STATE OF NEW YORK
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9361
IN SENATE
March 5, 2026
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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:
1 Section 1. Subdivision 5-c of section 1238 of the vehicle and traffic
2 law, as added by section 5 of part XX of chapter 58 of the laws of 2020,
3 is amended to read as follows:
4 5-c. No person shall ride upon, propel or otherwise operate a [class
5 three] bicycle with electric assist unless such person is wearing a
6 helmet meeting standards established by the commissioner. For the
7 purposes of this subdivision, wearing a helmet means having a properly
8 fitting helmet fixed securely on the head of such wearer with the helmet
9 straps securely fastened.
10 § 2. Subdivision 1 of section 1286 of the vehicle and traffic law, as
11 added by section 10 of part XX of chapter 58 of the laws of 2020, is
12 amended to read as follows:
13 1. No person [sixteen or seventeen years of age] shall ride upon,
14 propel or otherwise operate an electric scooter unless such person is
15 wearing a helmet meeting standards established by the commissioner
16 pursuant to the provisions of subdivision two-a of section twelve
17 hundred thirty-eight of this title. As used in this subdivision, wear-
18 ing a helmet means having a properly fitting helmet fixed securely on
19 the head of such wearer with the helmet straps securely fastened.
20 § 3. The vehicle and traffic law is amended by adding a new section
21 123-a to read as follows:
22 § 123-a. Motor-driven cycle. Every motor vehicle having:
23 (a) a seat or saddle for the use of the operator;
24 (b) two or three wheels in contact with the ground;
25 (c) an internal combustion engine, or electric, solar or hybrid motor
26 which will propel the vehicle unassisted at a maximum speed no greater
27 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
1 combustion engine, such engine's piston or rotor displacement shall not
2 exceed fifty cubic centimeters. A motor-driven cycle shall be a limited
3 use motorcycle or motorcycle when operated at speeds in excess of thirty
4 miles per hour and the operator shall be required to have in such opera-
5 tor's possession a valid class D, DJ, M or MJ license, as the case may
6 be; and
7 (d) a direct or automatic power drive system which requires no clutch
8 or gear shift operation by the operator after the drive system is
9 engaged with the engine or motor.
10 § 4. The article heading of article 34 of the vehicle and traffic law,
11 as amended by chapter 694 of the laws of 1995, is amended and a new
12 section 1244 is added to read as follows:
13 OPERATION OF BICYCLES [AND], PLAY DEVICES AND
14 MOTOR-DRIVEN CYCLES
15 § 1244. Motor-driven cycle operators to wear protective headgear. No
16 person shall ride upon, propel or otherwise operate a motor-driven cycle
17 unless such person is wearing a helmet meeting standards established by
18 the commissioner. For the purposes of this section, wearing a helmet
19 means having a properly fitting helmet fixed securely on the head of
20 such wearer with the helmet straps securely fastened.
21 § 5. This act shall take effect on the ninetieth day after it shall
22 have become a law.
