S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6189
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  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 WITH TWO OR THREE WHEELS
 WHICH  HAS  A SADDLE AND FULLY OPERATIVE PEDALS FOR HUMAN PROPULSION AND
 ALSO HAS AN ELECTRIC MOTOR.   THE ELECTRIC ASSISTED  BICYCLE'S  ELECTRIC
 MOTOR SHALL: HAVE A POWER OUTPUT OF LESS THAN SEVEN HUNDRED FIFTY WATTS;
 HAVE A MAXIMUM SPEED OF LESS THAN TWENTY MILES PER HOUR ON A PAVED LEVEL
 SURFACE  WHEN POWERED SOLELY BY SUCH A MOTOR WHILE RIDDEN BY AN OPERATOR
 WHO WEIGHS ONE HUNDRED SEVENTY  POUNDS;  AND  BE  INCAPABLE  OF  FURTHER
 INCREASING  THE  SPEED  OF THE DEVICE WHEN HUMAN POWER IS USED TO PROPEL
 THE DEVICE AT OR MORE THAN TWENTY MILES PER HOUR.
   § 2. The article heading of article 15 of the vehicle and traffic  law
 is amended to read as follows:
        REGISTRATION OF MOTORCYCLES AND ELECTRIC ASSISTED BICYCLES
   § 3. Section 410 of the vehicle and traffic law, as amended by chapter
 459  of the laws of 1970, subdivision 3 as amended by chapter 466 of the
 laws of 2013, subdivision 4 as amended by chapter 137  of  the  laws  of
 1989,  subdivision  5 as amended by chapter 435 of the laws of 1997, and
 paragraph a of subdivision 5 as amended by section 2 of part UU of chap-
 ter 59 of the laws of 2018, is amended to read as follows:
   § 410. Registration of motorcycles  AND  ELECTRIC  ASSISTED  BICYCLES;
 fees;  renewals.  1.  Registration by owners. No motorcycles OR ELECTRIC
 ASSISTED BICYCLES shall be operated or driven upon the  public  highways
 of  this  state  without  first  being registered in accordance with the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10264-01-9
              

 A. 6189                             2
 
 provisions of this article, except as otherwise  expressly  provided  in
 this chapter.
   Every  owner  of  a  motorcycle  OR AN ELECTRIC ASSISTED BICYCLE which
 shall be operated or driven upon  the  public  highways  of  this  state
 shall,  except  as  otherwise  expressly provided, cause to be filed, by
 mail or otherwise, in the office or a branch office of the commissioner,
 or with an agent of the commissioner, constituted as  provided  in  this
 chapter, an application for registration, addressed to the commissioner,
 and  on  a  blank to be prepared under the direction of and furnished by
 the commissioner for that purpose, containing: (a) A  brief  description
 of the motorcycle OR ELECTRIC ASSISTED BICYCLE to be registered, includ-
 ing the name of the manufacturer and factory number of such vehicle; (b)
 the  name, residence, including county and business address of the owner
 of such motorcycle OR ELECTRIC ASSISTED BICYCLE.
   2. Registration record. Upon the receipt of a  sufficient  application
 for registration, as provided in this article, the commissioner or agent
 receiving  it  shall  register  such  motorcycle  OR  ELECTRIC  ASSISTED
 BICYCLE, and maintain a record of the registration of such motorcycle OR
 ELECTRIC ASSISTED BICYCLE under the distinctive number assigned to  such
 motorcycle  OR  ELECTRIC  ASSISTED BICYCLE, as provided in this section,
 and the information in such record may be obtained upon payment  of  the
 fees specified in section two hundred two of this chapter.
   3. Certificate of registration. a. Upon the filing of such application
 and  the payment of the fee hereinafter provided, the commissioner shall
 assign to such motorcycle OR ELECTRIC  ASSISTED  BICYCLE  a  distinctive
 number  and, without expense to the applicant, issue and deliver in such
 manner as the commissioner may select to  the  owner  a  certificate  of
 registration,  in  such  form  as  the commissioner may prescribe, and a
 number plate at a place within the state of New York named by the appli-
 cant in his application.  In  the  event  of  the  loss,  mutilation  or
 destruction  of  any  certificate  of  registration or number plate, the
 owner of a registered vehicle may file such statement and proof  of  the
 facts as the commissioner shall require, with a fee of three dollars, in
 the  office  of  the commissioner, or, unless and until the commissioner
 shall otherwise direct, in the  office  of  the  agent  who  issued  the
 certificate  or plate and the commissioner or his agent, as the case may
 be, shall issue a duplicate or substitute. No application for  registra-
 tion shall be accepted unless the applicant is at least sixteen years of
 age.
   b. Upon the issuance of a certificate of registration, the commission-
 er  shall  provide the owner of such vehicle with a notice regarding the
 laws governing unidentifiable motorcycle OR  ELECTRIC  ASSISTED  BICYCLE
 parts, in such form and manner as the commissioner may prescribe.
   4. Times for registration and reregistration. Registration applied for
 and  certificates  issued  under  any application shall expire on a date
 determined by the commissioner. Registration shall  be  renewed  period-
 ically  in  the  same  manner and upon payment of the same annual fee as
 provided in this section for registration, to take effect and to  expire
 on  dates  to be determined by the commissioner. Provided, however, that
 the commissioner shall have authority to fix  the  length  of  time  for
 which  any  such vehicle which is registered without fee shall be regis-
 tered. Provided further, however, that renewal of a registration may  be
 used  preceding  the expiration date of such registration including such
 expiration date.
   5. Registration fees.  a. The annual fee for registration or  reregis-
 tration  of  a  motorcycle  OR ELECTRIC ASSISTED BICYCLE shall be eleven

 A. 6189                             3
 
 dollars and fifty cents. Beginning April first, nineteen  hundred  nine-
 ty-eight the annual fee for registration or reregistration of a motorcy-
 cle  OR  ELECTRIC  ASSISTED BICYCLE shall be seventeen dollars and fifty
 cents.
   b.  Where a registration is made for a period of more or less than one
 calendar  year,  the  registration  fee  shall  not  be  prorated.   The
 provisions hereof with respect to the payment of registration fees shall
 not  apply  to  motorcycles  OR  ELECTRIC  ASSISTED  BICYCLES  owned  or
 controlled by the state, a city, county, village or town or any  of  the
 departments  thereof, or any school district or county extension service
 association, but in other respects shall be applicable.
   6. Fees in lieu of taxes. The registration fees imposed by this  arti-
 cle  upon such vehicles shall be in lieu of all taxes, general or local,
 to which motorcycles OR ELECTRIC ASSISTED BICYCLES may be subject.
   7. "Motorcycle" as used in this section shall  mean  a  motorcycle  as
 defined by section one hundred twenty-three of this chapter.
   8.  "ELECTRIC  ASSISTED BICYCLE" AS USED IN THIS SECTION SHALL MEAN AN
 ELECTRIC ASSISTED BICYCLE AS DEFINED BY SECTION  ONE  HUNDRED  TWO-C  OF
 THIS CHAPTER.
   §  4. Section 411 of the vehicle and traffic law is amended to read as
 follows:
   § 411. Distinctive number; form of number plates. 1. No  person  shall
 operate or drive a motorcycle OR ELECTRIC ASSISTED BICYCLE on the public
 highways of this state unless such motorcycle OR ELECTRIC ASSISTED BICY-
 CLE  shall  have a distinctive number assigned to it by the commissioner
 and a number plate issued by the commissioner with a number  correspond-
 ing  to  that of the certificate of registration conspicuously displayed
 on the rear of such motorcycle OR ELECTRIC  ASSISTED  BICYCLE,  securely
 fastened so as to prevent the same from swinging.
   2.  Such  number  plates  shall  be of such material, form, design and
 dimensions and contain or set forth such distinguishing number or  other
 identification  marks  as  the  commissioner  shall prescribe, provided,
 however, that there shall be at all times a marked contrast between  the
 color  of the number plates and that of the numerals or letters thereon,
 and provided further that no motorcycle  OR ELECTRIC  ASSISTED  BICYCLES
 shall  display  the  number plates of more than one state at a time, nor
 shall any plate be used other than those issued by the commissioner.
   3. No person shall operate or drive a motorcycle  OR ELECTRIC ASSISTED
 BICYCLE upon the public highways of this state having displayed  thereon
 a  number  plate  not  proper for such motorcycle   OR ELECTRIC ASSISTED
 BICYCLE under the provisions of this chapter and,  upon  conviction  for
 this  offense,  the  number  plate shall be surrendered to the court for
 delivery to the commissioner.
   4. No person shall knowingly authorize or permit a number plate issued
 for a motorcycle  OR ELECTRIC ASSISTED BICYCLE owned and  registered  by
 him  to  be  displayed  on any motorcycle   OR ELECTRIC ASSISTED BICYCLE
 other than a motorcycle   OR ELECTRIC ASSISTED  BICYCLE  to  which  such
 number  plate  has been assigned by the commissioner, or upon which such
 number plate may legally be displayed under a temporary  certificate  of
 registration  issued  by  a  dealer under the provisions of section four
 hundred twenty of this [chapter] TITLE.
   § 5. Section 411-a of the vehicle and traffic law, as added by chapter
 962 of the laws of 1981, subdivision 1 as amended by section 17 of  part
 G of chapter 59 of the laws of 2009, is amended to read as follows:
   § 411-a. Issuance  of  special  number plates. 1. The commissioner may
 issue special number plates to applicants therefor in the same manner as

 A. 6189                             4
 
 other number plates are issued pursuant to this  article.  Such  special
 number  plates  shall  be  issued only upon payment of an annual service
 charge of eighteen dollars and seventy-five cents  in  addition  to  the
 regular  fee  prescribed  by  section  four hundred ten of this article.
 Application for special number plates shall be made in  accordance  with
 regulations  promulgated by the commissioner with respect to issuance of
 such number plates. Notwithstanding any inconsistent provision  of  this
 section,  the  difference collected between the service charge set forth
 in this subdivision in effect on and after September first, two thousand
 nine and the service charge set forth  in  this  subdivision  in  effect
 prior  to  such  date  shall be deposited to the credit of the dedicated
 highway and bridge trust fund.
   2. For purposes of this section, a special number  plate  shall  be  a
 plate which contains not more than six letters, numerals or any combina-
 tion  thereof  and which is reserved by the commissioner for issuance in
 accordance with the provisions of this section, or a plate reserved  for
 issuance in a series for motorcycles OR ELECTRIC ASSISTED BICYCLES owned
 by  public officers, physicians, accredited representatives of the press
 or other groups. In issuing special number plates the commissioner shall
 give those applicants who held a special number plate at the time of the
 enactment of this section the right to retain such special number  plate
 upon  the  payment  of  the  annual  service  charge of fifteen dollars.
 Provided, however, that such right of retention shall apply only to  the
 first renewal of the registration of such special number plate following
 the enactment of this section.
   3.  This section shall not apply to any plates in a series reserved in
 the public interest for purposes of facilitating identification of state
 and municipal motorcycles  OR ELECTRIC ASSISTED BICYCLES and those owned
 by members of international  governmental  organizations  or  any  other
 vehicles  which are exempt from the payment of registration fees, nor to
 plates or series of plates assigned by the commissioner for issuance  by
 county clerks.
   4. Nothing contained in this section shall be construed to require the
 commissioner to issue a special number plate or plates.
   §  6.  The  vehicle and traffic law is amended by adding a new article
 34-D to read as follows:
 
                               ARTICLE 34-D
                  OPERATION OF ELECTRIC ASSISTED BICYCLES

 SECTION 1280. TRAFFIC LAWS APPLY TO PERSONS OPERATING ELECTRIC  ASSISTED
                 BICYCLES.
         1281. OPERATING ELECTRIC ASSISTED BICYCLES.
         1282. OPERATING ELECTRIC ASSISTED BICYCLES ON ROADWAYS LANED FOR
                 TRAFFIC.
         1283. CLINGING TO OTHER VEHICLES.
         1284. EQUIPMENT AND MANUFACTURING REQUIREMENTS.
         1285. DIRECTIONAL SIGNALS.
         1286. ELECTRIC ASSISTED BICYCLES SAFETY COURSE.
         1287. LEAVING  THE  SCENE  OF  AN INCIDENT INVOLVING AN ELECTRIC
                 ASSISTED BICYCLE WITHOUT REPORTING.
         1288. INSURANCE.
   § 1280. TRAFFIC LAWS APPLY  TO  PERSONS  OPERATING  ELECTRIC  ASSISTED
 BICYCLES.  EVERY  PERSON OPERATING AN ELECTRIC ASSISTED BICYCLE SHALL BE
 GRANTED ALL OF THE RIGHTS AND SHALL BE SUBJECT  TO  ALL  OF  THE  DUTIES
 APPLICABLE  TO  THE DRIVER OF ANY OTHER VEHICLE UNDER THIS TITLE, EXCEPT

 A. 6189                             5
 
 AS TO SPECIAL REGULATIONS  IN  THIS  ARTICLE  AND  EXCEPT  AS  TO  THOSE
 PROVISIONS OF THIS TITLE WHICH BY THEIR NATURE CAN HAVE NO APPLICATION.
   §  1281.  OPERATING ELECTRIC ASSISTED BICYCLES. 1. NO PERSON LESS THAN
 SIXTEEN YEARS OF AGE SHALL OPERATE AN ELECTRIC ASSISTED BICYCLE.
   2. NO PERSON SHALL OPERATE AN ELECTRIC ASSISTED  BICYCLE  UNLESS  SUCH
 PERSON  HAS  A VALID NEW YORK STATE DRIVER'S LICENSE OR LEARNER'S PERMIT
 PURSUANT TO SECTION FIVE HUNDRED ONE OF THIS CHAPTER.
   3. NO PERSON SHALL OPERATE AN ELECTRIC ASSISTED  BICYCLE  UNLESS  SUCH
 PERSON  IS WEARING A HELMET MEETING STANDARDS ESTABLISHED BY THE COMMIS-
 SIONER. FOR THE PURPOSES OF THIS SUBDIVISION,  WEARING  A  HELMET  MEANS
 HAVING A HELMET OF GOOD FIT FASTENED SECURELY ON THE HEAD OF SUCH WEARER
 WITH THE HELMET STRAPS SECURELY FASTENED.
   4.  A  PERSON  OPERATING  AN ELECTRIC ASSISTED BICYCLE SHALL RIDE ONLY
 UPON THE PERMANENT AND REGULAR SEAT ATTACHED THERETO, AND SUCH  OPERATOR
 SHALL NOT CARRY ANY OTHER PERSON ON AN ELECTRIC ASSISTED BICYCLE.
   5.  A  PERSON  SHALL  OPERATE  AN ELECTRIC ASSISTED BICYCLE ONLY WHILE
 SITTING ASTRIDE THE SEAT, FACING FORWARD, WITH ONE LEG ON EACH  SIDE  OF
 THE ELECTRIC ASSISTED BICYCLE.
   6. NO PERSON SHALL OPERATE AN ELECTRIC ASSISTED BICYCLE WHILE CARRYING
 ANY  PACKAGE,  BUNDLE  OR  OTHER  ARTICLE WHICH PREVENTS HIM OR HER FROM
 KEEPING BOTH HANDS ON THE HANDLEBARS.
   7. (A) ANY PERSON WHO VIOLATES THE PROVISIONS OF  SUBDIVISION  ONE  OR
 TWO 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  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.
   (C) 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 FROM THE STATEWIDE IN-LINE SKATE AND BICYCLE
 HELMET DISTRIBUTION PROGRAM OR A LOCAL DISTRIBUTION PROGRAM.
   8.  A  POLICE  OFFICER  SHALL  ONLY ISSUE A SUMMONS FOR A VIOLATION OF
 SUBDIVISION ONE OR TWO OF THIS SECTION BY A  PERSON  LESS  THAN  SIXTEEN
 YEARS  OF  AGE TO THE PARENT OR GUARDIAN OF SUCH PERSON IF THE VIOLATION
 BY SUCH PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S PARENT OR GUARDI-
 AN AND WHERE SUCH PARENT OR GUARDIAN IS EIGHTEEN YEARS OF AGE  OR  MORE.
 SUCH  SUMMONS SHALL ONLY BE ISSUED TO SUCH PARENT OR GUARDIAN, AND SHALL
 NOT BE ISSUED TO THE PERSON LESS THAN SIXTEEN YEARS OF AGE.
   § 1282. OPERATING ELECTRIC ASSISTED BICYCLES  ON  ROADWAYS  LANED  FOR
 TRAFFIC. 1. ALL ELECTRIC ASSISTED BICYCLES ARE ENTITLED TO FULL USE OF A
 LANE AND NO MOTOR VEHICLE OR MOTORCYCLE SHALL BE DRIVEN IN SUCH A MANNER
 AS  TO  DEPRIVE ANY ELECTRIC ASSISTED BICYCLE OF THE FULL USE OF A LANE.
 HOWEVER, THIS  SECTION  SHALL  NOT  BE  CONSTRUED  TO  PREVENT  ELECTRIC
 ASSISTED BICYCLES FROM BEING OPERATED TWO ABREAST IN A SINGLE LANE.
   2. THE OPERATOR OF AN ELECTRIC ASSISTED BICYCLE SHALL NOT OVERTAKE AND
 PASS IN THE SAME LANE OCCUPIED BY THE VEHICLE BEING OVERTAKEN.
   3.  NO PERSON SHALL OPERATE AN ELECTRIC ASSISTED BICYCLE BETWEEN LANES
 OF TRAFFIC OR BETWEEN ADJACENT LINES OR ROWS OF VEHICLES.
   4. NO PERSON SHALL OPERATE AN ELECTRIC ASSISTED BICYCLE ON  A  BICYCLE
 OR  IN-LINE  SKATE  LANE  OR  PATH  OR NEAR THE RIGHT HAND CURB, EDGE OR
 SHOULDER OF THE ROADWAY.
   5. ELECTRIC ASSISTED BICYCLES SHALL NOT  BE  OPERATED  MORE  THAN  TWO
 ABREAST IN A SINGLE LANE.

 A. 6189                             6
 
   §  1283.  CLINGING  TO OTHER VEHICLES. NO PERSON OPERATING AN ELECTRIC
 ASSISTED BICYCLE  SHALL  ATTACH  HIMSELF  OR  HERSELF  OR  THE  ELECTRIC
 ASSISTED BICYCLE TO ANY OTHER VEHICLE OR STREETCAR ON A ROADWAY.
   §  1284.  EQUIPMENT  AND  MANUFACTURING  REQUIREMENTS.  1. AN ELECTRIC
 ASSISTED BICYCLE SHALL MEET THE EQUIPMENT AND MANUFACTURING REQUIREMENTS
 FOR BICYCLES ADOPTED BY  THE  CONSUMER  PRODUCT  SAFETY  COMMISSION  (16
 C.F.R.  1512.1,  ET  SEQ.)  OR  THE REQUIREMENTS ADOPTED BY THE NATIONAL
 HIGHWAY TRAFFIC SAFETY ADMINISTRATION (49 C.F.R. 561.1,  ET  SEQ.)    IN
 ACCORDANCE  WITH  THE  NATIONAL  TRAFFIC AND MOTOR VEHICLE SAFETY ACT OF
 1966 (15 U.S.C.  SEC. 1381, ET SEQ.) FOR MOTOR DRIVEN CYCLES.
   2. (A) EVERY ELECTRIC ASSISTED BICYCLE, DRIVEN UPON THE  PUBLIC  HIGH-
 WAYS OF THIS STATE SHALL BE PROVIDED WITH ONE RED TO AMBER STOP LAMP AND
 SHALL,  WHENEVER  SUCH  ELECTRIC ASSISTED BICYCLE IS BEING OPERATED UPON
 THE PUBLIC HIGHWAYS OF THE STATE, DISPLAY ONE LIGHTED LAMP IN FRONT  AND
 ONE  ON  THE  REAR;  AND  IN ALL CASES THE LAMPS ON AN ELECTRIC ASSISTED
 BICYCLE SHALL INCLUDE A RED LIGHT VISIBLE FROM THE  REAR.  THE  RAYS  OF
 SUCH  REAR LAMP SHALL SHINE UPON THE NUMBER PLATE CARRIED ON THE REAR OF
 SUCH ELECTRIC ASSISTED BICYCLE IN SUCH MANNER AS TO RENDER THE  NUMERALS
 THEREON  VISIBLE FOR AT LEAST FIFTY FEET IN THE DIRECTION FROM WHICH THE
 ELECTRIC ASSISTED BICYCLE IS PROCEEDING. THE LIGHT OF THE FRONT LAMP  OR
 LAMPS  SHALL  BE  VISIBLE  AT LEAST TWO HUNDRED FEET IN THE DIRECTION IN
 WHICH THE ELECTRIC ASSISTED BICYCLE IS PROCEEDING.
   (B) DRIVING AN ELECTRIC ASSISTED BICYCLE WITHOUT THE  DISPLAY  OF  ONE
 LIGHTED  LAMP  IN  FRONT AND ONE ON THE REAR, DURING A PERIOD OTHER THAN
 FROM ONE-HALF HOUR AFTER SUNSET TO ONE-HALF HOUR BEFORE  SUNRISE,  SHALL
 NOT BE DEEMED TO CONSTITUTE NEGLIGENCE OR CONTRIBUTORY NEGLIGENCE IN ANY
 ACTION  OR  PROCEEDING  ARISING  OUT  OF  THE OPERATION OF SUCH ELECTRIC
 ASSISTED BICYCLE.
   (C) NO HEAD LAMP SHALL BE USED  UPON  ANY  ELECTRIC  ASSISTED  BICYCLE
 OPERATED  UPON  THE  PUBLIC  HIGHWAYS  OF THE STATE, UNLESS SUCH LAMP IS
 APPROVED BY THE COMMISSIONER OR IS EQUIPPED WITH A LENS OR OTHER  DEVICE
 APPROVED  BY  THE  COMMISSIONER.    EVERY  SUCH HEAD LAMP, LENS OR OTHER
 DEVICE SHALL BE APPLIED AND ADJUSTED IN ACCORDANCE WITH THE REQUIREMENTS
 OF THE CERTIFICATE APPROVING THE USE THEREOF. EVERY SUCH HEAD LAMP SHALL
 BE FIRMLY AND SUBSTANTIALLY MOUNTED ON THE ELECTRIC ASSISTED BICYCLE  IN
 SUCH  MANNER  AS  TO ALLOW THE LAMP TO BE PROPERLY AND READILY ADJUSTED.
 EACH REFLECTOR WHICH IS USED AS A PART OF SUCH HEAD LAMP  SHALL  HAVE  A
 POLISHED  SILVER  OR  GLASS  REFLECTING SURFACE, OR A REFLECTING SURFACE
 WHICH GIVES CANDLE POWER INTENSITY MEETING THE REQUIREMENTS OF RULES AND
 REGULATIONS ESTABLISHED BY THE COMMISSIONER, AND SHALL BE  SUBSTANTIALLY
 FREE  FROM  DENTS,  RUST  AND OTHER IMPERFECTIONS. THE OPERATOR OF EVERY
 ELECTRIC ASSISTED BICYCLE SHALL PERMIT ANY POLICEMAN, POLICE OFFICER  OR
 OTHER  PERSON  EXERCISING POLICE POWERS TO INSPECT THE EQUIPMENT OF SUCH
 MOTORCYCLE AND MAKE SUCH TESTS AS MAY BE NECESSARY TO DETERMINE  WHETHER
 THE PROVISIONS OF THIS SECTION ARE BEING COMPLIED WITH. THE COMMISSIONER
 MAY MAKE REASONABLE RULES AND REGULATIONS RELATIVE TO LIGHTS ON MOTORCY-
 CLES  AND  THE APPROVAL OF THE SAME WHICH MAY BE NECESSARY TO EFFECTUATE
 THE FOREGOING PROVISIONS OF THIS SECTION.
   (D) ONLY A WHITE OR YELLOW LIGHT SHALL BE DISPLAYED UPON  AN  ELECTRIC
 ASSISTED  BICYCLE  SO AS TO BE VISIBLE FROM A POINT DIRECTLY IN FRONT OF
 THE VEHICLE.
   (E) EVERY ELECTRIC ASSISTED BICYCLE SHALL HAVE AT LEAST  ONE  ADEQUATE
 RED  REFLECTOR  SECURELY  ATTACHED  TO THE REAR. SUCH REFLECTOR MAY BE A
 PART OF THE REAR LAMP. NO REFLECTOR SHALL BE DEEMED ADEQUATE WITHIN  THE
 MEANING  OF THIS SUBDIVISION UNLESS IT IS OF A SIZE AND TYPE APPROVED BY
 THE COMMISSIONER, AND UNLESS IT IS SO DESIGNED, LOCATED  AND  MAINTAINED

 A. 6189                             7
 
 AS  TO  BE VISIBLE FOR AT LEAST TWO HUNDRED FEET WHEN OPPOSED BY A MOTOR
 VEHICLE DISPLAYING LAWFUL UNDIMMED HEADLIGHTS AT NIGHT ON  AN  UNLIGHTED
 HIGHWAY.  THE  PROVISIONS OF THIS SUBDIVISION WITH RESPECT TO REFLECTORS
 SHALL BE APPLICABLE, BOTH DAY AND NIGHT, WHENEVER THE MOTORCYCLE IS ON A
 PUBLIC HIGHWAY.
   3.  NO  PERSON SHALL OPERATE AN ELECTRIC ASSISTED BICYCLE UNLESS IT IS
 EQUIPPED WITH A SUITABLE AND ADEQUATE HORN OR OTHER DEVICE  FOR  SIGNAL-
 ING,  WHICH  HORN  OR  DEVICE SHALL PRODUCE A SOUND SUFFICIENTLY LOUD TO
 SERVE AS A DANGER WARNING BUT SHALL NOT BE USED OTHER THAN AS A  REASON-
 ABLE WARNING NOR BE UNNECESSARILY LOUD OR HARSH.
   4.  EVERY  ELECTRIC  ASSISTED  BICYCLE SHALL BE EQUIPPED WITH ADEQUATE
 BRAKES IN GOOD WORKING ORDER AND SUFFICIENT  TO  CONTROL  SUCH  ELECTRIC
 ASSISTED  BICYCLE AT ALL TIMES WHEN SUCH ELECTRIC ASSISTED BICYCLE IS IN
 USE.
   5. ELECTRIC ASSISTED BICYCLES SHALL OPERATE IN A MANNER  SO  THAT  THE
 ELECTRIC  MOTOR  IS DISENGAGED OR CEASES TO FUNCTION WHEN THE BRAKES ARE
 APPLIED, OR OPERATE IN A MANNER SUCH THAT THE MOTOR IS ENGAGED THROUGH A
 SWITCH OR MECHANISM THAT, WHEN RELEASED, WILL CAUSE THE  ELECTRIC  MOTOR
 TO DISENGAGE OR CEASE TO FUNCTION.
   6.  EVERY  ELECTRIC ASSISTED BICYCLE SHALL BE EQUIPPED WITH REFLECTIVE
 TIRES OR, ALTERNATIVELY, 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.
   7. IT SHALL BE UNLAWFUL TO OPERATE ON ANY PUBLIC HIGHWAY IN THIS STATE
 ANY ELECTRIC ASSISTED BICYCLE REGISTERED  IN  THIS  STATE,  UNLESS  SUCH
 ELECTRIC  ASSISTED  BICYCLE  IS  EQUIPPED  WITH A REAR VIEW MIRROR WHICH
 SHALL BE ADJUSTED SO THAT THE OPERATOR OF SUCH ELECTRIC ASSISTED BICYCLE
 SHALL HAVE A CLEAR VIEW OF THE ROAD AND CONDITION OF TRAFFIC BEHIND SUCH
 ELECTRIC ASSISTED BICYCLE.
   § 1285. DIRECTIONAL SIGNALS. IT SHALL BE UNLAWFUL TO  OPERATE  ON  ANY
 PUBLIC  HIGHWAY  OR  STREET  IN THIS STATE ANY ELECTRIC ASSISTED BICYCLE
 UNLESS SUCH ELECTRIC  ASSISTED  BICYCLE  IS  EQUIPPED  WITH  DIRECTIONAL
 SIGNALS APPROVED BY THE COMMISSIONER.
   §  1286. ELECTRIC ASSISTED BICYCLES SAFETY COURSE. 1. THE COMMISSIONER
 SHALL ESTABLISH A CURRICULUM OR CURRICULA FOR A THIRTY  MINUTE  ELECTRIC
 BICYCLE  SAFETY COURSE TO BE COMPLETED BY OPERATORS OF ELECTRIC ASSISTED
 BICYCLES ANNUALLY. THE COMMISSIONER MAY PERMIT ANY SUCH SAFETY  TRAINING
 COURSE  TO  BE GIVEN BY ANY PRIVATE PERSON, CLUB, ASSOCIATION OR MUNICI-
 PALITY WHICH  MEETS  STANDARDS  ESTABLISHED  BY  THE  COMMISSIONER.  THE
 COMMISSIONER  MAY  ESTABLISH  A  REASONABLE FEE WHICH ANY SUCH PERSON OR
 ENTITY MAY CHARGE FOR SUCH COURSE OR COURSES.
   2. UPON SUCCESSFUL COMPLETION OF A SAFETY COURSE GIVEN  IN  CONFORMITY
 WITH SUBDIVISION ONE OF THIS SECTION BY A PERSON SIXTEEN YEARS OF AGE OR
 OVER,  THE  PERSON  OR  ENTITY  WHICH  GAVE  THE COURSE SHALL NOTIFY THE
 COMMISSIONER OF SUCH COMPLETION IN A MANNER PRESCRIBED  BY  THE  COMMIS-
 SIONER.  THE COMMISSIONER SHALL, UPON RECEIPT OF SUCH INFORMATION, ISSUE
 AN ELECTRIC ASSISTED BICYCLE SAFETY CERTIFICATE TO THE  PERSON  WHO  HAS
 SUCCESSFULLY COMPLETED THE COURSE.
   §  1287.  LEAVING  THE  SCENE  OF  AN  INCIDENT  INVOLVING AN ELECTRIC
 ASSISTED BICYCLE WITHOUT REPORTING.  1. (A) ANY PERSON EIGHTEEN YEARS OF
 AGE OR OLDER OPERATING AN ELECTRIC  ASSISTED  BICYCLE  WHO,  KNOWING  OR
 HAVING  CAUSE  TO  KNOW, THAT PHYSICAL INJURY, AS DEFINED IN SUBDIVISION
 NINE OF SECTION 10.00 OF THE PENAL  LAW,  HAS  BEEN  CAUSED  TO  ANOTHER
 PERSON,  DUE  TO THE OPERATION OF SUCH ELECTRIC ASSISTED BICYCLE BY SUCH

 A. 6189                             8
 
 PERSON SHALL, BEFORE  LEAVING  THE  PLACE  WHERE  SUCH  PHYSICAL  INJURY
 OCCURRED,  STOP  AND  PROVIDE  HIS  OR HER 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.
   (B)  A  VIOLATION  OF  PARAGRAPH  (A)  OF  THIS SUBDIVISION SHALL BE A
 VIOLATION.
   2. (A) ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER OPERATING AN ELECTRIC
 ASSISTED BICYCLE WHO, KNOWING OR HAVING  CAUSE  TO  KNOW,  THAT  SERIOUS
 PHYSICAL  INJURY,  AS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE
 PENAL LAW, HAS BEEN CAUSED TO ANOTHER PERSON, DUE TO  THE  OPERATION  OF
 SUCH  ELECTRIC ASSISTED BICYCLE BY SUCH PERSON SHALL, BEFORE LEAVING THE
 PLACE WHERE SUCH SERIOUS PHYSICAL INJURY OCCURRED, STOP AND PROVIDE  HIS
 OR  HER  NAME  AND RESIDENCE, INCLUDING STREET AND STREET NUMBER, TO THE
 INJURED PARTY, IF PRACTICAL, AND ALSO TO A POLICE  OFFICER,  OR  IN  THE
 EVENT  THAT  NO  POLICE  OFFICER IS IN THE VICINITY OF THE PLACE OF SAID
 INJURY, THEN SUCH PERSON SHALL REPORT SAID INCIDENT  AS  SOON  AS  PHYS-
 ICALLY ABLE TO THE NEAREST POLICE STATION OR JUDICIAL OFFICER.
   (B)  A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE A CLASS
 B MISDEMEANOR.
   § 1288. INSURANCE. THE PROVISIONS OF ARTICLES SIX, SEVEN AND EIGHT  OF
 THIS CHAPTER SHALL BE APPLICABLE TO ELECTRIC ASSISTED BICYCLES.
   §  7.  Except  as  otherwise provided in this act, no municipal corpo-
 ration, as defined in section 2 of the  general  municipal  law,  shall,
 after  June  1, 2019, enact any local law, ordinance or code relating to
 the operation of an electric assisted bicycle unless the terms  of  such
 law,  ordinance or code are identical to the provisions of this act. The
 provisions of this act shall invalidate and preempt any such local  law,
 ordinance  or  code, enacted after June 1, 2019 unless the terms of such
 law, ordinance or code are identical to the provisions of this act.
   § 8. The provisions of this act shall preempt  any  local  law,  ordi-
 nance, code, rule or regulation relating to the operation of an electric
 assisted  bicycle,  except  that  nothing in this act shall preclude any
 state or local agency, which, by permit, license or  registration  regu-
 lates the business or professional activities of individuals from impos-
 ing more stringent restrictions than provided in this act for the use of
 electric  assisted  bicycles  upon such individuals during the course of
 engaging in the business or professional activity that is the subject of
 such agency's permit, license or registration.
   § 9. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.