§ 1242 — Additional provisions applicable to bicycles with electric assist

§ 1242. Additional provisions applicable to bicycles with electric\nassist. 1. In addition to complying with all of the rules, regulations,\nand provisions applicable to bicycles contained in this article,\nbicycles with electric assist shall operate in a manner so that the\nelectric motor is disengaged or ceases to function when the brakes are\napplied or the rider stops pedaling, or operate in a manner such that\nthe electric motor is engaged through a switch or mechanism that, when\nreleased, will cause the electric motor to disengage or cease to\nfunction.\n 2. No person less than sixteen years of age shall operate a bicycle\nwith electric assist. The failure of any person to comply with the\nprovisions of this subdivision shall not constitute contributory\nnegligence or assumption of risk, and shall not in any way bar, preclude\nor foreclose an action for personal injury or wrongful death by or on\nbehalf of such person, nor in any way diminish or reduce the damages\nrecoverable in any such action.\n 3. (a) Except as provided in paragraphs (b) and (c) of this\nsubdivision, the governing body of any city, town or village may, by\nlocal law or ordinance, further regulate the time, place and manner of\nthe operation of bicycles with electric assist including, but not\nlimited to, maximum speed, requiring the use of protective headgear, and\nthe wearing of readily visible reflective clothing or material by\noperators of bicycles with electric assist, and may limit, prohibit the\nuse thereof in specified areas, or prohibit entirely the use of bicycles\nwith electric assist within such city, town or village, provided that\nadequate signage is visibly posted outside the boundaries of such\nprohibited areas.\n (b) The governing body of any city, town or village in the counties of\nNassau or Suffolk may, by local law or ordinance, further regulate the\ntime, place and manner of the operation of bicycles with electric\nassist, including, but not limited to, maximum speed, requiring the use\nof protective headgear, and the wearing of readily visible reflective\nclothing or material by operators of bicycles with electric assist only\nafter adoption of a local law or ordinance by the governing body of the\ncounty in which the city, town or village is located. Provided, however,\nthat the provisions of this paragraph shall not apply to the adoption of\na local law or ordinance by a city, town or village in the counties of\nNassau or Suffolk pursuant to the provisions of paragraph (a) of this\nsubdivision to prohibit the use of bicycles with electric assist in\nspecified areas, or prohibit entirely the use of bicycles with electric\nassist within such city, town or village, provided that adequate signage\nis visibly posted outside the boundaries of such prohibited areas.\n (c) The governing body of any town or village in the county of\nWestchester may, by local law or ordinance, further regulate the time,\nplace and manner of the operation of bicycles with electric assist,\nincluding, but not limited to, maximum speed, requiring the use of\nprotective headgear, and the wearing of readily visible reflective\nclothing or material by operators of bicycles with electric assist only\nafter adoption of a local law or ordinance by the governing body of\nWestchester county. Provided, however, that the provisions of this\nparagraph shall not apply to the adoption of a local law or ordinance by\na town or village in the county of Westchester pursuant to the\nprovisions of paragraph (a) of this subdivision to prohibit the use of\nbicycles with electric assist in specified areas, or prohibit entirely\nthe use of bicycles with electric assist within such town or village,\nprovided that adequate signage is visibly posted outside the boundaries\nof such prohibited areas.\n 4. (a) No person shall operate a bicycle with electric assist on any\npublic lands or property, other than a highway exclusive of any greenway\nrunning adjacent to or connected with a highway, except that a bicycle\nwith electric assist may be operated on any such lands that have been\ndesignated and posted for travel by bicycles with electric assist in\naccordance with the provisions of paragraph (b) of this subdivision. For\nthe purposes of this subdivision, the term "greenway" shall have the\nsame meaning as such term is defined by subdivision seven of section\n44-0103 of the environmental conservation law and subdivision one of\nsection 39.03 of the parks, recreation and historic preservation law.\n (b) A state agency, by regulation or order, and a city, town or\nvillage, by local law or ordinance, may designate any appropriate public\nlands and properties under its jurisdiction, other than highways\nexclusive of any greenway running adjacent to or connected with a\nhighway, as a place open for travel by bicycles with electric assist\nupon written request for such designation by any person, and may impose\nrestrictions and conditions for the regulation and safe operation of\nbicycles with electric assist on such public lands or property, such as\ntravel on designated trails and hours of operation.\n 5. (a) No bicycle with electric assist shall be operated on a\nsidewalk, except as may be authorized by a local law or ordinance\nadopted by a city, town or village having jurisdiction over such\nsidewalk including parking on certain sidewalks within such city, town\nor village in compliance with the federal Americans with Disabilities\nAct of 1990, as amended (Public Law 101-336).\n (b) (i) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a bicycle with electric assist owned by a natural person\nwhere the owner is engaged in personal use may park on a sidewalk\nwhether attended or unattended. A city, town or village having\njurisdiction over such sidewalk shall provide a method by which a\nbicycle with electric assist owned by a natural person may be identified\nas such.\n (ii) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a bicycle with electric assist used to transport property\nin commerce may temporarily park on a sidewalk, whether attended or\nunattended, for the purpose of and while actually engaged commercially\nin the loading or unloading of property. A city, town or village having\njurisdiction over such sidewalk shall provide a method by which a\nbicycle with electric assist used to transport property in commerce may\nbe identified as such.\n (iii) No person shall park a bicycle with electric assist pursuant to\nthis paragraph in a manner that interferes with the free passage of\npedestrians on a sidewalk.\n 6. Every person operating a bicycle with electric assist shall yield\nthe right of way to pedestrians.\n 7. Notwithstanding the provisions of subdivision (b) of section twelve\nhundred thirty-four of this article to the contrary, persons operating\nbicycles with electric assist upon a roadway shall ride single file.\n 8. Except as may be otherwise provided by local law, ordinance, order,\nrule or regulation enacted or promulgated pursuant to this article, a\nbicycle with electric assist may only be operated on highways with a\nposted speed limit of thirty miles per hour or less, including\nnon-interstate public highways, private roads open to motor vehicle\ntraffic, and designated bicycle or in-line skate lanes.\n 9. No person shall operate a class one or class two bicycle with\nelectric assist in excess of twenty miles per hour. No person shall\noperate a class three bicycle with electric assist in excess of\ntwenty-five miles per hour.\n 10. The operation of a class three bicycle with electric assist\noutside of a city having a population of one million or more is\nprohibited.\n 11. (a) No person, firm, association or corporation engaged in the\nbusiness of selling or leasing bicycles with electric assist shall sell\nor lease any bicycle with electric assist on or after June first, two\nthousand twenty-two unless such bicycle with electric assist has\npermanently affixed thereto, in a prominent location, a manufacturer's\nlabel which shall include the following information: the class, maximum\nmotor-assisted speed, and motor wattage of such bicycle with electric\nassist. Manufacturers and distributors of bicycles with electric assist\nshall, by April first, two thousand twenty-two, establish a process by\nwhich an owner of a bicycle with electric assist may request and obtain\na manufacturer's label providing the class, maximum motor-assisted\nspeed, and motor wattage applicable to his or her bicycle with electric\nassist purchased prior to June first, two thousand twenty-two and\ninstallation instructions from such manufacturers and distributors.\n (b) No person shall operate a bicycle with electric assist on any\npublic highway or street in this state after June first, two thousand\ntwenty-two unless such bicycle with electric assist has permanently\naffixed thereto, in a prominent location, a manufacturer's label\nproviding the class, maximum motor-assisted speed, and motor wattage of\nsuch bicycle with electric assist. Any person who violates the\nprovisions of this paragraph shall be punished by a civil fine of up to\nfifty dollars. The court shall waive any fine for which a person who\nviolates the provisions of this paragraph would be liable if such person\nsupplies the court with proof that, between the date on which he or she\nis charged with having violated this paragraph and the appearance date\nfor such violation, a manufacturer's label was affixed to his or her\nbicycle with electric assist as required by this paragraph. Provided,\nhowever, that such waiver of fine shall not apply to a second or\nsubsequent conviction under this paragraph.\n 12. A violation of the provisions of subdivision two, five, six, nine,\nor ten of this section shall result in a civil fine not to exceed fifty\ndollars.\n 13. A police officer shall only issue a summons for a violation of\nthis section by a person less than sixteen years of age to the parent or\nguardian of such person if the violation by such person occurs in the\npresence of such person's parent or guardian and where such parent or\nguardian is eighteen years of age or older. Such summons shall only be\nissued to such parent or guardian, and shall not be issued to the person\nless than sixteen years of age.\n