Senate Bill S8909

                                 
BILL NUMBER: S8909

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to authorizing
law enforcement to seize class three bicycles with an electric assist
when such bicycles are found outside a city having a population of one
million or more

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill authorizes peace officers to seize certain e-bikes which are
being operated outside the city of New York.

 
SUMMARY OF PROVISIONS:

Section 1: Any peace officer shall be authorized to seize a class three
bicycle with electric assist if such bicycle is operated outside a city
with a population of one million or more. Further, such peace officer
shall transport the class three bicycle with electric assist to such
officer's local station or a secure municipal impound facility whichever
              

is closest.

Section 2: A violation shall result in a civil fine not to exceed fifty
dollars and an administrative fee of two hundred fifty dollars for the
first offense, five hundred dollars for the second offense, and seven
hundred fifty dollars for the third offense and every subsequent
offense. A person shall not have the class 3 bicycle with electric
assist returned to them until such civil fine and administrative fee is
paid.

Section 3: This act shall take effect immediately.

 
JUSTIFICATION:

Class 3 e-bikes can reach speeds of up to 28 mph, creating risks compa-
rable to mopeds but without the same licensing or insurance require-
ments. In 2020, the state legislature restricted the use of Class 3
e-bikes to cities with populations of one million or more, recognizing
that only large municipalities have the infrastructure and enforcement
capacity to manage them safely.

When riders of electric bicycles (e-bikes) in New York State ignore or
violate state and local traffic laws, such as riding on sidewalks,
running red lights, exceeding speed limits, failing to use designated
bike lanes, or riding without proper helmets and lights, they signif-
icantly increase the risk of harm to themselves and others.  Because
e-bikes can travel much faster than traditional bicycles, failure to
follow the rules of the road has led to serious injuries and fatalities
in collisions involving cars, pedestrians, and fixed objects. In New
York City, delivery riders and other e-bike users have been linked to
hundreds of injuries and dozens of deaths. According to the New York
City Department of Transportation, e-bikes accounted for 75 percent of
bicycle-related fatalities in 2023 and were responsible for more than
7,200 injuries, including nearly 500 injuries to pedestrians.

However, outside of New York City, peace officers currently lack clear
authority to seize or impound Class 3 e-bikes operated unlawfully. As a
result, violations often go unchecked, and local law enforcement agen-
cies are unable to meaningfully deter unsafe or illegal use. This legis-
lation closes that enforcement gap by authorizing peace officers to
impound Class 3 e-bikes being operated unlawfully outside of New York
City. It also establishes increased fines and fees for repeat violations
to deter noncompliance and ensure that the cost of unsafe operation
outweighs the benefit of ignoring the law.

The intent of this legislation is not to prohibit the lawful use of
e-bikes, but to ensure that Class 3 e-bikes are operated safely, respon-
sibly, and in accordance with existing state law. By providing clear
enforcement authority and consistent penalties, this measure will
improve public safety, support law enforcement, and promote safer
streets throughout New York State.

 
PRIOR LEGISLATIVE HISTORY:

2025: New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately