Amd Art 34 Art Head, Art 34-D Art Head, §§1242 & 1282, add §§1244, 1245, 1290 & 1291, V & T L
Requires license plates for certain bicycles with electric assist and electric scooters; requires a person be eighteen years of age to operate or purchase bicycles with electric assist and electric scooters.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8838
SPONSOR: Jackson TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to requiring
license plates for certain bicycles with electric assist and electric
scooters and requiring a person be eighteen years of age to operate or
purchase bicycles with electric assist and electric scooters
PURPOSE OR GENERAL IDEA OF BILL:
To regulate the use and sale of certain bicycles with electric assist
and electric scooters.
SUMMARY OF PROVISION:
Section 1: Amends the heading of article 34 of the vehicle and traffic
law, amending chapter 694 of the laws of 1995 to read as follows:
Registration and Operation of Bicycles and Play Devices
Section 2: Amends the vehicle and traffic law by adding two new sections
1244 and 1245. Section 1244 outlines the registration and license plates
of electric bicycles. Section 1245 includes the sale of bicycles with
electric assist.
Section 3: Amends subdivision 2 of section 1242, adds section 8 of part
XX of chapter 58 of the laws of 2020, includes new age requirement for
operating bicycles with electric assist..
Section 4: Amends the heading of article 34-d of the vehicle and traffic
law, adding section 10 of part XX of chapter 58 of the laws of 2020,
reads as follows: Registration and Operation of Electric Scooters
Section 5: Amends the vehicle and traffic law by adding two new sections
1290 and 1291. Section 1290 outlines the registration and license plates
of electric scooters. Section 1291 includes the sale of electric scoot-
ers.
Section 6: Amends subdivision 4 of section 1282 of the vehicle and traf-
fic law, adds section 10 of part XX of chapter 58 of the laws of 2020,
includes new age requirement for operating electric scooters.
Section 7: This act shall take effect on the first of January next
succeeding the date on which it shall have become a law.
JUSTIFICATION:
In 2023, New York City witnessed a significant increase in fatalities
related to electric scooters and electric bicycles. Motorized vehicles
surpassed traditional bicycles in fatalities, raising concerns for
statewide street safety. According to the Department of Transportation,
electric scooters were involved in six deaths, and pedaled e-bikes were
associated with twelve fatal crashes as of July 4, 2023. FDNY also
reported that lithium-ion battery fires from e-bikes and e-scooters
resulted in 18 fatalities and 133 injuries. These alarming statistics
highlight an urgency to implement regulations such as requiring license
plates and establishing an age limit. These regulations address account-
ability issues, aid in accident investigations, and reduce hit-and-run
incidents. These regulations also address safety concerns, mitigate
risks, and guard the use and sale of electric-assist bicycles and scoot-
ers.
PRIOR LEGISLATIVE HISTORY:
A7916 of 2023-24; Referred to Transportation
A8471 of 2023-24; Referred to Transportation
S1372 of 2023-24; Referred to Transportation
S7732 of 2023-24; Referred to Transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
8838
IN ASSEMBLY
January 18, 2024
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring
license plates for certain bicycles with electric assist and electric
scooters and requiring a person be eighteen years of age to operate or
purchase bicycles with electric assist and electric scooters
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The article heading of article 34 of the vehicle and traf-
2 fic law, as amended by chapter 694 of the laws of 1995, is amended to
3 read as follows:
4 REGISTRATION AND OPERATION OF BICYCLES AND PLAY DEVICES
5 § 2. The vehicle and traffic law is amended by adding two new sections
6 1244 and 1245 to read as follows:
7 § 1244. Registration of certain bicycles with electric assist. 1.
8 Every bicycle with electric assist which has an electric motor that does
9 not cease to provide assistance when such bicycle or scooter reaches a
10 speed of forty miles per hour shall be registered and issued a license
11 plate by the department. No person shall operate such a bicycle with
12 electric assist on the public highways unless such bicycle with electric
13 assist shall have a distinctive number assigned to it by the commission-
14 er and a number plate issued by the commissioner with a number corre-
15 sponding to that of the certificate of registration.
16 2. Such license plates shall be of such material, form, design and
17 dimensions and contain or set forth such distinguishing number or other
18 identification marks as the commissioner shall prescribe, provided,
19 however, that there shall be at all times a marked contrast between the
20 color of the number plates and that of the numerals or letters thereon,
21 and provided further that no such bicycle with electric assist shall
22 display the number plates of more than one state at a time, nor shall
23 any plate be used other than those issued by the commissioner.
24 3. Each such license plate shall identify whether such bicycle with
25 electric assist is personal or commercial in nature.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13112-01-3
A. 8838 2
1 4. Each such license plate shall be conspicuously displayed on the
2 rear of the bicycle with electric assist, securely fastened so as to
3 prevent the same from swinging.
4 5. The fee for such license plates shall be a nominal fee determined
5 by the commissioner.
6 § 1245. Sale of bicycles with electric assist. 1. No person shall sell
7 a bicycle with electric assist to a person less than eighteen years of
8 age.
9 2. No person shall accept as written evidence of age by any such
10 person for the purchase of a bicycle with electric assist any document
11 other than: (a) a valid driver's license or non-driver identification
12 card issued by the commissioner of motor vehicles, the federal govern-
13 ment, any United States territory, commonwealth or possession, the
14 District of Columbia, a state government within the United States or a
15 provincial government of the dominion of Canada; or (b) a valid passport
16 issued by the United States government or any other country; or (c) an
17 identification card issued by the armed forces of the United States.
18 3. Upon the sale of a bicycle with electric assist, the seller shall
19 submit to the commissioner, in a form and manner as provided for by
20 regulations promulgated by the commissioner, a copy of the written
21 evidence of age provided by the purchaser.
22 § 3. Subdivision 2 of section 1242 of the vehicle and traffic law, as
23 added by section 8 of part XX of chapter 58 of the laws of 2020, is
24 amended to read as follows:
25 2. No person less than [sixteen] eighteen years of age shall operate a
26 bicycle with electric assist. The failure of any person to comply with
27 the provisions of this subdivision shall not constitute contributory
28 negligence or assumption of risk, and shall not in any way bar, preclude
29 or foreclose an action for personal injury or wrongful death by or on
30 behalf of such person, nor in any way diminish or reduce the damages
31 recoverable in any such action.
32 § 4. The article heading of article 34-d of the vehicle and traffic
33 law, as added by section 10 of part XX of chapter 58 of the laws of
34 2020, is amended to read as follows:
35 REGISTRATION AND OPERATION OF ELECTRIC SCOOTERS
36 § 5. The vehicle and traffic law is amended by adding two new sections
37 1290 and 1291 to read as follows:
38 § 1290. Registration of certain electric scooters. 1. Every electric
39 scooter which has an electric motor that does not cease to provide
40 assistance when such bicycle or scooter reaches a speed of forty miles
41 per hour shall be registered and issued a license plate by the depart-
42 ment. No person shall operate such an electric scooter on the public
43 highways unless such electric scooter shall have a distinctive number
44 assigned to it by the commissioner and a number plate issued by the
45 commissioner with a number corresponding to that of the certificate of
46 registration.
47 2. Such license plates shall be of such material, form, design and
48 dimensions and contain or set forth such distinguishing number or other
49 identification marks as the commissioner shall prescribe, provided,
50 however, that there shall be at all times a marked contrast between the
51 color of the number plates and that of the numerals or letters thereon,
52 and provided further that no such electric scooter shall display the
53 number plates of more than one state at a time, nor shall any plate be
54 used other than those issued by the commissioner.
55 3. Each such license plate shall identify whether such electric scoot-
56 er is personal or commercial in nature.
A. 8838 3
1 4. Each such license plate shall be conspicuously displayed on the
2 rear of the electric scooter, securely fastened so as to prevent the
3 same from swinging.
4 5. The fee for such license plates shall be a nominal fee determined
5 by the commissioner.
6 § 1291. Sale of electric scooters. 1. No person shall sell an electric
7 scooter to a person less than eighteen years of age.
8 2. No person shall accept as written evidence of age by any such
9 person for the purchase of an electric scooter any document other than:
10 (a) a valid driver's license or non-driver identification card issued by
11 the commissioner of motor vehicles, the federal government, any United
12 States territory, commonwealth or possession, the District of Columbia,
13 a state government within the United States or a provincial government
14 of the dominion of Canada; or (b) a valid passport issued by the United
15 States government or any other country; or (c) an identification card
16 issued by the armed forces of the United States.
17 3. Upon the sale of an electric scooter, the seller shall submit to
18 the commissioner, in a form and manner as provided for by regulations
19 promulgated by the commissioner, a copy of the written evidence of age
20 provided by the purchaser.
21 § 6. Subdivision 4 of section 1282 of the vehicle and traffic law, as
22 added by section 10 of part XX of chapter 58 of the laws of 2020, is
23 amended to read as follows:
24 4. No person less than [sixteen] eighteen years of age shall operate
25 or ride as a passenger upon an electric scooter, and no person [sixteen]
26 eighteen years of age or older shall allow any person less than
27 [sixteen] eighteen years of age to operate or ride as a passenger upon
28 such scooter.
29 § 7. This act shall take effect on the first of January next succeed-
30 ing the date on which it shall have become a law. Effective immediately,
31 the addition, amendment and/or repeal of any rule or regulation neces-
32 sary for the implementation of this act on its effective date are
33 authorized to be made and completed on or before such effective date.
