NY Veh & Traf L § 1242-A (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 7 - Rules of the Road Article 34 - Operation of Bicycles and Play Devices 1242-A - Operation of a Bicycle With Electric Assist While Under the Influence of Alcohol or Drugs.

§  1242-a. Operation of a bicycle with electric assist while under the influence of alcohol or drugs.  1.  Offenses;  criminal  penalties.  (a) Operating  a  bicycle  with  electric  assist while ability impaired. No person shall operate a bicycle with electric assist while  the  person's ability  to operate such bicycle with electric assist is impaired by the consumption of alcohol.  (i) A violation of this paragraph shall be a  traffic  infraction  and shall be punishable by a fine of not more than three hundred dollars, or by  imprisonment  in  a  penitentiary  or  county jail for not more than fifteen days, or by both such fine and imprisonment.  (ii) A person who operates a bicycle with electric assist in violation of this paragraph after having been convicted  of  a  violation  of  any paragraph  of  this subdivision within the preceding five years shall be punished by a fine of not more than seven hundred fifty dollars,  or  by imprisonment  of  not  more than thirty days in a penitentiary or county jail or by both such fine and imprisonment.  (iii) A  person  who  operates  a  bicycle  with  electric  assist  in violation of this paragraph after being convicted two or more times of a violation  of any paragraph of this subdivision within the preceding ten years shall be guilty of a misdemeanor, and shall be punished by a  fine of  not  more  than one thousand dollars, or by imprisonment of not more than one hundred eighty days in a penitentiary or county jail or by both such fine and imprisonment.  (b) Operating a bicycle with electric assist  while  intoxicated;  per se.    No person shall operate a bicycle with electric assist while such person has .08 of one per centum or more by weight  of  alcohol  in  the person's  blood  as  shown  by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of  subdivision five of this section.  (c)  Operating  a  bicycle  with electric assist while intoxicated. No person shall  operate  a  bicycle  with  electric  assist  while  in  an intoxicated condition.  (d) Operating a bicycle with electric assist while ability impaired by drugs.  No person shall operate a bicycle with electric assist while the person's ability  to  operate  such  bicycle  with  electric  assist  is impaired by the use of a drug as defined in this chapter.  (e) Operating a bicycle with electric assist while ability impaired by the  combined influence of drugs or of alcohol and any drug or drugs. No person shall operate a bicycle with electric assist while  the  person's ability  to operate such bicycle with electric assist is impaired by the combined influence of drugs or of alcohol and any drug or drugs.  (f) Penalty. (i) A violation of paragraph (b), (c), (d) or (e) of this subdivision shall be a misdemeanor and shall be punishable by a fine  of not more than five hundred dollars, or by imprisonment in a penitentiary or  county  jail  for  not  more than one year, or by both such fine and imprisonment.  (ii) A person who operates a bicycle with electric assist in violation of paragraph (b), (c), (d) or (e) of this subdivision after having  been convicted  of  a  violation  of  paragraph  (b), (c), (d) or (e) of this subdivision within the preceding ten years shall be guilty of a class  E felony,  and  shall  be punished by a fine of not more than one thousand dollars or by a period of imprisonment as provided in the penal law,  or by both such fine and imprisonment.  (iii)  A  person  who  operates  a  bicycle  with  electric  assist in violation of paragraph (b), (c), (d) or (e) of  this  subdivision  after having  been  convicted of a violation of paragraph (b), (c), (d) or (e) of this subdivision two or more times within  the  preceding  ten  years shall  be guilty of a class E felony, and shall be punished by a fine of  not more than four thousand dollars or by a period  of  imprisonment  as provided in the penal law, or by both such fine and imprisonment.   2. Certain sentences prohibited. Notwithstanding any provisions of the penal   law,   no  judge  or  magistrate  shall  impose  a  sentence  of unconditional discharge for a violation of paragraph (b),  (c),  (d)  or (e) of subdivision one of this section.   3.  Sentencing;  previous  convictions. When sentencing a person for a violation of paragraph (b), (c), (d) or (e) of subdivision one  of  this section  pursuant  to  subparagraph (ii) of paragraph (f) of subdivision one of this section, the court shall consider any prior convictions  the person  may have for a violation of subdivision two, two-a, three, four, or four-a of section eleven hundred ninety-two of this title within  the preceding  ten  years.  When  sentencing  a  person  for  a violation of paragraph (b), (c), (d) or  (e)  of  subdivision  one  of  this  section pursuant  to  subparagraph  (iii) of paragraph (f) of subdivision one of this section, the court shall consider any prior convictions the  person may  have  for  a  violation  of subdivision two, two-a, three, four, or four-a of section eleven hundred ninety-two of  this  title  within  the preceding  ten  years.  When  sentencing  a  person  for  a violation of subparagraph (ii) of paragraph (a) of subdivision one of  this  section, the court shall consider any prior convictions the person may have for a violation  of  any  subdivision  of section eleven hundred ninety-two of this title within the preceding five years. When sentencing a person for a violation of subparagraph (iii) of paragraph (a) of subdivision one of this section, the court shall consider any prior convictions the  person may  have  for  a violation of any subdivision of section eleven hundred ninety-two of this title within the preceding ten years.   4.  Arrest  and  field  testing.  (a)  Arrest.   Notwithstanding   the provisions  of  section  140.10  of the criminal procedure law, a police officer may, without a warrant, arrest a person, in case of a  violation of  any  paragraph of subdivision one of this section, if such violation is coupled with an  accident  or  collision  in  which  such  person  is involved,  which  in  fact  had been committed, though not in the police officer's presence, when the officer has  reasonable  cause  to  believe that  the  violation  was  committed by such person. For the purposes of this subdivision, police officer shall  also  include  a  peace  officer authorized   to   enforce   this  chapter  when  the  alleged  violation constitutes a crime.  (b) Field testing. Every person  operating  a  bicycle  with  electric assist which has been involved in an accident shall, at the request of a police officer, submit to a breath test to be administered by the police officer. If such test indicates that such operator has consumed alcohol, the  police  officer  may  request such operator to submit to a chemical test in the manner set forth in subdivision five of this section.   5. Chemical tests; when authorized. A police officer may  request  any person  who  operates  a  bicycle  with electric assist in this state to consent to a chemical test of one or  more  of  the  following:  breath, blood,  urine,  or  saliva, for the purpose of determining the alcoholic and/or drug content of such person's blood, provided that such  test  is administered  at  the  direction  of  a police officer with respect to a chemical test of breath, urine or saliva or, with respect to a  chemical test  of  blood,  at  the  direction  of  a  police  officer: (a) having reasonable grounds to believe such person  to  have  been  operating  in violation  of  paragraph (a), (b), (c), (d) or (e) of subdivision one of this section and within two hours after  such  person  has  been  placed under  arrest  for  any  such violation; or (b) within two hours after a breath test, as provided in paragraph (b) of subdivision  four  of  this section,  indicates that alcohol has been consumed by such person and in  accordance with the rules and  regulations  established  by  the  police force of which the officer is a member.   6.  Testing  procedures.  (a)  Persons  authorized  to withdraw blood; immunity; testimony. (i)  At  the  request  of  a  police  officer,  the following  persons may withdraw blood for the purpose of determining the alcoholic or  drug  content  therein:  (A)  a  physician,  a  registered professional  nurse, a registered physician assistant, a certified nurse practitioner, or an advanced emergency medical technician  as  certified by  the  department  of  health; or (B) under the supervision and at the direction of a physician, registered physician  assistant  or  certified nurse practitioner acting within his or her lawful scope of practice, or upon  the  express  consent of the person eighteen years of age or older from  whom  such  blood  is  to  be  withdrawn:  a  clinical  laboratory technician  or  clinical  laboratory  technologist  licensed pursuant to article one hundred sixty-five of the education law; a phlebotomist;  or a  medical  laboratory  technician or medical technologist employed by a clinical laboratory approved under title five of  article  five  of  the public  health  law.  This limitation shall not apply to the taking of a urine, saliva or breath specimen.  (ii) No person entitled to withdraw blood pursuant to subparagraph (i) of this paragraph or  hospital  employing  such  person,  and  no  other employer of such person shall be sued or held liable for any act done or omitted  in  the  course of withdrawing blood at the request of a police officer pursuant to this section.  (iii) Any person who may have a  cause  of  action  arising  from  the withdrawal of blood as aforesaid, for which no personal liability exists under  subparagraph  (ii)  of  this  paragraph, may maintain such action against the state if any person entitled to withdraw blood  pursuant  to this  paragraph acted at the request of a police officer employed by the state, or against the appropriate political subdivision of the state  if such  person  acted  at  the  request  of a police officer employed by a political subdivision of  the  state.  No  action  shall  be  maintained pursuant  to  this  subparagraph unless notice of claim is duly filed or served in compliance with law.  (iv)  Notwithstanding  subparagraphs  (i),  (ii)  and  (iii)  of  this paragraph,  an  action  may  be  maintained  by the state or a political subdivision thereof against a person entitled to withdraw blood pursuant to subparagraph (i) of this paragraph or hospital employing such  person for  whose  act  or  omission the state or the political subdivision has been held liable under this paragraph to recover damages, not  exceeding the  amount awarded to the claimant, that may have been sustained by the state or the political subdivision by reason of gross negligence or  bad faith on the part of such person.  (v)  The  testimony  of any person other than a physician, entitled to withdraw blood pursuant  to  subparagraph  (i)  of  this  paragraph,  in respect  to  any  such  withdrawal  of  blood made by such person may be received in evidence with the same weight, force and effect as  if  such withdrawal of blood were made by a physician.  (vi)  The  provisions  of  subparagraphs  (ii), (iii) and (iv) of this paragraph shall also apply with regard  to  any  person  employed  by  a hospital as security personnel for any act done or omitted in the course of withdrawing blood at the request of a police officer pursuant to this section.  (b)  Right to additional test. The person tested shall be permitted to choose a physician to administer a chemical test in addition to the  one administered at the direction of the police officer.  (c)  Rules  and  regulations. The department of health shall issue and file rules and regulations approving satisfactory techniques or  methods  of  conducting  chemical  analyses of a person's blood, urine, breath or saliva and to ascertain the qualifications and competence of individuals to conduct and supervise chemical analyses of a person's  blood,  urine, breath  or saliva. If the analyses were made by an individual possessing a permit issued by the department of health, this shall  be  presumptive evidence that the examination was properly given. The provisions of this paragraph  do  not  prohibit the introduction as evidence of an analysis made by an individual other than a person possessing a permit issued  by the department of health.   7.  Chemical  test  evidence. (a) Admissibility. Upon the trial of any such action or proceeding arising out of actions alleged  to  have  been committed  by  any  person  arrested for a violation of any paragraph of subdivision one of this section, the court shall admit evidence  of  the amount  of  alcohol or drugs in the defendant's blood as shown by a test administered pursuant to the provisions  of  subdivision  five  of  this section.  (b)  Probative  value. The following effect shall be given to evidence of blood-alcohol content, as determined  by  such  tests,  of  a  person arrested for a violation of subdivision one of this section:  (i) evidence that there was .05 of one per centum or less by weight of alcohol  in  such  person's blood shall be prima facie evidence that the ability of such person to operate a bicycle with electric assist was not impaired by the consumption of alcohol, and that such person was not  in an intoxicated condition;  (ii)  evidence that there was more than .05 of one per centum but less than .07 of one per centum by weight of alcohol in such  person's  blood shall be prima facie evidence that such person was not in an intoxicated condition,  but  such evidence shall be relevant evidence, but shall not be given prima facie effect, in determining whether the ability of  such person  to  operate  a  bicycle with electric assist was impaired by the consumption of alcohol; and  (iii) evidence that there was .07 of one per centum or more  but  less than  .08  of one per centum by weight of alcohol in such person's blood shall be prima facie evidence that such person was not in an intoxicated condition, but such evidence  shall  be  given  prima  facie  effect  in determining whether the ability of such person to operate a bicycle with electric assist was impaired by the consumption of alcohol.   8.  Where  applicable. The provisions of this section shall apply upon public highways, private roads open to motor vehicle traffic, any  other parking  lot,  and  sidewalks. For the purposes of this section "parking lot" shall mean any area or  areas  of  private  property,  including  a driveway, near or contiguous to and provided in connection with premises and  used  as  a  means of access to and egress from a public highway to such premises and having a capacity for the  parking  of  four  or  more motor  vehicles.  The  provisions of this section shall not apply to any area or areas of private property comprising all or part of property  on which is situated a one or two-family residence.   9.  Enforcement  upon  crash.  Notwithstanding  any  provision of this section, no part of this section may be enforced unless  in  conjunction with  a  crash  involving an operator of a bicycle with electric assist. For the purposes of this subdivision, "crash" shall mean colliding  with a vehicle, person, building or other object.