Assembly Bill A5058

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

                                  5058

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2013
                               ___________

Introduced  by M. of A. ESPINAL -- read once and referred to the Commit-
  tee 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. 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:
  (A) MEET THE EQUIPMENT AND  MANUFACTURING  REQUIREMENTS  FOR  BICYCLES
ADOPTED  BY THE CONSUMER PRODUCT SAFETY COMMISSION (16 C.F.R. 1512.1, ET

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00592-01-3
              

A. 5058                             2

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
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

A. 5058                             3

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.