Electric Bikes - Help make electric bicycles legal in NY

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

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

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?

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

Ride on the sidewalk.

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.)

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

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.

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.

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.

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.

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

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.

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.

A reminder and update to java's note of April 08. We really haven't gone far in a year and a half.

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

A bill (A2393) 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 (A2393)

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

http://www.nysenate.gov/senate...e.nsf/senators

Here you can track the progress of NY State bills.

http://open.nysenate.gov/openleg/api/html/bill/A2393

I emailed my senators and asked them to support Bill A2393. Please take the time to email your senators also. thanks

A lot has happend since the original post was created a year and a half. Today, I see more electric bicycles in New York City than ever before. It seems the largest user of electic bicycles are Chinese delivery men! Who would have figured these men who make very little money are able to afford electric bicycles!

Without fail, I see them on the street EVERY DAY on their electic bicycles in midtown Manhattan which is loaded with police. None are ever arrested or given fines. This was not the case just four years ago when I used to see gas powered engines and electric scooters getting pulled over. Thanks to these delivery men and their strong organization, they made it legal so as far as I'm concerned, the battle is over.

New York law has not been amended yet and, technically, it's illegal to operate an electric bicycle anywhere but private property. Here's the NY DMV interpretation of the current ban:
* Motorized Scooter - a device with a motor attached and a handlebar for a standing rider. An example of a motorized scooter is the device called the Go-ped®.
* Mini-bike - a small, motorized device with two wheels and created for off-road use. A mini-bike does not qualify as a moped, a motorcycle or an ATV.
* Dirt Bike - a motorized device like a motorcycle, but created for and used for off-road use. Some "dirt bikes" qualify as an ATV. These vehicles can register and operate off-road as an ATV.
* Go-Kart - a small, motorized device with four wheels, created for off-road use. You cannot register a go-kart as a motor vehicle or ATV because a go-kart does not have the same equipment.
* Motor-assisted Bicycle - a bicycle to which a small motor is attached. A motor-assisted bicycle does not qualify for a registration as a motorcycle, moped or ATV and does not have the same equipment.

These devices are not allowed on any street, highway, parking lot, sidewalk or other area that allows public motor vehicle traffic. You are subject to arrest if you operate one of these motorized vehicles and do not have a registration, driver license, inspection, insurance or correct equipment. The DMV can not provide any information about operation of these devices on private property. Contact the local authorities and property owners.

http://www.nydmv.state.ny.us/dmvfaqs.htm#motor

The bill discussed in this thread has not been passed by both chambers--it's stalled in the state senate. (Remember, just like the US Congress, both chambers have to pass the bill with the same wording so amendments by one chamber have to be addressed by the other.) If the bill is not passed and signed into law before the this term of the New York Legislature ends, it dies and would have to be introduced in the next term and start from scratch again. Here's a link to a discussion of the bill on another forum.

http://www.ecoforumz.com/electric-bicycle-scooter/92525-new-york-state-nys-ebike-law.html

The NY State law regarding electrically assisted vehicle is one of the worst kind of bad laws. It's so bad that no one enforces it (as Dahon.Steve pointed out). Because it is not enforced, there is no hue and cry to get it repealed. That could be OK unless a police officer hasn't show enough productivity during a grading period or doesn't like your haircut or has some other motivation, in cases like these the law could cause trouble. I'm not saying these factors affect NYS police officers but the potential is there.

Additionally, things can potentially get worse as nwmtnbkr points out. eBikers will generate ill will by riding too fast in sensitive areas on high powered "sports ebike". It may result from scaring walkers or showing up people who have spent months developing the legs to get that speed on their own.

nwmtnbkr makes a good point about some ebikes moving faster than expected and therefor getting to intersection/collisions sooner than expected.

I think this is particularly true of people who ride "sports ebikes" as if they were motorcycles with little pedaling. I think we all estimate the speed of a bicycle based on the apparent effort the rider is applying to the pedals. If we see some applying lots of "carbo" energy to the pedals, we expect speed. If we see leisurely pedalling, we expect a leisurely progression of the bike.

Lucky for me, with my conditioning, I have to work my butt off to make much progress. In New York State, it's good to look like you are working hard at pedaling.