Prohibits the sale of electric assisted bicycles unless the packaging contains a notice stating that the operation of such electric assisted bicycle on any public highway, road or sidewalk is unlawful.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6960B
SPONSOR: Seawright TITLE OF BILL:
An act to amend the general business law, in relation to labeling
requirements for electric assisted bicycles
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to increase consumer awareness that electric
assisted bicycles are not allowed to be used on public roadways prior to
purchase.
SUMMARY OF PROVISIONS:
This bill amends the general business law to add a section establishing
that manufacturers and retailers of electric assisted bicycles must have
a printed warning label stating their use is prohibited on any public
highway or sidewalk.
This bill sets forth the definitions for "electric assisted bicycle" and
"sidewalk" as defined in section one hundred forty four of the vehicle
and traffic law. The definition of "public highway" is defined pursuant
to section one hundred thirty four of the vehicle and traffic law.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Three amendments have been made. First, the warning label was amended to
set forth a standard label that would read, "The operation of electric
assisted bicycles on public highways and roads is illegal in the State
of New York. Operation of an electric assisted bicycle on a public side-
walk is possibly illegal. Please check your local municipal laws or
codes regarding usage of this bicycle on public sidewalks.
Second, the effective date was amended from "immediately" to "180 days."
Third, "electric bicycle" and "electronic vehicle" language is amended
to read as "electric assisted bicycle". The warning label was also
amended to read as, "The operation of electric assisted bicycles on
public highways, roads and sidewalks may be unlawful. Please check your
state and local laws, ordinances, rules, and regulations regarding use
of this electric assisted bicycle on public highways, roads, and side-
walks."
JUSTIFICATION:
Electric assisted bicycles are deemed to be "motor vehicles" and as such
cannot be operated at all unless they have license plates, are regis-
tered, are insured and meet all the equipment requirements of a motor
vehicle. As electric assisted bicycles are incapable of all that they
are barred from being used on public roads.
Electric bicycles are allowed to be sold in New York State. Other than
researching the Vehicle and Traffic law, consumers would have very
little way of knowing that the electric bicycle they are utilizing or
purchasing for their family are barred from being used on public roads.
By labelling the packaging of the electric assisted bicycle, consumers
are made aware of the restriction prior to the purchase.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
EFFECTIVE DATE:
180 days after enactment.
STATE OF NEW YORK
________________________________________________________________________
6960--B
2017-2018 Regular Sessions
IN ASSEMBLY
March 28, 2017
___________
Introduced by M. of A. SEAWRIGHT -- read once and referred to the
Committee on Consumer Affairs and Protection -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- reported and referred to the Committee on Codes -- recom-
mitted to the Committee on Codes in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the general business law, in relation to labeling
requirements for 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 general business law is amended by adding a new section
2 399-ggg to read as follows:
3 § 399-ggg. Labeling of electric assisted bicycles. 1. No person, firm,
4 or corporation shall sell or offer for sale at retail any electric
5 assisted bicycle unless there is printed on the package in which such
6 electric assisted bicycle is sold or offered for sale a conspicuous
7 notice stating "The operation of electric assisted bicycles on public
8 highways, roads and sidewalks may be unlawful. Please check your state
9 and local laws, ordinances, rules and regulations regarding use of this
10 electric assisted bicycle on public highways, roads and sidewalks."
11 2. For purposes of this section, the following terms shall have the
12 following meanings:
13 (a) "Public highway" shall have the same meaning as defined in section
14 one hundred thirty-four of the vehicle and traffic law.
15 (b) "Sidewalk" shall have the same meaning as defined in section one
16 hundred forty-four of the vehicle and traffic law.
17 (c) "Electric assisted bicycle" shall mean a bicycle with two or three
18 wheels which has a saddle and fully operative pedals for human propul-
19 sion and also has an electric motor. The electric assisted bicycle's
20 electric motor shall: have a power output of less than seven hundred
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10327-07-8
A. 6960--B 2
1 fifty watts; have a maximum speed of less than twenty miles per hour on
2 a paved level surface when powered solely by such a motor while ridden
3 by an operator who weighs one hundred seventy pounds; and be incapable
4 of further increasing the speed of the device when human power is used
5 to propel the device at or more than twenty miles per hour.
6 3. Any violation of this section shall be punishable by a civil penal-
7 ty not to exceed five hundred dollars.
8 § 2. This act shall take effect on the one hundred eightieth day after
9 it shall have become a law.
