NY State Senate Bill S1591

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In Committee
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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jan 15, 2019	referred to transportation

Co-Sponsors

S1591 (ACTIVE) - Details

See Assembly Version of this Bill:: A1388
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd V & T L, generally; amd §316, Hway L; amd §180, Gen Muni L
Versions Introduced in 2017-2018 Legislative Session:: S6029, A7791

S1591 (ACTIVE) - Summary

Defines "electric assisted bicycles" and implements additional requirements for operating such bicycles.

S1591 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1591

SPONSOR: O'MARA
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill clarifies the vehicle and traffic law to define electric
assisted bicycles; establish that electric assisted bicycles, as
defined, are bicycles, not motor vehicles; and establish safety and
operation criteria for their use.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new Section 102-c to the vehicle and traf-
fic law and defines electric assisted bicycle.

Section 2 amends 121-b of the vehicle and traffic law, as amended by
chapter 160 of the laws of 1981. This section exempts electric assisted
bicycles from the limited use motorcycle classification.

Section 3 amends 125 of the vehicle and traffic law, as amended by chap-
ter 365 of the laws of 2008. This section exempts electric assisted
bicycles from the motor vehicle definition.

Section 4 amends 159 of the vehicle and traffic law, which exempts elec-
tric assisted bicycles from the vehicle definition.

Section 5 amends section 1230 of the vehicle and traffic law to include
electric assisted bicycles.

Section 6 amends section 1231 of the vehicle and traffic law to include
electric assisted bicycles.

Section 7 amends section 1232 of the vehicle and traffic law to include
electric assisted bicycles.

Section 8 adds section 1232-a to the vehicle and traffic law which
creates additional requirements to ride an electric assisted bicycle.

Section 9 amends section 1233 of the vehicle and traffic law to include
electric assisted bicycles.

Section 10 amends section 1234 of the vehicle and traffic law to include
electric assisted bicycles.

Section 11 amends section 1235 of the vehicle and traffic law to include
electric assisted bicycles.

Section 12 amends section 1236 of the vehicle and traffic law to include
electric assisted bicycles.

Section 13 amends section 1236 of the vehicle and traffic law to include
electric assisted bicycles.

Section 14 amends section 1240 of the vehicle and traffic law to include
electric assisted bicycles.

Section 15 amends section 1241 of the vehicle and traffic law to include
electric assisted bicycles.

Section 16 adds section 1242 to the vehicle and traffic law to create a
violation for tampering with an electric assisted bicycle.

Section 17 amends section 316 of the highway law to include electric
assisted bicycles.

Section 18 amends the general municipal law to allow governing boards of
municipal corporations to adopt local laws to regulate the use of bicy-
cles on the public highways, streets, avenues, walks, parks and public
places within their limits. States that local laws shall not impose any
charge, tax or otherwise not provide for the free use of electric
assisted bicycles.

Section 19 provides the effective date.

 
JUSTIFICATION:

This legislation clarifies the legal status of electric assisted bicy-
cles, commonly referred to as pedal assist bikes or e-bikes.  Since
2002, the federal government has recognized electric bikes as consumer
products and not as motorized vehicles. Since then, sales of e-bikes
have steadily increased throughout the United States. In fact, over
250,000 e-bikes were sold in 2015.

Electric assisted bicycles look and work almost exactly like a "regular"
bicycle, but are easier to operate with assistance from an electric
motor that is activated while the rider is pedaling. The battery, which
assists a rider, automatically shuts off when the rider stops pedaling
and/or reaches 10 mph. Electric bicycles do not compromise consumer
safety. In fact, since they have grown in popularity, there have not
been any significant increase in bike collisions, trail user conflicts,
safety complaints or litigation.

Currently, New York State's Vehicle and Traffic Laws do not address the
legal status of electric assisted. bicycles. This has led to much
confusion throughout New York. For instance, the New York State Depart-
ment of Motor Vehicles (D51V) do not recognize electric assisted bicy-
cles as motorized vehicles, and as such, has declined to require owners
of pedal assist bicycles, to register with the DMV.(1) Similarly, in
NYC, electric assisted bicycles cannot be construed as anything else but
bicycles. Under the Administrative Code, the definition of a bicycle
used for commercial use includes "any motor-assisted device that is not
capable of being registered by the New York state department of motor
vehicles"(2). And while such language is absent from the definition of
bicycle in section 19-176, which prohibits the operation of bicycles on
sidewalks, section 19-176.2, which prohibits motorized scooters from
being operated in the City, excludes electric assisted bicycles in its
definition by limiting such scooters to those only "capable of propel-
ling ... without human power."

Clarifying the legality of opting electric assisted bicycles would bring
increased business to local bicycle shops and bicycle manufacturers in
New York. In fact, 1 in 5 bikes sold in Germany and 1 and 3 sold bikes
in the Netherlands, are electric bicycles.  Comparatively, in the United
States, 1 of every 100 bicycles are electric bicycles. This should
change with the legalization of electric bicycles in states like Cali-
fornia, Colorado, Tennessee, and Utah.

 
PRIOR LEGISLATIVE HISTORY:

2018 - S6029C

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This bill will take effect 180 days after it shall have become law.

S1591 (ACTIVE) - Bill Text download pdf


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

                                  1591

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 15, 2019
                               ___________

Introduced  by  Sens.  O'MARA,  BENJAMIN, BROOKS, CARLUCCI, RANZENHOFER,
  SEPULVEDA, TEDISCO -- read twice and ordered printed, and when printed
  to be committed to the Committee on Transportation

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
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.

                                                           LBD05810-01-9

S. 1591                             2

  § 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.

S. 1591                             3

  § 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  TWEN-
TY-ONE,  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,
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-

S. 1591                             4

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.
  (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

S. 1591                             5

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.
  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)

S. 1591                             6

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
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.

S. 1591                             7

  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
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.

S. 1591                             8

  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,
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-

S. 1591                             9

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.

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senate Bill S1591

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senate Bill S1591

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