Requires retailers to affix a notice on any bicycles with electric assist and micromobility devices which states that you cannot use such device on sidewalks or on highways with speed limits over 30 MPH, except where allowed by local law; authorizes the department of state to promulgate necessary rules and regulations; imposes fines for violations thereof; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
8310--B
2023-2024 Regular Sessions
IN ASSEMBLY
November 27, 2023
___________
Introduced by M. of A. EACHUS -- read once and referred to the Committee
on Consumer Affairs and Protection -- recommitted to the Committee on
Consumer Affairs and Protection in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
AN ACT to amend the general business law, in relation to the sale of
bicycles with electric assist and micromobility devices
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 391-cc to read as follows:
3 § 391-cc. Sale of bicycles with electric assist and micromobility
4 devices. 1. As used in this section, "micromobility device" shall mean
5 an electric scooter as defined in section one hundred fourteen-e of the
6 vehicle and traffic law, an electrical personal assistive mobility
7 device as defined in section one hundred fourteen-d of the vehicle and
8 traffic law, or other personal mobility device that has an electric
9 motor. The term micromobility device shall not include bicycles with
10 electric assist as defined by section one hundred two-c of the vehicle
11 and traffic law, limited use motorcycles as defined in section one
12 hundred twenty-one-b of the vehicle and traffic law, wheelchairs or
13 other electrically driven mobility assistance devices as defined in
14 section one hundred thirty-a of the vehicle and traffic law, or any
15 vehicle that is capable of being registered with the department of motor
16 vehicles.
17 2. No person, firm, partnership, association, or corporation shall
18 sell or offer for sale at retail any bicycle with electric assist as
19 defined by section one hundred two-c of the vehicle and traffic law or
20 micromobility device to any person, firm, partnership, association, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13355-07-4
A. 8310--B 2
1 corporation, without supplying a notice to be affixed to such bicycle
2 with electric assist or micromobility device by the person, firm, part-
3 nership, association, or corporation. Such notice shall have an adhe-
4 sive backing, be made from common materials used to affix other compara-
5 ble notices or stickers to vehicles and be printed in English and the
6 two most common non-English languages spoken in the state, based on the
7 data in the most recent American Community Survey published by the
8 United States Census Bureau. Such notice shall read:
9 "NOTICE: In New York State, you cannot use this device on sidewalks or
10 on highways with speed limits over 30 MPH except where local laws, ordi-
11 nances, orders, rules, or regulations allow. Consult with local cities,
12 towns, or villages where operating this device for their specific condi-
13 tions, always yield to pedestrians, and follow traffic rules."
14 3. The department of state, in consultation with appropriate state
15 agencies, shall promulgate rules and regulations necessary to implement
16 the provisions of this section.
17 4. Violation of this section by the retail entity pursuant to subdivi-
18 sion two of this section shall be punishable by a fine of not more than
19 two hundred fifty dollars for the first offense and not more than one
20 thousand dollars for each subsequent offense.
21 5. This section shall not annul, alter, affect, or exempt any person,
22 firm, partnership, corporation, or association, subject to the
23 provisions of this section from complying with the laws, ordinances,
24 rules, or regulations of any locality, relating to the affixing, label-
25 ing, or provision of identification, safety, informational, or other
26 materials.
27 § 2. This act shall take effect on the one hundred eightieth day after
28 it shall have become a law. Effective immediately, the addition, amend-
29 ment and/or repeal of any rule or regulation necessary for the implemen-
30 tation of this act on its effective date are authorized to be made and
31 completed on or before such effective date.
