New York State Senate Bill S1357 (Definition of ebike)

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New York State Senate Bill S1357 (Definition of ebike)

Post by Lock » May 04 2011 4:18pm

Over a year ago the Senate Transportation Committee referred the bill to the Codes Committee and on Jan.6, 2011 Codes finally referred it back to Transportation...
http://open.nysenate.gov/legislation/bill/S1357-2011

Transportation Committee meeting of January 19, 2011:
(This link will just ya straight to 19 minutes 4 sec near the end of the session)
http://www.youtube.com/watch?v=u6b_e3GKJT8#t=19m04s


"...at the request of the sponsor the bill is being held"

That'd be Senator Martin Malavé Dilan (D) 17th Senate District:
http://www.nysenate.gov/senator/martin-malave-dilan
Albany Office
188 State Street Room 903, Legislative Office Building
Albany, NY 12247
United States
Phone: (518) 455-2177
Fax: (518) 426-6947

District Office
786 Knickerbocker Avenue
Brooklyn, NY 11207
United States
Phone: (718) 573-1726
Fax: (718) 573-2407

Email address: dilan@nysenate.gov
He's also on Facebook:
http://www.facebook.com/MMDilan?sk=wall

Anybuddy here a constituent of the Good Senator that can contact him please to ask nicely watts up with his bill? Why did HE now put it on hold?

Tks
Lock
Last edited by Lock on May 04 2011 4:29pm, edited 1 time in total.
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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by neptronix » May 04 2011 4:24pm

Sorry for the OT, but Lock, thanks for posting this. You really do the electric bicycle world a service by bringing these sorts of things to our attention.

Salute!
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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by Lock » May 04 2011 4:29pm

New Yorkers are my neighbours. :)

It'd be nice to see the market for ebikes grow by another 20 million folks!
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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by grindz145 » May 04 2011 5:21pm

F them, I don't need ebikes to be legal.... :evil:

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by DrkAngel » May 05 2011 6:58am

You can post your comments to the NYS (New York State) Congress, here:

Comments on the NYS eBike Bill

This Bill has passed, almost unanimously, in the Assembly, every year. Then it is held up, killed, in the Senate, every year!

Caution! The posts are moderated, so any with profanity etc, will be disallowed, and the poster, possibly, blocked.
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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by Lock » May 05 2011 7:13am

DrkAngel wrote:You can post your comments to the NYS (New York State) Congress, here:
Comments on the NYS eBike Bill
And the latest comment
Dysfctnl1 3 weeks ago
But any revisions need to approved by the assembly which also has already passed the bill. So the Senate need s to vote and the assembly needs to revote. Another year which it will not pass
Not sure is this latest draft does or does not include any revisions since approval by the Assembly...

Still say direct contact w/the Senator might shed the most light

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by grindz145 » May 05 2011 8:39am

I have virtually given up all hope on any reasonable legalities wrt ebikes in NYS....sigh :roll:

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by justadad1957 » May 05 2011 9:16am

hmm so what does the bill really mean
at least 16 yrs old
a helmet (most are worthless)
1000w max
20 mph top speed
no passengers (tow behinds?)
brake cutoffs

well it would be nice to see speed limits as posted for all vehicles

maybe i didnt read it correctly
is there any reason this should be held up?

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by grindz145 » May 05 2011 11:28am

justadad1957 wrote:hmm so what does the bill really mean
at least 16 yrs old
a helmet (most are worthless)
1000w max
20 mph top speed
no passengers (tow behinds?)
brake cutoffs

well it would be nice to see speed limits as posted for all vehicles

maybe i didnt read it correctly
is there any reason this should be held up?
I've broken every one of those terms on the past week alone.. :mrgreen:

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by Lessss » May 05 2011 9:34pm

Obviously the bill is being held up until someone makes some donations to the appropriate people.
Welcome to "dumb mockery see?" .
Give me nuclear batteries I say!!

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by DrkAngel » Jul 04 2011 7:45am

NYS eBike Bill amended!

The major amendments seem to be:
750w limit
Liability issues no longer specified

NYS eBike bill - S1357B

Hopefully, we might finally ... get this Bill enacted!

Still required:
Committee vote
Senate vote
Resubmission to Assembly
A committee, or 2?
Assembly vote
Governor signing
90 day wait , till enactment

Possibly, legal eBikes ... sometime in 2012?
Last edited by DrkAngel on Jul 04 2011 9:36am, edited 1 time in total.
A little learning is a dangerous thing;
Drink deep, or taste not the Pierian spring:
There, shallow draughts intoxicate the brain,
And drinking largely, sobers us again.

I enjoy enlightening ... and enlivening the spirit of the innovators.

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by Lock » Jul 04 2011 9:30am

So it's back to the Rules Committee now? Rules seems to meet EVery day, but has a lot on its plate...

Lock
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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by wasp » Jul 04 2011 10:14am

grindz145 wrote:F them, I don't need ebikes to be legal.... :evil:
+1

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by Jason27 » Jul 04 2011 12:18pm

Where is Bert and the NYCEWHEEs folks on this?

Why are they not getting involved with the law making ? Their store is in NYC!

An ebike ban would be very bad for their business
My ebike:
Diamondback with WE 800 watt hub motor with AllCell 48V 20AH Lithium Manganese battery pack.

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by DrkAngel » Jul 04 2011 12:44pm

Jason27 wrote:Where is Bert and the NYCEWHEEs folks on this?

Why are they not getting involved with the law making ? Their store is in NYC!

An ebike ban would be very bad for their business
EBikes have always been illegal, in NYS!
However, since a variation of this Bill was introduced, in the NYS Assembly, about 5 years ago, ebikes have not been specifically enforced against.
If you get stopped for another reason, wrong way on one way street, BWI, (Bikin' While Intoxicated), etc.
There is the option of:
DWI
Unregistered motor vehicle
No insurance
All sorts of nasty.

Yes, I have been waiting and lobbying for this Bill!
A little learning is a dangerous thing;
Drink deep, or taste not the Pierian spring:
There, shallow draughts intoxicate the brain,
And drinking largely, sobers us again.

I enjoy enlightening ... and enlivening the spirit of the innovators.

New & Improved - Acronym Definitions

Index - Homemade Battery Packs - Updated - December 2019

EBike Toolbox - Bargains! $

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by 999zip999 » Jul 04 2011 1:34pm

I ride without my shorts and they never stop me... Why ???

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by DrkAngel » Jul 04 2011 1:56pm

DrkAngel wrote:NYS eBike Bill amended!

The major amendments seem to be:
750w limit
Liability issues no longer specified
Helmet required, under 18 years old

NYS eBike bill - S1357B

Hopefully, we might finally ... get this Bill enacted!

Still required:
Committee vote
Senate vote
Resubmission to Assembly
A committee, or 2?
Assembly vote
Governor signing
90 day wait , till enactment

Possibly, legal eBikes ... sometime in 2012?
DrkAngel wrote:
Jason27 wrote:Where is Bert and the NYCEWHEEs folks on this?

Why are they not getting involved with the law making ? Their store is in NYC!

An ebike ban would be very bad for their business
EBikes have always been illegal, in NYS!
However, since a variation of this Bill was introduced, in the NYS Assembly, about 5 years ago, ebikes have not been specifically enforced against.
If you get stopped for another reason, wrong way on one way street, BWI, (Bikin' While Intoxicated), etc.
There is the option of:
DWI
Unregistered motor vehicle
No insurance
All kinds of nasty.

Yes, I have been waiting and lobbying for this Bill!
Amended Bill lowers motor limitation, from 1000w to the Federal guideline of 750w.
Sadly, it still limits top speed to 20mph, even w/pedal assist.
And varies from Federal:
Under 18 requires Helmet
Must be 16 years, or older.
No passengers under 16 years.
Last edited by DrkAngel on Jul 16 2011 11:21pm, edited 1 time in total.
A little learning is a dangerous thing;
Drink deep, or taste not the Pierian spring:
There, shallow draughts intoxicate the brain,
And drinking largely, sobers us again.

I enjoy enlightening ... and enlivening the spirit of the innovators.

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by grindz145 » Jul 05 2011 1:10pm

Ill be happy if that gets pushed through. 750 is better than 250, and nobody knows the difference anyway.

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by DrkAngel » Jan 10 2012 12:22am

Fingers crossed!
This Bill has died in the senate, every year.
This year, the revised Bill starts in the Senate, then will be sent to the Assembly, where it has passed, almost unanimously, for the past several years.

The process has begun, sent to "Transportation", where the sponsor sits.
Keep track of the progress here S1357B.
You can also leave comments!
A little learning is a dangerous thing;
Drink deep, or taste not the Pierian spring:
There, shallow draughts intoxicate the brain,
And drinking largely, sobers us again.

I enjoy enlightening ... and enlivening the spirit of the innovators.

New & Improved - Acronym Definitions

Index - Homemade Battery Packs - Updated - December 2019

EBike Toolbox - Bargains! $

Endless Sphere Wiki - Lost?

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by Lock » Jan 10 2012 1:12am

S1357 is listed on the agenda for the Transportation Committee meeting on January 19, one week this Thursday:
http://open.nysenate.gov/legislation/me ... 01-19-2011

Note the agenda also says:
Notes
Please note the change in day and time to Wednesday, January 19th at 9:30am.
...and the 19th is a THURSDAY :roll:

Didn't Dilan yank this bill away from the Committee last year to make amendments? The version showing currently says "This bill has been amended." Anybuddy spot any changes or gotchas that have been added etc?
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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by Lock » Jan 10 2012 1:23am

BTW, from the proposed legislation:
...NO PERSON LESS THAN SIXTEEN YEARS OF AGE SHALL OPERATE OR RIDE AS A PASSENGER UPON AN ELECTRIC ASSISTED BICYCLE, AND NO PERSON SIXTEEN YEARS OF AGE OR OLDER SHALL ALLOW ANY PERSON LESS THAN SIXTEEN YEARS OF AGE TO OPERATE OR RIDE AS A PASSENGER UPON SUCH BICYCLE.
Same as on Ontario, except here there is NO AGE RESTRICTION for passengers on pedal-only bicycles OR MOTORCYCLES.

...which sorta rankles. It's OK for young families to have a young kid in a kids seat on a pedal bike, but not on an ebike. No logic or studies to back this up.

What about New York State? Are children younger than 16 allowed as passengers on pedal-only bikes?

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by Lessss » Jan 11 2012 3:18pm

This Bill has died in the senate, every year.
.... because no one has stepped forward to bribe them off their asses to pass it.
Democracy - dumb mockery see? The most corrupt form of government there is.
Give me nuclear batteries I say!!

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by DrkAngel » May 14 2012 3:56pm

A little learning is a dangerous thing;
Drink deep, or taste not the Pierian spring:
There, shallow draughts intoxicate the brain,
And drinking largely, sobers us again.

I enjoy enlightening ... and enlivening the spirit of the innovators.

New & Improved - Acronym Definitions

Index - Homemade Battery Packs - Updated - December 2019

EBike Toolbox - Bargains! $

Endless Sphere Wiki - Lost?

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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by Lock » May 14 2012 5:11pm

http://open.nysenate.gov/legislation/bill/S1357B-2011
I don't know if any of this stuff has been reworked or not...
S1357B-2011 Text
S T A T E O F N E W Y O R K
1357--B Cal. No. 945
2011-2012 Regular Sessions
I N SENATE
January 6, 2011
Introduced by Sens. DILAN, LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation - committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading

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

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Section 102 of the vehicle and traffic law, as amended by chapter 931 of the laws of 1977, is amended to read as follows:
S 102. Bicycle. 1. Every two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by pre-teenage children.
2. AN ELECTRIC ASSISTED DEVICE WITH TWO OR THREE WHEELS WHICH HAS A SADDLE AND FULLY OPERATIVE PEDALS FOR HUMAN PROPULSION AND ALSO HAS AN ELECTRIC MOTOR. THE ELECTRIC ASSISTED BICYCLE'S ELECTRIC MOTOR SHALL:
HAVE A POWER OUTPUT OF NOT MORE THAN SEVEN HUNDRED FIFTY WATTS; BE INCAPABLE OF PROPELLING THE DEVICE AT A SPEED OF MORE THAN TWENTY MILES PER HOUR ON LEVEL GROUND; AND BE INCAPABLE OF FURTHER INCREASING THE SPEED OF THE DEVICE WHEN HUMAN POWER IS USED TO PROPEL THE DEVICE AT OR MORE THAN TWENTY MILES PER HOUR.

S 2. The vehicle and traffic law is amended by adding a new section
1238-a to read as follows:
S 1238-A. ADDITIONAL PROVISIONS APPLICABLE TO ELECTRIC ASSISTED BICYCLES, OPERATORS AND PASSENGERS. 1. IN ADDITION TO COMPLYING WITH ALL OF THE RULES, REGULATIONS AND PROVISIONS APPLICABLE TO BICYCLES CONTAINED

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

IN THIS ARTICLE, AN ELECTRIC ASSISTED BICYCLE AS DEFINED IN SECTION ONE HUNDRED TWO OF THIS CHAPTER SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:
(A) MEET THE EQUIPMENT AND MANUFACTURING REQUIREMENTS FOR BICYCLES
ADOPTED BY THE CONSUMER PRODUCT SAFETY COMMISSION (16 C.F.R. 1512.1, ET SEQ.) OR THE REQUIREMENTS ADOPTED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (49 C.F.R. 571.1, ET SEQ.) IN ACCORDANCE WITH THE NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY ACT OF 1966 (15 U.S.C. SEC. 1381, ET SEQ.) FOR MOTOR DRIVEN CYCLES; AND
(B) OPERATE IN A MANNER SO THAT THE ELECTRIC MOTOR IS DISENGAGED OR CEASES TO FUNCTION WHEN THE BRAKES ARE APPLIED, OR OPERATE IN A MANNER SUCH THAT THE 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 AN ELECTRIC ASSISTED BICYCLE, AND NO LAWFUL OPERATOR SHALL ALLOW ANY PERSON LESS THAN SIXTEEN YEARS OF AGE TO OPERATE SUCH BICYCLE HE OR SHE IS OPERATING OR RIDING.
3. A LAWFUL OPERATOR UNDER EIGHTEEN YEARS OF AGE SHALL NOT OPERATE AN ELECTRIC ASSISTED BICYCLE UNLESS HE OR SHE IS WEARING A HELMET MEETING STANDARDS ESTABLISHED BY THE COMMISSIONER. FOR THE PURPOSES OF THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A HELMET OF GOOD FIT FASTENED SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET STRAPS SECURELY FASTENED.
4. (A) ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION TWO OR THREE OF THIS SECTION SHALL PAY A CIVIL FINE NOT TO EXCEED FIFTY DOLLARS.
(B) THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE IF SUCH PERSON SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION AND THE APPEARANCE DATE FOR SUCH VIOLATION SUCH PERSON PURCHASED OR RENTED A HELMET.
(C) THE COURT MAY WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION WOULD BE LIABLE IF THE COURT FINDS THAT DUE TO REASONS OF ECONOMIC HARDSHIP SUCH PERSON WAS UNABLE TO PURCHASE A HELMET OR DUE TO SUCH ECONOMIC HARDSHIP SUCH PERSON WAS UNABLE TO OBTAIN A HELMET FROM A STATEWIDE OR LOCAL HELMET DISTRIBUTION PROGRAM.
5. THE FAILURE OF ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS SECTION 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.
6. A POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF SUBDIVISION TWO OR THREE 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 SIXTEEN YEARS OF AGE OR MORE. 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.

S 3. Section 125 of the vehicle and traffic law, as amended by chapter 365 of the laws of 2008, is amended to read as follows:
S 125. Motor vehicles. Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except (a) electrically-driven mobility assistance devices operated or driven by a person with a disability, (a-1) electric personal assistive mobility devices operated outside a city with a population of one million or more, (b) vehicles which run only upon rails or tracks, (c) snowmobiles as defined in article forty-seven of this chapter, [and] (d) all terrain vehicles as defined in article forty-eight-B of this
chapter, AND (E) ELECTRIC ASSISTED BICYCLES AS DEFINED IN SECTION ONE HUNDRED TWO OF THIS ARTICLE. For the purposes of title four of this chapter, the term motor vehicle shall exclude fire and police vehicles other than ambulances. For the purposes of titles four and five of this chapter the term motor vehicles shall exclude farm type tractors and all
terrain type vehicles used exclusively for agricultural purposes, or for snow plowing, other than for hire, farm equipment, including self-propelled machines used exclusively in growing, harvesting or handling farm produce, and self-propelled caterpillar or crawler-type equipment while being operated on the contract site.
S 4. This act shall take effect on the ninetieth day after it shall have become a law.
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Re: New York State Senate Bill S1357 (Definition of ebike)

Post by Lock » May 14 2012 5:17pm

This event will be streamed live.
http://www.nysenate.gov/committee/transportation
Meeting Schedule:May 15, 11:00 AM - 12:00 PM
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