A06748 Summary:

BILL NOA06748B
 
SAME ASSAME AS S02757-B
 
SPONSORJackson
 
COSPNSRGallagher, Lavine, Burgos
 
MLTSPNSR
 
Amd §§102-c & 1242, V & T L
 
Adds cargo bicycles with electric assist to the types of bicycles with electric assist regulated under the vehicle and traffic law; provides that no person shall operate a cargo bicycle with electric assist unless it is accompanied by proof of financial security unless otherwise authorized by local law, ordinance, order, rule, or regulation or pursuant to an agreement made on behalf of the city, town, or village.
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A06748 Actions:

BILL NOA06748B
 
03/29/2021referred to transportation
05/20/2021amend (t) and recommit to transportation
05/20/2021print number 6748a
05/24/2021reported referred to rules
01/05/2022referred to transportation
05/27/2022amend and recommit to transportation
05/27/2022print number 6748b
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A06748 Committee Votes:

TRANSPORTATION Chair:Magnarelli DATE:05/24/2021AYE/NAY:26/0 Action: Favorable refer to committee Rules
MagnarelliAyeMcDonoughAye
PerryAyeDiPietroAye
LupardoAyeByrneAye
ThieleAyeMillerAye
BronsonAyeNorrisAye
SimonAyeDeStefanoAye
HunterAyeWalczykAye
HyndmanAye
WilliamsAye
FahyAye
FrontusAye
JacobsonAye
McMahonAye
DarlingAye
WallaceAye
BurgosAye
GallagherAye
MitaynesAye
SillittiAye

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A06748 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6748--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 29, 2021
                                       ___________
 
        Introduced  by  M. of A. JACKSON, GALLAGHER, LAVINE, BURGOS -- read once
          and  referred  to  the  Committee  on  Transportation   --   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, in relation to cargo  bicy-
          cles with electric assist
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Section 102-c of the vehicle and traffic law, as added  by
     2  section  1  of  part XX of chapter 58 of the laws of 2020, is amended to
     3  read as follows:
     4    § 102-c. Bicycle with electric assist. A bicycle which is no more than
     5  thirty-six inches wide and has an electric  motor  of  less  than  seven
     6  hundred  fifty  watts, equipped with operable pedals, meeting the equip-
     7  ment and manufacturing requirements for bicycles adopted by the Consumer
     8  Product Safety Commission under 16 C.F.R. Part 1512.1  et  seq.,  except
     9  that  the governing body of any city, town or village may, by local law,
    10  ordinance, order, rule, or regulation  allow  a  bicycle  with  electric
    11  assist  which  is  equipped with operable pedals and no more than forty-
    12  eight inches wide or has an electric motor of  equal  to  or  more  than
    13  seven  hundred  fifty  watts  that  is  manufactured or modified for the
    14  purpose of transporting property  in  commerce  and  operated  for  that
    15  purpose and meets the equipment and manufacturing requirements for bicy-
    16  cles  adopted  by the Consumer Product Safety Commission under 16 C.F.R.
    17  Part 1512.1 et seq., and meeting the requirements of one of the  follow-
    18  ing [three] four classes:
    19    (a)  "Class one bicycle with electric assist." A bicycle with electric
    20  assist having an electric motor that provides assistance only  when  the
    21  person  operating  such  bicycle is pedaling, and that ceases to provide
    22  assistance when such bicycle reaches a speed of twenty miles per hour.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06605-05-1

        A. 6748--B                          2
 
     1    (b) "Class two bicycle with electric assist." A bicycle with  electric
     2  assist  having  an electric motor that may be used exclusively to propel
     3  such bicycle, and that is not capable of providing assistance when  such
     4  bicycle reaches a speed of twenty miles per hour.
     5    (c)  "Class  three bicycle with electric assist." Solely within a city
     6  having a population of one million or  more,  a  bicycle  with  electric
     7  assist  having  an electric motor that may be used exclusively to propel
     8  such bicycle, and that is not capable of providing assistance when  such
     9  bicycle reaches a speed of twenty-five miles per hour.
    10    (d)  "Cargo bicycle with electric assist." A bicycle designed to carry
    11  and deliver more than ten cubic feet of property, or a bicycle towing  a
    12  trailer designed to carry property, with electric assist having an elec-
    13  tric  motor that provides assistance only when the person operating such
    14  bicycle is pedaling or that may be used exclusively to propel such bicy-
    15  cle, that is manufactured or modified for the  purpose  of  transporting
    16  property in commerce and operated for such purpose.  Every person riding
    17  a cargo bicycle with electric assist upon a roadway shall be granted all
    18  of  the  rights  and shall be subject to all of the duties applicable to
    19  the driver of a vehicle and the rider of a bicycle by this title, except
    20  as to special regulations  in  this  article  and  except  as  to  those
    21  provisions of this title which by their nature can have no application.
    22    §  2.  Subdivisions 4 and 9 of section 1242 of the vehicle and traffic
    23  law, as added by section 8 of part XX of chapter 58 of the laws of 2020,
    24  are amended and a new subdivision 11-a is added to read as follows:
    25    4. (a) No person shall operate a bicycle with electric assist  on  any
    26  public lands or property, other than a highway exclusive of any greenway
    27  running  adjacent  to or connected with a highway, except that a bicycle
    28  with electric assist may be operated on any such lands  that  have  been
    29  designated  and  posted  for  travel by bicycles with electric assist in
    30  accordance with the provisions of paragraph (b) of this subdivision. For
    31  the purposes of this subdivision, the term  "greenway"  shall  have  the
    32  same  meaning  as  such  term is defined by subdivision seven of section
    33  44-0103 of the environmental conservation law  and  subdivision  one  of
    34  section 39.03 of the parks, recreation and historic preservation law.
    35    (b)  A  state  agency,  by  regulation  or  order, and a city, town or
    36  village, by local law or ordinance, may designate any appropriate public
    37  lands and properties under its jurisdiction, other than highways  exclu-
    38  sive of any greenway running adjacent to or connected with a highway, as
    39  a  place  open  for travel by bicycles with electric assist upon written
    40  request for such designation by any person, and may impose  restrictions
    41  and  conditions  for  the regulation and safe operation of bicycles with
    42  electric assist on such public lands or  property,  such  as  travel  on
    43  designated trails and hours of operation.
    44    (c)  Notwithstanding  the provisions of paragraphs (a) and (b) of this
    45  subdivision, no person shall  operate  a  cargo  bicycle  with  electric
    46  assist  on  any public lands or property, other than a highway exclusive
    47  of any greenway or park roadway running adjacent to or connected with  a
    48  highway.
    49    9. No person shall operate a class one or class two bicycle with elec-
    50  tric  assist in excess of twenty miles per hour. No person shall operate
    51  a class three bicycle with electric  assist  in  excess  of  twenty-five
    52  miles  per  hour.  No person shall operate a cargo bicycle with electric
    53  assist in excess of twelve miles per hour unless otherwise authorized by
    54  local law, ordinance, order, rule,  or  regulation  or  pursuant  to  an
    55  agreement made on behalf of a city, town, or village.

        A. 6748--B                          3
 
     1    11-a.  No  person  shall  operate a cargo bicycle with electric assist
     2  unless it is accompanied by proof of financial security unless otherwise
     3  authorized by local law, ordinance, order, rule, or regulation or pursu-
     4  ant to an agreement made on behalf of the city, town, or village.
     5    § 3. This act shall take effect immediately.
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