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04-17-08, 11:09 AM
Bill (S6898)
An act to amend the vehicle and traffic law, in relation to the defi-
nition of electric assisted bicycle
PURPOSE:
This bill clarifies the vehicle and traffic law to define electric
assisted bicycles; establish that electric assisted bicycles, as
defined, are bicycles, not motor vehicles; and establish safety and
operational criteria for their use.
SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new Section 102-c to the vehicle and traf-
fic law, defining electric assisted bicycles as: A bicycle with two or
three wheels which has a saddle and fully operative pedals for human
propulsion, and also has an electric motor. However, the electric motor
should not have a power output of more than one thousand watts, and
should be incapable of propelling the device at a speed of more than
twenty miles per hour on level ground. The electric motor should also be
incapable of further increasing the speed of the device when human power
alone is used to propel the device at or more than twenty miles per
hour.
Section 2 adds an exception in section 125 of the vehicle and traffic
law to the statutory definition of motor vehicle for electric assisted
bicycles.
Section 3 adds a new section 1240 to the vehicle and traffic law, making
the rules, regulations and provisions of the vehicle and traffic law
applicable to bicycles applicable to electric assisted bicycles; makes
the federal equipment and manufacturing requirements for bicycles or
motor driven cycles applicable to electric assisted bicycles; and adds
the following operational and safety requirements for electric assisted
bicycles: electric motor disengagement criteria; all operators and
passengers are required to wear bicycle helmets; and no one under the
age of 16 may operate or as a passenger on an electric assisted bicycle
and establishes the civil fine and enforcement procedures for failure to
wear a helmet.
Section 4 is the effective date.
EXISTING LAW:
None.
JUSTIFICATION:
Defining and establishing operational criteria for electric assisted
bicycles will clarify for authorities that these vehicles are more akin
to bicycles than motorcycles. This will assist in interpreting the
application of the appropriate vehicle and traffic laws to operators and
passengers of these vehicles.
An act to amend the vehicle and traffic law, in relation to the defi-
nition of electric assisted bicycle
PURPOSE:
This bill clarifies the vehicle and traffic law to define electric
assisted bicycles; establish that electric assisted bicycles, as
defined, are bicycles, not motor vehicles; and establish safety and
operational criteria for their use.
SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new Section 102-c to the vehicle and traf-
fic law, defining electric assisted bicycles as: A bicycle with two or
three wheels which has a saddle and fully operative pedals for human
propulsion, and also has an electric motor. However, the electric motor
should not have a power output of more than one thousand watts, and
should be incapable of propelling the device at a speed of more than
twenty miles per hour on level ground. The electric motor should also be
incapable of further increasing the speed of the device when human power
alone is used to propel the device at or more than twenty miles per
hour.
Section 2 adds an exception in section 125 of the vehicle and traffic
law to the statutory definition of motor vehicle for electric assisted
bicycles.
Section 3 adds a new section 1240 to the vehicle and traffic law, making
the rules, regulations and provisions of the vehicle and traffic law
applicable to bicycles applicable to electric assisted bicycles; makes
the federal equipment and manufacturing requirements for bicycles or
motor driven cycles applicable to electric assisted bicycles; and adds
the following operational and safety requirements for electric assisted
bicycles: electric motor disengagement criteria; all operators and
passengers are required to wear bicycle helmets; and no one under the
age of 16 may operate or as a passenger on an electric assisted bicycle
and establishes the civil fine and enforcement procedures for failure to
wear a helmet.
Section 4 is the effective date.
EXISTING LAW:
None.
JUSTIFICATION:
Defining and establishing operational criteria for electric assisted
bicycles will clarify for authorities that these vehicles are more akin
to bicycles than motorcycles. This will assist in interpreting the
application of the appropriate vehicle and traffic laws to operators and
passengers of these vehicles.