2023 New York Laws › VAT - Vehicle and Traffic › Title 7 - Rules of the Road › Article 34 - Operation of Bicycles and Play Devices › 1242 - Additional Provisions Applicable to Bicycles With Electric Assist.

§  1242.  Additional  provisions  applicable to bicycles with electric
assist. 1. In addition to complying with all of the rules,  regulations,
and  provisions  applicable  to  bicycles  contained  in  this  article,
bicycles with electric assist shall operate in  a  manner  so  that  the
electric  motor  is disengaged or ceases to function when the brakes are
applied or the rider stops pedaling, or operate in a  manner  such  that
the  electric  motor is engaged through a switch or mechanism that, when
released, will cause  the  electric  motor  to  disengage  or  cease  to
function.
2.  No  person  less than sixteen years of age shall operate a bicycle
with electric assist. The failure of  any  person  to  comply  with  the
provisions   of  this  subdivision  shall  not  constitute  contributory
negligence or assumption of risk, and shall not in any way bar, preclude
or foreclose an action for personal injury or wrongful death  by  or  on
behalf  of  such  person,  nor in any way diminish or reduce the damages
recoverable in any such action.
3.  (a)  Except  as  provided  in  paragraphs  (b)  and  (c)  of  this
subdivision,  the  governing  body  of any city, town or village may, by
local law or ordinance, further regulate the time, place and  manner  of
the  operation  of  bicycles  with  electric  assist  including, but not
limited to, maximum speed, requiring the use of protective headgear, and
the wearing of  readily  visible  reflective  clothing  or  material  by
operators  of bicycles with electric assist, and may limit, prohibit the
use thereof in specified areas, or prohibit entirely the use of bicycles
with electric assist within such city, town or  village,  provided  that
adequate  signage  is  visibly  posted  outside  the  boundaries of such
prohibited areas.
(b) The governing body of any city, town or village in the counties of
Nassau or Suffolk may, by local law or ordinance, further  regulate  the
time,  place  and  manner  of  the  operation  of bicycles with electric
assist, including, but not limited to, maximum speed, requiring the  use
of  protective  headgear,  and the wearing of readily visible reflective
clothing or material by operators of bicycles with electric assist  only
after  adoption of a local law or ordinance by the governing body of the
county in which the city, town or village is located. Provided, however,
that the provisions of this paragraph shall not apply to the adoption of
a local law or ordinance by a city, town or village in the  counties  of
Nassau  or  Suffolk  pursuant to the provisions of paragraph (a) of this
subdivision to prohibit the use of  bicycles  with  electric  assist  in
specified  areas, or prohibit entirely the use of bicycles with electric
assist within such city, town or village, provided that adequate signage
is visibly posted outside the boundaries of such prohibited areas.
(c) The governing body of  any  town  or  village  in  the  county  of
Westchester  may,  by local law or ordinance, further regulate the time,
place and manner of the operation  of  bicycles  with  electric  assist,
including,  but  not  limited  to,  maximum  speed, requiring the use of
protective headgear, and  the  wearing  of  readily  visible  reflective
clothing  or material by operators of bicycles with electric assist only
after adoption of a local law or ordinance  by  the  governing  body  of
Westchester  county.  Provided,  however,  that  the  provisions of this
paragraph shall not apply to the adoption of a local law or ordinance by
a town  or  village  in  the  county  of  Westchester  pursuant  to  the
provisions  of  paragraph (a) of this subdivision to prohibit the use of
bicycles with electric assist in specified areas, or  prohibit  entirely
the  use  of  bicycles with electric assist within such town or village,
provided that adequate signage is visibly posted outside the  boundaries
of such prohibited areas.
4.  (a)  No person shall operate a bicycle with electric assist on any
public lands or property, other than a highway exclusive of any greenway
running adjacent to or connected with a highway, except that  a  bicycle
with  electric  assist  may be operated on any such lands that have been
designated  and  posted  for  travel by bicycles with electric assist in
accordance with the provisions of paragraph (b) of this subdivision. For
the purposes of this subdivision, the term  "greenway"  shall  have  the
same  meaning  as  such  term is defined by subdivision seven of section
44-0103 of the environmental conservation law  and  subdivision  one  of
section 39.03 of the parks, recreation and historic preservation law.
(b)  A  state  agency,  by  regulation  or  order, and a city, town or
village, by local law or ordinance, may designate any appropriate public
lands  and  properties  under  its  jurisdiction,  other  than  highways
exclusive  of  any  greenway  running  adjacent  to  or connected with a
highway, as a place open for travel by  bicycles  with  electric  assist
upon  written request for such designation by any person, and may impose
restrictions and conditions for the regulation  and  safe  operation  of
bicycles  with electric assist on such public lands or property, such as
travel on designated trails and hours of operation.
5. (a) No  bicycle  with  electric  assist  shall  be  operated  on  a
sidewalk,  except  as  may  be  authorized  by  a local law or ordinance
adopted by a  city,  town  or  village  having  jurisdiction  over  such
sidewalk  including  parking on certain sidewalks within such city, town
or village in compliance with the federal  Americans  with  Disabilities
Act of 1990, as amended (Public Law 101-336).
(b)  (i)  Notwithstanding  the  provisions  of  paragraph  (a) of this
subdivision, a bicycle with electric assist owned by  a  natural  person
where  the  owner  is  engaged  in  personal  use may park on a sidewalk
whether  attended  or  unattended.  A  city,  town  or  village   having
jurisdiction  over  such  sidewalk  shall  provide  a  method by which a
bicycle with electric assist owned by a natural person may be identified
as such.
(ii)  Notwithstanding  the  provisions  of  paragraph  (a)   of   this
subdivision,  a  bicycle with electric assist used to transport property
in commerce may temporarily park on  a  sidewalk,  whether  attended  or
unattended,  for  the purpose of and while actually engaged commercially
in the loading or unloading of property. A city, town or village  having
jurisdiction  over  such  sidewalk  shall  provide  a  method by which a
bicycle with electric assist used to transport property in commerce  may
be identified as such.
(iii)  No person shall park a bicycle with electric assist pursuant to
this paragraph in a manner that interferes  with  the  free  passage  of
pedestrians on a sidewalk.
6.  Every  person operating a bicycle with electric assist shall yield
the right of way to pedestrians.
7. Notwithstanding the provisions of subdivision (b) of section twelve
hundred thirty-four of this article to the contrary,  persons  operating
bicycles with electric assist upon a roadway shall ride single file.
8. Except as may be otherwise provided by local law, ordinance, order,
rule  or  regulation  enacted or promulgated pursuant to this article, a
bicycle with electric assist may only be operated  on  highways  with  a
posted  speed  limit  of  thirty  miles  per  hour  or  less,  including
non-interstate public highways, private  roads  open  to  motor  vehicle
traffic, and designated bicycle or in-line skate lanes.
9.  No  person  shall  operate  a  class one or class two bicycle with
electric assist in excess of twenty miles  per  hour.  No  person  shall
operate  a  class  three  bicycle  with  electric  assist  in  excess of
twenty-five miles per hour.
10. The operation of  a  class  three  bicycle  with  electric  assist
outside  of  a  city  having  a  population  of  one  million or more is
prohibited.
11.  (a)  No  person,  firm, association or corporation engaged in the
business of selling or leasing bicycles with electric assist shall  sell
or  lease  any  bicycle with electric assist on or after June first, two
thousand  twenty-two  unless  such  bicycle  with  electric  assist  has
permanently  affixed  thereto, in a prominent location, a manufacturer's
label which shall include the following information: the class,  maximum
motor-assisted  speed,  and  motor wattage of such bicycle with electric
assist. Manufacturers and distributors of bicycles with electric  assist
shall,  by  April first, two thousand twenty-two, establish a process by
which an owner of a bicycle with electric assist may request and  obtain
a  manufacturer's  label  providing  the  class,  maximum motor-assisted
speed, and motor wattage applicable to his or her bicycle with  electric
assist  purchased  prior  to  June  first,  two  thousand twenty-two and
installation instructions from such manufacturers and distributors.
(b) No person shall operate a bicycle  with  electric  assist  on  any
public  highway  or  street in this state after June first, two thousand
twenty-two unless such bicycle  with  electric  assist  has  permanently
affixed  thereto,  in  a  prominent  location,  a  manufacturer's  label
providing the class, maximum motor-assisted speed, and motor wattage  of
such   bicycle  with  electric  assist.  Any  person  who  violates  the
provisions of this paragraph shall be punished by a civil fine of up  to
fifty  dollars.  The  court  shall waive any fine for which a person who
violates the provisions of this paragraph would be liable if such person
supplies the court with proof that, between the date on which he or  she
is  charged  with having violated this paragraph and the appearance date
for such violation, a manufacturer's label was affixed  to  his  or  her
bicycle  with  electric  assist as required by this paragraph. Provided,
however, that such waiver of  fine  shall  not  apply  to  a  second  or
subsequent conviction under this paragraph.
12. A violation of the provisions of subdivision two, five, six, nine,
or  ten of this section shall result in a civil fine not to exceed fifty
dollars.
13. A police officer shall only issue a summons  for  a  violation  of
this section by a person less than sixteen years of age to the parent or
guardian  of  such  person if the violation by such person occurs in the
presence of such person's parent or guardian and where  such  parent  or
guardian  is  eighteen years of age or older. Such summons shall only be
issued to such parent or guardian, and shall not be issued to the person
less than sixteen years of age.