCH PERSON IS  WEARING
A  HELMET  MEETING  STANDARDS  ESTABLISHED  BY THE COMMISSIONER. FOR THE
PURPOSES OF THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A HELMET  OF
GOOD  FIT  FASTENED  SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
STRAPS SECURELY FASTENED.
  4. (A) ANY PERSON WHO VIOLATES THE PROVISIONS OF  SUBDIVISION  TWO  OR
THREE  OF  THIS  SECTION  SHALL  PAY  A  CIVIL  FINE NOT TO EXCEED FIFTY
DOLLARS.
  (B) THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE IF  SUCH
PERSON  SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION
AND THE APPEARANCE DATE FOR SUCH  VIOLATION  SUCH  PERSON  PURCHASED  OR
RENTED A HELMET.
  (C)  THE  COURT MAY WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE  IF  THE
COURT  FINDS  THAT  DUE  TO REASONS OF ECONOMIC HARDSHIP SUCH PERSON WAS
UNABLE TO PURCHASE A HELMET OR DUE TO SUCH ECONOMIC HARDSHIP SUCH PERSON
WAS UNABLE TO OBTAIN A HELMET FROM THE STATEWIDE IN-LINE SKATE AND BICY-
CLE HELMET DISTRIBUTION PROGRAM, AS ESTABLISHED IN SECTION  TWO  HUNDRED
SIX OF THE PUBLIC HEALTH LAW, OR A LOCAL DISTRIBUTION PROGRAM.
  5.  THE  FAILURE  OF  ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS
SECTION SHALL NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE  OR  ASSUMPTION  OF
RISK,  AND SHALL NOT IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION FOR
PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN
ANY WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION.

S. 1357                             3

  6. A POLICE OFFICER SHALL ONLY ISSUE A  SUMMONS  FOR  A  VIOLATION  OF
SUBDIVISION  TWO  OR THREE OF THIS SECTION BY A PERSON LESS THAN SIXTEEN
YEARS OF AGE TO THE PARENT OR GUARDIAN OF SUCH PERSON IF  THE  VIOLATION
BY SUCH PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S PARENT OR GUARDI-
AN  AND  WHERE SUCH PARENT OR GUARDIAN IS EIGHTEEN YEARS OF AGE OR MORE.
SUCH SUMMONS SHALL ONLY BE ISSUED TO SUCH PARENT OR GUARDIAN, AND  SHALL
NOT BE ISSUED TO THE PERSON LESS THAN SIXTEEN YEARS OF AGE.
  S 4.  This act shall take effect immediately.

co-Sponsors

2011-S1357A - Details

Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §102, add §1238-a, V & T L
Versions Introduced in 2009-2010 Legislative Session:: S4014

2011-S1357A - Summary

2011-S1357A - Sponsor Memo

                                BILL NUMBER:S1357A

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the definition of
electric assisted bicycle

PURPOSE:
This bill clarifies the vehicle and traffic law to define electric
assisted bicycles; establishes that electric assisted bicycles, as
defined, are bicycles; and establishes safety and operational
criteria for their use.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new subparagraph to Section 102 of the
vehicle and traffic law, defining electric assisted bicycles as: A
bicycle with two or three wheels which has a saddle and fully
operative pedals for human propulsion, and also has an electric
motor. However, the electric motor shall not have a power output of
more than 750 watts, and is incapable of propelling the device at a
speed greater than twenty miles per hour on level ground. The
electric motor should also be incapable of further increasing the
speed of the device when human power alone is used to propel the
device at or more than twenty miles per hour.

Section 2 adds a new section 1238-a to the vehicle and traffic law,

extending the rules, regulations and provisions of the vehicle and
traffic law governing standard bicycles to electric assisted
bicycles; makes the federal equipment and manufacturing requirements
for bicycles or motor driven cycles applicable to electric assisted
bicycles; and adds the following operational and safety requirements
for electric assisted bicycles: electric motor disengagement
criteria; operators under the age of 18 must wear helmets; and no one
under the age of 16 may operate an electric assisted bicycle and
establishes the civil fine and enforcement procedures for failure to
wear a helmet.

Section 3 is the effective date.

JUSTIFICATION:
Defining and establishing operational criteria for electric assisted
bicycles will clarify for authorities that these vehicles are more
akin to bicycles than motorcycles. This will assist in interpreting
the application of the appropriate vehicle and traffic laws to
operators and passengers of these vehicles.

LEGISLATIVE HISTORY:
2009-10: Similar legislation - S.4014/A.2393

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
To take effect immediately.

2011-S1357A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1357--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced by Sens. DILAN, LIBOUS -- read twice and ordered printed, and
  when  printed  to  be  committed to the Committee on Transportation --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the vehicle and traffic law, in relation to the defi-
  nition of electric assisted bicycle

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 102 of the vehicle and traffic law, as amended by
chapter 931 of the laws of 1977, is amended to read as follows:
  S 102. Bicycle. 1. Every two or three  wheeled  device  upon  which  a
person  or  persons may ride, propelled by human power through a belt, a
chain or gears, with such wheels in a tandem or tricycle, except that it
shall not include such a device having solid tires and intended for  use
only on a sidewalk by pre-teenage children.
  2.  AN  ELECTRIC  ASSISTED DEVICE WITH TWO OR THREE WHEELS WHICH HAS A
SADDLE AND FULLY OPERATIVE PEDALS FOR HUMAN PROPULSION AND ALSO  HAS  AN
ELECTRIC  MOTOR.  THE  ELECTRIC ASSISTED BICYCLE'S ELECTRIC MOTOR SHALL:
HAVE A POWER OUTPUT OF NOT MORE THAN SEVEN HUNDRED FIFTY WATTS; BE INCA-
PABLE OF PROPELLING THE DEVICE AT A SPEED OF MORE THAN TWENTY MILES  PER
HOUR  ON  LEVEL GROUND; AND BE INCAPABLE OF FURTHER INCREASING THE SPEED
OF THE DEVICE WHEN HUMAN POWER IS USED TO PROPEL THE DEVICE AT  OR  MORE
THAN TWENTY MILES PER HOUR.
  S  2.   The vehicle and traffic law is amended by adding a new section
1238-a to read as follows:
  S 1238-A. ADDITIONAL PROVISIONS APPLICABLE TO ELECTRIC ASSISTED  BICY-
CLES,  OPERATORS AND PASSENGERS. 1. IN ADDITION TO COMPLYING WITH ALL OF
THE RULES, REGULATIONS AND PROVISIONS APPLICABLE TO  BICYCLES  CONTAINED
IN  THIS ARTICLE, AN ELECTRIC ASSISTED BICYCLE AS DEFINED IN SECTION ONE
HUNDRED TWO OF THIS CHAPTER SHALL COMPLY  WITH  THE  FOLLOWING  REQUIRE-
MENTS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03255-06-1

S. 1357--A                          2

  (A)  MEET  THE  EQUIPMENT  AND MANUFACTURING REQUIREMENTS FOR BICYCLES
ADOPTED BY THE CONSUMER PRODUCT SAFETY COMMISSION (16 C.F.R. 1512.1,  ET
SEQ.) OR THE REQUIREMENTS ADOPTED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION  (49  C.F.R.  571.1,  ET  SEQ.)  IN  ACCORDANCE  WITH THE
NATIONAL  TRAFFIC  AND  MOTOR VEHICLE SAFETY ACT OF 1966 (15 U.S.C. SEC.
1381, ET SEQ.) FOR MOTOR DRIVEN CYCLES; AND
  (B) OPERATE IN A MANNER SO THAT THE ELECTRIC MOTOR  IS  DISENGAGED  OR
CEASES  TO  FUNCTION WHEN THE BRAKES ARE APPLIED, OR OPERATE IN A MANNER
SUCH THAT THE MOTOR IS ENGAGED THROUGH A SWITCH OR MECHANISM THAT,  WHEN
RELEASED,  WILL  CAUSE THE ELECTRIC MOTOR TO DISENGAGE OR CEASE TO FUNC-
TION.
  2. NO PERSON LESS THAN SIXTEEN YEARS OF AGE SHALL OPERATE AN  ELECTRIC
ASSISTED  BICYCLE,  AND  NO  LAWFUL OPERATOR SHALL ALLOW ANY PERSON LESS
THAN SIXTEEN YEARS OF AGE TO OPERATE SUCH BICYCLE HE OR SHE IS OPERATING
OR RIDING.
  3. A LAWFUL OPERATOR UNDER EIGHTEEN YEARS OF AGE SHALL NOT OPERATE  AN
ELECTRIC  ASSISTED  BICYCLE UNLESS HE OR SHE IS WEARING A HELMET MEETING
STANDARDS ESTABLISHED BY THE COMMISSIONER.  FOR  THE  PURPOSES  OF  THIS
SUBDIVISION, WEARING A HELMET MEANS HAVING A HELMET OF GOOD FIT FASTENED
SECURELY  ON  THE  HEAD  OF  SUCH WEARER WITH THE HELMET STRAPS SECURELY
FASTENED.
  4. (A) ANY PERSON WHO VIOLATES THE PROVISIONS OF  SUBDIVISION  TWO  OR
THREE  OF  THIS  SECTION  SHALL  PAY  A  CIVIL  FINE NOT TO EXCEED FIFTY
DOLLARS.
  (B) THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE IF  SUCH
PERSON  SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION
AND THE APPEARANCE DATE FOR SUCH  VIOLATION  SUCH  PERSON  PURCHASED  OR
RENTED A HELMET.
  (C)  THE  COURT MAY WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE  IF  THE
COURT  FINDS  THAT  DUE  TO REASONS OF ECONOMIC HARDSHIP SUCH PERSON WAS
UNABLE TO PURCHASE A HELMET OR DUE TO SUCH ECONOMIC HARDSHIP SUCH PERSON
WAS UNABLE TO OBTAIN A HELMET FROM A STATEWIDE OR LOCAL HELMET  DISTRIB-
UTION PROGRAM.
  5.  THE  FAILURE  OF  ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS
SECTION SHALL NOT IN ANY WAY BAR, PRECLUDE OR FORECLOSE  AN  ACTION  FOR
PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN
ANY WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION.
  6.  A  POLICE  OFFICER  SHALL  ONLY ISSUE A SUMMONS FOR A VIOLATION OF
SUBDIVISION TWO OR THREE OF THIS SECTION BY A PERSON LESS  THAN  SIXTEEN
YEARS  OF  AGE TO THE PARENT OR GUARDIAN OF SUCH PERSON IF THE VIOLATION
BY SUCH PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S PARENT OR GUARDI-
AN AND WHERE SUCH PARENT OR GUARDIAN IS SIXTEEN YEARS OF  AGE  OR  MORE.
SUCH  SUMMONS SHALL ONLY BE ISSUED TO SUCH PARENT OR GUARDIAN, AND SHALL
NOT BE ISSUED TO THE PERSON LESS THAN SIXTEEN YEARS OF AGE.
  S 3. This act shall take effect immediately.

co-Sponsors

2011-S1357B (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §102, add §1238-a, V & T L
Versions Introduced in 2009-2010 Legislative Session:: S4014

2011-S1357B (ACTIVE) - Summary

2011-S1357B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1357B

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the definition of
electric assisted bicycle

PURPOSE:
This bill clarifies the vehicle and traffic law to define electric
assisted bicycles; establishes that electric assisted bicycles, as
defined, are bicycles; and establishes safety and operational
criteria for their use.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new subparagraph to Section 102 of the
vehicle and traffic law, defining electric assisted bicycles as: A
bicycle with two or three wheels which has a saddle and fully
operative pedals for human propulsion, and also has an electric
motor. However, the electric motor shall not have a power output of
more than 750 watts, and is incapable of propelling the device at a
speed greater than twenty miles per hour on level ground. The
electric motor should also be incapable of further increasing the
speed of the device when human power alone is used to propel the
device at or more than twenty miles per hour.

Section 2 adds a new section 1238-a to the vehicle and traffic law,

extending the rules, regulations and provisions of the vehicle and
traffic law governing standard bicycles to electric assisted
bicycles; makes the federal equipment and manufacturing requirements
for bicycles or motor driven cycles applicable to electric assisted
bicycles; and adds the following operational and safety requirements
for electric assisted bicycles: electric motor disengagement
criteria; operators under the age of 18 must wear helmets; and no one
under the age of 16 may operate an electric assisted bicycle and
establishes the civil fine and enforcement procedures for failure to
wear a helmet.

Section 3 amends section 125 of the vehicle and traffic law to exempt
electric assisted bicycles from what is classified as a motor vehicle.

Section 4 is the effective date.

JUSTIFICATION:
Defining and establishing operational criteria for electric assisted
bicycles will clarify for authorities that these vehicles are more
akin to bicycles than motorcycles. This will assist in interpreting
the application of the appropriate vehicle and traffic laws to
operators and passengers of these vehicles.

LEGISLATIVE HISTORY:
2009-10: Similar legislation - S.4014/A.2393

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


To take effect ninety days after it shall become law.

2011-S1357B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1357--B
    Cal. No. 945

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced by Sens. DILAN, LIBOUS -- read twice and ordered printed, and
  when  printed  to  be  committed to the Committee on Transportation --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported favorably from said commit-
  tee, ordered to first and second report, ordered to a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the vehicle and traffic law, in relation  to  the  defi-
  nition of electric assisted bicycle

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 102 of the vehicle and traffic law, as  amended  by
chapter 931 of the laws of 1977, is amended to read as follows:
  S 102. Bicycle.  1.  Every  two  or  three wheeled device upon which a
person or persons may ride, propelled by human power through a  belt,  a
chain or gears, with such wheels in a tandem or tricycle, except that it
shall  not include such a device having solid tires and intended for use
only on a sidewalk by pre-teenage children.
  2. AN ELECTRIC ASSISTED DEVICE WITH TWO OR THREE WHEELS  WHICH  HAS  A
SADDLE  AND  FULLY OPERATIVE PEDALS FOR HUMAN PROPULSION AND ALSO HAS AN
ELECTRIC MOTOR. THE ELECTRIC ASSISTED BICYCLE'S  ELECTRIC  MOTOR  SHALL:
HAVE A POWER OUTPUT OF NOT MORE THAN SEVEN HUNDRED FIFTY WATTS; BE INCA-
PABLE  OF PROPELLING THE DEVICE AT A SPEED OF MORE THAN TWENTY MILES PER
HOUR ON LEVEL GROUND; AND BE INCAPABLE OF FURTHER INCREASING  THE  SPEED
OF  THE  DEVICE WHEN HUMAN POWER IS USED TO PROPEL THE DEVICE AT OR MORE
THAN TWENTY MILES PER HOUR.
  S 2.  The vehicle and traffic law is amended by adding a  new  section
1238-a to read as follows:
  S  1238-A. ADDITIONAL PROVISIONS APPLICABLE TO ELECTRIC ASSISTED BICY-
CLES, OPERATORS AND PASSENGERS. 1. IN ADDITION TO COMPLYING WITH ALL  OF
THE  RULES,  REGULATIONS AND PROVISIONS APPLICABLE TO BICYCLES CONTAINED

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

                                                           LBD03255-09-1

S. 1357--B                          2

IN THIS ARTICLE, AN ELECTRIC ASSISTED BICYCLE AS DEFINED IN SECTION  ONE
HUNDRED  TWO  OF  THIS  CHAPTER SHALL COMPLY WITH THE FOLLOWING REQUIRE-
MENTS:
  (A)  MEET  THE  EQUIPMENT  AND MANUFACTURING REQUIREMENTS FOR BICYCLES
ADOPTED BY THE CONSUMER PRODUCT SAFETY COMMISSION (16 C.F.R. 1512.1,  ET
SEQ.) OR THE REQUIREMENTS ADOPTED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION  (49  C.F.R.  571.1,  ET  SEQ.)  IN  ACCORDANCE  WITH THE
NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY ACT OF 1966  (15  U.S.C.  SEC.
1381, ET SEQ.) FOR MOTOR DRIVEN CYCLES; AND
  (B)  OPERATE  IN  A MANNER SO THAT THE ELECTRIC MOTOR IS DISENGAGED OR
CEASES TO FUNCTION WHEN THE BRAKES ARE APPLIED, OR OPERATE IN  A  MANNER
SUCH  THAT THE MOTOR IS ENGAGED THROUGH A SWITCH OR MECHANISM THAT, WHEN
RELEASED, WILL CAUSE THE ELECTRIC MOTOR TO DISENGAGE OR CEASE  TO  FUNC-
TION.
  2.  NO PERSON LESS THAN SIXTEEN YEARS OF AGE SHALL OPERATE AN ELECTRIC
ASSISTED BICYCLE, AND NO LAWFUL OPERATOR SHALL  ALLOW  ANY  PERSON  LESS
THAN SIXTEEN YEARS OF AGE TO OPERATE SUCH BICYCLE HE OR SHE IS OPERATING
OR RIDING.
  3.  A LAWFUL OPERATOR UNDER EIGHTEEN YEARS OF AGE SHALL NOT OPERATE AN
ELECTRIC ASSISTED BICYCLE UNLESS HE OR SHE IS WEARING A  HELMET  MEETING
STANDARDS  ESTABLISHED  BY  THE  COMMISSIONER.  FOR THE PURPOSES OF THIS
SUBDIVISION, WEARING A HELMET MEANS HAVING A HELMET OF GOOD FIT FASTENED
SECURELY ON THE HEAD OF SUCH WEARER  WITH  THE  HELMET  STRAPS  SECURELY
FASTENED.
  4.  (A)  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION TWO OR
THREE OF THIS SECTION SHALL  PAY  A  CIVIL  FINE  NOT  TO  EXCEED  FIFTY
DOLLARS.
  (B) THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS  OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE IF SUCH
PERSON SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF  VIOLATION
AND  THE  APPEARANCE  DATE  FOR  SUCH VIOLATION SUCH PERSON PURCHASED OR
RENTED A HELMET.
  (C) THE COURT MAY WAIVE ANY FINE FOR WHICH A PERSON WHO  VIOLATES  THE
PROVISIONS  OF  SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE IF THE
COURT FINDS THAT DUE TO REASONS OF ECONOMIC  HARDSHIP  SUCH  PERSON  WAS
UNABLE TO PURCHASE A HELMET OR DUE TO SUCH ECONOMIC HARDSHIP SUCH PERSON
WAS  UNABLE TO OBTAIN A HELMET FROM A STATEWIDE OR LOCAL HELMET DISTRIB-
UTION PROGRAM.
  5. THE FAILURE OF ANY PERSON TO COMPLY WITH  THE  PROVISIONS  OF  THIS
SECTION  SHALL  NOT  IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION FOR
PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN
ANY WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION.
  6. A POLICE OFFICER SHALL ONLY ISSUE A  SUMMONS  FOR  A  VIOLATION  OF
SUBDIVISION  TWO  OR THREE OF THIS SECTION BY A PERSON LESS THAN SIXTEEN
YEARS OF AGE TO THE PARENT OR GUARDIAN OF SUCH PERSON IF  THE  VIOLATION
BY SUCH PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S PARENT OR GUARDI-
AN  AND  WHERE  SUCH PARENT OR GUARDIAN IS SIXTEEN YEARS OF AGE OR MORE.
SUCH SUMMONS SHALL ONLY BE ISSUED TO SUCH PARENT OR GUARDIAN, AND  SHALL
NOT BE ISSUED TO THE PERSON LESS THAN SIXTEEN YEARS OF AGE.
  S  3.  Section 125 of the vehicle and traffic law, as amended by chap-
ter 365 of the laws of 2008, is amended to read as follows:
  S 125. Motor vehicles. Every vehicle operated or driven upon a  public
highway  which  is  propelled  by  any  power other than muscular power,
except (a) electrically-driven mobility assistance devices  operated  or
driven  by a person with a disability, (a-1) electric personal assistive
mobility devices operated outside  a  city  with  a  population  of  one

S. 1357--B                          3

million  or  more, (b) vehicles which run only upon rails or tracks, (c)
snowmobiles as defined in article forty-seven of this chapter, [and] (d)
all terrain  vehicles  as  defined  in  article  forty-eight-B  of  this
chapter,  AND  (E)  ELECTRIC ASSISTED BICYCLES AS DEFINED IN SECTION ONE
HUNDRED TWO OF THIS ARTICLE.  For the purposes of  title  four  of  this
chapter,  the  term motor vehicle shall exclude fire and police vehicles
other than ambulances.  For the purposes of titles four and five of this
chapter the term motor vehicles shall exclude farm type tractors and all
terrain type vehicles used exclusively for agricultural purposes, or for
snow plowing, other than for hire, farm equipment,  including  self-pro-
pelled machines used exclusively in growing, harvesting or handling farm
produce,  and self-propelled caterpillar or crawler-type equipment while
being operated on the contract site.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Martin Malavé Dilan

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