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A04990 Summary:

BILL NOA04990
 
SAME ASSAME AS S04621
 
SPONSORSeawright
 
COSPNSR
 
MLTSPNSR
 
Add 399-ggg, Gen Bus L
 
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 may be unlawful.
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A04990 Actions:

BILL NOA04990
 
02/06/2019referred to consumer affairs and protection
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A04990 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4990
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on Consumer Affairs and Protection
 
        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
    21  fifty watts; have a maximum speed of less than twenty miles per hour  on
    22  a  paved  level surface when powered solely by such a motor while ridden
    23  by an operator who weighs one hundred seventy pounds; and  be  incapable
    24  of  further  increasing the speed of the device when human power is used
    25  to propel the device at or more than twenty miles per hour.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09313-01-9

        A. 4990                             2
 
     1    3. Any violation of this section shall be punishable by a civil penal-
     2  ty not to exceed five hundred dollars.
     3    § 2. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.
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