Bill Text: NY A08145 | 2023-2024 | General Assembly | Introduced


Bill Title: Enacts the "responsible implementation of e-bike regulations for safe cycling (RIDERS) act; defines "electric skateboard" and "electric personal mobility device"; requires the registration of all electric personal mobility devices, including, but not limited to, bicycles with electric assist, electric scooters and electric skateboards; makes related provisions.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2024-05-21 - held for consideration in transportation [A08145 Detail]

Download: New_York-2023-A08145-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8145

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 13, 2023
                                       ___________

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

        AN ACT to amend the vehicle and traffic law, in relation to enacting the
          "responsible implementation of e-bike  regulations  for  safe  cycling
          (RIDERS)  act";  and  to  repeal certain provisions of the vehicle and
          traffic law, relating to motor-assisted vehicles

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

     1    Section  1.  Short  title. This act may be known and shall be cited as
     2  the "responsible implementation of e-bike regulations for  safe  cycling
     3  (RIDERS) act."
     4    § 2. The vehicle and traffic law is amended by adding two new sections
     5  114-f and 114-g to read as follows:
     6    §  114-f.  Electric  skateboard.  Every  device weighing less than one
     7  hundred pounds that:
     8    (a) may have handlebars, a floorboard designed to be stood upon by the
     9  operator that is no more than sixty  inches  long  and  eighteen  inches
    10  wide, and an electric motor;
    11    (b) can be powered by an electric motor and/or human power;
    12    (c) is designed to transport only one person at a time; and
    13    (d)  has a maximum speed of no more than twenty-five miles per hour on
    14  a paved level surface when powered solely by the electric motor.
    15    § 114-g. Electric personal mobility device. Such device shall include,
    16  but not be limited to, an electric bicycle with  assist  as  defined  in
    17  section  one  hundred two-c of this article, electric scooter as defined
    18  in section one hundred fourteen-e of this article and an electric skate-
    19  board as defined in section one hundred fourteen-f of this article.
    20    § 3. Subdivision (c) of section 102-c of the vehicle and traffic  law,
    21  as  added  by section 1 of part XX of chapter 58 of the laws of 2020, is
    22  amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13340-02-3

        A. 8145                             2

     1    (c) "Class three bicycle with electric assist." [Solely within a  city
     2  having  a  population of one million or more, a] A bicycle with electric
     3  assist having an electric motor that may be used exclusively  to  propel
     4  such  bicycle, and that is not capable of providing assistance when such
     5  bicycle reaches a speed of twenty-five miles per hour.
     6    § 4. Section 2268 of the vehicle and traffic law is REPEALED.
     7    §  5.  The  vehicle and traffic law is amended by adding a new article
     8  15-B to read as follows:
     9                                ARTICLE 15-B
    10             REGISTRATION OF ELECTRIC PERSONAL MOBILITY DEVICES
    11  Section 414-a. Registration of electric personal mobility devices.
    12    § 414-a. Registration of electric personal mobility devices.  1.    No
    13  electric  personal  mobility  device  shall  be operated and driven upon
    14  public highways of this state without first being  registered  with  the
    15  provisions  of  this  section, except as otherwise expressly provided in
    16  this chapter. The commissioner is directed to create a new  registration
    17  category  and  process  for  electric  personal mobility devices.   Such
    18  registration category shall apply to  all  types  of  electric  personal
    19  mobility  devices, including, but not limited to, bicycles with electric
    20  assist, electric scooters, and electric skateboards provided  that  such
    21  devices  have  the ability to meet or exceed a speed of twenty miles per
    22  hour while using motorized power. The commissioner shall also  have  the
    23  authority  to add additional types of electric personal mobility devices
    24  to the list of authorized devices required to  be  registered,  insured,
    25  and only operated by a licensed operator.
    26    2.  The  commissioner is directed to coordinate with electric personal
    27  mobility device manufacturers to  develop  a  unique  identifier  to  be
    28  permanently  affixed in plain view on such devices before purchase. Such
    29  devices purchased or manufactured before  the  effective  date  of  this
    30  section  shall  not  require a unique identifier. Owners of such devices
    31  shall be liable under the specific provisions of  this  law,  including,
    32  but not limited to, licensure and registration of such devices.
    33    3.  The  violation  of  any of the provisions of this section shall be
    34  punishable by a fine of not less than fifty nor more than three  hundred
    35  seventy-five dollars, and confiscation of such electric personal mobili-
    36  ty  device  for  a  period of thirty days, provided, however that in the
    37  event of confiscation, the licensee or a parent or guardian of the oper-
    38  ator of such device shall have thirty days after repossession to  obtain
    39  proper  registration  and/or  licensure  of  the device. In the event of
    40  failure to obtain proper registration and/or  licensure  of  the  device
    41  within thirty days, the department may suspend the operator's license to
    42  operate  such  device  and/or  confiscate the device until the owner can
    43  furnish proof of proper registration and licensure.
    44    4. (a) No person under the age of sixteen shall  operate  an  electric
    45  personal  mobility  device, as defined in section one hundred fourteen-g
    46  of this chapter. Any person under the  age  of  sixteen  may  sit  as  a
    47  passenger  on a class two or class three bicycle with electric assist as
    48  defined in section one hundred two-c  of  this  chapter,  provided  such
    49  bicycle is equipped or designed to carry a passenger.
    50    (b)  No  person  shall  operate  or  sit as a passenger on an electric
    51  personal mobility device, unless such person is wearing protective head-
    52  gear that conforms to the minimum specifications established for bicycle
    53  helmets by the United States Consumer Product Safety Commission  or  the
    54  American Society for Testing and Materials.
    55    5.  An electric personal mobility device may be ridden in places where
    56  bicycles are allowed, including, but not limited to, streets,  roadways,

        A. 8145                             3

     1  highways,  shoulders,  bicycle  lanes,  and  bicycle or multi-use paths.
     2  Following notice and at least one  public  hearing,  a  county,  munici-
     3  pality,  or  other political subdivision of the state that has jurisdic-
     4  tion  over  a  bicycle  or  multi-use path may prohibit the operation of
     5  electric personal mobility devices on bicycle or multi-use paths  if  it
     6  is found that the prohibition is needed for safety reasons or compliance
     7  with local laws or ordinances.
     8    6.  (a)  The commissioner shall submit on or before January first, two
     9  thousand twenty-five, and annually thereafter, an annual report  to  the
    10  governor,  the  speaker  of the assembly, the temporary president of the
    11  senate, the minority leader of the senate, and the  minority  leader  of
    12  the  assembly on the number of electric personal mobility devices regis-
    13  tered, annual data on any violations of this law by unlicensed or unreg-
    14  istered operation, number of criminal citations issued related  to  such
    15  electric  personal  mobility  devices and revenues collected pursuant to
    16  this section.
    17    (b) Such report shall include, but not be limited to,  recommendations
    18  on  how to improve the effectiveness of this section for the purposes of
    19  increased user and pedestrian safety, as well as recommendations on  the
    20  issue of fire safety and maintenance.
    21    § 6. This act shall take effect on the one hundred twentieth day after
    22  it shall have become a law.
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