Bill Text: NY A02444 | 2021-2022 | General Assembly | Introduced

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Bill Title: Defines bicycles with electric assist; establishes regulations for such bicycles.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - referred to transportation [A02444 Detail]

Download: New_York-2021-A02444-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2444

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 19, 2021
                                       ___________

        Introduced  by  M.  of  A.  NIOU,  KIM  -- read once and referred to the
          Committee on Transportation

        AN ACT to amend the vehicle and traffic law,  in  relation  to  bicycles
          with electric assist

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 102 of the vehicle and traffic law, as  amended  by
     2  chapter 931 of the laws of 1977, is amended to read as follows:
     3    § 102. Bicycle.  Every two or three wheeled device upon which a person
     4  or persons may ride, propelled by human power through a belt, a chain or
     5  gears, with such wheels in a tandem or tricycle, except  that  it  shall
     6  not  include  such a device having solid tires and intended for use only
     7  on a sidewalk by pre-teenage children. A bicycle includes a bicycle with
     8  electric assist as defined in section one hundred two-c of this article,
     9  provided that nothing in this article is intended to affect the  ability
    10  of  a  local authority to promulgate rules and regulations governing the
    11  operation of bicycles with electric assist.
    12    § 2. Section 159 of the vehicle and traffic law is amended to read  as
    13  follows:
    14    § 159. Vehicle. Every device in, upon, or by which any person or prop-
    15  erty  is  or  may be transported or drawn upon a highway, except devices
    16  moved by human power  or  used  exclusively  upon  stationary  rails  or
    17  tracks,  and  bicycles  with  electric  assist as defined in section one
    18  hundred two-c of this article.
    19    § 3. Subparagraph b of paragraph 1 of subdivision (a) of section  1202
    20  of the vehicle and traffic law, as amended by chapter 679 of the laws of
    21  1970, is amended to read as follows:
    22    b.  On  a  sidewalk, except that a bicycle may park on a sidewalk in a
    23  manner complying with the Americans with disabilities act, provided that
    24  such bicycle does not interfere with the normal and reasonable  movement
    25  of pedestrian traffic;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04919-01-1
        A. 2444                             2

     1    §  4. Subparagraph b of paragraph 1 of subdivision (a) of section 1202
     2  of the vehicle and traffic law, as amended by chapter 206 of the laws of
     3  2020, is amended to read as follows:
     4    b.  On  a  sidewalk, except that a bicycle may park on a sidewalk in a
     5  manner complying with the Americans with disabilities act, provided that
     6  such bicycle does not interfere with the normal and reasonable  movement
     7  of pedestrian traffic;
     8    §  5. Section 1225-a of the vehicle and traffic law, as added by chap-
     9  ter 222 of the laws of 1974, is amended to read as follows:
    10    § 1225-a. Driving on sidewalks. No person shall drive a motor  vehicle
    11  or  bicycle  with electric assist on or across a sidewalk, except that a
    12  vehicle or bicycle with electric assist may be driven  at  a  reasonable
    13  speed, but not more than five miles per hour, on or across a sidewalk in
    14  such manner as not to interfere with the safety and passage of pedestri-
    15  ans  thereon, who shall have the right of way, when it is reasonable and
    16  necessary:
    17    (a) to gain access to a public highway, private way or lands or build-
    18  ings adjacent to such highway or way;
    19    (b) in the conduct of work upon a highway, or upon a  private  way  or
    20  lands or buildings adjacent to such highway or way[,]; or
    21    (c)  to  plow  snow  or perform any other public service, for hire, or
    22  otherwise,  which  could  not  otherwise  be  reasonably  and   properly
    23  performed.
    24    §  6.  This act shall take effect immediately; provided, however, that
    25  section four of this act shall take effect on the same date and  in  the
    26  same manner as chapter 206 of the laws of 2020, takes effect.