New York State ebike legislation
- Thread starter Dewey
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Saratoga Dave
Well-Known Member
I don‘t know about NYC, but up along the Hudson Valley Rail Trail and the Walkway Over The Hudson, nobody cares. Ebikes are pretty common. Hopefully some rational person - yeah, in NY, I know - will cause this part of the law to be modified at some point, but right now the cops are all too busy abusing citizens to worry about a stinking ebike here or there.
SATIRE ALERT, I am a proudly retired cop of almost 30 years on the job. Glad to be out, thank heaven.
SATIRE ALERT, I am a proudly retired cop of almost 30 years on the job. Glad to be out, thank heaven.
Bill_12831
Member
So I bought my Trek Allant +7s which is pedal assist only up to 28mph. They told me it was legal at the Saratoga Trek store. Is my bike illegal in upstate NY? I don't know how anyone would know the difference between the Allant +7 which only goes to 20MPH vs. the Allant +7s which goes to 28mph
Al P
Well-Known Member
Bill, I wouldn't worry about it. I doubt the local police have received more than a memo, if that, about the ebike regulations. Even if they did, they would only use it under special circumstances. For instance, if someone gives them a hard time, or for a serious accident. They have more important things to do.
Dewey
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According to this Streetsblog article signs are now going up on the NYC Greenway saying "No motor vehicles, E-Bikes, E-Scooters". Recall this is because one or two vocal and influential members of the Hudson River Park Friends leaned on State Senators for Manhattan to get the exception written into NY State's 2020 E-bike bill.
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Art Deco
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Yes indeed. I don't want my insurance company to be able to say "Oh that's an illegal bike you were riding when that truck clipped you. No coverage for you"
AaronXander
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As a New York Native, well Western New York area (Niagara Falls) does anyone know what the law is for here? or is the law only for NYC? I just ordered the XP yesterday and hopefully I can ride it legal again for getting somewhat exercise and regain strength that i lost in my knees for having seizures
reed scott
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Made your bed ....
Dewey
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I think it was either this flawed and inequitable compromise imposed by the Governor that affects upstate NY e-bike owners and NYC e-bike commuters, or no E-bike legalization and delivery riders would continue to have their bikes confiscated by NYPD. I hope NYC Council and state assembly can work together to remove the regulatory impediments inserted by the haters.
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All of the nonesense in NY will be shutdown soon enough. Neither People for Bikes, the 26 states with 3-class laws, or NYs goofy redefine will have any legal standing much longer in my opinion. The CPSC is going to step in because all these states are essentially putting requirements on the ebike prior to entering interstate commerce which is a NO-NO going back to the start of the CPSC. They will exercise their preemptive power which will establish their definition as was just fine for 12+ years before People for Bikes received lobby money to push the EU harmonized class table (never about safety that was just their koolaid for the masses).
If you live in NY and you ride a CPSC compliant ebike keep this with you and let the law makers know what is coming. The congressional notes on HR727 clearly indicate that the intent of the definition of a "low speed electric bicycle" was for them to be as another other bike, such that all bikes, including LSEBs are "use" regulated as equivalent vehicles (but ebikes are not to be considered to be motor vehicles which is something the state lawyers can't technically understand). I'm driving the preemption effort...
Commission precedent is clearly implied on a decision where preemption was actually not exercised when an advisory opinion was requested in mid-1978 on state(s) requiring bicycle lighting when riding at night…
Per CPSC records….
“Our [September 12] opinion should have included some additional discussion about the preemption question that your letter raised. The requirement you described, for lighting on bicycles ridden at night, is clearly one which defines how a consumer must use a bicycle. In contrast, the Commission's regulation sets requirements which a bicycle must meet when introduced into interstate commerce. Because the Commission's regulation does not define how a consumer may or may not use a bicycle, the Commission believes that the Federal Hazardous Substances Act does not prohibit states or localities from issuing or enforcing a requirement that lighting be used on bicycles ridden at night. Please note that this advice concerning a "use" requirement is based on an assumption. For the purpose of answering your question, we have assumed that the state or local requirement would not have the effect of setting any requirement which a bicycle must meet at the time it enters interstate commerce.”
Clearly implied is that preemption would have been exercised if the states required lighting at the time a bike enters interstate commerce. States are claiming the 3-class law is “use” only legislation but it requires the class programming, labeling, and speedometer to be implemented at the time the ebike enters interstate commerce. Preemption exists where a federal law expressly states it preempts state law as HR727 explicitly does state. Unquestionably, precedence exists to justify preemption decision.
Commission precedent is clearly implied on a decision where preemption was actually not exercised when an advisory opinion was requested in mid-1978 on state(s) requiring bicycle lighting when riding at night…
Per CPSC records….
“Our [September 12] opinion should have included some additional discussion about the preemption question that your letter raised. The requirement you described, for lighting on bicycles ridden at night, is clearly one which defines how a consumer must use a bicycle. In contrast, the Commission's regulation sets requirements which a bicycle must meet when introduced into interstate commerce. Because the Commission's regulation does not define how a consumer may or may not use a bicycle, the Commission believes that the Federal Hazardous Substances Act does not prohibit states or localities from issuing or enforcing a requirement that lighting be used on bicycles ridden at night. Please note that this advice concerning a "use" requirement is based on an assumption. For the purpose of answering your question, we have assumed that the state or local requirement would not have the effect of setting any requirement which a bicycle must meet at the time it enters interstate commerce.”
Clearly implied is that preemption would have been exercised if the states required lighting at the time a bike enters interstate commerce. States are claiming the 3-class law is “use” only legislation but it requires the class programming, labeling, and speedometer to be implemented at the time the ebike enters interstate commerce. Preemption exists where a federal law expressly states it preempts state law as HR727 explicitly does state. Unquestionably, precedence exists to justify preemption decision.
Explorer-1
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I didn't see this video anywhere on the forums so I thought I would post it here and then probably in general as well.
Dewey
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And now Prospect Park bans ebikes
Source:
Source:
elliot friedman
Active Member
prospect park rule must be new.
there were plenty e-bikes over the past summer months.
there were plenty e-bikes over the past summer months.
Dewey
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Cops ticketing ebike riders in Riverside Park, NYC
It's the same thing on West Side Highway bikeway. Those signs are all over the place there which makes no sense because its a F*CKING BIKEWAY. What do they want, people to actually ride their bikes IN TRAFFIC on 12th Ave and die? Ridiculous, backwards, counterproductive and just outright stupid.
Art Deco
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I hate to hit "like" on that post, but it really means "don't like" . NY state law seems to just be a mess regarding ebikes.
Dewey
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NYPD this morning were enforcing ebike & scooter ban in Prospect Park
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