The New York State Senate

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

                                  7791

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              May 15, 2017
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, the administrative code  of
  the  city  of New York, the highway law and the general municipal law,
  in relation to the regulation of electric assisted bicycles

  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:
  § 102-C. ELECTRIC ASSISTED BICYCLE.  A  BICYCLE  EQUIPPED  WITH  FULLY
OPERABLE  PEDALS AND AN ELECTRIC MOTOR WITH AN OUTPUT OF LESS THAN SEVEN
HUNDRED FIFTY WATTS (ONE HORSEPOWER) WHEREBY SUCH ELECTRIC MOTOR ENGAGES
ONLY WHEN THE OPERATOR IS PEDALING AND DISENGAGES OR CEASES TO  FUNCTION
WHEN  SUCH BICYCLE'S BRAKES ARE APPLIED, THE OPERATOR STOPS PEDALING, OR
SUCH BICYCLE ACHIEVES A SPEED OF TWENTY MILES PER HOUR OR MORE.
  § 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:
  § 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.
  § 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11510-02-7

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  § 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
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.
  § 4. 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 ASSISTED BICYCLES AS DEFINED IN SECTION ONE  HUNDRED  TWO-C
OF THIS ARTICLE.
  §  5.  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 ASSISTED BICY-
CLES, or to in-line skates shall apply whenever a  bicycle  OR  ELECTRIC
ASSISTED  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 ASSISTED
BICYCLES, or in-line skates, or [both] ALL.
  § 6. 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:
  §  1231.  Traffic  laws  apply  to persons riding bicycles OR ELECTRIC
ASSISTED BICYCLES or skating or gliding on in-line skates.  Every person
riding a bicycle OR ELECTRIC ASSISTED 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.
  § 7. Section 1232 of the vehicle and traffic law is amended to read as
follows:
  §  1232.  Riding  on  bicycles AND ELECTRIC ASSISTED BICYCLES.   (a) A
person propelling a bicycle OR ELECTRIC ASSISTED BICYCLE shall not  ride
other  than upon or astride a permanent and regular seat attached there-
to, nor shall he ride with his feet removed from the pedals.
  (b) No bicycle OR ELECTRIC ASSISTED BICYCLE shall  be  used  to  carry
more  persons  at  one time than the number for which it is designed and
equipped.

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  § 8. The vehicle and traffic law is amended by adding  a  new  section
1232-a to read as follows:
  §  1232-A.  ADDITIONAL REQUIREMENTS FOR OPERATING AN ELECTRIC ASSISTED
BICYCLE. (A) NO PERSON SHALL OPERATE OR PARK AN ELECTRIC ASSISTED  BICY-
CLE  ON  ANY  PUBLIC  HIGHWAY  OR STREET IN THIS STATE UNLESS A LABEL IS
PERMANENTLY AFFIXED, IN A PROMINENT LOCATION, ON SUCH PERSON'S  ELECTRIC
ASSISTED BICYCLE.  SUCH LABEL SHALL CONTAIN THE MAXIMUM SPEED, AND MOTOR
WATTAGE  OF THE ELECTRIC ASSISTED BICYCLE, AND SHALL BE PRINTED IN ARIAL
FONT IN AT LEAST NINE-POINT TYPE.  ON AND AFTER JANUARY FIRST, TWO THOU-
SAND EIGHTEEN, MANUFACTURERS AND DISTRIBUTORS OF ELECTRIC ASSISTED BICY-
CLES SHALL APPLY A LABEL THAT IS PERMANENTLY  AFFIXED,  IN  A  PROMINENT
LOCATION, TO EACH ELECTRIC ASSISTED BICYCLE. THE LABEL SHALL CONTAIN THE
TOP  ASSISTED SPEED, AND MOTOR WATTAGE OF ELECTRIC ASSISTED BICYCLE, AND
SHALL BE PRINTED IN ARIAL FONT IN AT LEAST NINE-POINT TYPE.
  (B) NO PERSON SHALL KNOWINGLY  AND  INTENTIONALLY  RENDER  ANY  LABEL,
REQUIRED BY SUBDIVISION (A) OF THIS SECTION TO BE AFFIXED TO AN ELECTRIC
ASSISTED BICYCLE, PERMANENTLY ILLEGIBLE.
  (C)  EVERY MANUFACTURER OF AN ELECTRIC ASSISTED BICYCLE SHALL CERTIFY,
AT A MINIMUM, 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.).
  § 9. 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  ASSISTED  BICYCLE,
coaster,  in-line skates, roller skates, skate board, sled, or toy vehi-
cle shall attach the same or himself or herself  to  any  vehicle  being
operated upon a roadway.
  § 10. 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 ASSISTED
BICYCLE or in-line skate lanes and bicycle or in-line skate  paths.  (a)
Upon  all  roadways,  any  bicycle, ELECTRIC ASSISTED 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 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 ASSISTED BICYCLES, in-line  skates,  pedes-
trians, animals, surface hazards or traffic lanes too narrow for a bicy-
cle,  OR  ELECTRIC  ASSISTED  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 ASSISTED BICYCLES  or  skating
or gliding on in-line skates upon a roadway shall not ride more than two
abreast.  Persons riding bicycles OR ELECTRIC ASSISTED BICYCLES or skat-
ing  or  gliding  on  in-line skates upon a shoulder, bicycle or in-line
skate lane, or bicycle 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,  ELEC-
TRIC ASSISTED BICYCLE or person on in-line skates, or pedestrian, stand-
ing  or  proceeding  along  such  shoulder, lane or path, persons riding
bicycles OR ELECTRIC ASSISTED BICYCLES or skating or gliding on  in-line
skates  shall ride, skate, or glide single file. Persons riding bicycles

A. 7791                             4

OR ELECTRIC ASSISTED BICYCLES or skating or gliding  on  in-line  skates
upon  a roadway shall ride, skate, or glide single file when being over-
taken by a vehicle.
  (c)  Any  person  operating  a bicycle OR ELECTRIC ASSISTED 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.
  § 11. 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
ASSISTED  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.
  §  12. 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  ASSISTED
BICYCLES.    (a)  Every bicycle OR ELECTRIC ASSISTED 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,  nine-
teen  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  ASSISTED  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 ASSISTED BICYCLE shall not be equipped with nor
shall any person use upon a bicycle OR  ELECTRIC  ASSISTED  BICYCLE  any
siren or whistle.
  (c)  Every bicycle OR ELECTRIC ASSISTED 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 AN ELECTRIC
ASSISTED BICYCLE SHALL ALSO OPERATE IN A MANNER  SO  THAT  THE  ELECTRIC
MOTOR IS DISENGAGED OR CEASES TO FUNCTION WHEN THE BRAKE IS APPLIED.
  (d)  Every  new bicycle OR ELECTRIC ASSISTED 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 ASSISTED 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 stand-
ards established by rules and regulations promulgated by the commission-
er;  provided,  however,  that  such standards shall not be inconsistent
with or otherwise conflict with the requirements of subdivisions (a) and
(d) of this section.
  § 13. 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

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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 ASSISTED 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  ASSISTED BICYCLE shall allow a person who is under one year of
age to ride as a passenger on a bicycle OR ELECTRIC ASSISTED 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 ASSISTED 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 ASSISTED 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 ASSISTED 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  ASSISTED
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
(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 ASSISTED 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 ASSISTED

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BICYCLE unless such passenger is  wearing  a  helmet  meeting  standards
established by the commissioner.
  (b)  No  person, one or more years of age and less than fourteen years
of age, shall operate a bicycle OR ELECTRIC ASSISTED BICYCLE unless such
person is wearing a helmet meeting standards established by the  commis-
sioner.
  (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.
  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 ASSISTED  BICY-
CLE  or  skating  or  gliding on in-line skates or a skate board without
wearing a bicycle helmet meeting the standards of the American  National

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Standards  Institute  (Ansi  Z 90.4 bicycle helmet standards), the Snell
Memorial Foundation's Standards for Protective Headgear for use in Bicy-
cling, or the American Society of  Testing  and  Materials  (ASTM)  bike
helmet  standards,  or  that  prohibits  a person operating a bicycle OR
ELECTRIC ASSISTED 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 ASSISTED BICYCLE unless such passenger is wearing  a
bicycle  helmet  that meets such standards. The failure of any person to
comply with any such local law or ordinance shall not constitute contri-
butory 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  coun-
ty,  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 ELECTRIC ASSISTED 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.
  § 14. Section 1240 of the vehicle and traffic law, as added by chapter
468 of the laws of 2001, is amended to read as follows:
  § 1240. Leaving the scene of an incident involving a [wheeled  non-mo-
torized means of conveyance] BICYCLE, ELECTRIC ASSISTED BICYCLE, IN-LINE
SKATE,  ROLLER  SKATE  OR  SKATE  BOARD  without reporting in the second
degree. 1. Any person age eighteen years or older operating  a  [wheeled
non-motorized  means  of conveyance, including, but not limited to bicy-
cles,] BICYCLE, ELECTRIC ASSISTED BICYCLE, in-line [skates] SKATE, roll-
er [skates and] SKATE OR skate [boards] BOARD, 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 [non-motorized means of conveyance] BICYCLE,
ELECTRIC ASSISTED BICYCLE, IN-LINE SKATE, ROLLER SKATE OR SKATE BOARD 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 physically able to the  nearest  police  station  or
judicial officer.
  2. Leaving the scene of an incident involving a [wheeled non-motorized
means  of conveyance] BICYCLE, ELECTRIC ASSISTED BICYCLE, IN-LINE SKATE,
ROLLER SKATE OR SKATE BOARD without reporting in the second degree is  a
violation.
  § 15. Section 1241 of the vehicle and traffic law, as added by chapter
468 of the laws of 2001, is amended to read as follows:
  §  1241. Leaving the scene of an incident involving a [wheeled non-mo-
torized means of conveyance] BICYCLE, ELECTRIC ASSISTED BICYCLE, IN-LINE
SKATE, ROLLER SKATE OR  SKATE  BOARD  without  reporting  in  the  first
degree.   1. Any person age eighteen years or older operating a [wheeled
non-motorized means of conveyance, including, but not limited  to  bicy-
cles,] BICYCLE, ELECTRIC ASSISTED BICYCLE, in-line [skates] SKATE, roll-
er  [skates  and]  SKATE OR skate [boards] BOARD, who, knowing or having
cause to know, that serious physical injury, as defined  in  subdivision

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ten  of  section  10.00  of  the  penal  law, has been caused to another
person, due to the operation of such [non-motorized means of conveyance]
BICYCLE, ELECTRIC ASSISTED BICYCLE, IN-LINE SKATE, ROLLER SKATE OR SKATE
BOARD  by  such  person,  shall, before leaving the place where the said
serious physical injury occurred, stop, and provide his name  and  resi-
dence,  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 officer.
  2. Leaving the scene of an incident involving a [wheeled non-motorized
means of conveyance] BICYCLE, ELECTRIC ASSISTED BICYCLE, IN-LINE  SKATE,
ROLLER  SKATE  OR SKATE BOARD without reporting in the first degree is a
class B misdemeanor.
  § 16. The vehicle and traffic law is amended by adding a  new  section
1242 to read as follows:
  §  1242.  TAMPERING  WITH  AN ELECTRIC ASSISTED BICYCLE. 1.  NO PERSON
SHALL TAMPER WITH OR MODIFY AN ELECTRIC ASSISTED BICYCLE TO:
  (A) INCREASE THE OUTPUT OF SUCH BICYCLE TO SEVEN HUNDRED  FIFTY  WATTS
OR GREATER;
  (B) ENGAGE THE ELECTRIC MOTOR WHEN:
  (I) THE OPERATOR OF SUCH BICYCLE IS NOT PEDALING;
  (II) THE OPERATOR OF SUCH BICYCLE HAS APPLIED THE BRAKES; OR
  (III)  SUCH  BICYCLE  HAS ACHIEVED A SPEED OF TWENTY MILES PER HOUR OR
GREATER; OR
  (C) ACCELERATE THE SPEED OF THE ELECTRIC  ASSISTED  BICYCLE  MOTOR  BY
MEANS OTHER THAN PEDALING.
  2.  A  VIOLATION  OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
SHALL CONSTITUTE A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF UP TO  ONE
HUNDRED  FIFTY  DOLLARS  OR A SENTENCE OF IMPRISONMENT FOR UP TO FIFTEEN
DAYS OR BOTH SUCH FINE AND IMPRISONMENT.
  § 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 AN  ELECTRIC  ASSISTED  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-

A. 7791                             9

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 "ELECTRIC ASSISTED 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 AN ELECTRIC ASSISTED 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
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 ELECTRIC ASSISTED  BICYCLE
may be seized and impounded.
  e.  A  bicycle OR ELECTRIC ASSISTED 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 ELECTRIC ASSISTED  BICYCLE  without
charge  or  to  the  extent that any amount has been previously paid for
release of the bicycle OR ELECTRIC ASSISTED BICYCLE, such  amount  shall
be  refunded.  The  police  department  shall establish by rule the time
within which bicycles AND  ELECTRIC  ASSISTED  BICYCLES  which  are  not
redeemed may be deemed abandoned and the procedures for disposal.
  f.  The owner of a bicycle OR ELECTRIC ASSISTED 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

A. 7791                            10

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 ELECTRIC ASSISTED BICYCLE
without charge or to the extent that any amount has been previously paid
for  release  of  the  bicycle OR ELECTRIC ASSISTED BICYCLE, such amount
shall be refunded.
  g. Upon the impoundment of a bicycle OR ELECTRIC ASSISTED BICYCLE, the
rider shall be given written notice of the procedure for  redemption  of
the  bicycle OR ELECTRIC ASSISTED BICYCLE and the procedure for request-
ing a post seizure hearing. Where the rider of  a  bicycle  OR  ELECTRIC
ASSISTED  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.
  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. 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  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.
  § 20. 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 ASSISTED
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 AND ELECTRIC ASSISTED 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

A. 7791                            11

vehicle and traffic law relating to vehicles and not in conflict  there-
with. Provided further that such local laws shall not impose any charge,
tax  or  otherwise  not  provide  for the free use of bicycles, ELECTRIC
ASSISTED BICYCLES and tricycles.
  §  21.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law.

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

                                 7791--B

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              May 15, 2017
                               ___________

Introduced  by  M. of A. PERRY, SANTABARBARA, JOHNS, JEAN-PIERRE -- read
  once and referred to the  Committee  on  Transportation  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Transportation in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the vehicle and traffic law, the highway law and the
  general municipal law, in  relation  to  the  regulation  of  electric
  assisted bicycles

  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:
  §  102-C.  ELECTRIC  ASSISTED  BICYCLE.  A BICYCLE EQUIPPED WITH FULLY
OPERABLE PEDALS AND AN ELECTRIC MOTOR WITH AN OUTPUT OF LESS THAN  SEVEN
HUNDRED FIFTY WATTS (ONE HORSEPOWER) WHEREBY SUCH ELECTRIC MOTOR ENGAGES
ONLY  WHEN THE OPERATOR IS PEDALING AND DISENGAGES OR CEASES TO FUNCTION
WHEN SUCH BICYCLE'S BRAKES ARE APPLIED, THE OPERATOR STOPS PEDALING,  OR
SUCH BICYCLE ACHIEVES A SPEED OF TWENTY MILES PER HOUR OR MORE.
  § 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:
  § 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

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

                                                           LBD11510-06-8

A. 7791--B                          2

of not more than twenty miles per hour shall be a class  C  limited  use
motorcycle.
  § 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:
  § 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
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.
  § 4. 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 ASSISTED BICYCLES AS DEFINED IN SECTION ONE  HUNDRED  TWO-C
OF THIS ARTICLE.
  §  5.  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 ASSISTED BICY-
CLES, or to in-line skates shall apply whenever a  bicycle  OR  ELECTRIC
ASSISTED  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 ASSISTED
BICYCLES, or in-line skates, or [both] ALL.
  § 6. 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:
  §  1231.  Traffic  laws  apply  to persons riding bicycles OR ELECTRIC
ASSISTED BICYCLES or skating or gliding on in-line skates.  Every person
riding a bicycle OR ELECTRIC ASSISTED 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.
  § 7. Section 1232 of the vehicle and traffic law is amended to read as
follows:
  §  1232.  Riding  on  bicycles AND ELECTRIC ASSISTED BICYCLES.   (a) A
person propelling a bicycle OR ELECTRIC ASSISTED BICYCLE shall not  ride

A. 7791--B                          3

other  than upon or astride a permanent and regular seat attached there-
to, nor shall he ride with his feet removed from the pedals.
  (b)  No  bicycle  OR  ELECTRIC ASSISTED BICYCLE shall be used to carry
more persons at one time than the number for which it  is  designed  and
equipped.
  §  8.  The  vehicle and traffic law is amended by adding a new section
1232-a to read as follows:
  § 1232-A. ADDITIONAL REQUIREMENTS FOR OPERATING AN  ELECTRIC  ASSISTED
BICYCLE.  (A) NO PERSON SHALL OPERATE OR PARK AN ELECTRIC ASSISTED BICY-
CLE ON ANY PUBLIC HIGHWAY OR STREET IN THIS  STATE  UNLESS  A  LABEL  IS
PERMANENTLY  AFFIXED, IN A PROMINENT LOCATION, ON SUCH PERSON'S ELECTRIC
ASSISTED BICYCLE.  SUCH LABEL SHALL CONTAIN THE MAXIMUM SPEED, AND MOTOR
WATTAGE OF THE ELECTRIC ASSISTED BICYCLE, AND SHALL BE PRINTED IN  ARIAL
FONT IN AT LEAST NINE-POINT TYPE.  ON AND AFTER JANUARY FIRST, TWO THOU-
SAND NINETEEN, MANUFACTURERS AND DISTRIBUTORS OF ELECTRIC ASSISTED BICY-
CLES  SHALL  APPLY  A  LABEL THAT IS PERMANENTLY AFFIXED, IN A PROMINENT
LOCATION, TO EACH ELECTRIC ASSISTED BICYCLE. THE LABEL SHALL CONTAIN THE
TOP ASSISTED SPEED, AND MOTOR WATTAGE OF ELECTRIC ASSISTED BICYCLE,  AND
SHALL BE PRINTED IN ARIAL FONT IN AT LEAST NINE-POINT TYPE.
  (B)  NO  PERSON  SHALL  KNOWINGLY  AND INTENTIONALLY RENDER ANY LABEL,
REQUIRED BY SUBDIVISION (A) OF THIS SECTION TO BE AFFIXED TO AN ELECTRIC
ASSISTED BICYCLE, PERMANENTLY ILLEGIBLE.
  (C) EVERY MANUFACTURER OF AN ELECTRIC ASSISTED BICYCLE SHALL  CERTIFY,
AT  A  MINIMUM,  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.).
  §  9. 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 ASSISTED BICYCLE,
coaster, in-line skates, roller skates, skate board, sled, or toy  vehi-
cle  shall  attach  the  same or himself or herself to any vehicle being
operated upon a roadway.
  § 10. 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  ASSISTED
BICYCLE  or  in-line skate lanes and bicycle or in-line skate paths. (a)
Upon all roadways, any bicycle, ELECTRIC  ASSISTED  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 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 ASSISTED BICYCLES, in-line skates, pedes-
trians, animals, surface hazards or traffic lanes too narrow for a bicy-
cle, OR ELECTRIC ASSISTED 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 ASSISTED BICYCLES or skating
or gliding on in-line skates upon a roadway shall not ride more than two
abreast.  Persons riding bicycles OR ELECTRIC ASSISTED BICYCLES or skat-
ing or gliding on in-line skates upon a  shoulder,  bicycle  or  in-line
skate  lane,  or bicycle or in-line skates path, intended for the use of
bicycles or in-line skates may ride two or more  abreast  if  sufficient

A. 7791--B                          4

space  is  available, except that when passing a vehicle, bicycle, ELEC-
TRIC ASSISTED BICYCLE or person on in-line skates, or pedestrian, stand-
ing or proceeding along such shoulder,  lane  or  path,  persons  riding
bicycles  OR ELECTRIC ASSISTED BICYCLES or skating or gliding on in-line
skates shall ride, skate, or glide single file. Persons riding  bicycles
OR  ELECTRIC  ASSISTED  BICYCLES or skating or gliding on in-line skates
upon a roadway shall ride, skate, or glide single file when being  over-
taken by a vehicle.
  (c)  Any  person  operating  a bicycle OR ELECTRIC ASSISTED 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.
  § 11. 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
ASSISTED  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.
  §  12. 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  ASSISTED
BICYCLES.    (a)  Every bicycle OR ELECTRIC ASSISTED 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,  nine-
teen  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  ASSISTED  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 ASSISTED BICYCLE shall not be equipped with nor
shall any person use upon a bicycle OR  ELECTRIC  ASSISTED  BICYCLE  any
siren or whistle.
  (c)  Every bicycle OR ELECTRIC ASSISTED 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 AN ELECTRIC
ASSISTED BICYCLE SHALL ALSO OPERATE IN A MANNER  SO  THAT  THE  ELECTRIC
MOTOR IS DISENGAGED OR CEASES TO FUNCTION WHEN THE BRAKE IS APPLIED.
  (d)  Every  new bicycle OR ELECTRIC ASSISTED 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 ASSISTED 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 stand-
ards established by rules and regulations promulgated by the commission-
er;  provided,  however,  that  such standards shall not be inconsistent

A. 7791--B                          5

with or otherwise conflict with the requirements of subdivisions (a) and
(d) of this section.
  § 13. 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 ASSISTED 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  ASSISTED BICYCLE shall allow a person who is under one year of
age to ride as a passenger on a bicycle OR ELECTRIC ASSISTED 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 ASSISTED 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 ASSISTED 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 ASSISTED 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  ASSISTED
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
(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

A. 7791--B                          6

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 ASSISTED 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 ASSISTED
BICYCLE unless such passenger is  wearing  a  helmet  meeting  standards
established by the commissioner.
  (b)  No  person, one or more years of age and less than fourteen years
of age, shall operate a bicycle OR ELECTRIC ASSISTED BICYCLE unless such
person is wearing a helmet meeting standards established by the  commis-
sioner.
  (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.
  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. 7791--B                          7

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 ASSISTED  BICY-
CLE  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 Bicy-
cling, or the American Society of  Testing  and  Materials  (ASTM)  bike
helmet  standards,  or  that  prohibits  a person operating a bicycle OR
ELECTRIC ASSISTED 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 ASSISTED BICYCLE unless such passenger is wearing  a
bicycle  helmet  that meets such standards. The failure of any person to
comply with any such local law or ordinance shall not constitute contri-
butory 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  coun-
ty,  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 ELECTRIC ASSISTED 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.
  § 14. Section 1240 of the vehicle and traffic law, as added by chapter
468 of the laws of 2001, is amended to read as follows:
  § 1240. Leaving the scene of an incident involving a [wheeled  non-mo-
torized means of conveyance] BICYCLE, ELECTRIC ASSISTED BICYCLE, IN-LINE
SKATE,  ROLLER  SKATE  OR  SKATE  BOARD  without reporting in the second
degree. 1. Any person age eighteen years or older operating  a  [wheeled
non-motorized  means  of conveyance, including, but not limited to bicy-
cles,] BICYCLE, ELECTRIC ASSISTED BICYCLE, in-line [skates] SKATE, roll-
er [skates and] SKATE OR skate [boards] BOARD, 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 [non-motorized means of conveyance] BICYCLE,
ELECTRIC ASSISTED BICYCLE, IN-LINE SKATE, ROLLER SKATE OR SKATE BOARD 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 physically able to the  nearest  police  station  or
judicial officer.
  2. Leaving the scene of an incident involving a [wheeled non-motorized
means  of conveyance] BICYCLE, ELECTRIC ASSISTED BICYCLE, IN-LINE SKATE,
ROLLER SKATE OR SKATE BOARD without reporting in the second degree is  a
violation.
  § 15. Section 1241 of the vehicle and traffic law, as added by chapter
468 of the laws of 2001, is amended to read as follows:
  §  1241. Leaving the scene of an incident involving a [wheeled non-mo-
torized means of conveyance] BICYCLE, ELECTRIC ASSISTED BICYCLE, IN-LINE
SKATE, ROLLER SKATE OR  SKATE  BOARD  without  reporting  in  the  first

A. 7791--B                          8

degree.   1. Any person age eighteen years or older operating a [wheeled
non-motorized means of conveyance, including, but not limited  to  bicy-
cles,] BICYCLE, ELECTRIC ASSISTED BICYCLE, in-line [skates] SKATE, roll-
er  [skates  and]  SKATE OR skate [boards] BOARD, 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 to the operation of such [non-motorized means of conveyance]
BICYCLE, ELECTRIC ASSISTED BICYCLE, IN-LINE SKATE, ROLLER SKATE OR SKATE
BOARD by such person, shall, before leaving the  place  where  the  said
serious  physical  injury occurred, stop, and provide his name and resi-
dence, 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 officer.
  2. Leaving the scene of an incident involving a [wheeled non-motorized
means  of conveyance] BICYCLE, ELECTRIC ASSISTED BICYCLE, IN-LINE SKATE,
ROLLER SKATE OR SKATE BOARD without reporting in the first degree  is  a
class B misdemeanor.
  §  16.  The vehicle and traffic law is amended by adding a new section
1242 to read as follows:
  § 1242. TAMPERING WITH AN ELECTRIC ASSISTED BICYCLE.  1.    NO  PERSON
SHALL TAMPER WITH OR MODIFY AN ELECTRIC ASSISTED BICYCLE TO:
  (A)  INCREASE  THE OUTPUT OF SUCH BICYCLE TO SEVEN HUNDRED FIFTY WATTS
OR GREATER;
  (B) ENGAGE THE ELECTRIC MOTOR WHEN:
  (I) THE OPERATOR OF SUCH BICYCLE IS NOT PEDALING;
  (II) THE OPERATOR OF SUCH BICYCLE HAS APPLIED THE BRAKES; OR
  (III) SUCH BICYCLE HAS ACHIEVED A SPEED OF TWENTY MILES  PER  HOUR  OR
GREATER; OR
  (C)  ACCELERATE  THE  SPEED  OF THE ELECTRIC ASSISTED BICYCLE MOTOR BY
MEANS OTHER THAN PEDALING.
  2. A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE  OF  THIS  SECTION
SHALL  CONSTITUTE A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF UP TO ONE
HUNDRED FIFTY DOLLARS OR A SENTENCE OF IMPRISONMENT FOR  UP  TO  FIFTEEN
DAYS OR BOTH SUCH FINE AND IMPRISONMENT.
  § 17. 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 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

A. 7791--B                          9

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.
  §  18. 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  ASSISTED
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 AND ELECTRIC ASSISTED 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 there-
with. Provided further that such local laws shall not impose any charge,
tax or otherwise not provide for the  free  use  of  bicycles,  ELECTRIC
ASSISTED BICYCLES and tricycles.
  §  19.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law.

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

                                 7791--C

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              May 15, 2017
                               ___________

Introduced  by  M.  of A. PERRY, SANTABARBARA, JOHNS, JEAN-PIERRE, FAHY,
  STECK, CARROLL, McDONALD, THIELE, LUPARDO,  LIFTON,  SIMON,  ABINANTI,
  ARROYO -- read once and referred to the Committee on Transportation --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee  --  recommitted  to  the  Committee  on
  Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, the  highway  law  and  the
  general  municipal  law,  in  relation  to  the regulation of electric
  assisted bicycles

  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:
  § 102-C. ELECTRIC ASSISTED BICYCLE.  A  BICYCLE  EQUIPPED  WITH  FULLY
OPERABLE  PEDALS AND AN ELECTRIC MOTOR WITH AN OUTPUT OF LESS THAN SEVEN
HUNDRED FIFTY WATTS (ONE HORSEPOWER) WHEREBY SUCH ELECTRIC MOTOR ENGAGES
ONLY WHEN THE OPERATOR IS PEDALING AND DISENGAGES OR CEASES TO  FUNCTION
WHEN  SUCH BICYCLE'S BRAKES ARE APPLIED, THE OPERATOR STOPS PEDALING, OR
SUCH BICYCLE ACHIEVES A SPEED OF TWENTY MILES PER HOUR OR MORE.
  § 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:
  § 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

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

                                                           LBD11510-07-8

A. 7791--C                          2

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.
  § 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:
  § 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
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.
  § 4. 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 ASSISTED BICYCLES AS DEFINED IN SECTION ONE  HUNDRED  TWO-C
OF THIS ARTICLE.
  §  5.  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 ASSISTED BICY-
CLES, or to in-line skates shall apply whenever a  bicycle  OR  ELECTRIC
ASSISTED  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 ASSISTED
BICYCLES, or in-line skates, or [both] ALL.
  § 6. 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:
  §  1231.  Traffic  laws  apply  to persons riding bicycles OR ELECTRIC
ASSISTED BICYCLES or skating or gliding on in-line skates.  Every person
riding a bicycle OR ELECTRIC ASSISTED 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.
  § 7. Section 1232 of the vehicle and traffic law is amended to read as
follows:

A. 7791--C                          3

  §  1232.  Riding  on  bicycles AND ELECTRIC ASSISTED BICYCLES.   (a) A
person propelling a bicycle OR ELECTRIC ASSISTED BICYCLE shall not  ride
other  than upon or astride a permanent and regular seat attached there-
to, nor shall he ride with his feet removed from the pedals.
  (b)  No  bicycle  OR  ELECTRIC ASSISTED BICYCLE shall be used to carry
more persons at one time than the number for which it  is  designed  and
equipped.
  §  8.  The  vehicle and traffic law is amended by adding a new section
1232-a to read as follows:
  § 1232-A. ADDITIONAL REQUIREMENTS FOR OPERATING AN  ELECTRIC  ASSISTED
BICYCLE.  (A) NO PERSON SHALL OPERATE OR PARK AN ELECTRIC ASSISTED BICY-
CLE ON ANY PUBLIC HIGHWAY OR STREET IN THIS STATE UNLESS A LEGIBLE LABEL
IS PERMANENTLY AFFIXED BY THE BICYCLE OR PEDAL ASSISTED  MOTOR  MANUFAC-
TURER, IN A PROMINENT LOCATION, ON SUCH PERSON'S ELECTRIC ASSISTED BICY-
CLE.    SUCH LABEL SHALL CONTAIN THE MAXIMUM SPEED, AND MOTOR WATTAGE OF
THE ELECTRIC ASSISTED BICYCLE, AND SHALL BE PRINTED IN ARIAL FONT IN  AT
LEAST  NINE-POINT TYPE.   ON AND AFTER JANUARY FIRST, TWO THOUSAND NINE-
TEEN, 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 TOP ASSISTED
SPEED,  AND  MOTOR  WATTAGE  OF  ELECTRIC ASSISTED BICYCLE, AND SHALL BE
PRINTED IN ARIAL FONT IN AT LEAST NINE-POINT TYPE.
  (B) NO PERSON SHALL PERMIT ANY LABEL REQUIRED BY  SUBDIVISION  (A)  OF
THIS  SECTION  TO  BE  AFFIXED TO AN ELECTRIC ASSISTED BICYCLE TO BECOME
ILLEGIBLE.
  (C) NO PERSON OR ENTITY SHALL PARK OR  OTHERWISE  MAKE  AVAILABLE  ANY
ELECTRIC  ASSISTED BICYCLE FOR USE OR OPERATION BY ANOTHER ON ANY PUBLIC
HIGHWAY OR STREET IN THE STATE UNLESS A  LEGIBLE  LABEL  IS  PERMANENTLY
AFFIXED  IN  A  MANNER  WHICH MEETS THE REQUIREMENTS OF PARAGRAPH (A) OF
THIS SECTION.
  (D) THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS OF PARAGRAPH (A) OF THIS SECTION IS  LIABLE  IF  SUCH  PERSON
SUPPLIES THE COURT WITH (1) PROOF THAT BETWEEN THE DATE OF VIOLATION AND
THE  APPEARANCE  DATE  FOR  SUCH  VIOLATION,  SUCH LABEL WAS REPAIRED OR
REPLACED IN A MANNER WHICH MEETS THE REQUIREMENTS OF  PARAGRAPH  (A)  OF
THIS  SECTION; OR (2) PROOF THAT SUCH ELECTRIC ASSISTED BICYCLE HAD BEEN
OPERATED IN VIOLATION OF THIS SECTION WITHIN THE  DURATION  OF  A  SHORT
TERM LEASE OR OTHER AGREEMENT.
  (E)  EVERY MANUFACTURER OF AN ELECTRIC ASSISTED BICYCLE SHALL CERTIFY,
AT A MINIMUM, 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.).
  § 9. 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  ASSISTED  BICYCLE,
coaster,  in-line skates, roller skates, skate board, sled, or toy vehi-
cle shall attach the same or himself or herself  to  any  vehicle  being
operated upon a roadway.
  § 10. 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 ASSISTED
BICYCLE or in-line skate lanes and bicycle or in-line skate  paths.  (a)
Upon  all  roadways,  any  bicycle, ELECTRIC ASSISTED 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,

A. 7791--C                          4

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 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 ASSISTED BICYCLES, in-line  skates,  pedes-
trians, animals, surface hazards or traffic lanes too narrow for a bicy-
cle,  OR  ELECTRIC  ASSISTED  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 ASSISTED BICYCLES  or  skating
or gliding on in-line skates upon a roadway shall not ride more than two
abreast.  Persons riding bicycles OR ELECTRIC ASSISTED BICYCLES or skat-
ing  or  gliding  on  in-line skates upon a shoulder, bicycle or in-line
skate lane, or bicycle 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,  ELEC-
TRIC ASSISTED BICYCLE or person on in-line skates, or pedestrian, stand-
ing  or  proceeding  along  such  shoulder, lane or path, persons riding
bicycles OR ELECTRIC ASSISTED BICYCLES or skating or gliding on  in-line
skates  shall ride, skate, or glide single file. Persons riding bicycles
OR ELECTRIC ASSISTED BICYCLES or skating or gliding  on  in-line  skates
upon  a roadway shall ride, skate, or glide single file when being over-
taken by a vehicle.
  (c) Any person operating a bicycle OR  ELECTRIC  ASSISTED  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.
  § 11. 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
ASSISTED 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.
  § 12. 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 ASSISTED
BICYCLES.  (a) Every bicycle OR ELECTRIC ASSISTED 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, nine-
teen 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 ASSISTED 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 ASSISTED BICYCLE shall not be  equipped  with  nor
shall  any  person  use  upon a bicycle OR ELECTRIC ASSISTED BICYCLE any
siren or whistle.

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  (c) Every bicycle OR ELECTRIC ASSISTED 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 AN ELECTRIC
ASSISTED  BICYCLE  SHALL  ALSO  OPERATE IN A MANNER SO THAT THE ELECTRIC
MOTOR IS DISENGAGED OR CEASES TO FUNCTION WHEN THE BRAKE IS APPLIED.
  (d)  Every  new bicycle OR ELECTRIC ASSISTED 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 ASSISTED 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 stand-
ards established by rules and regulations promulgated by the commission-
er;  provided,  however,  that  such standards shall not be inconsistent
with or otherwise conflict with the requirements of subdivisions (a) and
(d) of this section.
  § 13. 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 ASSISTED 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 ASSISTED BICYCLE shall allow a person who is under one year  of
age to ride as a passenger on a bicycle OR ELECTRIC ASSISTED 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  ASSISTED  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 ASSISTED 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  ASSISTED  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 ASSISTED
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.

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  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
(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 ASSISTED 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 ASSISTED
BICYCLE unless such passenger is  wearing  a  helmet  meeting  standards
established by the commissioner.
  (b)  No  person, one or more years of age and less than fourteen years
of age, shall operate a bicycle OR ELECTRIC ASSISTED BICYCLE unless such
person is wearing a helmet meeting standards established by the  commis-
sioner.
  (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

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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.
  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 ASSISTED BICY-
CLE 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 Bicy-
cling,  or  the  American  Society  of Testing and Materials (ASTM) bike
helmet standards, or that prohibits a  person  operating  a  bicycle  OR
ELECTRIC  ASSISTED  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 ASSISTED BICYCLE unless such passenger is wearing a
bicycle helmet that meets such standards. The failure of any  person  to
comply with any such local law or ordinance shall not constitute contri-
butory  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 coun-
ty, 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 ELECTRIC ASSISTED 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.
  § 14. Section 1240 of the vehicle and traffic law, as added by chapter
468 of the laws of 2001, is amended to read as follows:
  §  1240.  Leaving the scene of an incident involving a wheeled non-mo-
torized means of conveyance OR  AN  ELECTRIC  ASSISTED  BICYCLE  without
reporting  in  the  second  degree.  1. Any person age eighteen years or
older operating a wheeled non-motorized means of conveyance,  including,
but  not  limited  to  bicycles, in-line skates, roller skates and skate
boards OR AN ELECTRIC ASSISTED BICYCLE AS DEFINED IN SECTION ONE HUNDRED
TWO-C OF THIS CHAPTER, who, knowing or having cause to know, that  phys-
ical  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  non-motorized means of conveyance, OR ELECTRIC ASSISTED BICYCLE by
such person, shall, before leaving the place  where  the  said  physical

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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 officer.
  2. Leaving the scene of an incident involving a wheeled  non-motorized
means  of  conveyance, OR AN ELECTRIC ASSISTED BICYCLE without reporting
in the second degree is a violation.
  § 15. Section 1241 of the vehicle and traffic law, as added by chapter
468 of the laws of 2001, is amended to read as follows:
  § 1241. Leaving the scene of an incident involving a  wheeled  non-mo-
torized  means  of  conveyance, OR AN ELECTRIC ASSISTED BICYCLE, without
reporting in the first degree.   1. Any person  age  eighteen  years  or
older  operating a wheeled non-motorized means of conveyance, including,
but not limited to bicycles, in-line skates,  roller  skates  and  skate
boards OR AN ELECTRIC ASSISTED BICYCLE AS DEFINED IN SECTION ONE HUNDRED
TWO-C  OF THIS CHAPTER, who, knowing or having cause to know, that seri-
ous physical injury, as defined in subdivision ten of section  10.00  of
the  penal  law, has been caused to another person, due to the operation
of such non-motorized means of conveyance, OR ELECTRIC ASSISTED  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 officer.
  2.  Leaving the scene of an incident involving a wheeled non-motorized
means of conveyance, OR AN ELECTRIC ASSISTED BICYCLE  without  reporting
in the first degree is a class B misdemeanor.
  §  16.  The vehicle and traffic law is amended by adding a new section
1242 to read as follows:
  § 1242. TAMPERING WITH AN ELECTRIC ASSISTED BICYCLE.  1.    NO  PERSON
SHALL TAMPER WITH OR MODIFY AN ELECTRIC ASSISTED BICYCLE TO:
  (A)  INCREASE  THE OUTPUT OF SUCH BICYCLE TO SEVEN HUNDRED FIFTY WATTS
OR GREATER;
  (B) ENGAGE THE ELECTRIC MOTOR WHEN:
  (I) THE OPERATOR OF SUCH BICYCLE IS NOT PEDALING;
  (II) THE OPERATOR OF SUCH BICYCLE HAS APPLIED THE BRAKES; OR
  (III) SUCH BICYCLE HAS ACHIEVED A SPEED OF TWENTY MILES  PER  HOUR  OR
GREATER; OR
  (C)  ACCELERATE  THE  SPEED  OF THE ELECTRIC ASSISTED BICYCLE MOTOR BY
MEANS OTHER THAN PEDALING.
  2. A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE  OF  THIS  SECTION
SHALL  CONSTITUTE A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF UP TO ONE
HUNDRED FIFTY DOLLARS OR A SENTENCE OF IMPRISONMENT FOR  UP  TO  FIFTEEN
DAYS OR BOTH SUCH FINE AND IMPRISONMENT.
  § 17. 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 ASSISTED BICYCLE or tricycle shall be excluded or  prohibited  from
the  free  use of any highway, public street, avenue, roadway, driveway,

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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.
  §  18. 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  ASSISTED
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 AND ELECTRIC ASSISTED 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 there-
with. Provided further that such local laws shall not impose any charge,
tax or otherwise not provide for the  free  use  of  bicycles,  ELECTRIC
ASSISTED BICYCLES and tricycles.
  §  19.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law.