N.Y. Vehicle & Traffic Law § 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.