New York State "Ebike" Law

Discussion in 'General Bike Discussion' started by DrkAngel, Mar 13, 2010.

  1. DrkAngel

    DrkAngel New Member

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    This is the Ebike bill presently before the NYS Senate. ( It has already been passed by the House with a vote of 127 to 1.)

    BILL TEXT:


    STATE OF NEW YORK
    ________________________________________________________________________

    4014

    2009-2010 Regular Sessions

    IN SENATE

    April 7, 2009
    ___________

    Introduced by Sen. MORAHAN -- read twice and ordered printed, and when
    printed to be committed to the Committee on Transportation

    AN ACT to amend the vehicle and traffic law, in relation to the defi-
    nition of electric assisted bicycle

    The People of the State of New York, represented in Senate and Assem-
    bly, do enact as follows:

    1 Section 1. The vehicle and traffic law is amended by adding a new
    2 section 102-c to read as follows:
    3 § 102-c. Electric assisted bicycle. A bicycle with two or three wheels
    4 which has a saddle and fully operative pedals for human propulsion and
    5 also has an electric motor. The electric assisted bicycle's electric
    6 motor shall: have a power output of not more than one thousand watts; be
    7 incapable of propelling the device at a speed of more than twenty miles
    8 per hour on level ground; and be incapable of further increasing the
    9 speed of the device when human power is used to propel the device at or
    10 more than twenty miles per hour.

    11 § 2. Section 125 of the vehicle and traffic law, as amended by chapter
    12 365 of the laws of 2008, is amended to read as follows:
    13 § 125. Motor vehicles. Every vehicle operated or driven upon a public
    14 highway which is propelled by any power other than muscular power,
    15 except (a) electrically-driven mobility assistance devices operated or
    16 driven by a person with a disability, (a-1) electric personal assistive
    17 mobility devices operated outside a city with a population of one
    18 million or more, (b) vehicles which run only upon rails or tracks, (c)
    19 snowmobiles as defined in article forty-seven of this chapter, [and] (d)
    20 all terrain vehicles as defined in article forty-eight-B of this
    21 chapter, and (e) electric assisted bicycles as defined in section one
    22 hundred two-c of this article. For the purposes of title four of this
    23 chapter, the term motor vehicle shall exclude fire and police vehicles
    24 other than ambulances. For the purposes of titles four and five of this
    25 chapter the term motor vehicles shall exclude farm type tractors and all

    EXPLANATION--Matter in italics (underscored) is new; matter in brackets
    [ ] is old law to be omitted.
    LBD03706-02-9

    S. 4014 2

    1 terrain type vehicles used exclusively for agricultural purposes, or for
    2 snow plowing, other than for hire, farm equipment, including self-pro-
    3 pelled machines used exclusively in growing, harvesting or handling farm
    4 produce, and self-propelled caterpillar or crawler-type equipment while
    5 being operated on the contract site.
    6 § 3. The vehicle and traffic law is amended by adding a new section
    7 1238-a to read as follows:
    8 § 1238-a. Additional provisions applicable to electric assisted bicy-
    9 cles, operators and passengers. 1. In addition to complying with all of
    10 the rules, regulations and provisions applicable to bicycles contained
    11 in this article, an electric assisted bicycle as defined in section one
    12 hundred two-c of this chapter shall comply with the following require-
    13 ments:
    14 (a) Meet the equipment and manufacturing requirements for bicycles
    15 adopted by the Consumer Product Safety Commission (16 C.F.R. 1512.1, et
    16 seq.) or the requirements adopted by the National Highway Traffic Safety
    17 Administration (49 C.F.R. 571.1, et seq.) in accordance with the
    18 National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. Sec.
    19 1381, et seq.) for motor driven cycles; and
    20 (b) Operate in a manner so that the electric motor is disengaged or
    21 ceases to function when the brakes are applied, or operate in a manner
    22 such that the motor is engaged through a switch or mechanism that, when
    23 released, will cause the electric motor to disengage or cease to func-
    24 tion.
    25 2. Notwithstanding the provisions of section twelve hundred thirty-
    26 eight of this article, no person less than sixteen years of age shall
    27 operate or ride as a passenger upon an electric assisted bicycle, and no
    28 person sixteen years of age or older shall allow any person less than
    29 sixteen years of age to operate or ride as a passenger upon such bicy-
    30 cle.
    31 3. No person sixteen years of age or older shall operate or ride as a
    32 passenger on an electric assisted bicycle unless such person is wearing
    33 a helmet meeting standards established by the commissioner. For the
    34 purposes of this subdivision, wearing a helmet means having a helmet of
    35 good fit fastened securely on the head of such wearer with the helmet
    36 straps securely fastened.
    37 4. (a) Any person who violates the provisions of subdivision two or
    38 three of this section shall pay a civil fine not to exceed fifty
    39 dollars.
    40 (b) The court shall waive any fine for which a person who violates the
    41 provisions of subdivision three of this section would be liable if such
    42 person supplies the court with proof that between the date of violation
    43 and the appearance date for such violation such person purchased or
    44 rented a helmet.
    45 (c) The court may waive any fine for which a person who violates the
    46 provisions of subdivision three of this section would be liable if the
    47 court finds that due to reasons of economic hardship such person was
    48 unable to purchase a helmet or due to such economic hardship such person
    49 was unable to obtain a helmet from the statewide in-line skate and bicy-
    50 cle helmet distribution program, as established in section two hundred
    51 six of the public health law, or a local distribution program.
    52 5. The failure of any person to comply with the provisions of this
    53 section shall not constitute contributory negligence or assumption of
    54 risk, and shall not in any way bar, preclude or foreclose an action for
    55 personal injury or wrongful death by or on behalf of such person, nor in
    56 any way diminish or reduce the damages recoverable in any such action.


    S. 4014 3

    1 6. A police officer shall only issue a summons for a violation of
    2 subdivision two or three of this section by a person less than sixteen
    3 years of age to the parent or guardian of such person if the violation
    4 by such person occurs in the presence of such person's parent or guardi-
    5 an and where such parent or guardian is eighteen years of age or more.
    6 Such summons shall only be issued to such parent or guardian, and shall
    7 not be issued to the person less than sixteen years of age.
    8 § 4. This act shall take effect immediately.


    Comments can be posted here:
    S4014 - NY Senate Open Legislation - MORAHAN - Defines the term electric assisted bicycle - New York State Senate


    [​IMG] EZip Engineering 101 [​IMG]
     
  2. Grape Ape

    Grape Ape Younger than Hack Tavern Member

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    How is this law being accepted by those making and using e-bikes? Is this in line with what should be out there or is this something that the e-bike community is not happy with?
     

  3. Ykick

    Ykick New Member

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    I don't have much problem with it - 1000W motor upper limit is better than most. Under 20MPH is pretty much the national standard.

    My only complaint about wording is in regard to operative pedals and saddle - those that suffer from hemmoroids and bad knees often use motored kick scooters (footbikes, sidewalkers) meeting the same electrical specs. Technically, those aren't defined by this bill but at least it's heading in the right direction.
     
  4. DrkAngel

    DrkAngel New Member

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    Plusses - minusses

    Plus!

    Ebikes legal!
    1000w motor - exceeds Federal guidelines.

    Minus!

    Must wear helmet!
    Must be 16 or older!
    No motor "assist" past 20mph!

    Been "stuck" in the NY Senate for more than a year! :confused:

    Passed NY House, vote was 127 to 1!
     
  5. Veloteq

    Veloteq Industry Professional

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    Actually, it has been stuck in the NY Senate for over five years. It has been lacking a sponsor and I strongly suspect that downstate (NYC) interests are largely responsible for it being stuck in committee. These are some of our scooter-type ebikes that is [​IMG]recognized as and ebike and not a motor vehicle in nearly every state in the country, as well as all major Canadian provinces. We are also bringing out a full line of traditionally styled ebikes this year and a true hybrid gas/electric scooter. Check our Company News page for a look at the iBike hybrid.
     

    Attached Files:

  6. ViBiker

    ViBiker Banned

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    New York State Senate vs eBike Bill

    Every year ... this Bill is passed, nearly unanimously, by the Assembly.
    In it's 6th year, it now is nearing consideration, by the Senate.
    But, it has died in the Senate every time.
    This year, on the first session day, it was "REFERRED TO TRANSPORTATION", where it sat from Jan 4 - May15.
    The Transportation Committee passed the Bill unanimously and placed it on the Senate calender, for the next days session.
    Where it has sat ... ignored ... for the past 4 weeks.

    I have been following this Bill closely, this year, even to the extent of watching the live video stream of the Senate sessions.
    Sadly, the sessions seem to consist of prolonged, self aggrandizing speeches, to an empty room(?), followed by a very brief and barely intelligible chant of Bill considerations.

    With 2 weeks of session remaining, I foresee no hope for this Bill.
    The Senators seem to have little interest in making a contribution towards a greener or cleaner State.

    Sadly ... New York State imports between 15 - 20 Billion dollars worth of "Oil" annually.
    That is sucking ~$20,000,000,000 away from the NY economy ... every year!
    Money that is sucked out of the State, and mostly, out of the Country ... never to support our economy, jobs, families again

    That means, an additional, $4000 sucked away from each and every family (of 4)... every year.

    You would think that the Senators might be smart enough to take a step towards stemming this arterial bleed.
    At the very least, in an election year, is it wise, to blatantly ignore a simple positive stride?
     
    Last edited: Jun 11, 2012
  7. Industry_Hack

    Industry_Hack Total noob (& forum admin) Admin Staff Tavern Member

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    Those Veloteq things are electric scooters. I don't feel they should be lumped in with electric assisted bicycles.
     
  8. ViBiker

    ViBiker Banned

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    $6680 sucked away from each and every family


    Oops!
    My bad!

    I generously based my figures on 4.6% of "imported" (non-USA) oil.
    NYS has negligible oil production.
    Actual NYS oil imports would be 67% more. (includes USA production)
    So -
    Sadly ... New York State imports between 25 - 33.4 Billion dollars worth of "Oil" annually.
    That is sucking ~$33,400,000,000 away from the NY economy ... every year!
    That means, an additional, $6680 sucked away from each and every family (of 4)... every year.

    $30 Billion leaving the State ... every year ... getting worse, constantly ... with no end in sight!
     
    Last edited: Jun 13, 2012
  9. Industry_Hack

    Industry_Hack Total noob (& forum admin) Admin Staff Tavern Member

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    I might have to question that math.
     
  10. ViBiker

    ViBiker Banned

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    New York State Barrels of "oil" used (annual) - 308,658,000 *
    Crude oil (May 1, 2012) - $106/Barrel
    New York State annual oil imports, at May 1, 2012 price = $32,717,748,000
    Divided by 20,000,000 NYS population =
    $1636 per person =
    $6544 per family of 4 - sucked away from the New York State economy ... every year.

    * "Oil" use - by State

    PS It gets worse! Most of this "oil" is processed-refined "out of State", so cost is even higher!
     
    Last edited: Jun 13, 2012
  11. Industry_Hack

    Industry_Hack Total noob (& forum admin) Admin Staff Tavern Member

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    That math is so far-fetched, it doesn't even qualify as conjecture. What % is used by NYC taxis shuttling around tourists that are contributing to the local economy? City dwellers that don't own cars, and suburbanites that take the train in and out of the city skew that figure something terrible. It's really a pointless exercise.
     
  12. ViBiker

    ViBiker Banned

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    New York State pays other countries and States $32 Billion, every year for "oil".
    Trying to justify this - because a microscopic percentage of this money (taxi cabs) is used to facilitate tourist income is, at best, irrelevant and, at worst ... just ridiculous.

    I'm not claiming that oil is not necessary, or beneficial.
    I just want people to realize how costly it is ...
    and help them make informed decisions about when alternatives might be advisable.

    My point is that.
    This is money that leaves the State, permanently, draining the States economy.

    .
    What? That has nothing to do with the New York State hemorrhage of money for oil. ... ???
     
    Last edited: Jun 13, 2012
  13. Industry_Hack

    Industry_Hack Total noob (& forum admin) Admin Staff Tavern Member

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    What does the state of New York do with their $32 billion dollars of oil? Where does it go? How is it used?
     
  14. ViBiker

    ViBiker Banned

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    Typical percentages ...
    Industrial - includes the agricultural, manufacturing, construction, and mining industries.

    [​IMG]


    What a barrel of crude oil makes.
    Product Gallons per Barrel
    Gasoline ........................................................................... 19.4
    Distillate Fuel Oil ................................................................ 10.5
    (Includes both home heating oil and diesel fuel)
    Kerosene-Type Jet Fuel ........................................................ 4.1
    Coke ................................................................................. 2.2
    Residual Fuel Oil .................................................................. 1.7
    (Heavy oils used as fuels in industry, marine
    transportation, and for electric power generation)
    Liquefied Refinery Gases ...................................................... 1.5
    Still Gas ............................................................................. 1.8
    Asphalt and Road Oil ............................................................ 1.4
    Raw Material for Petrochemicals .............................................. 1.1
    Lubricants .......................................................................... 0.4
    Kerosene ............................................................................ 0.2
    Other ................................................................................ 0.4
     

    Attached Files:

    Last edited: Jun 14, 2012
  15. ViBiker

    ViBiker Banned

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    Gas Price Breakdown

    Gas price breakdown



    ...................................... Branded ....................... I
    ........ [​IMG]... [​IMG]... [​IMG]..... [​IMG].... [​IMG].... [​IMG].... [​IMG].... [​IMG] ..
    Jun 11 $0.43 $2.36 $0.73 $0.02 $0.09 $0.36 $0.18 $4.16 :

    $2.36 - Price of gasoline ("raw")
    $1.16 - Refinery Costs & Profits + Distribution Costs & Profits
    $0.65 - Taxes
    $4.17 - Gas - at the pump (Based on California prices)
     
    Last edited: Jun 22, 2012
  16. ViBiker

    ViBiker Banned

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    A seemingly comprehensive listing shows New York State with 0 Petroleum refineries.
    http://en.wikipedia.org/wiki/List_of_oil_refineries#United_States
    This means that NYS pays other States to refine it's oil as well as for a percentage of the Distribution, Costs Marketing Costs & Profits.

    $2.36 - Price of gasoline ("raw")
    $0.73 - Refinery Costs & Profits
    $0.22 - Distribution Costs, Marketing Costs & Profits (~ 50%? of $0.43 )
    $3.31 - Gas per gallon - leaving the State

    $3.31/$2.36 = 1.40 = an additional 40% in cost of imported "oil".

    New York State Barrels of "oil" used (annual) - 308,658,000 *
    Crude oil (May 1, 2012) - $106/Barrel + 40% = $148.40
    New York State annual oil imports, at May 1, 2012 price = $32,717,748,000 + 40% = $45,804,847,200
    Divided by 20,000,000 NYS population =
    $1636 + 40% = $2290.40 per person =
    $6544 + 40% = $9161.60 per family of 4 - sucked away from the New York State economy ... every year.

    * "Oil" use - by State
     
    Last edited: Jun 22, 2012
  17. ChrisRider

    ChrisRider Junior Member

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    You guys in the USA are lucky to have electric bike laws like that, here in Australia our laws are very limited, which is also stopping the market from going mainstream
     
  18. Industry_Hack

    Industry_Hack Total noob (& forum admin) Admin Staff Tavern Member

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    Australian laws are extremely restrictive.
     
  19. ViBiker

    ViBiker Banned

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    NYS eBike Bill - 2013

    Perhaps for the first time the eBike Bill is being considered in the New York State Assembly and Senate at the beginning of their "calendar".
    (Referred to Transportation committee)

    This gives rise to a bit of hope for an eBike legality law.
    For about 6 years, this Bill has been passed, almost unanimously by the Assembly, but then allowed to die in the Senate ... every year!

    Unfortunately the Assembly version allows a 1000w motor while the Senate version limits the motor to 750w.
    This is the type of petty conflict that is liable to make sure that it will never become a law.

    http://open.nysenate.gov/legislation/bill/A1618-2013

    http://open.nysenate.gov/legislation/bill/S390-2013

    Both of these links allow comments.
     
    Last edited: Jan 13, 2013
  20. newleaf150

    newleaf150 Deranged Touring Cyclist Tavern Member

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    Too bad, Vi. If political types were 1/8th as good at getting things done as they are at attacking members of the opposing party, I bet we wouldn't even recognize this country.