NY State Senate Bill S997

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Jun 01, 2016	advanced to third reading
May 25, 2016	2nd report cal.
May 24, 2016	1st report cal.1100
Jan 06, 2016	referred to transportation returned to senate died in assembly
May 19, 2015	referred to codes delivered to assembly passed senate
Mar 26, 2015	advanced to third reading
Mar 25, 2015	2nd report cal.
Mar 24, 2015	1st report cal.292
Jan 08, 2015	referred to transportation

Votes

view votes

May 24, 2016 - Transportation committee Vote

S997

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 19, 2015 - floor Vote

S997

floor

Aye

Nay

Absent

Excused

Abstained

Mar 24, 2015 - Transportation committee Vote

S997

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S997 (ACTIVE) - Details

See Assembly Version of this Bill:: A233
Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §§102-c & 1238-a, amd §125, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2393
2011-2012: A1350
2013-2014: S390, A1618
2017-2018: S2888, A1018
2019-2020: A2606

S997 (ACTIVE) - Summary

Defines the term "electric assisted bicycle" for purposes of the applicability of the vehicle and traffic law; requires persons sixteen years of age or older to wear a helmet when operating an electric assisted bicycle.

S997 (ACTIVE) - Sponsor Memo

BILL NUMBER:S997

TITLE OF BILL:  An act to amend the vehicle and traffic 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
operational criteria for their use.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill acids 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 have a power output of no more than seven
hundred fifty watts, and should be incapable of propelling the device
at a speed of twenty miles per hour or more on level ground. The
electric motor should also 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.

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 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 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.

PRIOR LEGISLATIVE HISTORY:

2013-2014: S.390A/A.1618A Died in Rules

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This act shall take effect immediately.

S997 (ACTIVE) - Bill Text download pdf

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

                                   997

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03026-01-5

S. 997                              2

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 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. 997                              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.

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The New York State Senate

senate Bill S997

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

May 24, 2016 - Transportation committee Vote

Transportation Committee Vote: May 24, 2016

May 19, 2015 - floor Vote

Floor Vote: May 19, 2015

Mar 24, 2015 - Transportation committee Vote

Transportation Committee Vote: Mar 24, 2015

Co-Sponsors

S997 (ACTIVE) - Details

S997 (ACTIVE) - Summary

S997 (ACTIVE) - Sponsor Memo

S997 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S997

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Sponsored By

Martin Malavé Dilan

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

May 24, 2016 - Transportation committee Vote

Transportation Committee Vote: May 24, 2016

May 19, 2015 - floor Vote

Floor Vote: May 19, 2015

Mar 24, 2015 - Transportation committee Vote

Transportation Committee Vote: Mar 24, 2015

Co-Sponsors

Thomas F. O'Mara

Jesse Hamilton

Timothy M. Kennedy

Kathleen A. Marchione

Toby Ann Stavisky

S997 (ACTIVE) - Details

S997 (ACTIVE) - Summary

S997 (ACTIVE) - Sponsor Memo

S997 (ACTIVE) - Bill Text download pdf

Comments