NY State Senate Bill 2015-S6786

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
May 23, 2016	advanced to third reading
May 18, 2016	2nd report cal.
May 17, 2016	1st report cal.903
Feb 22, 2016	referred to transportation

Votes

- May 17, 2016 - Transportation Committee Vote
  S6786
  
  14
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 17, 2016
      
      aye (14)
      
      Avella
      
      Dilan
      
      Gallivan
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      Martins
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Stavisky
      
      Valesky
      
      Young
      
      aye wr (3)
      
      Kaminsky
      
      Perkins
      
      Squadron
      
      excused (2)
      
      Diaz
      
      Nozzolio

2015-S6786 (ACTIVE) - Details

See Assembly Version of this Bill:: A9726
Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §§102-c & 1238-a, amd §§121-b, 125 & 159, V & T L; amd §316, Hway L; amd §180, Gen Muni L
Versions Introduced in 2017-2018 Legislative Session:: S2282, A7059

2015-S6786 (ACTIVE) - Summary

Relates to the definition of electric assisted bicycle.

2015-S6786 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6786

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

 PURPOSE OR GENERAL IDEA OF BILL :

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
operation criteria for their use.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill adds a new Section 102-c to the vehicle and
traffic law and electric assisted bicycle as a bicycle equipped with
fully operable pedals and an electric motor of less than seven hundred
fifty watts. The electric motor shall provide assistance only when the
rider is pedaling and shall cease to provide assistance when the
bicycle reaches the speed of twenty miles per hour. Such bicycle shall
be defined as a class one electric assisted bicycle or a low-speed
pedal assisted electric bicycle.

Section 2 exempts electric assisted bicycles from the limited use
motorcycle classification.

Section 3 exempts electric assisted bicycles from the motor vehicle
definition.

Section 4 exempts electric assisted bicycles from the vehicle
definition

Section 5 adds a new section 1238-a 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 requirement and manufacturing requirements
for bicycles; on and after January first, two thousand seventeen
manufacturers and distributors of electric assisted bicycles shall
apply an information label containing classification number, top
assisted speed, and motor wattage of the electric assisted bicycle on
a prominent location on each bicycle; requires that persons modifying
electric assisted bicycle speeds must appropriately replace the label.

Section 6 prevents authorities of highways, public streets, parks,
parkways, driveways from restricting the use of electric assisted
bicycles, but permits the city of New York to apply regulations,
ordinances or rules, regulating the use of electric assisted bicycles
in the city of New York.

Section 7 allows governing boards of municipal corporations to adopt
local laws to regulate the use of bicycles on the public highways,
streets, avenues, walks, parks and public places within their limits.
States that local laws shall not impose any charge, tax or otherwise
not provide for the free use of electric assisted bicycles

Section 8 states the effective date.

 JUSTIFICATION :

In 2002, federal law was amended to distinguish bicycles with
low-power batteries capable of reaching speeds of 20 mph or less, from
motorcycles, mopeds and motor vehicles. These electric bikes (e-bikes)
do not operate unless the rider is pedaling and the battery will shut
off when the bike reaches a speed of 20 mph. Many states also updated
their laws to classify and regulate e-bikes as if they were regular
bicycles. Because New York was not one of the states to make this
change, manufacturers and consumers in this fast-growing market are
left with a situation where it is legal to buy and sell electric bikes
in the state but it is illegal to operate them on public roadways.
E-bikes will have a tremendous impact on the tourism economy and
health of New Yorkers and it is time for the state to legalize their
use.

E-bikes look and operate almost exactly like a regular bicycle and are
designed to be as safe as bicycles, but are easier to pedal with
assistance from an electric motor that is activated and used while the
rider is pedaling. In order for the battery to work the rider must
continue to pedal, however, the motor will automatically shut off when
the rider reaches 20 mph. Electric bicycles do not compromise consumer
safety and in fact since they have grown in popularity there have not
been any significant increase in bike collisions, trail user
conflicts, safety complaints or litigation. In fact, research shows
that the average speed of e-bike users on roadways is 1.8 mph faster
than that of regular bicycle users.

E-bikes are increasingly recognized as a way to get more people out of
their cars and onto a bicycle as they appeal to people who want to
bike but would otherwise not do so because of physical limitations and
other personal barriers. They allow current bicyclists to bike more
often and travel farther distances, and expand the range of trips
where an e-bike can be used instead of a car. Electric bikes use green
battery technology and have the potential to become an important
addition to New York's growing energy-efficient transportation system.
Encouraging bicycle ridership by any means benefits the environment
and improves the state's air quality, traffic congestion and quality
of life.

Legalizing the use of e-bikes would bring increased business to local
bicycle shops and bicycle and accessory manufacturers from both
existing bike riders and those who are drawn to e-bikes and would have
a positive impact on New York's tourism industry. Bike tours of cities
such as Buffalo and Rochester have become immensely popular in recent
years and e-bikes would enhance the tourists' experiences. New York is
home to thousands of miles of trails from the Hudson Valley to Buffalo
and e-bikes would offer another way for New Yorkers of all ages and
fitness levels to explore these trails and appreciate the state's
beauty. In the United States, the bike industry estimates more than
200,000 e-bikes may be sold in 2015 and this number is set to increase
by 10% annually.

Legalizing e-bike use in New York is a benefit to both riders and to
the state. Encouraging bicycle use is a safe way to help the
environment by limiting congestion, support healthy living, and
promote New York's robust and diverse tourism industry. If New York is
to move forward as a bicycle-friendly state, public policy makers must
legalize e-bikes and reap the benefits of increased ridership.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately

2015-S6786 (ACTIVE) - Bill Text download pdf

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

                                  6786

                            I N  S E N A T E

                            February 22, 2016
                               ___________

Introduced  by  Sen.  O'MARA -- 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, the  highway  law  and  the
  general  municipal  law,  in  relation  to  the definition 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.  AN  "ELECTRIC  ASSISTED  BICYCLE"
SHALL MEAN A BICYCLE EQUIPPED WITH FULLY OPERABLE PEDALS AND AN ELECTRIC
MOTOR OF LESS THAN SEVEN HUNDRED FIFTY WATTS. AN ELECTRIC ASSISTED BICY-
CLE  WITH A MOTOR THAT PROVIDES ASSISTANCE ONLY WHEN THE RIDER IS PEDAL-
ING, AND THAT CEASES TO PROVIDE ASSISTANCE WHEN THE BICYCLE REACHES  THE
SPEED OF TWENTY MILES PER HOUR, IS A CLASS ONE ELECTRIC ASSISTED BICYCLE
OR A LOW-SPEED PEDAL-ASSISTED ELECTRIC BICYCLE.
  S 2. Section 121-b of the vehicle and traffic law, as amended by chap-
ter 160 of the laws of 1981, is amended to read as follows:
  S 121-b. Limited use motorcycle. A limited use vehicle having only two
or three wheels, with a seat or saddle for the operator, EXCEPT ELECTRIC
ASSISTED  BICYCLES AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS ARTI-
CLE. A limited use motorcycle having a  maximum  performance  speed,  of
more  than  thirty miles per hour but not more than forty miles per hour
shall be a class A limited use  motorcycle.  A  limited  use  motorcycle
having  a  maximum  performance speed of more than twenty miles per hour
but not more than thirty miles per hour, shall be a class B limited  use
motorcycle.  A limited use motorcycle having a maximum performance speed
of not more than twenty miles per hour shall be a class  C  limited  use
motorcycle.
  S 3. 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

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

                                                           LBD14015-02-6

S. 6786                             2

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
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. Section 159 of the vehicle and traffic law is amended to read as
follows:
  S 159. Vehicle.  Every device in, upon, or  by  which  any  person  or
property  is  or  may  be  transported  or  drawn upon a highway, except
devices moved by human power or used exclusively upon  stationary  rails
or  tracks,  AND  ELECTRIC  ASSISTED  BICYCLES AS DEFINED IN SECTION ONE
HUNDRED TWO-C OF THIS ARTICLE.
  S 5. 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.  AN  ELECTRIC  ASSISTED  BICYCLE,  AS
DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS CHAPTER, OR THE OPERATOR OF
AN  ELECTRIC ASSISTED BICYCLE, SHALL COMPLY WITH ALL OF THE RULES, REGU-
LATIONS AND PROVISIONS APPLICABLE TO A BICYCLE  OR  THE  OPERATOR  OF  A
BICYCLE  CONTAINED  IN  THIS  CHAPTER. IN ADDITION, AN ELECTRIC ASSISTED
BICYCLE IS SUBJECT TO THE FOLLOWING REQUIREMENTS:
  (A) EVERY MANUFACTURER OF AN ELECTRIC ASSISTED BICYCLE  SHALL  CERTIFY
THAT  IT  COMPLIES WITH THE EQUIPMENT AND MANUFACTURING REQUIREMENTS FOR
BICYCLES ADOPTED BY THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION
(16 C.F.R. 1512.1, ET SEQ.).
  (B) AN ELECTRIC ASSISTED BICYCLE SHALL 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 FUNCTION.
  (C) ON AND AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN,  MANUFACTURERS
AND  DISTRIBUTORS OF ELECTRIC ASSISTED BICYCLES SHALL APPLY A LABEL THAT
IS PERMANENTLY AFFIXED,  IN  A  PROMINENT  LOCATION,  TO  EACH  ELECTRIC
ASSISTED BICYCLE. THE LABEL SHALL CONTAIN THE CLASSIFICATION NUMBER, TOP
ASSISTED  SPEED, AND MOTOR WATTAGE OF THE ELECTRIC ASSISTED BICYCLE, AND
SHALL BE PRINTED IN ARIAL FONT IN AT LEAST NINE-POINT TYPE.
  (D) A PERSON SHALL NOT TAMPER WITH  OR  MODIFY  AN  ELECTRIC  ASSISTED
BICYCLE  SO  AS  TO CHANGE THE SPEED CAPABILITY OF THE ELECTRIC ASSISTED
BICYCLE, UNLESS HE OR SHE APPROPRIATELY REPLACES  THE  LABEL  INDICATING
THE  CLASSIFICATION REQUIRED IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS
SECTION.
  2. 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. 6786                             3

  S  6. Section 316 of the highway law, as amended by chapter 655 of the
laws of 1978, is amended to read as follows:
  S 316. Entitled to free use of highways. The authorities having charge
or  control  of  any highway, public street, park, parkway, driveway, or
place, shall have no power or authority to pass, enforce or maintain any
ordinance, rule or regulation by which any person using a bicycle, ELEC-
TRIC ASSISTED BICYCLE or tricycle shall be excluded or  prohibited  from
the  free  use of any highway, public street, avenue, roadway, driveway,
parkway, park, or place, at any time when the same is open to  the  free
use  of  persons  having and using other pleasure carriages, except upon
such driveway, speedway or road as has been  or  may  be  expressly  set
apart  by  law  for the exclusive use of horses and light carriages. But
nothing herein shall prevent the passage, enforcement or maintenance  of
any regulation, ordinance or rule, regulating the use of bicycles, ELEC-
TRIC  ASSISTED BICYCLES or tricycles in highways, public streets, drive-
ways, parks, parkways, and places, or the regulation  of  the  speed  of
carriages,  vehicles  or  engines, in public parks and upon parkways and
driveways in the city of New York, under the exclusive jurisdiction  and
control  of  the  department  of  parks and recreation of said city, nor
prevent any such authorities in any other city from regulating the speed
of any vehicles herein described in such manner as to limit  and  deter-
mine  the  proper rate of speed with which such vehicle may be propelled
nor in such manner as to require, direct or prohibit the use  of  bells,
lamps  and  other  appurtenances  nor to prohibit the use of any vehicle
upon that part of the highway, street, park, or parkway, commonly  known
as the footpath or sidewalk.
  S  7.  Section 180 of the general municipal law, as amended by chapter
668 of the laws of 2004, is amended to read as follows:
  S 180. Ordinances to regulate use of bicycles. The governing boards of
municipal corporations as defined in section two of  this  chapter,  may
adopt local laws to regulate the use of bicycles on the public highways,
streets,  avenues,  walks,  parks and public places within their limits.
Such local laws shall be supplemental and in addition to the  provisions
of  the vehicle and traffic law relating to vehicles and not in conflict
therewith. Provided further that such local laws shall  not  impose  any
charge, tax or otherwise not provide for the free use of bicycles, ELEC-
TRIC ASSISTED BICYCLES and tricycles.
  S 8. This act shall take effect immediately.

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Senate Bill S6786

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

May 17, 2016 - Transportation Committee Vote

Transportation Committee Vote: May 17, 2016

2015-S6786 (ACTIVE) - Details

2015-S6786 (ACTIVE) - Summary

2015-S6786 (ACTIVE) - Sponsor Memo

2015-S6786 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6786

Share this bill

Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - In Senate Committee Rules Committee

2015-S6786 (ACTIVE) - Details

2015-S6786 (ACTIVE) - Summary

2015-S6786 (ACTIVE) - Sponsor Memo

2015-S6786 (ACTIVE) - Bill Text download pdf

Comments