Senate Bill S9361

2025-2026 Legislative Session

Requires operators of bicycles with electric assist, electric scooters, and motor-driven cycles to wear protective head gear

download bill text pdf

Current Bill Status - On Floor Calendar

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 21, 2026	1st report cal.785
Mar 05, 2026	referred to transportation

Votes

- Apr 21, 2026 - Transportation Committee Vote
  S9361
  
  Aye
  
  11
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Transportation Committee Vote: Apr 21, 2026
      
      aye (11)
      
      Bynoe
      
      Cooney
      
      Fernandez
      
      Harckham
      
      Hinchey
      
      Liu
      
      Martinez
      
      Mattera
      
      Oberacker
      
      Persaud
      
      Ramos
      
      aye wr (2)
      
      Gallivan
      
      Griffo

2025-S9361 (ACTIVE) - Details

See Assembly Version of this Bill:: A9213
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1238 & 1286, Art 34 Art Head, add §§123-a & 1244, V & T L

2025-S9361 (ACTIVE) - Summary

Requires operators of bicycles with electric assist, electric scooters, and motor-driven cycles to wear protective head gear regardless of age.

2025-S9361 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9361

SPONSOR: ZELLNER
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Given the exponential growth in e-bike, e-scooter, and motor-driven
cycle use across the state, it is time to raise the safety requirements
from a state recommendation to a state requirement for riders to wear
safety helmets. This bill also clarifies the working definition and
license requirements of motor-driven cycles in NYS.

 
SUMMARY OF PROVISIONS:

Amend Section 1(5c) of the state Vehicle and Traffic Law to delete the
Class 3 only requirement for wearing helmets. The new amendment states
that no person shall ride upon, propel, or otherwise operate a bicycle

with electric assist unless such person is wearing a helmet that meets
standards established by the commissioner.  Amend Section 123-a by
adding a new section that clarifies the definition of motor-driven
cycles and requires operators to have in their possession a valid class
D, DJ, M or MJ License.  Amend Section 1244 to require operators of
motor-driven cycles to wear helmets that meet the standards established
by the commissioner.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

New Legislation

 
JUSTIFICATION:

After legalization in 2020, e-bikes utilization has grown dramatically,
not just in New York City but across the state.  With this exponential
growth comes rising safety concerns. As Assembly Member Alex Bores noted
in his 2023 E-Bike Safety Analysis, the number of e-bikes in NYC alone
grew from 96,322 in 2020 to over 272,795 in 2023. Based on his analysis
the number of collision fatalities per e-bike is 19 times greater than
the number of collision fatalities per bicycle. Similar statistics are
evident across the state. New York State needs to raise the safety
threshold for all e-bike, e-scooters, and motor-driven cycle operators.
Wearing a helmet is a crucial safety measure proven to significantly
reduce the risk of serious head, brain, and facial injuries in a crash.
Statistics show that most e-bike deaths involve head injuries, making
helmets the most effective protective gear available. Extensive research
has quantified the life-saving benefits of wearing a helmet:  Reduces
head injuries: Studies have found that wearing a helmet can lower the
risk of head injury by 48%. Decreases traumatic brain injury (TBI):
Helmet use is associated with a 53% reduction in the risk of traumatic
brain injury. Prevents serious injury or death: Helmets reduce the
number of deaths or seriously injuries in a crash by 34%. Minimizes
facial injuries: Helmets can also significantly decrease the risk of
facial injuries, including fractures. This bill will amend current
recommendations to requiring all operators of e-bikes, e-scooters, and
motor-driven cycles to wear safety helmets that meet the standards set
by the commissioner. This bill also specifically identifies the charac-
teristics of motor-driven cycles and licensing requirements.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

No cost to the state.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2025-S9361 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9361
 
                             I N  S E N A T E
 
                               March 5, 2026
                                ___________
 
 Introduced  by  Sen. ZELLNER -- 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, 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;
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13926-01-5
 S. 9361                             2
 
 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.

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Senate Bill S9361

Sponsored By

Current Bill Status - On Floor Calendar

Actions

Votes

Apr 21, 2026 - Transportation Committee Vote

Transportation Committee Vote: Apr 21, 2026

2025-S9361 (ACTIVE) - Details

2025-S9361 (ACTIVE) - Summary

2025-S9361 (ACTIVE) - Sponsor Memo

2025-S9361 (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S9361

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Sponsored By

Jeremy J. Zellner

Current Bill Status - On Floor Calendar

Actions

Votes

2025-S9361 (ACTIVE) - Details

2025-S9361 (ACTIVE) - Summary

2025-S9361 (ACTIVE) - Sponsor Memo

2025-S9361 (ACTIVE) - Bill Text download pdf

Comments