S T A T E O F N E W Y O R K
________________________________________________________________________
6748--B
2021-2022 Regular Sessions
I N A S S E M B L Y
March 29, 2021
___________
Introduced by M. of A. JACKSON, GALLAGHER, LAVINE, BURGOS -- read once
and referred to the Committee on Transportation -- 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, in relation to cargo bicy-
cles with electric assist
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 102-c of the vehicle and traffic law, as added by
section 1 of part XX of chapter 58 of the laws of 2020, is amended to
read as follows:
§ 102-c. Bicycle with electric assist. A bicycle which is no more than
thirty-six inches wide and has an electric motor of less than seven
hundred fifty watts, equipped with operable pedals, meeting the equip-
ment and manufacturing requirements for bicycles adopted by the Consumer
Product Safety Commission under 16 C.F.R. Part 1512.1 et seq., EXCEPT
THAT THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW,
ORDINANCE, ORDER, RULE, OR REGULATION ALLOW A BICYCLE WITH ELECTRIC
ASSIST WHICH IS EQUIPPED WITH OPERABLE PEDALS AND NO MORE THAN FORTY-
EIGHT INCHES WIDE OR HAS AN ELECTRIC MOTOR OF EQUAL TO OR MORE THAN
SEVEN HUNDRED FIFTY WATTS THAT IS MANUFACTURED OR MODIFIED FOR THE
PURPOSE OF TRANSPORTING PROPERTY IN COMMERCE AND OPERATED FOR THAT
PURPOSE AND MEETS THE EQUIPMENT AND MANUFACTURING REQUIREMENTS FOR BICY-
CLES ADOPTED BY THE CONSUMER PRODUCT SAFETY COMMISSION UNDER 16 C.F.R.
PART 1512.1 ET SEQ., and meeting the requirements of one of the follow-
ing [three] FOUR classes:
(a) "Class one bicycle with electric assist." A bicycle with electric
assist having an electric motor that provides assistance only when the
person operating such bicycle is pedaling, and that ceases to provide
assistance when such bicycle reaches a speed of twenty miles per hour.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06605-05-1
A. 6748--B 2
(b) "Class two bicycle with electric assist." A bicycle with electric
assist having an electric motor that may be used exclusively to propel
such bicycle, and that is not capable of providing assistance when such
bicycle reaches a speed of twenty miles per hour.
(c) "Class three bicycle with electric assist." Solely within a city
having a population of one million or more, a bicycle with electric
assist having an electric motor that may be used exclusively to propel
such bicycle, and that is not capable of providing assistance when such
bicycle reaches a speed of twenty-five miles per hour.
(D) "CARGO BICYCLE WITH ELECTRIC ASSIST." A BICYCLE DESIGNED TO CARRY
AND DELIVER MORE THAN TEN CUBIC FEET OF PROPERTY, OR A BICYCLE TOWING A
TRAILER DESIGNED TO CARRY PROPERTY, WITH ELECTRIC ASSIST HAVING AN ELEC-
TRIC MOTOR THAT PROVIDES ASSISTANCE ONLY WHEN THE PERSON OPERATING SUCH
BICYCLE IS PEDALING OR THAT MAY BE USED EXCLUSIVELY TO PROPEL SUCH BICY-
CLE, THAT IS MANUFACTURED OR MODIFIED FOR THE PURPOSE OF TRANSPORTING
PROPERTY IN COMMERCE AND OPERATED FOR SUCH PURPOSE. EVERY PERSON RIDING
A CARGO BICYCLE WITH ELECTRIC ASSIST 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 AND THE RIDER OF A BICYCLE 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.
§ 2. Subdivisions 4 and 9 of section 1242 of the vehicle and traffic
law, as added by section 8 of part XX of chapter 58 of the laws of 2020,
are amended and a new subdivision 11-a is added to read as follows:
4. (a) No person shall operate a bicycle with electric assist on any
public lands or property, other than a highway exclusive of any greenway
running adjacent to or connected with a highway, except that a bicycle
with electric assist may be operated on any such lands that have been
designated and posted for travel by bicycles with electric assist in
accordance with the provisions of paragraph (b) of this subdivision. For
the purposes of this subdivision, the term "greenway" shall have the
same meaning as such term is defined by subdivision seven of section
44-0103 of the environmental conservation law and subdivision one of
section 39.03 of the parks, recreation and historic preservation law.
(b) A state agency, by regulation or order, and a city, town or
village, by local law or ordinance, may designate any appropriate public
lands and properties under its jurisdiction, other than highways exclu-
sive of any greenway running adjacent to or connected with a highway, as
a place open for travel by bicycles with electric assist upon written
request for such designation by any person, and may impose restrictions
and conditions for the regulation and safe operation of bicycles with
electric assist on such public lands or property, such as travel on
designated trails and hours of operation.
(C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION, NO PERSON SHALL OPERATE A CARGO BICYCLE WITH ELECTRIC
ASSIST ON ANY PUBLIC LANDS OR PROPERTY, OTHER THAN A HIGHWAY EXCLUSIVE
OF ANY GREENWAY OR PARK ROADWAY RUNNING ADJACENT TO OR CONNECTED WITH A
HIGHWAY.
9. No person shall operate a class one or class two bicycle with elec-
tric assist in excess of twenty miles per hour. No person shall operate
a class three bicycle with electric assist in excess of twenty-five
miles per hour. NO PERSON SHALL OPERATE A CARGO BICYCLE WITH ELECTRIC
ASSIST IN EXCESS OF TWELVE MILES PER HOUR UNLESS OTHERWISE AUTHORIZED BY
LOCAL LAW, ORDINANCE, ORDER, RULE, OR REGULATION OR PURSUANT TO AN
AGREEMENT MADE ON BEHALF OF A CITY, TOWN, OR VILLAGE.
A. 6748--B 3
11-A. NO PERSON SHALL OPERATE A CARGO BICYCLE WITH ELECTRIC ASSIST
UNLESS IT IS ACCOMPANIED BY PROOF OF FINANCIAL SECURITY UNLESS OTHERWISE
AUTHORIZED BY LOCAL LAW, ORDINANCE, ORDER, RULE, OR REGULATION OR PURSU-
ANT TO AN AGREEMENT MADE ON BEHALF OF THE CITY, TOWN, OR VILLAGE.
§ 3. This act shall take effect immediately.