STATE OF NEW YORK
________________________________________________________________________
6681
2023-2024 Regular Sessions
IN ASSEMBLY
April 28, 2023
___________
Introduced by M. of A. SIMON -- 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 206 of the laws of
21 2020, 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.
LBD09735-01-3
A. 6681 2
1 § 4. Section 1225-a of the vehicle and traffic law, as added by chap-
2 ter 222 of the laws of 1974, is amended to read as follows:
3 § 1225-a. Driving on sidewalks. No person shall drive a motor vehicle
4 or bicycle with electric assist on or across a sidewalk, except that a
5 vehicle or bicycle with electric assist may be driven at a reasonable
6 speed, but not more than five miles per hour, on or across a sidewalk in
7 such manner as not to interfere with the safety and passage of pedestri-
8 ans thereon, who shall have the right of way, when it is reasonable and
9 necessary:
10 (a) to gain access to a public highway, private way or lands or build-
11 ings adjacent to such highway or way;
12 (b) in the conduct of work upon a highway, or upon a private way or
13 lands or buildings adjacent to such highway or way[,]; or
14 (c) to plow snow or perform any other public service, for hire, or
15 otherwise, which could not otherwise be reasonably and properly
16 performed.
17 § 5. This act shall take effect immediately.