Senate Bill S390A

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

                                 390--A
    Cal. No. 10

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee, 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. 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 LESS THAN SEVEN HUNDRED FIFTY WATTS;
HAVE A MAXIMUM SPEED OF LESS THAN TWENTY MILES PER HOUR ON A PAVED LEVEL
SURFACE  WHEN POWERED SOLELY BY SUCH A MOTOR WHILE RIDDEN BY AN OPERATOR
WHO WEIGHS ONE HUNDRED SEVENTY  POUNDS;  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00592-04-3

S. 390--A                           2

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
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.

S. 390--A                           3

  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.
  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.