S T A T E   O F   N E W   Y O R K
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                                  6659

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 12, 2013
                               ___________

Introduced  by  M. of A. OAKS, BARCLAY -- Multi-Sponsored by -- M. of A.
  CERETTO, CORWIN,  CROUCH,  McLAUGHLIN,  MONTESANO  --  read  once  and
  referred to the Committee on Transportation

AN  ACT  to  amend the vehicle and traffic law, in relation to the defi-
  nition of power-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. POWER-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 OR INTERNAL COMBUSTION  MOTOR.  THE  POWER-ASSISTED
BICYCLE'S MOTOR SHALL: HAVE A POWER OUTPUT OF NOT MORE THAN ONE THOUSAND
WATTS  OR  HAVE A PISTON DISPLACEMENT OF NOT MORE THAN FORTY-EIGHT CUBIC
CENTIMETERS; 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) POWER-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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04390-01-3
              

A. 6659                             2

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  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 POWER-ASSISTED BICYCLES,
OPERATORS AND PASSENGERS. 1. IN ADDITION TO COMPLYING WITH  ALL  OF  THE
RULES,  REGULATIONS  AND  PROVISIONS APPLICABLE TO BICYCLES CONTAINED IN
THIS ARTICLE, A POWER-ASSISTED BICYCLE AS DEFINED IN SECTION ONE HUNDRED
TWO-C OF THIS CHAPTER SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:
  (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 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 MOTOR TO DISENGAGE OR CEASE TO FUNCTION.
  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 A POWER-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  BICY-
CLE.
  3.  NO PERSON SIXTEEN YEARS OF AGE OR OLDER SHALL OPERATE OR RIDE AS A
PASSENGER ON A POWER-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.

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  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.