Chris Nolte
Well-Known Member
As some of you may have heard, we are looking to move our shop to Brooklyn. As such we are looking at getting real clear on the laws in NYC concerning electric bikes. Below I have made a list of some resources along with my understanding of the law thus far.
I hope to develop a website to help clarify this stuff, but I figured putting up a discussion here first would be helpful.
update 11/19/2016: Court and I did a quick video together discussing the state of things. Check it out below.
Current Related Laws
NYC Laws
Local Law 40
A Local Law to amend the administrative code of the city of New York, in relation to the enforcement of motor scooter provisions.
Law:
Section 1. Subdivisions a and d of section 19-176.2 of the administrative code of the city of New York, as added by local law number 51 for the year 2004, are amended to read as follows:
a. For purposes of this section, the term "motorized scooter" shall mean any wheeled device that has handlebars that is designed to be stood or sat upon by the operator, is powered by an electric motor or by a gasoline motor that is capable of propelling the device without human power and is not capable of being registered with the New York State Department of Motor Vehicles. For the purposes of this section, the term motorized scooter shall not include wheelchairs or other mobility aids designed for use by disabled persons[, electric powered devices not capable of exceeding fifteen miles per hour or "electric personal assistive mobility devices" defined as self-balancing, two non-tandem wheeled devices designed to transport one person by means of an electric propulsion system].
d. Any motorized scooter that has been used or is being used in violation of the provisions of this section may be impounded and shall not be released until any and all removal charges and storage fees and the applicable fines and civil penalties have been paid or a bond has been posted in an amount satisfactory to the [police] commissioner of the agency that impounded such vehicle.
§ 2. This local law shall take effect one hundred eighty days after it shall have become law, except that the commissioners of the police department and the department of parks and recreation shall take all actions necessary, including the promulgation of rules, to implement this local law on or before the date upon which it shall take effect.
My take: This law makes electric bikes with throttles illegal, but leaves the option to use pedal assisted bikes, as highlighted in bold above.
Link to Law:
http://legistar.council.nyc.gov/Leg...092&GUID=3138BFA9-4D11-4F3B-A06B-9FB3A04511CA
Local law 41
A Local Law to amend the administrative code of the city of New York, in relation to the prohibition of motor scooter use by businesses.
Law:
Be it enacted by the Council as follows:
Section 1. Section 10-157 of the administrative code of the city of New York is amended to add a new subdivision k to read as follows:
k. A business using a bicycle for commercial purposes shall not possess any motorized scooter and shall not permit any employee of such business to operate such a motorized scooter on behalf of such business. A business using a bicycle for commercial purposes shall be liable for any violation of section 19-176.2(b) of this code committed by an employee of such business while such employee is operating a motorized scooter on behalf of such business. For purposes of this section, "motorized scooter" shall be as defined in section 19-176.2 of this code.
§ 2. This local law shall take effect one hundred eighty days after it shall have become law, except that the commissioners of the department of transportation and the police department shall take all actions necessary, including the promulgation of rules, to implement this local law on or before the date upon which it shall take effect.
My take: This law further expands on local law 40 to further the consequences of utilizing a electric bicycle defined as unacceptable in law 40. In other words, businesses are not allowed to use throttle powered bikes, but they may use pedal-assisted bikes as they are not defined as motor scooters by the law.
Link to Law:
http://legistar.council.nyc.gov/Leg...-0539-4F5A-AD30-16EAD7F7A95F&Options=&Search=
NYS Laws
Federal Electric Bike Law:
HR 727
To amend the Consumer Product Safety Act to provide that low-speed electric bicycles are consumer products subject to such Act.
Law:
SECTION 1. CONSUMER PRODUCT SAFETY ACT.
The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end the following:
low-speed electric bicycles
Sec. 38. (a) Notwithstanding any other provision of law, low-speed electric bicycles are consumer products within the meaning of section 3(a)(1) and shall be subject to the Commission regulations published at section 1500.18(a)(12) and part 1512 of title 16, Code of Federal Regulations.
(b) For the purpose of this section, the term `low-speed electric bicycle' means a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.
(c) To further protect the safety of consumers who ride low-speed electric bicycles, the Commission may promulgate new or amended requirements applicable to such vehicles as necessary and appropriate.
(d) This section shall supersede any State law or requirement with respect to low-speed electric bicycles to the extent that such State law or requirement is more stringent than the Federal law or requirements referred to in subsection (a).
SEC. 2. MOTOR VEHICLE SAFETY STANDARDS.
For purposes of motor vehicle safety standards issued and enforced pursuant to chapter 301 of title 49, United States Code, a low-speed electric bicycle (as defined in section 38(b) of the Consumer Product Safety Act) shall not be considered a motor vehicle as defined by section 30102(6) of title 49, United States Code.
My take: This law makes it easy for states that are dragging their feet on enacting new legislation like NY. electric bikes are considered legal across the US, provided they have operational pedals and the throttle doesn't propel you past 20mph.
Link to Law:
https://www.congress.gov/bill/107th-congress/house-bill/727/text
NY Legislation:
S390A-2013
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.
Bill:
Section 1 of the bill acids a new Section 102-c to the vehicle and traffic 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 have a power output of no more than seven hundred fifty watts, and should be incapable of propelling the device at a speed of twenty miles per hour or more on level ground. The electric motor should also be incapable of further increasing the speed of the device when human power 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 1238-a 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.
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.
Link to Bill:
http://open.nysenate.gov/legislation/bill/S390A-2013
My Take: The above bill spent two years as a bill and will now need to be re-introduced in order for it to have the potential to become a law. Most likely it will get re-introduced, but some are hoping that some requirements will be removed, including the passenger and helmet provisions. There are many parties involved in lobbying for a new bill and I will post info about them below.
Advocates in the Industry (we need to support them, as they are supporting us):
People for Bikes
Transportation Alternatives
New York Bike Coalition
Bike New York
SRAM Cycling Fund
League of American Cyclists
I will add more info here as I have time, but I figured this is a good place to start. Feel free to reach out with any questions or concerns or if there is anyway I can be of assistance. We finally have the support of most of the industry and leading bike advocacy groups, so this next legislative session (Jan-Jun 2015) looks very promising.
I'm sure I'm probably missing some stuff, so please let me know and I will add it.
I hope to develop a website to help clarify this stuff, but I figured putting up a discussion here first would be helpful.
update 11/19/2016: Court and I did a quick video together discussing the state of things. Check it out below.
Current Related Laws
NYC Laws
Local Law 40
A Local Law to amend the administrative code of the city of New York, in relation to the enforcement of motor scooter provisions.
Law:
Section 1. Subdivisions a and d of section 19-176.2 of the administrative code of the city of New York, as added by local law number 51 for the year 2004, are amended to read as follows:
a. For purposes of this section, the term "motorized scooter" shall mean any wheeled device that has handlebars that is designed to be stood or sat upon by the operator, is powered by an electric motor or by a gasoline motor that is capable of propelling the device without human power and is not capable of being registered with the New York State Department of Motor Vehicles. For the purposes of this section, the term motorized scooter shall not include wheelchairs or other mobility aids designed for use by disabled persons[, electric powered devices not capable of exceeding fifteen miles per hour or "electric personal assistive mobility devices" defined as self-balancing, two non-tandem wheeled devices designed to transport one person by means of an electric propulsion system].
d. Any motorized scooter that has been used or is being used in violation of the provisions of this section may be impounded and shall not be released until any and all removal charges and storage fees and the applicable fines and civil penalties have been paid or a bond has been posted in an amount satisfactory to the [police] commissioner of the agency that impounded such vehicle.
§ 2. This local law shall take effect one hundred eighty days after it shall have become law, except that the commissioners of the police department and the department of parks and recreation shall take all actions necessary, including the promulgation of rules, to implement this local law on or before the date upon which it shall take effect.
My take: This law makes electric bikes with throttles illegal, but leaves the option to use pedal assisted bikes, as highlighted in bold above.
Link to Law:
http://legistar.council.nyc.gov/Leg...092&GUID=3138BFA9-4D11-4F3B-A06B-9FB3A04511CA
Local law 41
A Local Law to amend the administrative code of the city of New York, in relation to the prohibition of motor scooter use by businesses.
Law:
Be it enacted by the Council as follows:
Section 1. Section 10-157 of the administrative code of the city of New York is amended to add a new subdivision k to read as follows:
k. A business using a bicycle for commercial purposes shall not possess any motorized scooter and shall not permit any employee of such business to operate such a motorized scooter on behalf of such business. A business using a bicycle for commercial purposes shall be liable for any violation of section 19-176.2(b) of this code committed by an employee of such business while such employee is operating a motorized scooter on behalf of such business. For purposes of this section, "motorized scooter" shall be as defined in section 19-176.2 of this code.
§ 2. This local law shall take effect one hundred eighty days after it shall have become law, except that the commissioners of the department of transportation and the police department shall take all actions necessary, including the promulgation of rules, to implement this local law on or before the date upon which it shall take effect.
My take: This law further expands on local law 40 to further the consequences of utilizing a electric bicycle defined as unacceptable in law 40. In other words, businesses are not allowed to use throttle powered bikes, but they may use pedal-assisted bikes as they are not defined as motor scooters by the law.
Link to Law:
http://legistar.council.nyc.gov/Leg...-0539-4F5A-AD30-16EAD7F7A95F&Options=&Search=
NYS Laws
Federal Electric Bike Law:
HR 727
To amend the Consumer Product Safety Act to provide that low-speed electric bicycles are consumer products subject to such Act.
Law:
SECTION 1. CONSUMER PRODUCT SAFETY ACT.
The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end the following:
low-speed electric bicycles
Sec. 38. (a) Notwithstanding any other provision of law, low-speed electric bicycles are consumer products within the meaning of section 3(a)(1) and shall be subject to the Commission regulations published at section 1500.18(a)(12) and part 1512 of title 16, Code of Federal Regulations.
(b) For the purpose of this section, the term `low-speed electric bicycle' means a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.
(c) To further protect the safety of consumers who ride low-speed electric bicycles, the Commission may promulgate new or amended requirements applicable to such vehicles as necessary and appropriate.
(d) This section shall supersede any State law or requirement with respect to low-speed electric bicycles to the extent that such State law or requirement is more stringent than the Federal law or requirements referred to in subsection (a).
SEC. 2. MOTOR VEHICLE SAFETY STANDARDS.
For purposes of motor vehicle safety standards issued and enforced pursuant to chapter 301 of title 49, United States Code, a low-speed electric bicycle (as defined in section 38(b) of the Consumer Product Safety Act) shall not be considered a motor vehicle as defined by section 30102(6) of title 49, United States Code.
My take: This law makes it easy for states that are dragging their feet on enacting new legislation like NY. electric bikes are considered legal across the US, provided they have operational pedals and the throttle doesn't propel you past 20mph.
Link to Law:
https://www.congress.gov/bill/107th-congress/house-bill/727/text
NY Legislation:
S390A-2013
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.
Bill:
Section 1 of the bill acids a new Section 102-c to the vehicle and traffic 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 have a power output of no more than seven hundred fifty watts, and should be incapable of propelling the device at a speed of twenty miles per hour or more on level ground. The electric motor should also be incapable of further increasing the speed of the device when human power 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 1238-a 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.
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.
Link to Bill:
http://open.nysenate.gov/legislation/bill/S390A-2013
My Take: The above bill spent two years as a bill and will now need to be re-introduced in order for it to have the potential to become a law. Most likely it will get re-introduced, but some are hoping that some requirements will be removed, including the passenger and helmet provisions. There are many parties involved in lobbying for a new bill and I will post info about them below.
Advocates in the Industry (we need to support them, as they are supporting us):
People for Bikes
Transportation Alternatives
New York Bike Coalition
Bike New York
SRAM Cycling Fund
League of American Cyclists
I will add more info here as I have time, but I figured this is a good place to start. Feel free to reach out with any questions or concerns or if there is anyway I can be of assistance. We finally have the support of most of the industry and leading bike advocacy groups, so this next legislative session (Jan-Jun 2015) looks very promising.
I'm sure I'm probably missing some stuff, so please let me know and I will add it.
Last edited:
The "CBS2 Investigates" was almost an all-out attack on e-bikes. The "story" almost classifies as sensationalism, definitely has nothing to do with objective journalism.
