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.
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.
