S01357 Summary:

SAME ASNo same as
Amd SS102 & 125, add S1238-a, V & T L
Defines the term "electric assisted bicycle" for purposes of the applicability of the vehicle and traffic law; provides that no person sixteen years of age or younger shall operate an electric assisted bicycle; requires persons eighteen years of age or younger to wear a helmet when operating an electric assisted bicycle.
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S01357 Actions:

05/19/2011PRINT NUMBER 1357A
06/02/20111ST REPORT CAL.945
06/06/20112ND REPORT CAL.
05/15/20121ST REPORT CAL.776
05/16/20122ND REPORT CAL.
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S01357 Memo:

Memo not available
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S01357 Text:

                STATE OF NEW YORK
            Cal. No. 945
                               2011-2012 Regular Sessions
                    IN SENATE
                                     January 6, 2011
        Introduced by Sens. DILAN, LIBOUS -- read twice and ordered printed, and
          when  printed  to  be  committed to the Committee on Transportation --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported favorably from said commit-

          tee, ordered to first and second report, ordered to a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
        AN ACT to amend the vehicle and traffic law, in relation  to  the  defi-
          nition of electric assisted bicycle
          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.  1.  Every  two  or  three wheeled device upon which a
     4  person or persons may ride, propelled by human power through a  belt,  a
     5  chain or gears, with such wheels in a tandem or tricycle, except that it
     6  shall  not include such a device having solid tires and intended for use

     7  only on a sidewalk by pre-teenage children.
     8    2. An electric assisted device with two or three wheels  which  has  a
     9  saddle  and  fully operative pedals for human propulsion and also has an
    10  electric motor. The electric assisted bicycle's  electric  motor  shall:
    11  have a power output of not more than seven hundred fifty watts; be inca-
    12  pable  of propelling the device at a speed of more than twenty miles per
    13  hour on level ground; and be incapable of further increasing  the  speed
    14  of  the  device when human power is used to propel the device at or more
    15  than twenty miles per hour.
    16    § 2.  The vehicle and traffic law is amended by adding a  new  section
    17  1238-a to read as follows:
    18    §  1238-a. Additional provisions applicable to electric assisted bicy-

    19  cles, operators and passengers. 1. In addition to complying with all  of
    20  the  rules,  regulations and provisions applicable to bicycles contained
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1357--B                          2
     1  in this article, an electric assisted bicycle as defined in section  one
     2  hundred  two  of  this  chapter shall comply with the following require-
     3  ments:
     4    (a)  Meet  the  equipment  and manufacturing requirements for bicycles
     5  adopted by the Consumer Product Safety Commission (16 C.F.R. 1512.1,  et

     6  seq.) or the requirements adopted by the National Highway Traffic Safety
     7  Administration  (49  C.F.R.  571.1,  et  seq.)  in  accordance  with the
     8  National Traffic and Motor Vehicle Safety Act of 1966  (15  U.S.C.  Sec.
     9  1381, et seq.) for motor driven cycles; and
    10    (b)  Operate  in  a manner so that the electric motor is disengaged or
    11  ceases to function when the brakes are applied, or operate in  a  manner
    12  such  that the motor is engaged through a switch or mechanism that, when
    13  released, will cause the electric motor to disengage or cease  to  func-
    14  tion.
    15    2.  No person less than sixteen years of age shall operate an electric
    16  assisted bicycle, and no lawful operator shall  allow  any  person  less

    17  than sixteen years of age to operate such bicycle he or she is operating
    18  or riding.
    19    3.  A lawful operator under eighteen years of age shall not operate an
    20  electric assisted bicycle unless he or she is wearing a  helmet  meeting
    21  standards  established  by  the  commissioner.  For the purposes of this
    22  subdivision, wearing a helmet means having a helmet of good fit fastened
    23  securely on the head of such wearer  with  the  helmet  straps  securely
    24  fastened.
    25    4.  (a)  Any  person who violates the provisions of subdivision two or
    26  three of this section shall  pay  a  civil  fine  not  to  exceed  fifty
    27  dollars.
    28    (b) The court shall waive any fine for which a person who violates the

    29  provisions  of subdivision three of this section would be liable if such
    30  person supplies the court with proof that between the date of  violation
    31  and  the  appearance  date  for  such violation such person purchased or
    32  rented a helmet.
    33    (c) The court may waive any fine for which a person who  violates  the
    34  provisions  of  subdivision three of this section would be liable if the
    35  court finds that due to reasons of economic  hardship  such  person  was
    36  unable to purchase a helmet or due to such economic hardship such person
    37  was  unable to obtain a helmet from a statewide or local helmet distrib-
    38  ution program.
    39    5. The failure of any person to comply with  the  provisions  of  this

    40  section  shall  not  in any way bar, preclude or foreclose an action for
    41  personal injury or wrongful death by or on behalf of such person, nor in
    42  any way diminish or reduce the damages recoverable in any such action.
    43    6. A police officer shall only issue a  summons  for  a  violation  of
    44  subdivision  two  or three of this section by a person less than sixteen
    45  years of age to the parent or guardian of such person if  the  violation
    46  by such person occurs in the presence of such person's parent or guardi-
    47  an  and  where  such parent or guardian is sixteen years of age or more.
    48  Such summons shall only be issued to such parent or guardian, and  shall
    49  not be issued to the person less than sixteen years of age.

    50    §  3.  Section 125 of the vehicle and traffic law, as amended by chap-
    51  ter 365 of the laws of 2008, is amended to read as follows:
    52    § 125. Motor vehicles. Every vehicle operated or driven upon a  public
    53  highway  which  is  propelled  by  any  power other than muscular power,
    54  except (a) electrically-driven mobility assistance devices  operated  or
    55  driven  by a person with a disability, (a-1) electric personal assistive
    56  mobility devices operated outside  a  city  with  a  population  of  one

        S. 1357--B                          3
     1  million  or  more, (b) vehicles which run only upon rails or tracks, (c)
     2  snowmobiles as defined in article forty-seven of this chapter, [and] (d)
     3  all terrain  vehicles  as  defined  in  article  forty-eight-B  of  this

     4  chapter,  and  (e)  electric assisted bicycles as defined in section one
     5  hundred two of this article.  For the purposes of  title  four  of  this
     6  chapter,  the  term motor vehicle shall exclude fire and police vehicles
     7  other than ambulances.  For the purposes of titles four and five of this
     8  chapter the term motor vehicles shall exclude farm type tractors and all
     9  terrain type vehicles used exclusively for agricultural purposes, or for
    10  snow plowing, other than for hire, farm equipment,  including  self-pro-
    11  pelled machines used exclusively in growing, harvesting or handling farm
    12  produce,  and self-propelled caterpillar or crawler-type equipment while
    13  being operated on the contract site.
    14    § 4. This act shall take effect on the ninetieth day  after  it  shall
    15  have become a law.
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