Assembly Bill A9213

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9213
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 3, 2025
                                ___________
 
 Introduced by M. of A. CONRAD -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
   operators of bicycles with electric  assist,  electric  scooters,  and
   motor-driven cycles wear protective head gear

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5-c of section 1238 of the vehicle and  traffic
 law, as added by section 5 of part XX of chapter 58 of the laws of 2020,
 is amended to read as follows:
   5-c.  No  person shall ride upon, propel or otherwise operate a [class
 three] bicycle with electric assist 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  properly
 fitting helmet fixed securely on the head of such wearer with the helmet
 straps securely fastened.
   §  2. Subdivision 1 of section 1286 of the vehicle and traffic law, as
 added by section 10 of part XX of chapter 58 of the  laws  of  2020,  is
 amended to read as follows:
   1.  No  person  [sixteen  or  seventeen years of age] shall ride upon,
 propel or otherwise operate an electric scooter unless  such  person  is
 wearing  a  helmet  meeting  standards  established  by the commissioner
 pursuant to the  provisions  of  subdivision  two-a  of  section  twelve
 hundred  thirty-eight of this title.  As used in this subdivision, wear-
 ing a helmet means having a properly fitting helmet  fixed  securely  on
 the head of such wearer with the helmet straps securely fastened.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 123-a to read as follows:
   § 123-A. MOTOR-DRIVEN CYCLE. EVERY MOTOR VEHICLE HAVING:
   (A) A SEAT OR SADDLE FOR THE USE OF THE OPERATOR;
   (B) TWO OR THREE WHEELS IN CONTACT WITH THE GROUND;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13926-01-5
              

 A. 9213                             2
 
   (C) AN INTERNAL COMBUSTION ENGINE, OR ELECTRIC, SOLAR OR HYBRID  MOTOR
 WHICH  WILL  PROPEL THE VEHICLE UNASSISTED AT A MAXIMUM SPEED NO GREATER
 THAN THIRTY MILES PER HOUR. IF SUCH VEHICLE IS EQUIPPED WITH AN INTERNAL
 COMBUSTION ENGINE, SUCH ENGINE'S PISTON OR ROTOR DISPLACEMENT SHALL  NOT
 EXCEED  FIFTY CUBIC CENTIMETERS. A MOTOR-DRIVEN CYCLE SHALL BE A LIMITED
 USE MOTORCYCLE OR MOTORCYCLE WHEN OPERATED AT SPEEDS IN EXCESS OF THIRTY
 MILES PER HOUR AND THE OPERATOR SHALL BE REQUIRED TO HAVE IN SUCH OPERA-
 TOR'S POSSESSION A VALID CLASS D, DJ, M OR MJ LICENSE, AS THE  CASE  MAY
 BE; AND
   (D)  A DIRECT OR AUTOMATIC POWER DRIVE SYSTEM WHICH REQUIRES NO CLUTCH
 OR GEAR SHIFT OPERATION BY  THE  OPERATOR  AFTER  THE  DRIVE  SYSTEM  IS
 ENGAGED WITH THE ENGINE OR MOTOR.
   § 4. The article heading of article 34 of the vehicle and traffic law,
 as  amended  by  chapter  694  of the laws of 1995, is amended and a new
 section 1244 is added to read as follows:
                OPERATION OF BICYCLES [AND], PLAY DEVICES AND
                            MOTOR-DRIVEN CYCLES
   § 1244. MOTOR-DRIVEN CYCLE OPERATORS TO WEAR PROTECTIVE  HEADGEAR.  NO
 PERSON SHALL RIDE UPON, PROPEL OR OTHERWISE OPERATE A MOTOR-DRIVEN CYCLE
 UNLESS  SUCH PERSON IS WEARING A HELMET MEETING STANDARDS ESTABLISHED BY
 THE COMMISSIONER. FOR THE PURPOSES OF THIS  SECTION,  WEARING  A  HELMET
 MEANS  HAVING  A  PROPERLY  FITTING HELMET FIXED SECURELY ON THE HEAD OF
 SUCH WEARER WITH THE HELMET STRAPS SECURELY FASTENED.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.