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A01018 Summary:

COSPNSRThiele, De La Rosa, Johns, Skartados, Fahy, Sepulveda, Arroyo, Colton, Abinanti, Paulin
Add 102-c & 1238-a, amd 125, V & T L
Defines the term "electric assisted bicycle" for purposes of the applicability of the vehicle and traffic law; requires persons sixteen years of age or older to wear a helmet when operating an electric assisted bicycle.
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A01018 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 10, 2017
        Introduced  by M. of A. GANTT -- read once and referred to the Committee
          on Transportation
        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. 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 with two or three wheels
     4  which  has  a saddle and fully operative pedals for human propulsion and
     5  also has an electric motor.   The electric assisted  bicycle's  electric
     6  motor shall: have a power output of less than seven hundred fifty watts;
     7  have a maximum speed of less than twenty miles per hour on a paved level
     8  surface  when powered solely by such a motor while ridden by an operator
     9  who weighs one hundred seventy  pounds;  and  be  incapable  of  further
    10  increasing  the  speed  of the device when human power is used to propel
    11  the device at or more than twenty miles per hour.
    12    § 2. Section 125 of the vehicle and traffic law, as amended by chapter
    13  365 of the laws of 2008, is amended to read as follows:
    14    § 125. Motor vehicles. Every vehicle operated or driven upon a  public
    15  highway  which  is  propelled  by  any  power other than muscular power,
    16  except (a) electrically-driven mobility assistance devices  operated  or
    17  driven  by a person with a disability, (a-1) electric personal assistive
    18  mobility devices operated outside  a  city  with  a  population  of  one
    19  million  or  more, (b) vehicles which run only upon rails or tracks, (c)
    20  snowmobiles as defined in article forty-seven of this chapter, [and] (d)
    21  all terrain  vehicles  as  defined  in  article  forty-eight-B  of  this
    22  chapter,  and  (e)  electric assisted bicycles as defined in section one
    23  hundred two-c of this article. For the purposes of title  four  of  this
    24  chapter,  the  term motor vehicle shall exclude fire and police vehicles
    25  other than ambulances.  For the purposes of titles four and five of this
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1018                             2
     1  chapter the term motor vehicles shall exclude farm type tractors and all
     2  terrain type vehicles used exclusively for agricultural purposes, or for
     3  snow plowing, other than for hire, farm equipment,  including  self-pro-
     4  pelled machines used exclusively in growing, harvesting or handling farm
     5  produce,  and self-propelled caterpillar or crawler-type equipment while
     6  being operated on the contract site.
     7    § 3. The vehicle and traffic law is amended by adding  a  new  section
     8  1238-a to read as follows:
     9    §  1238-a. Additional provisions applicable to electric assisted bicy-
    10  cles, operators and passengers. 1. In addition to complying with all  of
    11  the  rules,  regulations and provisions applicable to bicycles contained
    12  in this article, an electric assisted bicycle as defined in section  one
    13  hundred  two-c  of this chapter shall comply with the following require-
    14  ments:
    15    (a) Meet the equipment and  manufacturing  requirements  for  bicycles
    16  adopted  by the Consumer Product Safety Commission (16 C.F.R. 1512.1, et
    17  seq.) or the requirements adopted by the National Highway Traffic Safety
    18  Administration (49  C.F.R.  571.1,  et  seq.)  in  accordance  with  the
    19  National  Traffic  and  Motor Vehicle Safety Act of 1966 (15 U.S.C. Sec.
    20  1381, et seq.) for motor driven cycles; and
    21    (b) Operate in a manner so that the electric motor  is  disengaged  or
    22  ceases  to  function when the brakes are applied, or operate in a manner
    23  such that the motor is engaged through a switch or mechanism that,  when
    24  released,  will  cause the electric motor to disengage or cease to func-
    25  tion.
    26    2. Notwithstanding the provisions of section  twelve  hundred  thirty-
    27  eight  of  this  article, no person less than sixteen years of age shall
    28  operate or ride as a passenger upon an electric assisted bicycle, and no
    29  person sixteen years of age or older shall allow any  person  less  than
    30  sixteen  years  of age to operate or ride as a passenger upon such bicy-
    31  cle.
    32    3. No person sixteen years of age or older shall operate or ride as  a
    33  passenger  on an electric assisted bicycle unless such person is wearing
    34  a helmet meeting standards established  by  the  commissioner.  For  the
    35  purposes  of this subdivision, wearing a helmet means having a helmet of
    36  good fit fastened securely on the head of such wearer  with  the  helmet
    37  straps securely fastened.
    38    4.  (a)  Any  person who violates the provisions of subdivision two or
    39  three of this section shall  pay  a  civil  fine  not  to  exceed  fifty
    40  dollars.
    41    (b) The court shall waive any fine for which a person who violates the
    42  provisions  of subdivision three of this section would be liable if such
    43  person supplies the court with proof that between the date of  violation
    44  and  the  appearance  date  for  such violation such person purchased or
    45  rented a helmet.
    46    (c) The court may waive any fine for which a person who  violates  the
    47  provisions  of  subdivision three of this section would be liable if the
    48  court finds that due to reasons of economic  hardship  such  person  was
    49  unable to purchase a helmet or due to such economic hardship such person
    50  was unable to obtain a helmet from the statewide in-line skate and bicy-
    51  cle helmet distribution program or a local distribution program.
    52    5.  The  failure  of  any person to comply with the provisions of this
    53  section shall not constitute contributory negligence  or  assumption  of
    54  risk,  and shall not in any way bar, preclude or foreclose an action for
    55  personal injury or wrongful death by or on behalf of such person, nor in
    56  any way diminish or reduce the damages recoverable in any such action.

        A. 1018                             3
     1    6. A police officer shall only issue a  summons  for  a  violation  of
     2  subdivision  two  or three of this section by a person less than sixteen
     3  years of age to the parent or guardian of such person if  the  violation
     4  by such person occurs in the presence of such person's parent or guardi-
     5  an  and  where such parent or guardian is eighteen years of age or more.
     6  Such summons shall only be issued to such parent or guardian, and  shall
     7  not be issued to the person less than sixteen years of age.
     8    § 4.  This act shall take effect immediately.
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