LBD11441-03-7
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§ 4. 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:
§ 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
BICYCLES AS DEFINED IN SECTIONS ONE HUNDRED TWO-C, ONE HUNDRED TWO-D AND
ONE HUNDRED TWO-E OF THIS ARTICLE. 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 motorcy-
cle. 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.
§ 5. Section 125 of the vehicle and traffic law, as amended by chapter
365 of the laws of 2008, is amended to read as follows:
§ 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 BICYCLES AS DEFINED IN SECTIONS ONE HUNDRED
TWO-C, ONE HUNDRED TWO-D AND ONE HUNDRED TWO-E 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 exclusive-
ly for agricultural purposes, or for snow plowing, other than for hire,
farm equipment, including self-propelled machines used exclusively in
growing, harvesting or handling farm produce, and self-propelled cater-
pillar or crawler-type equipment while being operated on the contract
site.
§ 6. Section 159 of the vehicle and traffic law is amended to read as
follows:
§ 159. Vehicle. Every device in, upon, or by which any person or prop-
erty 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 BICYCLES AS DEFINED IN SECTIONS ONE HUNDRED TWO-C, ONE
HUNDRED TWO-D AND ONE HUNDRED TWO-E OF THIS ARTICLE.
§ 7. Section 1230 of the vehicle and traffic law, subdivision (b) as
amended by chapter 694 of the laws of 1995, is amended to read as
follows:
§ 1230. Effect of regulations. (a) The parent of any child and the
guardian of any ward shall not authorize or knowingly permit any such
child or ward to violate any of the provisions of this article.
(b) These regulations applicable to bicycles, ELECTRIC BICYCLES, or to
in-line skates shall apply whenever a bicycle OR ELECTRIC BICYCLE is, or
in-line skates are, operated upon any highway, upon private roads open
to public motor vehicle traffic and upon any path set aside for the
exclusive use of bicycles, ELECTRIC BICYCLES, or in-line skates, or
[both] ALL.
§ 8. Section 1231 of the vehicle and traffic law, as amended by chap-
ter 694 of the laws of 1995, is amended to read as follows:
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§ 1231. Traffic laws apply to persons riding bicycles OR ELECTRIC
BICYCLES or skating or gliding on in-line skates. Every person riding a
bicycle OR ELECTRIC BICYCLE or skating or gliding on in-line skates upon
a roadway shall be granted all of the rights and shall be subject to all
of the duties applicable to the driver of a vehicle by this title,
except as to special regulations in this article and except as to those
provisions of this title which by their nature can have no application.
§ 9. Section 1232 of the vehicle and traffic law is amended to read as
follows:
§ 1232. Riding on bicycles AND ELECTRIC BICYCLES. (a) A person
propelling a bicycle OR ELECTRIC BICYCLE shall not ride other than upon
or astride a permanent and regular seat attached thereto, nor shall he
ride with his feet removed from the pedals.
(b) No bicycle OR ELECTRIC BICYCLE shall be used to carry more persons
at one time than the number for which it is designed and equipped.
§ 10. The vehicle and traffic law is amended by adding a new section
1232-a to read as follows:
§ 1232-A. ADDITIONAL REQUIREMENTS FOR RIDING ON ELECTRIC BICYCLES. (A)
NO PERSON SHALL OPERATE OR PARK AN ELECTRIC BICYCLE ON ANY PUBLIC HIGH-
WAY OR STREET IN THIS STATE UNLESS A LABEL IS PERMANENTLY AFFIXED, IN A
PROMINENT LOCATION, ON SUCH PERSON'S ELECTRIC BICYCLE. SUCH LABEL SHALL
CONTAIN THE MAXIMUM SPEED, AND MOTOR WATTAGE OF THE ELECTRIC BICYCLE,
AND SHALL BE PRINTED IN ARIAL FONT IN AT LEAST NINE-POINT TYPE. ANY
ELECTRIC BICYCLE MANUFACTURED, DISTRIBUTED OR SOLD IN NEW YORK STATE
SHALL HAVE A LABEL THAT IS PERMANENTLY AFFIXED IN A PROMINENT LOCATION.
SUCH LABEL SHALL CONTAIN THE CLASSIFICATION NUMBER OF SUCH BICYCLE, THE
TOP ASSISTED SPEED, AND MOTOR WATTAGE OF THE ELECTRIC BICYCLE, AND SHALL
BE PRINTED IN ARIAL FONT IN AT LEAST NINE-POINT TYPE.
(B) NO PERSON SHALL TAMPER WITH OR MODIFY AN ELECTRIC BICYCLE TO:
(1) INCREASE THE OUTPUT OF SUCH BICYCLE TO SEVEN HUNDRED FIFTY WATTS
OR GREATER; OR
(2) INCREASE THE SPEED BEYOND THE CLASS OF SUCH BICYCLE, AS DEFINED IN
SECTIONS ONE HUNDRED TWO-C, ONE HUNDRED TWO-D AND ONE HUNDRED TWO-E OF
THIS CHAPTER, AT THE TIME SUCH BICYCLE WAS MANUFACTURED AND DISTRIBUTED.
(C) NO PERSON SHALL ACCELERATE THE SPEED OF A CLASS ONE OR CLASS THREE
ELECTRIC BICYCLE MOTOR BY MEANS OTHER THAN PEDALING.
(D) EVERY MANUFACTURER OF AN ELECTRIC BICYCLE SHALL CERTIFY, AT A
MINIMUM, THAT IT COMPLIES WITH THE EQUIPMENT AND MANUFACTURING REQUIRE-
MENTS FOR BICYCLES ADOPTED BY THE UNITED STATES CONSUMER PRODUCT SAFETY
COMMISSION (16 C.F.R. 1512.1, ET SEQ.).
§ 11. Subdivision 1 of section 1233 of the vehicle and traffic law, as
amended by chapter 703 of the laws of 2004, is amended to read as
follows:
1. No person riding upon any bicycle, ELECTRIC BICYCLE, coaster,
in-line skates, roller skates, skate board, sled, or toy vehicle shall
attach the same or himself or herself to any vehicle being operated upon
a roadway.
§ 12. Section 1234 of the vehicle and traffic law, as amended by chap-
ter 16 of the laws of 1996, is amended to read as follows:
§ 1234. Riding on roadways, shoulders, bicycle, ELECTRIC BICYCLE or
in-line skate lanes and bicycle or in-line skate paths. (a) Upon all
roadways, any bicycle, ELECTRIC BICYCLE or in-line skate shall be driven
either on a usable bicycle or in-line skate lane or, if a usable bicycle
or in-line skate lane has not been provided, near the right-hand curb or
edge of the roadway or upon a usable right-hand shoulder in such a
manner as to prevent undue interference with the flow of traffic except
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when preparing for a left turn or when reasonably necessary to avoid
conditions that would make it unsafe to continue along near the right-
hand curb or edge. Conditions to be taken into consideration include,
but are not limited to, fixed or moving objects, vehicles, bicycles,
ELECTRIC BICYCLES, in-line skates, pedestrians, animals, surface hazards
or traffic lanes too narrow for a bicycle, OR ELECTRIC BICYCLE or person
on in-line skates and a vehicle to travel safely side-by-side within the
lane.
(b) Persons riding bicycles OR ELECTRIC BICYCLES or skating or gliding
on in-line skates upon a roadway shall not ride more than two abreast.
Persons riding bicycles OR ELECTRIC BICYCLES or skating or gliding on
in-line skates upon a shoulder, bicycle or in-line skate lane, or bicy-
cle or in-line skates path, intended for the use of bicycles or in-line
skates may ride two or more abreast if sufficient space is available,
except that when passing a vehicle, bicycle, ELECTRIC BICYCLE or person
on in-line skates, or pedestrian, standing or proceeding along such
shoulder, lane or path, persons riding bicycles OR ELECTRIC BICYCLES or
skating or gliding on in-line skates shall ride, skate, or glide single
file. Persons riding bicycles OR ELECTRIC BICYCLES or skating or gliding
on in-line skates upon a roadway shall ride, skate, or glide single file
when being overtaken by a vehicle.
(c) Any person operating a bicycle OR ELECTRIC BICYCLE or skating or
gliding on in-line skates who is entering the roadway from a private
road, driveway, alley or over a curb shall come to a full stop before
entering the roadway.
§ 13. Section 1235 of the vehicle and traffic law, as amended by chap-
ter 703 of the laws of 2004, is amended to read as follows:
§ 1235. Carrying articles. No person operating a bicycle OR ELECTRIC
BICYCLE shall carry any package, bundle, or article which prevents the
driver from keeping at least one hand upon the handle bars. No person
skating or gliding on in-line skates shall carry any package, bundle, or
article which obstructs his or her vision in any direction. No person
operating a skate board shall carry any package, bundle, or article
which obstructs his or her vision in any direction.
§ 14. Section 1236 of the vehicle and traffic law, subdivision (a) as
amended by chapter 16 of the laws of 2009 and subdivisions (d) and (e)
as added by chapter 887 of the laws of 1976, is amended to read as
follows:
§ 1236. Lamps and other equipment on bicycles AND ELECTRIC BICYCLES.
(a) Every bicycle OR ELECTRIC BICYCLE when in use during the period from
one-half hour after sunset to one-half hour before sunrise shall be
equipped with a lamp on the front which shall emit a white light visible
during hours of darkness from a distance of at least five hundred feet
to the front and with a red or amber light visible to the rear for three
hundred feet. Effective July first, nineteen hundred seventy-six, at
least one of these lights shall be visible for two hundred feet from
each side.
(b) No person shall operate a bicycle OR ELECTRIC BICYCLE unless it is
equipped with a bell or other device capable of giving a signal audible
for a distance of at least one hundred feet, except that a bicycle OR
ELECTRIC BICYCLE shall not be equipped with nor shall any person use
upon a bicycle OR ELECTRIC BICYCLE any siren or whistle.
(c) Every bicycle OR ELECTRIC BICYCLE shall be equipped with a brake
which will enable the operator to make the braked wheels skid on dry,
level, clean pavement, PROVIDED, HOWEVER, SUCH BRAKE OF A CLASS ONE OR
CLASS THREE ELECTRIC BICYCLE SHALL ALSO OPERATE IN A MANNER SO THAT THE
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ELECTRIC MOTOR IS DISENGAGED OR CEASES TO FUNCTION WHEN THE BRAKE IS
APPLIED.
(d) Every new bicycle OR ELECTRIC BICYCLE shall be equipped with
reflective tires or, alternately, a reflex reflector mounted on the
spokes of each wheel, said tires and reflectors to be of types approved
by the commissioner. The reflex reflector mounted on the front wheel
shall be colorless or amber, and the reflex reflector mounted on the
rear wheel shall be colorless or red.
(e) Every bicycle OR ELECTRIC BICYCLE when in use during the period
from one-half hour after sunset to one-half hour before sunrise shall be
equipped with reflective devices or material meeting the standards
established by rules and regulations promulgated by the commissioner;
provided, however, that such standards shall not be inconsistent with or
otherwise conflict with the requirements of subdivisions (a) and (d) of
this section.
§ 15. Section 1238 of the vehicle and traffic law, as amended by chap-
ter 267 of the laws of 1993, paragraph (a) of subdivision 2 and para-
graphs (a) and (b) of subdivision 5 as amended by chapter 457 of the
laws of 1999, subdivisions 2-a, 5-a, 9 and 10 and paragraph (c) of
subdivision 6 as amended by chapter 703 of the laws of 2004, subdivision
5 as amended by chapter 132 of the laws of 1994, subdivision 5-b as
added and paragraph (a) of subdivision 6 as amended by chapter 402 of
the laws of 2001 and subdivision 8 as amended by chapter 694 of the laws
of 1995, is amended to read as follows:
§ 1238. Passengers on bicycles OR ELECTRIC BICYCLES under one year of
age prohibited; passengers and operators under fourteen years of age to
wear protective headgear. 1. No person operating a bicycle OR ELECTRIC
BICYCLE shall allow a person who is under one year of age to ride as a
passenger on a bicycle OR ELECTRIC BICYCLE nor shall such person be
carried in a pack fastened to the operator. A first violation of the
provisions of this subdivision shall result in no fine. A second
violation shall result in a civil fine not to exceed fifty dollars.
2. No person operating a bicycle OR ELECTRIC BICYCLE shall allow a
person one or more years of age and less than five years of age to ride
as a passenger on a bicycle OR ELECTRIC BICYCLE unless:
(a) such passenger 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 upon the head
with the helmet straps; and
(b) such passenger is placed in a separate seat attached to the bicy-
cle OR ELECTRIC BICYCLE and such seat shall have adequate provision for
retaining the passenger in place and for protecting the passenger from
the moving parts of the bicycle OR ELECTRIC BICYCLE.
2-a. The commissioner shall promulgate rules and regulations estab-
lishing standards for helmets required to be worn while bicycling,
in-line skating, or operating a skate board. Such standards, to the
extent practicable, shall reflect the standards recommended by the Snell
Memorial Foundation, Safety Equipment Institute, or United States
Consumer Product Safety Commission.
3. Any person who violates the provisions of subdivision two of this
section shall pay a civil fine not to exceed fifty dollars.
4. The court shall waive any fine for which a person who violates the
provisions of paragraph (a) of subdivision two 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, which meets the requirements of paragraph
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(a) of subdivision two of this section. Further, the court shall waive
any fine for which a person who violates the provisions of paragraph (b)
of subdivision two 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
seat which meets the requirements of paragraph (b) of subdivision two of
this section. The court may waive any fine for which a person who
violates the provisions of subdivision two 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 seat. Such waiver of fine
shall not apply to a second or subsequent conviction under paragraph (a)
or (b) of subdivision two of this section.
5. (a) No person operating a bicycle OR ELECTRIC BICYCLE shall allow a
person five or more years of age and less than fourteen years of age to
ride as a passenger on a bicycle OR ELECTRIC BICYCLE unless such passen-
ger is wearing a helmet meeting standards established by the commission-
er.
(b) No person, one or more years of age and less than fourteen years
of age, shall operate a bicycle OR ELECTRIC BICYCLE unless such person
is wearing a helmet meeting standards established by the commissioner.
(c) For the purposes of this subdivision wearing a helmet means having
a helmet of good fit fastened securely upon the head with the helmet
straps.
5-a. No person, one or more years of age and less than fourteen years
of age, shall skate or glide on in-line skates or a skate board 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.
5-b. No person less than fourteen years of age shall ride upon, propel
or otherwise operate a two-wheeled vehicle commonly called a scooter
unless such person is wearing a helmet meeting standards established by
the commissioner. As used in this subdivision, wearing a helmet means
having a properly fitting helmet fixed securely on the head of such
wearer with the helmet straps securely fastened.
6. (a) Any person who violates the provisions of subdivision five,
five-a or five-b 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 five 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 five, five-a, or five-b 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 bicycle helmet distribution program, as established in
section two hundred six of the public health law, or a local distrib-
ution program.
7. 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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8. A police officer shall only issue a summons for a violation of
subdivision two, five, or five-a of this section by a person less than
fourteen 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 guardian 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 fourteen years of age.
9. Subdivisions five, five-a, five-b, and six of this section shall
not be applicable to any county, city, town or village that has enacted
a local law or ordinance prior to the effective date of this subdivision
that prohibits a person who is one or more years of age and less than
fourteen years of age from operating a bicycle, ELECTRIC BICYCLE or
skating or gliding on in-line skates or a skate board without wearing a
bicycle helmet meeting the standards of the American National Standards
Institute (Ansi Z 90.4 bicycle helmet standards), the Snell Memorial
Foundation's Standards for Protective Headgear for use in Bicycling, or
the American Society of Testing and Materials (ASTM) bike helmet stand-
ards, or that prohibits a person operating a bicycle OR ELECTRIC BICYCLE
from allowing a person five or more years of age and less than fourteen
years of age to ride as a passenger on a bicycle OR ELECTRIC BICYCLE
unless such passenger is wearing a bicycle helmet that meets such stand-
ards. The failure of any person to comply with any such local law or
ordinance 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.
The legislative body of a county, city, town or village may enact a
local law or ordinance that prohibits a person who is fourteen or more
years of age from skating or gliding on in-line skates, operating a
skate board, or operating or riding as a passenger on a bicycle OR ELEC-
TRIC BICYCLE without wearing a bicycle helmet.
10. No person shall skate or glide on in-line skates or a skate board
outside during the period of time between one-half hour after sunset and
one-half hour before sunrise unless such person is wearing readily visi-
ble reflective clothing or material which is of a light or bright color.
§ 16. The vehicle and traffic law is amended by adding two new
sections 1242 and 1243 to read as follows:
§ 1242. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC BICYCLE
WITHOUT REPORTING IN THE SECOND DEGREE. 1. ANY PERSON AGE EIGHTEEN YEARS
OR OLDER OPERATING AN ELECTRIC BICYCLE WHO, KNOWING OR HAVING CAUSE TO
KNOW, THAT PHYSICAL INJURY, AS DEFINED IN SUBDIVISION NINE OF SECTION
10.00 OF THE PENAL LAW, HAS BEEN CAUSED TO ANOTHER PERSON, DUE TO THE
OPERATION OF SUCH AN ELECTRIC BICYCLE BY SUCH PERSON, SHALL, BEFORE
LEAVING THE PLACE WHERE THE SAID PHYSICAL INJURY OCCURRED, STOP, AND
PROVIDE HIS NAME AND RESIDENCE, INCLUDING STREET AND STREET NUMBER, TO
THE INJURED PARTY, IF PRACTICAL, AND ALSO TO A POLICE OFFICER, OR IN THE
EVENT THAT NO POLICE OFFICER IS IN THE VICINITY OF THE PLACE OF SAID
INJURY, THEN SUCH PERSON SHALL REPORT SAID INCIDENT AS SOON AS PHYS-
ICALLY ABLE TO THE NEAREST POLICE STATION OR JUDICIAL OFFICER.
2. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC BICYCLE
WITHOUT REPORTING IN THE SECOND DEGREE IS A VIOLATION.
§ 1243. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC BICYCLE
WITHOUT REPORTING IN THE FIRST DEGREE. 1. ANY PERSON AGE EIGHTEEN YEARS
OR OLDER OPERATING AN ELECTRIC BICYCLE WHO, KNOWING OR HAVING CAUSE TO
KNOW, THAT SERIOUS PHYSICAL INJURY, AS DEFINED IN SUBDIVISION TEN OF
SECTION 10.00 OF THE PENAL LAW, HAS BEEN CAUSED TO ANOTHER PERSON, DUE
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TO THE OPERATION OF SUCH AN ELECTRIC BICYCLE BY SUCH PERSON, SHALL,
BEFORE LEAVING THE PLACE WHERE THE SAID SERIOUS PHYSICAL INJURY
OCCURRED, STOP, AND PROVIDE HIS NAME AND RESIDENCE, INCLUDING STREET AND
STREET NUMBER, TO THE INJURED PARTY, IF PRACTICAL, AND ALSO TO A POLICE
OFFICER, OR IN THE EVENT THAT NO POLICE OFFICER IS IN THE VICINITY OF
THE PLACE OF SAID INJURY, THEN SUCH PERSON SHALL REPORT SAID INCIDENT AS
SOON AS PHYSICALLY ABLE TO THE NEAREST POLICE STATION OR JUDICIAL OFFI-
CER.
2. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC BICYCLE
WITHOUT REPORTING IN THE FIRST DEGREE IS A CLASS B MISDEMEANOR.
§ 17. Paragraph 1 of subdivision a of section 10-157 of the adminis-
trative code of the city of New York, as amended by local law number 56
of the city of New York for the year 2012, is amended to read as
follows:
(1) "bicycle" shall have the same meaning as in section 19-176 of this
code, and shall also mean any wheeled device propelled exclusively by
human power as well as A CLASS ONE ELECTRIC BICYCLE, AS DEFINED IN
SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW, AND any
motor-assisted device that is not capable of being registered by the New
York state department of motor vehicles;
§ 18. Section 19-176 of the administrative code of the city of New
York, as added by local law number 6 of the city of New York for the
year 1996 and subdivisions b, c and i as amended, subdivisions d and h
as added and subdivisions e, f and g as relettered by local law number
14 of the city of New York for the year 2002, is amended to read as
follows:
§ 19-176 Bicycle operation on sidewalks prohibited. a. For purposes of
this section:
(1) The term "bicycle" shall mean a 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 a child.
(2) The term "sidewalk" shall mean that portion of the street, whether
paved or unpaved, between the curb lines or the lateral lines of a road-
way and the adjacent property lines, intended for the use of pedestri-
ans. Where it is not clear which section is intended for the use of
pedestrians the sidewalk will be deemed to be that portion of the street
between the building line and the curb.
(3) The term "child" shall mean a person less than fourteen years of
age.
(4) THE TERM "CLASS ONE ELECTRIC BICYCLE" SHALL HAVE THE SAME MEANING
AS IN SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW.
b. No person shall ride a bicycle OR A CLASS ONE ELECTRIC BICYCLE upon
any sidewalk unless permitted by an official sign. A person who violates
this subdivision may be issued a notice of violation and shall be liable
for a civil penalty of not more than one hundred dollars which may be
recovered in a proceeding before the environmental control board.
c. A person who violates subdivision b of this section in a manner
that endangers any other person or property shall be guilty of a misde-
meanor, punishable by a fine of not more than one hundred dollars or
imprisonment for not more than twenty days or both such fine and impri-
sonment. Such person shall also be liable for a civil penalty of not
less than one hundred dollars nor more than three hundred dollars,
except where a hearing officer has determined that where there was phys-
ical contact between the rider and another person, an additional civil
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penalty of not less than one hundred dollars nor more than two hundred
dollars may be imposed. Such civil penalties may be recovered in a
proceeding before the environmental control board. Enforcement agents
shall indicate on the summons or notice of violation issued pursuant to
this subdivision whether physical contact was made between the rider and
another person. Any person who violates any provision of this subdivi-
sion more than once within any six month period shall be subject to the
imposition of civil penalties in an amount that is double what would
otherwise have been imposed for the commission of a first violation. It
shall be an affirmative defense that physical contact between a rider
and another person was in no way the fault of the rider.
d. Where a summons or notice of violation is issued for a violation of
subdivision c of this section, the bicycle OR A CLASS ONE ELECTRIC BICY-
CLE may be seized and impounded.
e. A bicycle OR A CLASS ONE ELECTRIC BICYCLE impounded pursuant to
this section shall be released to the owner or other person lawfully
entitled to possession upon payment of the costs of removal and storage
as set forth in the rules of the police department and proof of payment
of any fine or civil penalty for the violation or, if a proceeding for
the violation is pending in a court or before the environmental control
board, upon the posting of a bond or other form of security acceptable
to the police department in an amount which will assure the payment of
such costs and any fine or civil penalty which may be imposed for the
violation. If the court or the environmental control board finds in
favor of the defendant or respondent, the owner shall be entitled forth-
with to possession of the bicycle OR A CLASS ONE ELECTRIC BICYCLE with-
out charge or to the extent that any amount has been previously paid for
release of the bicycle OR A CLASS ONE ELECTRIC BICYCLE, such amount
shall be refunded. The police department shall establish by rule the
time within which bicycles OR CLASS ONE ELECTRIC BICYCLES which are not
redeemed may be deemed abandoned and the procedures for disposal.
f. The owner of a bicycle OR A CLASS ONE ELECTRIC BICYCLE shall be
given the opportunity for a post seizure hearing within five business
days before the environmental control board regarding the impoundment.
The environmental control board shall render a determination within
three business days after the conclusion of the hearing. Where the board
finds that there was no basis for the impoundment, the owner shall be
entitled forthwith to possession of the bicycle OR A CLASS ONE ELECTRIC
BICYCLE without charge or to the extent that any amount has been previ-
ously paid for release of the bicycle OR A CLASS ONE ELECTRIC BICYCLE,
such amount shall be refunded.
g. Upon the impoundment of a bicycle OR A CLASS ONE ELECTRIC BICYCLE,
the rider shall be given written notice of the procedure for redemption
of the bicycle OR A CLASS ONE ELECTRIC BICYCLE and the procedure for
requesting a post seizure hearing. Where the rider of a bicycle OR A
CLASS ONE ELECTRIC BICYCLE is not the owner thereof notice provided to
the rider shall be deemed to be notice to the owner. Where the defendant
or respondent is less than eighteen years old such notice shall also be
mailed to the parent, guardian or where relevant, employer of the
respondent, if the name and address of such person is reasonably ascer-
tainable.
h. In any proceeding under this section it shall be an affirmative
defense that the defendant or respondent was less than fourteen years
old at the time the violation was committed.
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i. The provisions of this section may be enforced by the police
department or designated employees of the department, the department of
sanitation, the department of parks and recreation.
§ 19. The administrative code of the city of New York is amended by
adding a new section 19-176.3 to read as follows:
§ 19-176.3 CLASS TWO AND CLASS THREE ELECTRIC BICYCLES. A. NO PERSON
SHALL OPERATE A CLASS TWO OR CLASS THREE ELECTRIC BICYCLE, AS DEFINED IN
SECTIONS ONE HUNDRED TWO-D AND ONE HUNDRED TWO-E OF THE VEHICLE AND
TRAFFIC LAW, RESPECTFULLY, IN THE CITY OF NEW YORK.
B. ANY PERSON WHO VIOLATES SUBDIVISION A OF THIS SECTION SHALL BE
LIABLE FOR A CIVIL PENALTY IN AN AMOUNT OF UP TO FIVE HUNDRED DOLLARS.
AUTHORIZED EMPLOYEES OF THE POLICE DEPARTMENT AND DEPARTMENT OF PARKS
AND RECREATION SHALL HAVE THE AUTHORITY TO ENFORCE THE PROVISIONS OF
THIS SECTION. SUCH PENALTIES SHALL BE RECOVERED IN A CIVIL ACTION OR IN
A PROCEEDING COMMENCED BY THE SERVICE OF A NOTICE OF VIOLATION THAT
SHALL BE RETURNABLE BEFORE THE ENVIRONMENTAL CONTROL BOARD. IN ADDITION,
SUCH VIOLATION SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHABLE IN
ACCORDANCE WITH SECTION EIGHTEEN HUNDRED OF THE VEHICLE AND TRAFFIC LAW.
C. ANY CLASS TWO OR CLASS THREE ELECTRIC BICYCLE OPERATED BY A PERSON
WHO HAS BEEN FOUND TO HAVE VIOLATED THE PROVISIONS OF SUBDIVISION A OF
THIS SECTION WITHIN THE PRECEDING TWELVE MONTHS, AND THAT HAS BEEN USED
OR IS BEING USED IN VIOLATION OF THE PROVISIONS OF THIS SECTION MAY BE
IMPOUNDED AND SHALL NOT BE RELEASED UNTIL ANY AND ALL REMOVAL CHARGES
AND STORAGE FEES AND THE APPLICABLE FINES AND CIVIL PENALTIES HAVE BEEN
PAID OR A BOND HAS BEEN POSTED IN AN AMOUNT SATISFACTORY TO THE COMMIS-
SIONER OF THE AGENCY THAT IMPOUNDED SUCH BICYCLE.
§ 20. Section 316 of the highway law, as amended by chapter 655 of the
laws of 1978, is amended to read as follows:
§ 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 BICYCLE, AS DEFINED IN THE VEHICLE AND TRAFFIC LAW, 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 hors-
es and light carriages. But nothing herein shall prevent the passage,
enforcement or maintenance of any regulation, ordinance or rule, regu-
lating the use of bicycles, ELECTRIC BICYCLES or tricycles in highways,
public streets, driveways, parks, parkways, and places, or the regu-
lation 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 recre-
ation 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 determine 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.
§ 21. Section 180 of the general municipal law, as amended by chapter
668 of the laws of 2004, is amended to read as follows:
§ 180. Ordinances to regulate use of bicycles AND ELECTRIC BICYCLES.
The governing boards of municipal corporations as defined in section two
A. 8206 11
of this chapter, may adopt local laws to regulate the use of bicycles
AND ELECTRIC BICYCLES, AS DEFINED IN THE VEHICLE AND TRAFFIC LAW, 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, ELECTRIC BICYCLES and tricycles.
§ 22. This act shall take effect one year after it shall have become a
law.