Assembly Bill A8310B

2023-2024 Legislative Session

Relates to the sale of bicycles with electric assist and micromobility devices

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

2023-A8310 - Details

See Senate Version of this Bill:
S7744
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §391-cc, Gen Bus L

2023-A8310 - Summary

Requires retailers to affix a notice on any bicycles with electric assist and micromobility devices which states that you cannot use such device on sidewalks or on highways with speed limits over 30 MPH, except where allowed by local law; authorizes the department of state to promulgate necessary rules and regulations; imposes fines for violations thereof; makes related provisions.

2023-A8310 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8310
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to the sale of
   bicycles and scooters with electric assist and/or bicycles and  scoot-
   ers that are electric powered

   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
 391-cc to read as follows:
   § 391-CC. SALE OF BICYCLES AND SCOOTERS WITH  ELECTRIC  ASSIST  AND/OR
 BICYCLES  AND  SCOOTERS  THAT ARE ELECTRIC POWERED.   1. NO MANUFACTURER
 SHALL SELL OR OFFER FOR SALE ANY BICYCLES WITH  ELECTRIC  ASSIST  AND/OR
 ARE  ELECTRIC  POWERED OR LITHIUM-ION ELECTRIC BATTERIES OR ANY SCOOTERS
 WITH ELECTRIC ASSIST AND/OR ARE ELECTRIC POWERED OR LITHIUM-ION ELECTRIC
 BATTERIES TO ANY FIRM, CORPORATION, OR PERSON WITHOUT SUPPLYING A NOTICE
 TO BE AFFIXED TO SUCH BICYCLE OR SCOOTER WITH ELECTRIC ASSIST AND/OR ARE
 ELECTRIC POWERED BY THE RETAILER OR CUSTOMER. SUCH NOTICE SHALL HAVE  AN
 ADHESIVE  BACKING,  BE  MADE  FROM  COMMON MATERIALS USED TO AFFIX OTHER
 COMPARABLE NOTICES OR STICKERS TO VEHICLES AND BE PRINTED IN ENGLISH AND
 THE TWO MOST COMMON NON-ENGLISH LANGUAGES SPOKEN IN THE STATE, BASED  ON
 THE  DATA  IN THE MOST RECENT AMERICAN COMMUNITY SURVEY PUBLISHED BY THE
 UNITED STATES CENSUS BUREAU. IN ADDITION TO SUPPLYING  ONE  SUCH  NOTICE
 WITH  EACH  BICYCLE  OR SCOOTER WITH ELECTRIC ASSIST AND/OR ARE ELECTRIC
 POWERED, SUCH NOTICES SHALL ALSO BE MADE  AVAILABLE  TO  ANY  PURCHASING
 FIRM, CORPORATION, OR PERSON UPON REQUEST BY THE DEPARTMENT OF TRANSPOR-
 TATION.  SUCH NOTICE SHALL READ:
   "NOTICE: IN NEW YORK STATE, YOU CANNOT USE THIS DEVICE ON SIDEWALKS OR
 ON  HIGHWAYS  WITH  SPEED  LIMITS  OVER 30 MPH UNLESS THERE IS A SIGN OR
 PUBLIC NOTICE ALLOWING IT. ALWAYS YIELD TO PEDESTRIANS AND FOLLOW  TRAF-
 FIC  RULES.   ADDITIONAL RULES MAY APPLY DEPENDING ON THE CITY, TOWN, OR
 VILLAGE."
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13355-02-3

2023-A8310A - Details

See Senate Version of this Bill:
S7744
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §391-cc, Gen Bus L

2023-A8310A - Summary

Requires retailers to affix a notice on any bicycles with electric assist and micromobility devices which states that you cannot use such device on sidewalks or on highways with speed limits over 30 MPH, except where allowed by local law; authorizes the department of state to promulgate necessary rules and regulations; imposes fines for violations thereof; makes related provisions.

2023-A8310A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8310--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred to the Committee
   on  Consumer Affairs and Protection -- recommitted to the Committee on
   Consumer Affairs and Protection in accordance with  Assembly  Rule  3,
   sec.  2  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the general business law, in relation  to  the  sale  of
   bicycles  and scooters with electric assist and/or bicycles and scoot-
   ers that are electric powered
 
   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
 391-cc to read as follows:
   §  391-CC.  SALE  OF BICYCLES AND SCOOTERS WITH ELECTRIC ASSIST AND/OR
 BICYCLES AND SCOOTERS THAT ARE ELECTRIC POWERED.  1. NO  RETAILER  SHALL
 SELL  OR  OFFER  FOR  SALE  ANY BICYCLES WITH ELECTRIC ASSIST AND/OR ARE
 ELECTRIC POWERED OR LITHIUM-ION ELECTRIC BATTERIES OR ANY SCOOTERS  WITH
 ELECTRIC  ASSIST  AND/OR  ARE  ELECTRIC  POWERED OR LITHIUM-ION ELECTRIC
 BATTERIES TO ANY FIRM, CORPORATION, OR PERSON WITHOUT SUPPLYING A NOTICE
 TO BE AFFIXED TO SUCH BICYCLE OR SCOOTER WITH ELECTRIC ASSIST AND/OR ARE
 ELECTRIC POWERED BY THE RETAILER. SUCH NOTICE  SHALL  HAVE  AN  ADHESIVE
 BACKING,  BE  MADE  FROM COMMON MATERIALS USED TO AFFIX OTHER COMPARABLE
 NOTICES OR STICKERS TO VEHICLES AND BE PRINTED IN ENGLISH  AND  THE  TWO
 MOST COMMON NON-ENGLISH LANGUAGES SPOKEN IN THE STATE, BASED ON THE DATA
 IN  THE  MOST  RECENT  AMERICAN COMMUNITY SURVEY PUBLISHED BY THE UNITED
 STATES CENSUS BUREAU. IN ADDITION TO SUPPLYING ONE SUCH NOTICE WITH EACH
 BICYCLE OR SCOOTER WITH ELECTRIC ASSIST  AND/OR  ARE  ELECTRIC  POWERED,
 SUCH NOTICES SHALL ALSO BE MADE AVAILABLE TO ANY PURCHASING FIRM, CORPO-
 RATION,  OR  PERSON  UPON  REQUEST  BY THE DEPARTMENT OF MOTOR VEHICLES.
 SUCH NOTICE SHALL READ:
   "NOTICE: IN NEW YORK STATE, YOU CANNOT USE THIS DEVICE ON SIDEWALKS OR
 ON HIGHWAYS WITH SPEED LIMITS OVER 30 MPH UNLESS  THERE  IS  A  SIGN  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13355-06-4

co-Sponsors

2023-A8310B (ACTIVE) - Details

See Senate Version of this Bill:
S7744
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §391-cc, Gen Bus L

2023-A8310B (ACTIVE) - Summary

Requires retailers to affix a notice on any bicycles with electric assist and micromobility devices which states that you cannot use such device on sidewalks or on highways with speed limits over 30 MPH, except where allowed by local law; authorizes the department of state to promulgate necessary rules and regulations; imposes fines for violations thereof; makes related provisions.

2023-A8310B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8310--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred to the Committee
   on  Consumer Affairs and Protection -- recommitted to the Committee on
   Consumer Affairs and Protection in accordance with  Assembly  Rule  3,
   sec.  2  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee
 
 AN ACT to amend the general business law, in relation  to  the  sale  of
   bicycles with electric assist and micromobility devices
 
   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
 391-cc to read as follows:
   § 391-CC. SALE OF BICYCLES  WITH  ELECTRIC  ASSIST  AND  MICROMOBILITY
 DEVICES.  1.  AS USED IN THIS SECTION, "MICROMOBILITY DEVICE" SHALL MEAN
 AN  ELECTRIC SCOOTER AS DEFINED IN SECTION ONE HUNDRED FOURTEEN-E OF THE
 VEHICLE AND TRAFFIC  LAW,  AN  ELECTRICAL  PERSONAL  ASSISTIVE  MOBILITY
 DEVICE  AS  DEFINED IN SECTION ONE HUNDRED FOURTEEN-D OF THE VEHICLE AND
 TRAFFIC LAW, OR OTHER PERSONAL MOBILITY  DEVICE  THAT  HAS  AN  ELECTRIC
 MOTOR.  THE  TERM  MICROMOBILITY  DEVICE SHALL NOT INCLUDE BICYCLES WITH
 ELECTRIC ASSIST AS DEFINED BY SECTION ONE HUNDRED TWO-C OF  THE  VEHICLE
 AND  TRAFFIC  LAW,  LIMITED  USE  MOTORCYCLES  AS DEFINED IN SECTION ONE
 HUNDRED TWENTY-ONE-B OF THE VEHICLE  AND  TRAFFIC  LAW,  WHEELCHAIRS  OR
 OTHER  ELECTRICALLY  DRIVEN  MOBILITY  ASSISTANCE  DEVICES AS DEFINED IN
 SECTION ONE HUNDRED THIRTY-A OF THE VEHICLE  AND  TRAFFIC  LAW,  OR  ANY
 VEHICLE THAT IS CAPABLE OF BEING REGISTERED WITH THE DEPARTMENT OF MOTOR
 VEHICLES.
   2.  NO  PERSON,  FIRM,  PARTNERSHIP, ASSOCIATION, OR CORPORATION SHALL
 SELL OR OFFER FOR SALE AT RETAIL ANY BICYCLE  WITH  ELECTRIC  ASSIST  AS
 DEFINED  BY  SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW OR
 MICROMOBILITY DEVICE TO ANY PERSON, FIRM, PARTNERSHIP,  ASSOCIATION,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13355-07-4

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