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A07791 Summary:

BILL NOA07791B
 
SAME ASSAME AS S06029-B
 
SPONSORPerry
 
COSPNSRSantabarbara, Johns, Jean-Pierre, Sepulveda, Fahy, Steck, Carroll, McDonald, Thiele, Lupardo, Lifton
 
MLTSPNSR
 
Amd V & T L, generally; amd 316, Hway L; amd 180, Gen Muni L
 
Defines "electric assisted bicycles" and implements additional requirements for operating such bicycles.
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A07791 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7791B
 
SPONSOR: Perry
  TITLE OF BILL: An act to amend the vehicle and traffic law, the high- way law and the general municipal law, in relation to the regulation of electric assisted bicycles   PURPOSE OR GENERAL IDEA OF BILL: This bill clarifies the vehicle and traffic law to define electric assisted bicycles; establish that electric assisted bicycles, as defined, are bicycles, not motor vehicles; and establish safety and operation criteria for their use.   SUMMARY OF PROVISIONS: Section 1 of the bill adds a new Section 102-c to the vehicle and traf- fic law and defines electric assisted bicycle. Section 2 exempts electric assisted bicycles from the limited use motor- cycle classification. Section 3 exempts electric assisted bicycles from the motor vehicle definition. Section 4 exempts electric assisted bicycles from the vehicle defi- nition. Section 5 amends section 1230 of the vehicle and traffic law to include electric assisted bicycles. Section 6 amends section 1231 of the vehicle and traffic law to include electric assisted bicycles. Section 7 amends section 1232 of the vehicle and traffic law to include electric assisted bicycles. Section 8 adds section 1232-a to the vehicle and traffic law which creates additional requirements to ride an electric assisted bicycle. Section 9 amends section 1233 of the vehicle and traffic law to include electric assisted bicycles. Section 10 amends section 1234 of the vehicle and traffic law to include electric assisted bicycles. Section 11 amends section 1235 of the vehicle and traffic law to include electric assisted bicycles. Section 12 amends section 1236 of the vehicle and traffic law to include electric assisted bicycles. Section 13 amends section 1238 of the vehicle and traffic law to include electric assisted bicycles. Section 14 amends section 1240 of the vehicle and traffic law to rename the crime of leaving the scene of an incident involving a wheeled non- motorized means of conveyance without reporting in the second degree to leaving the scene of an incident involving a bicycle, electric assisted bicycle, in-line skate, roller skate or skate board without reporting in the second degree to include electric assisted bicycles. Section 15 amends section 1241 of the vehicle and traffic law to rename the crime of leaving the scene of an incident involving a wheeled non- motorized means of conveyance without reporting in the first degree to leaving the scene of an incident involving a bicycle, electric assisted bicycle, in-line skate, roller skate or skate board without reporting in the first degree to include electric assisted bicycles. Section 16 adds section 1242 to the vehicle and traffic law to create a violation for tampering with an electric assisted bicycle. Section 17 amends section 316 of the highway law to prevent authorities of highways, public streets, parks, parkways, driveways from restricting the use of electric assisted bicycles, but permits the city of New York to apply regulations, ordinances or rules, regulating the use of elec- tric assisted bicycles in the city of New York. Section 19 amends the general municipal law to allow governing boards of municipal corporations to adopt local laws to regulate the use of bicy- cles on the public highways, streets, avenues, walks, parks and public places within their limits. States that local laws shall not impose any charge, tax or otherwise not provide for the free use of electric assisted bicycles Section 20 provides the effective date.   JUSTIFICATION: This legislation clarifies the legal status of electric assisted bicy- cles, commonly referred to as pedal assist bikes or e-bikes. Since 2002, the federal government has recognized electric bikes as consumer products and not as motorized vehicles. Since then, sales of e-bikes have steadily increased throughout the United States. In fact, over 250,000 e-bikes were sold in 2015. Electric assisted bicycles look and work almost exactly like a "regular" bicycle, but are easier to operate with assistance from an electric motor that is activated while the rider is pedaling. The battery, which assists a rider, automatically shuts off when the rider stops pedaling and/or reaches 20 mph. Electric bicycles do not compromise consumer safety. In fact, since they have grown in popularity, there have not been any significant increase in bike collisions, trail user conflicts, safety complaints or litigation. Currently, New York State's Vehicle and Traffic Laws do not address the legal status of electric assisted bicycles. This has led to much confusion throughout New York. For instance, the New York State Depart- ment of Motor Vehicles (DMV) do not recognize electric assisted bicycles as motorized vehicles, and as such, has declined to require owners of pedal assist bicycles to register with the DMV.* Similarly, in NYC, electric assisted bicycles cannot be construed as anything else but bicycles. Under the Administrative Code, the definition of a bicycle used for commercial use includes "any motor-assisted device that is not capable of being registered by the New York state department of motor vehicles"**. And while such language is absent from the definition of bicycle in section 19-176, which prohibits the operation of bicycles on sidewalks, section 19-176.2, which prohibits motorized scooters from being operated in the City, excludes electric assisted bicycles in its definition by limiting such scooters to those only "capable of propel- ling ... without human power".*** Surprisingly, many commercial delivery workers in NYC, the vast majority of which are undocumented immigrants, have had their livelihood threat- ened through the confiscation of their electric assisted bicycles. A letter to the editor published in The NY Daily News on April 19, 2017, details the plight of NYC's commercial delivery workers.**** In upstate New York, Governor Cuomo has invested a tremendous amount of time, energy and investment in tourism. This past budget included $200 million to complete a statewide recreational trail along the Erie Canal and Hudson River that caters to cyclists of all ages. Many people view electric assisted bicycles as part of a growth industry catering to active baby boomers. In New York over the next decade or so, approxi- mately 40% of its population will reach the age of 65. Electric assisted bicycles will empower more New Yorkers to travel further distances and enable older individuals to enjoy the outdoors without use of a car. This is particularly important as the New York State Office of Parks, Recreation and Historic Preservation focuses on how to adapt its park system to an aging public.*****Perhaps this is the reason behind New York State Energy Research and Development Authority's (NYSERDA) feasibility study on an Electric Bicycle Share program released in June of 2015.****** Clarifying the legality of operating electric assisted bicycles would bring increased business to local bicycle shops and bicycle manufactur- ers in New York. In fact, 1 in 5 bikes sold in Germany and 1 and 3 sold bikes in the Netherlands, are electric bicycles. Comparatively, in the United States, 1 of every 100 bicycles are electric bicycles. This should change with the legalization of electric bicycles in states like California, Colorado, Tennessee, and Utah. New York must be next.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: 180 days after it shall have become law.
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A07791 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7791--B
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 15, 2017
                                       ___________
 
        Introduced  by  M. of A. PERRY, SANTABARBARA, JOHNS, JEAN-PIERRE -- read
          once and referred to the  Committee  on  Transportation  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- recommitted to the Committee on Transportation in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT  to  amend  the vehicle and traffic law, the highway law and the
          general municipal law, in  relation  to  the  regulation  of  electric
          assisted bicycles
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 102-c to read as follows:
     3    §  102-c.  Electric  assisted  bicycle.  A bicycle equipped with fully
     4  operable pedals and an electric motor with an output of less than  seven
     5  hundred fifty watts (one horsepower) whereby such electric motor engages
     6  only  when the operator is pedaling and disengages or ceases to function
     7  when such bicycle's brakes are applied, the operator stops pedaling,  or
     8  such bicycle achieves a speed of twenty miles per hour or more.
     9    § 2. Section 121-b of the vehicle and traffic law, as amended by chap-
    10  ter 160 of the laws of 1981, is amended to read as follows:
    11    § 121-b. Limited use motorcycle. A limited use vehicle having only two
    12  or three wheels, with a seat or saddle for the operator, except electric
    13  assisted  bicycles as defined in section one hundred two-c of this arti-
    14  cle. A limited use motorcycle having a maximum performance  speed[,]  of
    15  more  than  thirty miles per hour but not more than forty miles per hour
    16  shall be a class A limited use  motorcycle.  A  limited  use  motorcycle
    17  having  a  maximum  performance speed of more than twenty miles per hour
    18  but not more than thirty miles per hour, shall be a class B limited  use
    19  motorcycle.  A limited use motorcycle having a maximum performance speed
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11510-06-8

        A. 7791--B                          2
 
     1  of not more than twenty miles per hour shall be a class  C  limited  use
     2  motorcycle.
     3    § 3. Section 125 of the vehicle and traffic law, as amended by chapter
     4  365 of the laws of 2008, is amended to read as follows:
     5    § 125. Motor  vehicles. Every vehicle operated or driven upon a public
     6  highway which is propelled by  any  power  other  than  muscular  power,
     7  except  (a)  electrically-driven mobility assistance devices operated or
     8  driven by a person with a disability, (a-1) electric personal  assistive
     9  mobility  devices  operated  outside  a  city  with  a population of one
    10  million or more, (b) vehicles which run only upon rails or  tracks,  (c)
    11  snowmobiles as defined in article forty-seven of this chapter, [and] (d)
    12  all  terrain  vehicles  as  defined  in  article  forty-eight-B  of this
    13  chapter, and (e) electric assisted bicycles as defined  in  section  one
    14  hundred  two-c  of  this article. For the purposes of title four of this
    15  chapter, the term motor vehicle shall exclude fire and  police  vehicles
    16  other  than ambulances. For the purposes of titles four and five of this
    17  chapter the term motor vehicles shall exclude farm type tractors and all
    18  terrain type vehicles used exclusively for agricultural purposes, or for
    19  snow plowing, other than for hire, farm equipment,  including  self-pro-
    20  pelled machines used exclusively in growing, harvesting or handling farm
    21  produce,  and self-propelled caterpillar or crawler-type equipment while
    22  being operated on the contract site.
    23    § 4. Section 159 of the vehicle and traffic law is amended to read  as
    24  follows:
    25    § 159. Vehicle. Every device in, upon, or by which any person or prop-
    26  erty  is  or  may be transported or drawn upon a highway, except devices
    27  moved by human power or used exclusively upon stationary rails or tracks
    28  and electric assisted bicycles as defined in section one  hundred  two-c
    29  of this article.
    30    §  5.  Section 1230 of the vehicle and traffic law, subdivision (b) as
    31  amended by chapter 694 of the laws  of  1995,  is  amended  to  read  as
    32  follows:
    33    § 1230. Effect  of  regulations.  (a)  The parent of any child and the
    34  guardian of any ward shall not authorize or knowingly  permit  any  such
    35  child or ward to violate any of the provisions of this article.
    36    (b)  These regulations applicable to bicycles, electric assisted bicy-
    37  cles, or to in-line skates shall apply whenever a  bicycle  or  electric
    38  assisted  bicycle  is, or in-line skates are, operated upon any highway,
    39  upon private roads open to public motor vehicle  traffic  and  upon  any
    40  path  set  aside  for  the  exclusive use of bicycles, electric assisted
    41  bicycles, or in-line skates, or [both] all.
    42    § 6. Section 1231 of the vehicle and traffic law, as amended by  chap-
    43  ter 694 of the laws of 1995, is amended to read as follows:
    44    §  1231.  Traffic  laws  apply  to persons riding bicycles or electric
    45  assisted bicycles or skating or gliding on in-line skates.  Every person
    46  riding a bicycle or electric assisted bicycle or skating or  gliding  on
    47  in-line  skates  upon  a  roadway shall be granted all of the rights and
    48  shall be subject to all of the duties applicable  to  the  driver  of  a
    49  vehicle  by this title, except as to special regulations in this article
    50  and except as to those provisions of this title which  by  their  nature
    51  can have no application.
    52    § 7. Section 1232 of the vehicle and traffic law is amended to read as
    53  follows:
    54    §  1232.  Riding  on  bicycles and electric assisted bicycles.   (a) A
    55  person propelling a bicycle or electric assisted bicycle shall not  ride

        A. 7791--B                          3
 
     1  other  than upon or astride a permanent and regular seat attached there-
     2  to, nor shall he ride with his feet removed from the pedals.
     3    (b)  No  bicycle  or  electric assisted bicycle shall be used to carry
     4  more persons at one time than the number for which it  is  designed  and
     5  equipped.
     6    §  8.  The  vehicle and traffic law is amended by adding a new section
     7  1232-a to read as follows:
     8    § 1232-a. Additional requirements for operating an  electric  assisted
     9  bicycle.  (a) No person shall operate or park an electric assisted bicy-
    10  cle on any public highway or street in this  state  unless  a  label  is
    11  permanently  affixed, in a prominent location, on such person's electric
    12  assisted bicycle.  Such label shall contain the maximum speed, and motor
    13  wattage of the electric assisted bicycle, and shall be printed in  arial
    14  font in at least nine-point type.  On and after January first, two thou-
    15  sand nineteen, manufacturers and distributors of electric assisted bicy-
    16  cles  shall  apply  a  label that is permanently affixed, in a prominent
    17  location, to each electric assisted bicycle. The label shall contain the
    18  top assisted speed, and motor wattage of electric assisted bicycle,  and
    19  shall be printed in arial font in at least nine-point type.
    20    (b)  No  person  shall  knowingly  and intentionally render any label,
    21  required by subdivision (a) of this section to be affixed to an electric
    22  assisted bicycle, permanently illegible.
    23    (c) Every manufacturer of an electric assisted bicycle shall  certify,
    24  at  a  minimum,  that  it  complies with the equipment and manufacturing
    25  requirements for bicycles adopted by the United States consumer  product
    26  safety commission (16 C.F.R. 1512.1, et seq.).
    27    §  9. Subdivision 1 of section 1233 of the vehicle and traffic law, as
    28  amended by chapter 703 of the laws  of  2004,  is  amended  to  read  as
    29  follows:
    30    1.  No  person  riding  upon  any  bicycle, electric assisted bicycle,
    31  coaster, in-line skates, roller skates, skate board, sled, or toy  vehi-
    32  cle  shall  attach  the  same or himself or herself to any vehicle being
    33  operated upon a roadway.
    34    § 10. Section 1234 of the vehicle and traffic law, as amended by chap-
    35  ter 16 of the laws of 1996, is amended to read as follows:
    36    § 1234. Riding on  roadways,  shoulders,  bicycle,  electric  assisted
    37  bicycle  or  in-line skate lanes and bicycle or in-line skate paths. (a)
    38  Upon all roadways, any bicycle, electric  assisted  bicycle  or  in-line
    39  skate  shall  be driven either on a usable bicycle or in-line skate lane
    40  or, if a usable bicycle or in-line skate lane  has  not  been  provided,
    41  near  the right-hand curb or edge of the roadway or upon a usable right-
    42  hand shoulder in such a manner as to prevent undue interference with the
    43  flow of traffic except when preparing for a left turn or when reasonably
    44  necessary to avoid conditions that would  make  it  unsafe  to  continue
    45  along  near  the  right-hand  curb  or edge. Conditions to be taken into
    46  consideration include, but are not limited to, fixed or moving  objects,
    47  vehicles,  bicycles,  electric assisted bicycles, in-line skates, pedes-
    48  trians, animals, surface hazards or traffic lanes too narrow for a bicy-
    49  cle, or electric assisted bicycle or person  on  in-line  skates  and  a
    50  vehicle to travel safely side-by-side within the lane.
    51    (b)  Persons  riding bicycles or electric assisted bicycles or skating
    52  or gliding on in-line skates upon a roadway shall not ride more than two
    53  abreast.  Persons riding bicycles or electric assisted bicycles or skat-
    54  ing or gliding on in-line skates upon a  shoulder,  bicycle  or  in-line
    55  skate  lane,  or bicycle or in-line skates path, intended for the use of
    56  bicycles or in-line skates may ride two or more  abreast  if  sufficient

        A. 7791--B                          4
 
     1  space  is  available, except that when passing a vehicle, bicycle, elec-
     2  tric assisted bicycle or person on in-line skates, or pedestrian, stand-
     3  ing or proceeding along such shoulder,  lane  or  path,  persons  riding
     4  bicycles  or electric assisted bicycles or skating or gliding on in-line
     5  skates shall ride, skate, or glide single file. Persons riding  bicycles
     6  or  electric  assisted  bicycles or skating or gliding on in-line skates
     7  upon a roadway shall ride, skate, or glide single file when being  over-
     8  taken by a vehicle.
     9    (c)  Any  person  operating  a bicycle or electric assisted bicycle or
    10  skating or gliding on in-line skates who is entering the roadway from  a
    11  private  road,  driveway, alley or over a curb shall come to a full stop
    12  before entering the roadway.
    13    § 11. Section 1235 of the vehicle and traffic law, as amended by chap-
    14  ter 703 of the laws of 2004, is amended to read as follows:
    15    § 1235. Carrying articles. No person operating a bicycle  or  electric
    16  assisted  bicycle  shall  carry  any  package,  bundle, or article which
    17  prevents the driver from keeping at least one hand upon the handle bars.
    18  No person skating or gliding on in-line skates shall carry any  package,
    19  bundle,  or  article which obstructs his or her vision in any direction.
    20  No person operating a skate board shall carry any  package,  bundle,  or
    21  article which obstructs his or her vision in any direction.
    22    §  12. Section 1236 of the vehicle and traffic law, subdivision (a) as
    23  amended by chapter 16 of the laws of 2009 and subdivisions (d)  and  (e)
    24  as  added  by  chapter  887  of  the laws of 1976, is amended to read as
    25  follows:
    26    § 1236. Lamps and other equipment on bicycles  and  electric  assisted
    27  bicycles.    (a)  Every bicycle or electric assisted bicycle when in use
    28  during the period from one-half  hour  after  sunset  to  one-half  hour
    29  before  sunrise  shall  be equipped with a lamp on the front which shall
    30  emit a white light visible during hours of darkness from a  distance  of
    31  at  least  five  hundred feet to the front and with a red or amber light
    32  visible to the rear for three hundred feet. Effective July first,  nine-
    33  teen  hundred seventy-six, at least one of these lights shall be visible
    34  for two hundred feet from each side.
    35    (b) No person shall operate a bicycle  or  electric  assisted  bicycle
    36  unless  it  is  equipped with a bell or other device capable of giving a
    37  signal audible for a distance of at least one hundred feet, except  that
    38  a  bicycle  or  electric assisted bicycle shall not be equipped with nor
    39  shall any person use upon a bicycle or  electric  assisted  bicycle  any
    40  siren or whistle.
    41    (c)  Every bicycle or electric assisted bicycle shall be equipped with
    42  a brake which will enable the operator to make the braked wheels skid on
    43  dry, level, clean pavement, provided, however, such brake of an electric
    44  assisted bicycle shall also operate in a manner  so  that  the  electric
    45  motor is disengaged or ceases to function when the brake is applied.
    46    (d)  Every  new bicycle or electric assisted bicycle shall be equipped
    47  with reflective tires or, alternately, a reflex reflector mounted on the
    48  spokes of each wheel, said tires and reflectors to be of types  approved
    49  by  the  commissioner.   The reflex reflector mounted on the front wheel
    50  shall be colorless or amber, and the reflex  reflector  mounted  on  the
    51  rear wheel shall be colorless or red.
    52    (e)  Every bicycle or electric assisted bicycle when in use during the
    53  period from one-half hour after sunset to one-half hour  before  sunrise
    54  shall be equipped with reflective devices or material meeting the stand-
    55  ards established by rules and regulations promulgated by the commission-
    56  er;  provided,  however,  that  such standards shall not be inconsistent

        A. 7791--B                          5
 
     1  with or otherwise conflict with the requirements of subdivisions (a) and
     2  (d) of this section.
     3    § 13. Section 1238 of the vehicle and traffic law, as amended by chap-
     4  ter  267  of  the laws of 1993, paragraph (a) of subdivision 2 and para-
     5  graphs (a) and (b) of subdivision 5 as amended by  chapter  457  of  the
     6  laws  of  1999,  subdivisions  2-a,  5-a,  9 and 10 and paragraph (c) of
     7  subdivision 6 as amended by chapter 703 of the laws of 2004, subdivision
     8  5 as amended by chapter 132 of the laws  of  1994,  subdivision  5-b  as
     9  added  and  paragraph  (a) of subdivision 6 as amended by chapter 402 of
    10  the laws of 2001 and subdivision 8 as amended by chapter 694 of the laws
    11  of 1995, is amended to read as follows:
    12    § 1238. Passengers on bicycles or electric assisted bicycles under one
    13  year of age prohibited; passengers and operators under fourteen years of
    14  age to wear protective headgear. 1. No person  operating  a  bicycle  or
    15  electric  assisted bicycle shall allow a person who is under one year of
    16  age to ride as a passenger on a bicycle or electric assisted bicycle nor
    17  shall such person be carried in a pack fastened to the operator. A first
    18  violation of the provisions of this subdivision shall result in no fine.
    19  A second violation shall result in a civil  fine  not  to  exceed  fifty
    20  dollars.
    21    2.  No  person  operating a bicycle or electric assisted bicycle shall
    22  allow a person one or more years of age and less than five years of  age
    23  to ride as a passenger on a bicycle or electric assisted bicycle unless:
    24    (a)  such  passenger is wearing a helmet meeting standards established
    25  by the commissioner. For the purposes  of  this  subdivision  wearing  a
    26  helmet means having a helmet of good fit fastened securely upon the head
    27  with the helmet straps; and
    28    (b)  such passenger is placed in a separate seat attached to the bicy-
    29  cle or electric assisted bicycle  and  such  seat  shall  have  adequate
    30  provision  for  retaining  the passenger in place and for protecting the
    31  passenger from the moving parts of  the  bicycle  or  electric  assisted
    32  bicycle.
    33    2-a.  The  commissioner  shall promulgate rules and regulations estab-
    34  lishing standards for helmets  required  to  be  worn  while  bicycling,
    35  in-line  skating,  or  operating  a  skate board. Such standards, to the
    36  extent practicable, shall reflect the standards recommended by the Snell
    37  Memorial  Foundation,  Safety  Equipment  Institute,  or  United  States
    38  Consumer Product Safety Commission.
    39    3.  Any  person who violates the provisions of subdivision two of this
    40  section shall pay a civil fine not to exceed fifty dollars.
    41    4. The court shall waive any fine for which a person who violates  the
    42  provisions  of paragraph (a) of subdivision two of this section would be
    43  liable if such person supplies the court with  proof  that  between  the
    44  date of violation and the appearance date for such violation such person
    45  purchased  or rented a helmet, which meets the requirements of paragraph
    46  (a) of subdivision two of this section. Further, the court  shall  waive
    47  any fine for which a person who violates the provisions of paragraph (b)
    48  of  subdivision  two  of  this  section  would  be liable if such person
    49  supplies the court with proof that between the date of violation and the
    50  appearance date for such violation such person  purchased  or  rented  a
    51  seat which meets the requirements of paragraph (b) of subdivision two of
    52  this  section.  The  court  may  waive  any  fine for which a person who
    53  violates the provisions of subdivision two  of  this  section  would  be
    54  liable  if the court finds that due to reasons of economic hardship such
    55  person was unable to purchase a helmet or  seat.  Such  waiver  of  fine

        A. 7791--B                          6
 
     1  shall not apply to a second or subsequent conviction under paragraph (a)
     2  or (b) of subdivision two of this section.
     3    5.  (a)  No  person  operating  a bicycle or electric assisted bicycle
     4  shall allow a person five or more years of age and  less  than  fourteen
     5  years  of  age  to ride as a passenger on a bicycle or electric assisted
     6  bicycle unless such passenger is  wearing  a  helmet  meeting  standards
     7  established by the commissioner.
     8    (b)  No  person, one or more years of age and less than fourteen years
     9  of age, shall operate a bicycle or electric assisted bicycle unless such
    10  person is wearing a helmet meeting standards established by the  commis-
    11  sioner.
    12    (c) For the purposes of this subdivision wearing a helmet means having
    13  a  helmet  of  good  fit fastened securely upon the head with the helmet
    14  straps.
    15    5-a. No person, one or more years of age and less than fourteen  years
    16  of  age,  shall skate or glide on in-line skates or a skate board unless
    17  such person is wearing a helmet meeting  standards  established  by  the
    18  commissioner.  For  the  purposes  of this subdivision, wearing a helmet
    19  means having a helmet of good fit fastened securely on the head of  such
    20  wearer with the helmet straps securely fastened.
    21    5-b. No person less than fourteen years of age shall ride upon, propel
    22  or  otherwise  operate  a  two-wheeled vehicle commonly called a scooter
    23  unless such person is wearing a helmet meeting standards established  by
    24  the  commissioner.  As  used in this subdivision, wearing a helmet means
    25  having a properly fitting helmet fixed securely  on  the  head  of  such
    26  wearer with the helmet straps securely fastened.
    27    6.  (a)  Any  person  who violates the provisions of subdivision five,
    28  five-a or five-b of this section shall pay a civil fine  not  to  exceed
    29  fifty dollars.
    30    (b) The court shall waive any fine for which a person who violates the
    31  provisions  of  subdivision five of this section would be liable if such
    32  person supplies the court with proof that between the date of  violation
    33  and  the  appearance  date  for  such violation such person purchased or
    34  rented a helmet.
    35    (c) The court may waive any fine for which a person who  violates  the
    36  provisions  of subdivision five, five-a, or five-b of this section would
    37  be liable if the court finds that due to reasons  of  economic  hardship
    38  such  person  was  unable  to  purchase a helmet or due to such economic
    39  hardship such person was unable to obtain a helmet  from  the  statewide
    40  in-line skate and bicycle helmet distribution program, as established in
    41  section  two  hundred  six of the public health law, or a local distrib-
    42  ution program.
    43    7. The failure of any person to comply with  the  provisions  of  this
    44  section  shall  not  constitute contributory negligence or assumption of
    45  risk, and shall not in any way bar, preclude or foreclose an action  for
    46  personal injury or wrongful death by or on behalf of such person, nor in
    47  any way diminish or reduce the damages recoverable in any such action.
    48    8.  A  police  officer  shall  only issue a summons for a violation of
    49  subdivision two, five, or five-a of this section by a person  less  than
    50  fourteen  years  of  age to the parent or guardian of such person if the
    51  violation by such person occurs in the presence of such person's  parent
    52  or  guardian  and where such parent or guardian is eighteen years of age
    53  or more. Such summons shall only be issued to such parent  or  guardian,
    54  and shall not be issued to the person less than fourteen years of age.
    55    9.  Subdivisions  five,  five-a, five-b, and six of this section shall
    56  not be applicable to any county, city, town or village that has  enacted

        A. 7791--B                          7
 
     1  a local law or ordinance prior to the effective date of this subdivision
     2  that  prohibits  a  person who is one or more years of age and less than
     3  fourteen years of age from operating a bicycle, electric assisted  bicy-
     4  cle  or  skating  or  gliding on in-line skates or a skate board without
     5  wearing a bicycle helmet meeting the standards of the American  National
     6  Standards  Institute  (Ansi  Z 90.4 bicycle helmet standards), the Snell
     7  Memorial Foundation's Standards for Protective Headgear for use in Bicy-
     8  cling, or the American Society of  Testing  and  Materials  (ASTM)  bike
     9  helmet  standards,  or  that  prohibits  a person operating a bicycle or
    10  electric assisted bicycle from allowing a person five or more  years  of
    11  age  and  less  than  fourteen  years of age to ride as a passenger on a
    12  bicycle or electric assisted bicycle unless such passenger is wearing  a
    13  bicycle  helmet  that meets such standards. The failure of any person to
    14  comply with any such local law or ordinance shall not constitute contri-
    15  butory negligence or assumption of risk, and shall not in any  way  bar,
    16  preclude or foreclose an action for personal injury or wrongful death by
    17  or  on  behalf  of  such  person,  nor in any way diminish or reduce the
    18  damages recoverable in any such action. The legislative body of a  coun-
    19  ty,  city,  town  or  village  may  enact  a local law or ordinance that
    20  prohibits a person who is fourteen or more years of age from skating  or
    21  gliding  on  in-line  skates,  operating  a skate board, or operating or
    22  riding as a passenger on a bicycle or electric assisted bicycle  without
    23  wearing a bicycle helmet.
    24    10.  No person shall skate or glide on in-line skates or a skate board
    25  outside during the period of time between one-half hour after sunset and
    26  one-half hour before sunrise unless such person is wearing readily visi-
    27  ble reflective clothing or material which is of a light or bright color.
    28    § 14. Section 1240 of the vehicle and traffic law, as added by chapter
    29  468 of the laws of 2001, is amended to read as follows:
    30    § 1240. Leaving the scene of an incident involving a [wheeled  non-mo-
    31  torized means of conveyance] bicycle, electric assisted bicycle, in-line
    32  skate,  roller  skate  or  skate  board  without reporting in the second
    33  degree. 1. Any person age eighteen years or older operating  a  [wheeled
    34  non-motorized  means  of conveyance, including, but not limited to bicy-
    35  cles,] bicycle, electric assisted bicycle, in-line [skates] skate, roll-
    36  er [skates and] skate or skate [boards] board, who,  knowing  or  having
    37  cause  to  know, that physical injury, as defined in subdivision nine of
    38  section 10.00 of the penal law, has been caused to another  person,  due
    39  to  the  operation  of such [non-motorized means of conveyance] bicycle,
    40  electric assisted bicycle, in-line skate, roller skate or skate board by
    41  such person, shall, before leaving the place  where  the  said  physical
    42  injury  occurred,  stop,  and  provide his name and residence, including
    43  street and street number, to the injured party, if practical,  and  also
    44  to  a  police  officer, or in the event that no police officer is in the
    45  vicinity of the place of said injury, then such person shall report said
    46  incident as soon as physically able to the  nearest  police  station  or
    47  judicial officer.
    48    2. Leaving the scene of an incident involving a [wheeled non-motorized
    49  means  of conveyance] bicycle, electric assisted bicycle, in-line skate,
    50  roller skate or skate board without reporting in the second degree is  a
    51  violation.
    52    § 15. Section 1241 of the vehicle and traffic law, as added by chapter
    53  468 of the laws of 2001, is amended to read as follows:
    54    §  1241. Leaving the scene of an incident involving a [wheeled non-mo-
    55  torized means of conveyance] bicycle, electric assisted bicycle, in-line
    56  skate, roller skate or  skate  board  without  reporting  in  the  first

        A. 7791--B                          8
 
     1  degree.   1. Any person age eighteen years or older operating a [wheeled
     2  non-motorized means of conveyance, including, but not limited  to  bicy-
     3  cles,] bicycle, electric assisted bicycle, in-line [skates] skate, roll-
     4  er  [skates  and]  skate or skate [boards] board, who, knowing or having
     5  cause to know, that serious physical injury, as defined  in  subdivision
     6  ten  of  section  10.00  of  the  penal  law, has been caused to another
     7  person, due to the operation of such [non-motorized means of conveyance]
     8  bicycle, electric assisted bicycle, in-line skate, roller skate or skate
     9  board by such person, shall, before leaving the  place  where  the  said
    10  serious  physical  injury occurred, stop, and provide his name and resi-
    11  dence, including street and street number,  to  the  injured  party,  if
    12  practical,  and also to a police officer, or in the event that no police
    13  officer is in the vicinity of the place of said injury, then such person
    14  shall report said incident as soon as physically  able  to  the  nearest
    15  police station or judicial officer.
    16    2. Leaving the scene of an incident involving a [wheeled non-motorized
    17  means  of conveyance] bicycle, electric assisted bicycle, in-line skate,
    18  roller skate or skate board without reporting in the first degree  is  a
    19  class B misdemeanor.
    20    §  16.  The vehicle and traffic law is amended by adding a new section
    21  1242 to read as follows:
    22    § 1242. Tampering with an electric assisted bicycle.  1.    No  person
    23  shall tamper with or modify an electric assisted bicycle to:
    24    (a)  increase  the output of such bicycle to seven hundred fifty watts
    25  or greater;
    26    (b) engage the electric motor when:
    27    (i) the operator of such bicycle is not pedaling;
    28    (ii) the operator of such bicycle has applied the brakes; or
    29    (iii) such bicycle has achieved a speed of twenty miles  per  hour  or
    30  greater; or
    31    (c)  accelerate  the  speed  of the electric assisted bicycle motor by
    32  means other than pedaling.
    33    2. A violation of the provisions of subdivision one  of  this  section
    34  shall  constitute a traffic infraction punishable by a fine of up to one
    35  hundred fifty dollars or a sentence of imprisonment for  up  to  fifteen
    36  days or both such fine and imprisonment.
    37    § 17. Section 316 of the highway law, as amended by chapter 655 of the
    38  laws of 1978, is amended to read as follows:
    39    § 316. Entitled to free use of highways. The authorities having charge
    40  or  control  of  any highway, public street, park, parkway, driveway, or
    41  place, shall have no power or authority to pass, enforce or maintain any
    42  ordinance, rule or regulation by which any person using a bicycle, elec-
    43  tric assisted bicycle or tricycle shall be excluded or  prohibited  from
    44  the  free  use of any highway, public street, avenue, roadway, driveway,
    45  parkway, park, or place, at any time when the same is open to  the  free
    46  use  of  persons  having and using other pleasure carriages, except upon
    47  such driveway, speedway or road as has been  or  may  be  expressly  set
    48  apart  by  law  for the exclusive use of horses and light carriages. But
    49  nothing herein shall prevent the passage, enforcement or maintenance  of
    50  any regulation, ordinance or rule, regulating the use of bicycles, elec-
    51  tric  assisted bicycles or tricycles in highways, public streets, drive-
    52  ways, parks, parkways, and places, or the regulation  of  the  speed  of
    53  carriages,  vehicles  or  engines, in public parks and upon parkways and
    54  driveways in the city of New York, under the exclusive jurisdiction  and
    55  control  of  the  department  of  parks and recreation of said city, nor
    56  prevent any such authorities in any other city from regulating the speed

        A. 7791--B                          9
 
     1  of any vehicles herein described in such manner as to limit  and  deter-
     2  mine  the  proper rate of speed with which such vehicle may be propelled
     3  nor in such manner as to require, direct or prohibit the use  of  bells,
     4  lamps  and  other  appurtenances  nor to prohibit the use of any vehicle
     5  upon that part of the highway, street, park, or parkway, commonly  known
     6  as the footpath or sidewalk.
     7    §  18. Section 180 of the general municipal law, as amended by chapter
     8  668 of the laws of 2004, is amended to read as follows:
     9    § 180. Ordinances to regulate use of bicycles  and  electric  assisted
    10  bicycles.   The governing boards of municipal corporations as defined in
    11  section two of this chapter, may adopt local laws to regulate the use of
    12  bicycles and electric assisted bicycles on the public highways, streets,
    13  avenues, walks, parks and public places within their limits.  Such local
    14  laws shall be supplemental and in addition  to  the  provisions  of  the
    15  vehicle  and traffic law relating to vehicles and not in conflict there-
    16  with. Provided further that such local laws shall not impose any charge,
    17  tax or otherwise not provide for the  free  use  of  bicycles,  electric
    18  assisted bicycles and tricycles.
    19    §  19.  This  act  shall  take effect on the one hundred eightieth day
    20  after it shall have become a law.
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