N.Y. General Business Law § 391-cc: Sale of bicycles with electric assist and micromobility devices

§ 391-cc. Sale of bicycles with electric assist and micromobility

devices. 1. As used in this section, "micromobility device" shall mean

an electric scooter as defined in section one hundred fourteen-e of the

vehicle and traffic law, an electrical personal assistive mobility

device as defined in section one hundred fourteen-d of the vehicle and

traffic law, or other personal mobility device that has an electric

motor. The term micromobility device shall not include bicycles with

electric assist as defined by section one hundred two-c of the vehicle

and traffic law, limited use motorcycles as defined in section one

hundred twenty-one-b of the vehicle and traffic law, wheelchairs or

other electrically driven mobility assistance devices as defined in

section one hundred thirty-a of the vehicle and traffic law, or any

vehicle that is capable of being registered with the department of motor

vehicles.

2. No person, firm, partnership, association, or corporation shall

sell or offer for sale at retail any bicycle with electric assist as

defined by section one hundred two-c of the vehicle and traffic law or

micromobility device to any person, firm, partnership, association, or

corporation, without supplying a notice to be affixed to such bicycle

with electric assist or micromobility device by the person, firm,

partnership, association, or corporation. Such notice shall have an

adhesive backing, be made from common materials used to affix other

comparable notices or stickers to vehicles and be printed in English and

the two most common non-English languages spoken in the state, based on

the data in the most recent American Community Survey published by the

United States Census Bureau. Such notice shall read:

"NOTICE: Always yield to pedestrians and follow traffic laws. Riding

on the sidewalk may be illegal; consult local laws."

3. The department of state, in consultation with appropriate state

agencies, shall promulgate rules and regulations necessary to implement

the provisions of this section.

4. Violation of this section by the retail entity pursuant to

subdivision two of this section shall be punishable by a fine of not

more than two hundred fifty dollars per stocking unit for the first

offense and not more than one thousand dollars per stocking unit for

each subsequent offense.

5. This section shall not annul, alter, affect, or exempt any person,

firm, partnership, corporation, or association, subject to the

provisions of this section from complying with the laws, ordinances,

rules, or regulations of any locality, relating to the affixing,

labeling, or provision of identification, safety, informational, or

other materials.