NY State Senate Bill 2017-S5482

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to consumer protection
May 10, 2017	print number 5482a
May 10, 2017	amend and recommit to consumer protection
Mar 31, 2017	referred to consumer protection

Bill Amendments

Original

A (Active)

2017-S5482 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-ggg, Gen Bus L

2017-S5482 - Summary

Prohibits the sale of electric assisted bicycles unless the packaging contains a notice stating that the operation of such electric assisted bicycle on any public highway or sidewalk is prohibited.

2017-S5482 - Sponsor Memo

2017-S5482 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5482
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2017
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the  general  business  law,  in  relation  to  labeling
   requirements for electric assisted bicycles
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-ggg to read as follows:
   § 399-GGG. LABELING OF ELECTRIC ASSISTED BICYCLES. 1. NO PERSON, FIRM,
 OR CORPORATION SHALL SELL OR OFFER FOR SALE ANY ELECTRIC ASSISTED  BICY-
 CLE  UNLESS  THERE  IS  PRINTED  ON  THE  PACKAGE IN WHICH SUCH ELECTRIC
 ASSISTED BICYCLE IS SOLD OR OFFERED FOR SALE A CONSPICUOUS NOTICE  STAT-
 ING  THAT  THE OPERATION OF SUCH ELECTRIC ASSISTED BICYCLE ON ANY PUBLIC
 HIGHWAY OR SIDEWALK IS PROHIBITED.
   2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A) "PUBLIC HIGHWAY" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
 ONE HUNDRED THIRTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
   (B)  "SIDEWALK"  SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION ONE
 HUNDRED FORTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
   (C) "ELECTRIC ASSISTED BICYCLE" SHALL MEAN A BICYCLE WITH TWO OR THREE
 WHEELS WHICH HAS A SADDLE AND FULLY OPERATIVE PEDALS FOR  HUMAN  PROPUL-
 SION  AND  ALSO  HAS  AN ELECTRIC MOTOR. THE ELECTRIC ASSISTED BICYCLE'S
 ELECTRIC MOTOR SHALL: HAVE A POWER OUTPUT OF  LESS  THAN  SEVEN  HUNDRED
 FIFTY  WATTS; HAVE A MAXIMUM SPEED OF LESS THAN TWENTY MILES PER HOUR ON
 A PAVED LEVEL SURFACE WHEN POWERED SOLELY BY SUCH A MOTOR  WHILE  RIDDEN
 BY  AN  OPERATOR WHO WEIGHS ONE HUNDRED SEVENTY POUNDS; AND BE INCAPABLE
 OF FURTHER INCREASING THE SPEED OF THE DEVICE WHEN HUMAN POWER  IS  USED
 TO PROPEL THE DEVICE AT OR MORE THAN TWENTY MILES PER HOUR.
   3. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL-
 TY NOT TO EXCEED FIVE HUNDRED DOLLARS.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD10327-02-7

2017-S5482A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-ggg, Gen Bus L

2017-S5482A (ACTIVE) - Summary

Prohibits the sale of electric assisted bicycles unless the packaging contains a notice stating that the operation of such electric assisted bicycle on any public highway or sidewalk is prohibited.

2017-S5482A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5482A

 TITLE OF BILL :

An act to amend the general business law, in relation to labeling
requirements for electric assisted bicycles

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to increase consumer awareness that
electric assisted bicycles are not allowed to be used on public
roadways prior to purchase.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill amends the general business law to add a section
establishing that manufacturers and retailers of electric assisted
bicycles must have a printed warning label stating their use is
prohibited on any public highway or sidewalk.

This bill sets forth the definitions for "electric assisted bicycle"
and "sidewalk" as defined in section one hundred forty four of the
vehicle and traffic law.The definition of "public highway" is defined
pursuant to section one hundred thirty four of the vehicle and traffic
law.

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :

Two amendments have been made. First, the warning label was amended to
set forth a standard label that would read, "The operation of electric
assisted bicycles on public highways and roads is illegal in the State
of New York. Operation of an electric assisted bicycle on a public
sidewalk is possibly illegal. Please check your local municipal laws
or codes regarding usage of this bicycle on public sidewalks.

Second, the effective date was amended from "immediately" to "180
days."

 JUSTIFICATION :

Electric bicycles are deemed to be "motor vehicles" and as such cannot
be operated at all unless they have license plates, are registered,
are insured and meet all the equipment requirements of a motor
vehicle. As electric bicycles are incapable of all that they are
barred from being used on public roads.

Electric bicycles are allowed to be sold in New York State. Other than
researching the Vehicle and Traffic law, consumers would have very
little way of knowing that the electric bicycle they are utilizing or
purchasing for their family are barred from being used on public
roads. By labelling the packaging of the electric bike, consumers are
made aware of the restriction prior to the purchase.

 HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
180 days after enactment.

2017-S5482A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5482--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 31, 2017
                                ___________
 
 Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the  general  business  law,  in  relation  to  labeling
   requirements for electric assisted bicycles
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-ggg to read as follows:
   § 399-GGG. LABELING OF ELECTRIC ASSISTED BICYCLES. 1. NO PERSON, FIRM,
 OR CORPORATION SHALL SELL OR OFFER FOR SALE ANY ELECTRIC ASSISTED  BICY-
 CLE  UNLESS  THERE  IS  PRINTED  ON  THE  PACKAGE IN WHICH SUCH ELECTRIC
 ASSISTED BICYCLE IS SOLD OR OFFERED FOR SALE A CONSPICUOUS NOTICE  STAT-
 ING  "THE OPERATION OF ELECTRIC ASSISTED BICYCLES ON PUBLIC HIGHWAYS AND
 ROADS IS ILLEGAL IN THE STATE OF NEW  YORK.  OPERATION  OF  AN  ELECTRIC
 ASSISTED  BICYCLE ON A PUBLIC SIDEWALK IS POSSIBLY ILLEGAL. PLEASE CHECK
 YOUR LOCAL MUNICIPAL LAWS, RULES, REGULATIONS, OR CODES REGARDING  USAGE
 OF  THIS BICYCLE ON PUBLIC SIDEWALKS."
   2.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "PUBLIC HIGHWAY" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
 ONE HUNDRED THIRTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
   (B) "SIDEWALK" SHALL HAVE THE SAME MEANING AS DEFINED IN  SECTION  ONE
 HUNDRED FORTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
   (C) "ELECTRIC ASSISTED BICYCLE" SHALL MEAN A BICYCLE WITH TWO OR THREE
 WHEELS  WHICH  HAS A SADDLE AND FULLY OPERATIVE PEDALS FOR HUMAN PROPUL-
 SION AND ALSO HAS AN ELECTRIC MOTOR.  THE  ELECTRIC  ASSISTED  BICYCLE'S
 ELECTRIC  MOTOR  SHALL:  HAVE  A POWER OUTPUT OF LESS THAN SEVEN HUNDRED
 FIFTY WATTS; HAVE A MAXIMUM SPEED OF LESS THAN TWENTY MILES PER HOUR  ON
 A  PAVED  LEVEL SURFACE WHEN POWERED SOLELY BY SUCH A MOTOR WHILE RIDDEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10327-04-7

 S. 5482--A                          2
 
 BY AN OPERATOR WHO WEIGHS ONE HUNDRED SEVENTY POUNDS; AND  BE  INCAPABLE
 OF  FURTHER  INCREASING THE SPEED OF THE DEVICE WHEN HUMAN POWER IS USED
 TO PROPEL THE DEVICE AT OR MORE THAN TWENTY MILES PER HOUR.
   3. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL-
 TY NOT TO EXCEED FIVE HUNDRED DOLLARS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S5482

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2017-S5482 - Details

2017-S5482 - Summary

2017-S5482 - Sponsor Memo

2017-S5482 - Bill Text download pdf

2017-S5482A (ACTIVE) - Details

2017-S5482A (ACTIVE) - Summary

2017-S5482A (ACTIVE) - Sponsor Memo

2017-S5482A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5482

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2017-S5482 - Details

2017-S5482 - Summary

2017-S5482 - Sponsor Memo

2017-S5482 - Bill Text download pdf

2017-S5482A (ACTIVE) - Details

2017-S5482A (ACTIVE) - Summary

2017-S5482A (ACTIVE) - Sponsor Memo

2017-S5482A (ACTIVE) - Bill Text download pdf

Comments