S T A T E O F N E W Y O R K
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8443
2019-2020 Regular Sessions
I N A S S E M B L Y
July 8, 2019
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Introduced by M. of A. ROZIC -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to establishing
an amnesty program for any person who has received a ticket for opera-
tion of an electric assisted bicycle and providing an exception from
the registration requirement of motor vehicles for electric assisted
bicycles; and providing for the repeal of such provisions upon expira-
tion thereof
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 401-c to read as follows:
§ 401-C. ELECTRIC ASSISTED BICYCLE AMNESTY PROGRAM. 1. NOTWITHSTAND-
ING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT OF MOTOR VEHI-
CLES SHALL ESTABLISH AN AMNESTY PROGRAM FOR ANY INDIVIDUAL WHO HAS BEEN
ISSUED A TICKET FOR A VIOLATION OF SECTION FOUR HUNDRED ONE OF THIS
ARTICLE WHILE OPERATING AN ELECTRIC ASSISTED BICYCLE. SUCH AMNESTY
PROGRAM SHALL ALLOW ANY PERSON CHARGED WITH A FINE, FEE OR OTHER PENALTY
FOR A VIOLATION OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE TO HAVE SUCH
FINE, FEE OR OTHER PENALTY WAIVED FOR A PERIOD OF THREE HUNDRED SIXTY-
FIVE DAYS FROM THE ESTABLISHMENT OF SUCH AMNESTY PROGRAM.
2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IT SHALL NOT
BE A VIOLATION OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE FOR AN ELEC-
TRIC ASSISTED BICYCLE TO BE OPERATED OR DRIVEN UPON THE PUBLIC HIGHWAYS
OF THIS STATE WITHOUT FIRST BEING REGISTERED IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE.
3. AS USED IN THIS SECTION, THE TERM "ELECTRIC ASSISTED BICYCLE" SHALL
MEAN 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13418-01-9
A. 8443 2
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. This act shall take effect immediately and shall expire and be
deemed repealed one year after such date.