Help make electric bicycles legal in NY

[java]

Hi, I noticed this post on "DIY Electric Car Forums"...

Currently it is illegal to operate an electric bicycle in NY state! (on public roads)

A bill (A189) was recently passed by the NY Assembly defining an "electric assisted bicycle" and would make them legal to operate on city streets.
This bill is now in the senate (S6898)

http://www.senate.state.ny.us/senate...e.nsf/senators

Go to the NY Senate page and look up who your senators are, and send em an email and tell them to pass this bill.

Here you can track the progress of NY State bills.

http://public.leginfo.state.ny.us/menuf.cgi

Assembly bill A189
Senate bill S6898

I emailed my senators and asked them to support Bill s6898. Please take the time to email your senators also. thanks

[hotbike]

Yes, I took your advice and emailed my State Senator, Senator Carl L. Marcellino

I happen to have his email address. Carl Marcellino is the State Senator for the North Shore of Long Island:

SenatorMarcellino@intelisend.net

[Dahon.Steve]

I'll never understand why New York State or City ban the electric bicycle? Do they really think people are going to exceed the speed limit?

[PattiJ39]

Thank You for the info. I e-mailed my senator today.

[mark9950]

Ride on the sidewalk.

[cerewa]

In my understanding, bicycles with electric motors are not outright banned in new york or any other U.S. state, but they have no special legal status..... meaning that they are considered motor vehicles and have to comply with the same rules as other two or three wheeled motor vehicles.

This probably means registration fees, inspection, license plates, electric turn signals, headlights and taillights on at night, insurance required. Even as a "mo-ped" which is usually a classification for vehicles that can't go over 25 or 30 miles per hour, but are allowed to have gas or electric motors.

(But if you really want to know the law where you ride, ask a lawyer.)

[benjdm]

I contacted my Senator (Bruno.) It looks like it's been languishing since February.

[vermontcathy]

How can they be illegal in NY when one of the biggest retailers is in NYC: http://nycewheels.com/? They say on their site that they are legally the same as bikes.

[donob08]

NYState Legality
Wow!
A friend showed me an NYS Brochure saying "No Motor Driven Bicycle can be used on NYS highways. That was a few days after an Ontario County Sherrif's Deputy stopped to offer help while I was changing a headlight bulb on my eZip bike at 10 pm one evening by the side of the road. I was well off the road, but had left my tail light blinking to make sure no one decided to pull off the road in the same spot I had.

The Deputy said ' Nice rig '. I guess he approved of my many reflectors on the bike, reflective vest, two headlight system, flood and spot. He said " need help, looks like you've got it handled, have a good night."

I'm not sure what the law says, but many people are just sensible.

[benjdm]

How can they be illegal in NY when one of the biggest retailers is in NYC: http://nycewheels.com/? They say on their site that they are legally the same as bikes.

I dunno. Googling is difficult, but I did find this (http://weblinks.westlaw.com/Find/Default.wl?DB=NY%2DCRR%2DF%2DTOC%3BTOCDUMMY&DocName=NYRRDMY000781006V01500&FindType=W&AP=&fn=_top&rs=WEBL8.05&vr=2.0&spa=nycrr-1000&trailtype=26&Cnt=Document):

Section 102.9. Vehicles manufactured without a motor to which a motor is later attached.

Section 2268 of the Vehicle and Traffic Law, in effect, prohibits the operation on public highways of this State of a vehicle which is primarily designed to be propelled by human power and to which a motor is attached. In accordance with section 2268 of the Vehicle and Traffic Law, the commissioner determines that any vehicle which is manufactured for retail sale without a motor, and to which a motor is attached is a motor-assisted vehicle and may not legally be operated upon the public highways of this State.

Send NYCEWheels an email and ask them?

ETA: NY state definition of a bicycle:

http://www.nysgtsc.state.ny.us/bike-vt.htm#sec102
Section 102. Definition of Bicycle, Bicycle lane and Bicycle path.

102. Bicycle. Every two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by pre-teenage children.

It specifies human power.

[JinbaIttai]

I interpret that as specifically banned on public highways, like the 495, Northern State Parkway, Southern State Parkway, etc., which is different than public streets or sidewalks. Probably any vehicle under 5hp is banned from operating on public highways.

[Antranik]

Yeah guys I think all this talk just applies to highways...

[Lt.Gustl]

The ban is specifically on motorized bicycles, so that IC engined contraptions wouldn't be screaming around underbraked and filling the air with 2 stroke fumes... Not to mention skirting the all important road tax. Mopeds must be from an approved list in which manufacturers must supply a working production model to the state to gain approval. they make no disctinction between IC engines or electric motors, and it could be argued that the intent does not cover electric assist but as far as I know there is no precedent.

While I have seen plenty of electric assist bikes in NY and also at retail bike stores I have never heard of anyone ticketed. Though there have been many targeted enforcements on go-peds in the city and surounding counties.

Who knows what can transpire in the countries most corrupt state government? It could go either way for any reason or none at all.

When they say highways in the new york state vehicle and traffic code they mean all public streets including limited access highways and toll roads.

[benjdm]

I interpret that as specifically banned on public highways, like the 495, Northern State Parkway, Southern State Parkway, etc., which is different than public streets or sidewalks. Probably any vehicle under 5hp is banned from operating on public highways.

Nope. NY State Vehicle and Traffic law, article 1, definitions:

134. Public highway. Any highway, road, street, avenue, alley, public place, public driveway or any other public way.