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A07791 Summary:

BILL NOA07791C
 
SAME ASSAME AS S06029-C
 
SPONSORPerry
 
COSPNSRSantabarbara, Johns, Jean-Pierre, Sepulveda, Fahy, Steck, Carroll, McDonald, Thiele, Lupardo, Lifton, Simon, Abinanti, Arroyo, Seawright, Colton, Peoples-Stokes
 
MLTSPNSREpstein
 
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: A7791C
 
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 include electric assisted bicycles. Section 15 amends section 1241 of the vehicle and traffic law 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 include electric assisted bicycles. Section 18 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 19 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--C
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 15, 2017
                                       ___________
 
        Introduced  by  M.  of A. PERRY, SANTABARBARA, JOHNS, JEAN-PIERRE, FAHY,
          STECK, CARROLL, McDONALD, THIELE, LUPARDO,  LIFTON,  SIMON,  ABINANTI,
          ARROYO -- 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  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11510-07-8

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

        A. 7791--C                          3

     1    §  1232.  Riding  on  bicycles and electric assisted bicycles.   (a) A
     2  person propelling a bicycle or electric assisted bicycle shall not  ride
     3  other  than upon or astride a permanent and regular seat attached there-
     4  to, nor shall he ride with his feet removed from the pedals.
     5    (b)  No  bicycle  or  electric assisted bicycle shall be used to carry
     6  more persons at one time than the number for which it  is  designed  and
     7  equipped.
     8    §  8.  The  vehicle and traffic law is amended by adding a new section
     9  1232-a to read as follows:
    10    § 1232-a. Additional requirements for operating an  electric  assisted
    11  bicycle.  (a) No person shall operate or park an electric assisted bicy-
    12  cle on any public highway or street in this state unless a legible label
    13  is permanently affixed by the bicycle or pedal assisted  motor  manufac-
    14  turer, in a prominent location, on such person's electric assisted bicy-
    15  cle.    Such label shall contain the maximum speed, and motor wattage of
    16  the electric assisted bicycle, and shall be printed in arial font in  at
    17  least  nine-point type.   On and after January first, two thousand nine-
    18  teen, manufacturers and distributors of electric assisted bicycles shall
    19  apply a label that is permanently affixed, in a prominent  location,  to
    20  each electric assisted bicycle. The label shall contain the top assisted
    21  speed,  and  motor  wattage  of  electric assisted bicycle, and shall be
    22  printed in arial font in at least nine-point type.
    23    (b) No person shall permit any label required by  subdivision  (a)  of
    24  this  section  to  be  affixed to an electric assisted bicycle to become
    25  illegible.
    26    (c) No person or entity shall park or  otherwise  make  available  any
    27  electric  assisted bicycle for use or operation by another on any public
    28  highway or street in the state unless a  legible  label  is  permanently
    29  affixed  in  a  manner  which meets the requirements of paragraph (a) of
    30  this section.
    31    (d) The court shall waive any fine for which a person who violates the
    32  provisions of paragraph (a) of this section is  liable  if  such  person
    33  supplies the court with (1) proof that between the date of violation and
    34  the  appearance  date  for  such  violation,  such label was repaired or
    35  replaced in a manner which meets the requirements of  paragraph  (a)  of
    36  this  section; or (2) proof that such electric assisted bicycle had been
    37  operated in violation of this section within the  duration  of  a  short
    38  term lease or other agreement.
    39    (e)  Every manufacturer of an electric assisted bicycle shall certify,
    40  at a minimum, that it complies  with  the  equipment  and  manufacturing
    41  requirements  for bicycles adopted by the United States consumer product
    42  safety commission (16 C.F.R. 1512.1, et seq.).
    43    § 9. Subdivision 1 of section 1233 of the vehicle and traffic law,  as
    44  amended  by  chapter  703  of  the  laws  of 2004, is amended to read as
    45  follows:
    46    1. No person riding  upon  any  bicycle,  electric  assisted  bicycle,
    47  coaster,  in-line skates, roller skates, skate board, sled, or toy vehi-
    48  cle shall attach the same or himself or herself  to  any  vehicle  being
    49  operated upon a roadway.
    50    § 10. Section 1234 of the vehicle and traffic law, as amended by chap-
    51  ter 16 of the laws of 1996, is amended to read as follows:
    52    §  1234.  Riding  on  roadways,  shoulders, bicycle, electric assisted
    53  bicycle or in-line skate lanes and bicycle or in-line skate  paths.  (a)
    54  Upon  all  roadways,  any  bicycle, electric assisted bicycle or in-line
    55  skate shall be driven either on a usable bicycle or in-line  skate  lane
    56  or,  if  a  usable  bicycle or in-line skate lane has not been provided,

        A. 7791--C                          4

     1  near the right-hand curb or edge of the roadway or upon a usable  right-
     2  hand shoulder in such a manner as to prevent undue interference with the
     3  flow of traffic except when preparing for a left turn or when reasonably
     4  necessary  to  avoid  conditions  that  would make it unsafe to continue
     5  along near the right-hand curb or edge.  Conditions  to  be  taken  into
     6  consideration  include, but are not limited to, fixed or moving objects,
     7  vehicles, bicycles, electric assisted bicycles, in-line  skates,  pedes-
     8  trians, animals, surface hazards or traffic lanes too narrow for a bicy-
     9  cle,  or  electric  assisted  bicycle  or person on in-line skates and a
    10  vehicle to travel safely side-by-side within the lane.
    11    (b) Persons riding bicycles or electric assisted bicycles  or  skating
    12  or gliding on in-line skates upon a roadway shall not ride more than two
    13  abreast.  Persons riding bicycles or electric assisted bicycles or skat-
    14  ing  or  gliding  on  in-line skates upon a shoulder, bicycle or in-line
    15  skate lane, or bicycle or in-line skates path, intended for the  use  of
    16  bicycles  or  in-line  skates may ride two or more abreast if sufficient
    17  space is available, except that when passing a vehicle,  bicycle,  elec-
    18  tric assisted bicycle or person on in-line skates, or pedestrian, stand-
    19  ing  or  proceeding  along  such  shoulder, lane or path, persons riding
    20  bicycles or electric assisted bicycles or skating or gliding on  in-line
    21  skates  shall ride, skate, or glide single file. Persons riding bicycles
    22  or electric assisted bicycles or skating or gliding  on  in-line  skates
    23  upon  a roadway shall ride, skate, or glide single file when being over-
    24  taken by a vehicle.
    25    (c) Any person operating a bicycle or  electric  assisted  bicycle  or
    26  skating  or gliding on in-line skates who is entering the roadway from a
    27  private road, driveway, alley or over a curb shall come to a  full  stop
    28  before entering the roadway.
    29    § 11. Section 1235 of the vehicle and traffic law, as amended by chap-
    30  ter 703 of the laws of 2004, is amended to read as follows:
    31    §  1235.  Carrying articles. No person operating a bicycle or electric
    32  assisted bicycle shall carry  any  package,  bundle,  or  article  which
    33  prevents the driver from keeping at least one hand upon the handle bars.
    34  No  person skating or gliding on in-line skates shall carry any package,
    35  bundle, or article which obstructs his or her vision in  any  direction.
    36  No  person  operating  a skate board shall carry any package, bundle, or
    37  article which obstructs his or her vision in any direction.
    38    § 12. Section 1236 of the vehicle and traffic law, subdivision (a)  as
    39  amended  by  chapter 16 of the laws of 2009 and subdivisions (d) and (e)
    40  as added by chapter 887 of the laws of  1976,  is  amended  to  read  as
    41  follows:
    42    §  1236.  Lamps  and other equipment on bicycles and electric assisted
    43  bicycles.  (a) Every bicycle or electric assisted bicycle  when  in  use
    44  during  the  period  from  one-half  hour  after sunset to one-half hour
    45  before sunrise shall be equipped with a lamp on the  front  which  shall
    46  emit  a  white light visible during hours of darkness from a distance of
    47  at least five hundred feet to the front and with a red  or  amber  light
    48  visible  to the rear for three hundred feet. Effective July first, nine-
    49  teen hundred seventy-six, at least one of these lights shall be  visible
    50  for two hundred feet from each side.
    51    (b)  No  person  shall  operate a bicycle or electric assisted bicycle
    52  unless it is equipped with a bell or other device capable  of  giving  a
    53  signal  audible for a distance of at least one hundred feet, except that
    54  a bicycle or electric assisted bicycle shall not be  equipped  with  nor
    55  shall  any  person  use  upon a bicycle or electric assisted bicycle any
    56  siren or whistle.

        A. 7791--C                          5
 
     1    (c) Every bicycle or electric assisted bicycle shall be equipped  with
     2  a brake which will enable the operator to make the braked wheels skid on
     3  dry, level, clean pavement, provided, however, such brake of an electric
     4  assisted  bicycle  shall  also  operate in a manner so that the electric
     5  motor is disengaged or ceases to function when the brake is applied.
     6    (d)  Every  new bicycle or electric assisted bicycle shall be equipped
     7  with reflective tires or, alternately, a reflex reflector mounted on the
     8  spokes of each wheel, said tires and reflectors to be of types  approved
     9  by  the  commissioner.   The reflex reflector mounted on the front wheel
    10  shall be colorless or amber, and the reflex  reflector  mounted  on  the
    11  rear wheel shall be colorless or red.
    12    (e)  Every bicycle or electric assisted bicycle when in use during the
    13  period from one-half hour after sunset to one-half hour  before  sunrise
    14  shall be equipped with reflective devices or material meeting the stand-
    15  ards established by rules and regulations promulgated by the commission-
    16  er;  provided,  however,  that  such standards shall not be inconsistent
    17  with or otherwise conflict with the requirements of subdivisions (a) and
    18  (d) of this section.
    19    § 13. Section 1238 of the vehicle and traffic law, as amended by chap-
    20  ter 267 of the laws of 1993, paragraph (a) of subdivision  2  and  para-
    21  graphs  (a)  and  (b)  of subdivision 5 as amended by chapter 457 of the
    22  laws of 1999, subdivisions 2-a, 5-a, 9  and  10  and  paragraph  (c)  of
    23  subdivision 6 as amended by chapter 703 of the laws of 2004, subdivision
    24  5  as  amended  by  chapter  132 of the laws of 1994, subdivision 5-b as
    25  added and paragraph (a) of subdivision 6 as amended by  chapter  402  of
    26  the laws of 2001 and subdivision 8 as amended by chapter 694 of the laws
    27  of 1995, is amended to read as follows:
    28    § 1238. Passengers on bicycles or electric assisted bicycles under one
    29  year of age prohibited; passengers and operators under fourteen years of
    30  age  to  wear  protective  headgear. 1. No person operating a bicycle or
    31  electric assisted bicycle shall allow a person who is under one year  of
    32  age to ride as a passenger on a bicycle or electric assisted bicycle nor
    33  shall such person be carried in a pack fastened to the operator. A first
    34  violation of the provisions of this subdivision shall result in no fine.
    35  A  second  violation  shall  result  in a civil fine not to exceed fifty
    36  dollars.
    37    2. No person operating a bicycle or electric  assisted  bicycle  shall
    38  allow  a person one or more years of age and less than five years of age
    39  to ride as a passenger on a bicycle or electric assisted bicycle unless:
    40    (a) such passenger is wearing a helmet meeting  standards  established
    41  by  the  commissioner.  For  the  purposes of this subdivision wearing a
    42  helmet means having a helmet of good fit fastened securely upon the head
    43  with the helmet straps; and
    44    (b) such passenger is placed in a separate seat attached to the  bicy-
    45  cle  or  electric  assisted  bicycle  and  such seat shall have adequate
    46  provision for retaining the passenger in place and  for  protecting  the
    47  passenger  from  the  moving  parts  of the bicycle or electric assisted
    48  bicycle.
    49    2-a. The commissioner shall promulgate rules  and  regulations  estab-
    50  lishing  standards  for  helmets  required  to  be worn while bicycling,
    51  in-line skating, or operating a skate  board.  Such  standards,  to  the
    52  extent practicable, shall reflect the standards recommended by the Snell
    53  Memorial  Foundation,  Safety  Equipment  Institute,  or  United  States
    54  Consumer Product Safety Commission.
    55    3. Any person who violates the provisions of subdivision two  of  this
    56  section shall pay a civil fine not to exceed fifty dollars.

        A. 7791--C                          6
 
     1    4.  The court shall waive any fine for which a person who violates the
     2  provisions of paragraph (a) of subdivision two of this section would  be
     3  liable  if  such  person  supplies the court with proof that between the
     4  date of violation and the appearance date for such violation such person
     5  purchased  or rented a helmet, which meets the requirements of paragraph
     6  (a) of subdivision two of this section. Further, the court  shall  waive
     7  any fine for which a person who violates the provisions of paragraph (b)
     8  of  subdivision  two  of  this  section  would  be liable if such person
     9  supplies the court with proof that between the date of violation and the
    10  appearance date for such violation such person  purchased  or  rented  a
    11  seat which meets the requirements of paragraph (b) of subdivision two of
    12  this  section.  The  court  may  waive  any  fine for which a person who
    13  violates the provisions of subdivision two  of  this  section  would  be
    14  liable  if the court finds that due to reasons of economic hardship such
    15  person was unable to purchase a helmet or  seat.  Such  waiver  of  fine
    16  shall not apply to a second or subsequent conviction under paragraph (a)
    17  or (b) of subdivision two of this section.
    18    5.  (a)  No  person  operating  a bicycle or electric assisted bicycle
    19  shall allow a person five or more years of age and  less  than  fourteen
    20  years  of  age  to ride as a passenger on a bicycle or electric assisted
    21  bicycle unless such passenger is  wearing  a  helmet  meeting  standards
    22  established by the commissioner.
    23    (b)  No  person, one or more years of age and less than fourteen years
    24  of age, shall operate a bicycle or electric assisted bicycle unless such
    25  person is wearing a helmet meeting standards established by the  commis-
    26  sioner.
    27    (c) For the purposes of this subdivision wearing a helmet means having
    28  a  helmet  of  good  fit fastened securely upon the head with the helmet
    29  straps.
    30    5-a. No person, one or more years of age and less than fourteen  years
    31  of  age,  shall skate or glide on in-line skates or a skate board unless
    32  such person is wearing a helmet meeting  standards  established  by  the
    33  commissioner.  For  the  purposes  of this subdivision, wearing a helmet
    34  means having a helmet of good fit fastened securely on the head of  such
    35  wearer with the helmet straps securely fastened.
    36    5-b. No person less than fourteen years of age shall ride upon, propel
    37  or  otherwise  operate  a  two-wheeled vehicle commonly called a scooter
    38  unless such person is wearing a helmet meeting standards established  by
    39  the  commissioner.  As  used in this subdivision, wearing a helmet means
    40  having a properly fitting helmet fixed securely  on  the  head  of  such
    41  wearer with the helmet straps securely fastened.
    42    6.  (a)  Any  person  who violates the provisions of subdivision five,
    43  five-a or five-b of this section shall pay a civil fine  not  to  exceed
    44  fifty dollars.
    45    (b) The court shall waive any fine for which a person who violates the
    46  provisions  of  subdivision five of this section would be liable if such
    47  person supplies the court with proof that between the date of  violation
    48  and  the  appearance  date  for  such violation such person purchased or
    49  rented a helmet.
    50    (c) The court may waive any fine for which a person who  violates  the
    51  provisions  of subdivision five, five-a, or five-b of this section would
    52  be liable if the court finds that due to reasons  of  economic  hardship
    53  such  person  was  unable  to  purchase a helmet or due to such economic
    54  hardship such person was unable to obtain a helmet  from  the  statewide
    55  in-line skate and bicycle helmet distribution program, as established in

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

        A. 7791--C                          8
 
     1  injury  occurred,  stop,  and  provide his name and residence, including
     2  street and street number, to the injured party, if practical,  and  also
     3  to  a  police  officer, or in the event that no police officer is in the
     4  vicinity of the place of said injury, then such person shall report said
     5  incident  as  soon  as  physically able to the nearest police station or
     6  judicial officer.
     7    2. Leaving the scene of an incident involving a wheeled  non-motorized
     8  means  of  conveyance, or an electric assisted bicycle without reporting
     9  in the second degree is a violation.
    10    § 15. Section 1241 of the vehicle and traffic law, as added by chapter
    11  468 of the laws of 2001, is amended to read as follows:
    12    § 1241. Leaving the scene of an incident involving a  wheeled  non-mo-
    13  torized  means  of  conveyance, or an electric assisted bicycle, without
    14  reporting in the first degree.   1. Any person  age  eighteen  years  or
    15  older  operating a wheeled non-motorized means of conveyance, including,
    16  but not limited to bicycles, in-line skates,  roller  skates  and  skate
    17  boards or an electric assisted bicycle as defined in section one hundred
    18  two-c  of this chapter, who, knowing or having cause to know, that seri-
    19  ous physical injury, as defined in subdivision ten of section  10.00  of
    20  the  penal  law, has been caused to another person, due to the operation
    21  of such non-motorized means of conveyance, or electric assisted  bicycle
    22  by  such  person, shall, before leaving the place where the said serious
    23  physical injury occurred, stop, and  provide  his  name  and  residence,
    24  including  street and street number, to the injured party, if practical,
    25  and also to a police officer, or in the event that no police officer  is
    26  in  the  vicinity  of  the  place of said injury, then such person shall
    27  report said incident as soon as physically able to  the  nearest  police
    28  station or judicial officer.
    29    2.  Leaving the scene of an incident involving a wheeled non-motorized
    30  means of conveyance, or an electric assisted bicycle  without  reporting
    31  in the first degree is a class B misdemeanor.
    32    §  16.  The vehicle and traffic law is amended by adding a new section
    33  1242 to read as follows:
    34    § 1242. Tampering with an electric assisted bicycle.  1.    No  person
    35  shall tamper with or modify an electric assisted bicycle to:
    36    (a)  increase  the output of such bicycle to seven hundred fifty watts
    37  or greater;
    38    (b) engage the electric motor when:
    39    (i) the operator of such bicycle is not pedaling;
    40    (ii) the operator of such bicycle has applied the brakes; or
    41    (iii) such bicycle has achieved a speed of twenty miles  per  hour  or
    42  greater; or
    43    (c)  accelerate  the  speed  of the electric assisted bicycle motor by
    44  means other than pedaling.
    45    2. A violation of the provisions of subdivision one  of  this  section
    46  shall  constitute a traffic infraction punishable by a fine of up to one
    47  hundred fifty dollars or a sentence of imprisonment for  up  to  fifteen
    48  days or both such fine and imprisonment.
    49    § 17. Section 316 of the highway law, as amended by chapter 655 of the
    50  laws of 1978, is amended to read as follows:
    51    § 316. Entitled to free use of highways. The authorities having charge
    52  or  control  of  any highway, public street, park, parkway, driveway, or
    53  place, shall have no power or authority to pass, enforce or maintain any
    54  ordinance, rule or regulation by which any person using a bicycle, elec-
    55  tric assisted bicycle or tricycle shall be excluded or  prohibited  from
    56  the  free  use of any highway, public street, avenue, roadway, driveway,

        A. 7791--C                          9
 
     1  parkway, park, or place, at any time when the same is open to  the  free
     2  use  of  persons  having and using other pleasure carriages, except upon
     3  such driveway, speedway or road as has been  or  may  be  expressly  set
     4  apart  by  law  for the exclusive use of horses and light carriages. But
     5  nothing herein shall prevent the passage, enforcement or maintenance  of
     6  any regulation, ordinance or rule, regulating the use of bicycles, elec-
     7  tric  assisted bicycles or tricycles in highways, public streets, drive-
     8  ways, parks, parkways, and places, or the regulation  of  the  speed  of
     9  carriages,  vehicles  or  engines, in public parks and upon parkways and
    10  driveways in the city of New York, under the exclusive jurisdiction  and
    11  control  of  the  department  of  parks and recreation of said city, nor
    12  prevent any such authorities in any other city from regulating the speed
    13  of any vehicles herein described in such manner as to limit  and  deter-
    14  mine  the  proper rate of speed with which such vehicle may be propelled
    15  nor in such manner as to require, direct or prohibit the use  of  bells,
    16  lamps  and  other  appurtenances  nor to prohibit the use of any vehicle
    17  upon that part of the highway, street, park, or parkway, commonly  known
    18  as the footpath or sidewalk.
    19    §  18. Section 180 of the general municipal law, as amended by chapter
    20  668 of the laws of 2004, is amended to read as follows:
    21    § 180. Ordinances to regulate use of bicycles  and  electric  assisted
    22  bicycles.   The governing boards of municipal corporations as defined in
    23  section two of this chapter, may adopt local laws to regulate the use of
    24  bicycles and electric assisted bicycles on the public highways, streets,
    25  avenues, walks, parks and public places within their limits.  Such local
    26  laws shall be supplemental and in addition  to  the  provisions  of  the
    27  vehicle  and traffic law relating to vehicles and not in conflict there-
    28  with. Provided further that such local laws shall not impose any charge,
    29  tax or otherwise not provide for the  free  use  of  bicycles,  electric
    30  assisted bicycles and tricycles.
    31    §  19.  This  act  shall  take effect on the one hundred eightieth day
    32  after it shall have become a law.
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