Motorized Bicycles now illegal in New York State???

[DISH]

Perhaps this is old news but I just ran across this and find it VERY disturbing. This is from the New York State Department of Motor Vehicles page:
http://www.nydmv.state.ny.us/dmvfaqs.htm#motor
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"Motorized Scooters, Mini-Bikes, Dirt Bikes, Go-Karts, Motor Assisted Bicycles

You cannot register any of the motorized devices from the list below in NYS. You cannot operate these devices on sidewalks, public streets or highways in NYS. These devices are motor vehicles, but they do not have the correct equipment or design for operation on roadways.

* Motorized Scooter - a device with a motor attached and a handlebar for a standing rider. An example of a motorized scooter is the device called the Go-ped®.
* Mini-bike - a small, motorized device with two wheels and created for off-road use. A mini-bike does not qualify as a moped, a motorcycle or an ATV.
* Dirt Bike - a motorized device like a motorcycle, but created for and used for off-road use. Some "dirt bikes" qualify as an ATV. These vehicles can register and operate off-road as an ATV.
* Go-Kart - a small, motorized device with four wheels, created for off-road use. You cannot register a go-kart as a motor vehicle or ATV because a go-kart does not have the same equipment.
* Motor-assisted Bicycle - a bicycle to which a small motor is attached. A motor-assisted bicycle does not qualify for a registration as a motorcycle, moped or ATV and does not have the same equipment.

These devices are not allowed on any street, highway, parking lot, sidewalk or other area that allows public motor vehicle traffic. You are subject to arrest if you operate one of these motorized vehicles and do not have a registration, driver license, inspection, insurance or correct equipment. The DMV can not provide any information about operation of these devices on private property. Contact the local authorities and property owners."
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"You are subject to arrest if you operate one of these motorized vehicles and do not have a registration, driver license, inspection, insurance or correct equipment."
"Motor-assisted Bicycle - a bicycle to which a small motor is attached. A motor-assisted bicycle does not qualify for a registration as a motorcycle, moped or ATV and does not have the same equipment."

Am I misreading this or what???

I thought federal law superceded state laws such as the above NYS DMV law.

Federal Law:
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SUMMARY: Public Law 107-319, 116 Stat. 2776 (the Act), enacted December 4, 2002, subjects low-speed electric bicycles to the Commission's existing regulations at 16 CFR part 1512 and 16 CFR 1500.18(a)(12) for bicycles that are solely human powered. For purposes of this requirement, the Act defines a low-speed electric bicycle as ``a two-or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.''

DATES: This amendment is effective upon publication in the Federal
Register, that is, on February 12, 2003.

Specifically, section 1 of the Act makes low-speed electric bicycles subject to the Commission's existing regulations on bicycles and assigns responsibility for electric bikes to CPSC (Consumer Product Safety Commission) rather than DOT (Department of Transportation).

(a) Notwithstanding any other provision of law, low-speed electric bicycles are consumer products within the meaning of section 3(a)(1)[of the CPSA] and shall be subject to the Commission regulations published at Sec. 1500.18(a)(12) and part 1512 of title 16, Code of Federal Regulations.

Public Law 107-319, section 1, 116 Stat. 2776.
The Act defines the term ``low-speed electric bicycle'' as follows:

(b) For purposes of this section, the term ``low-speed electric bicycle'' means a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.

Pursuant to Executive Order No. 12988, the Commission states the preemptive effect of this regulation as follows. Section 1 of the Act provides that its requirements ``shall supercede any State law or requirement with respect to low-speed electric bicycles to the extent that such State law or requirement is more stringent than the Federal law or requirements referred to in subsection (a)

2. Amend Sec. 1512.2, to revise paragraph (a) to read as follows:
(a) Bicycle means:
(1) A two-wheeled vehicle having a rear drive wheel that is solely human-powered;
(2) A two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.

This bill clarifies the vehicle and traffic law to define electric assisted bicycles; establish that electric assisted bicycles, as defined, are bicycles, not motor vehicles; and establish safety and operational criteria for their use. Defining and establishing operational criteria for electric assisted bicycles will clarify for authorities that these vehicles are more akin to bicycles than motorcycles.
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One thing that has always amused me is the 20 / 25 MPH speed limit for motor assist. I routinely hit speeds in excess of 40 MPH on NON motor assisted bicycles. And if I get pulled over doing 42 MPH on a bicycle with motor assist how is it determined if I was legal (human power) or if I had the throttle on the electric motor wide open?

I'm afraid as gasoline prices continue to go higher and more more motor assisted bicycles start appearing on the roads things may become more difficult. Especially as some riders test present laws by pushing the limits. Perhaps this will eventually go to the supreme court (state / federal, etc.) as it's getting more and more confusing.

I try to keep as low of a profile as possible, ride my bikes / trikes as though they were a licensed vehicle and obey all traffic laws. I've been doing this for more than 5 years with no problems so far but seeing a law like this is starting to make me think exactly where do we stand?

 

[vanilla ice]

Yep, thats what I understood of NY law from browsing motoredbikes.

 

[deardancer3]

All kinds of schizophrenia in NY. One of he largest and most succesful ebike dealers , NYCE is in NY city!

We hardly ever hear of any ebike being pulled over in NY. I think many are stealth ebikes, and ridden within reason.

Word has it that it was the Cab drivers lobbying that caused this, and there is a loooong list of things that people that reported on for this topic..

 

[Lessss]

NY always has been one of the most ethically and morally corrupt places on the planet.

 

[dogman dan]

Hence the need for stealth in some places . Glad I live in New Mexico where ebikes are just mopeds, and you can pack a pistol on yer hip while riding one, as long as you stay out of bars and voting booths.

 

[DISH]

Fortunately I do NOT live in the state of New York so this does not affect me, YET! My concern is things like this tend to spread unless challenged in the courts. Although I'm no lawyer it seems to me this law is preempted by federal law, but I guess someone is going to have to challenge it.

Pursuant to Executive Order No. 12988, the Commission states the preemptive effect of this regulation as follows. Section 1 of the Act provides that its requirements ``shall supercede any State law or requirement with respect to low-speed electric bicycles to the extent that such State law or requirement is more stringent than the Federal law or requirements referred to in subsection (a)

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Word has it that it was the Cab drivers lobbying that caused this, and there is a loooong list of things that people that reported on for this topic..

Before I started this topic I did a search here but saw no mention of it, otherwise I would have never started this. I guess I missed it. My apologies.

Now that I think of it, I was watching the news on TV about a week ago and they showed a film crew that was out on the streets of NY working on a project when they ran across a pedicab operator and a taxi cab driver that had some kind of dispute. They were hollering back and forth and as they pulled up side by side to wait for a red light the pedicab operator threw something in the window of the taxi. The driver got out, pulled the guy off the pedicab and the two proceeded to have a fist fight right in the middle of the street!

Since I don't live in NY I guess I'm a bit late finding out about all of this, but I see some legislators are trying (or at least WERE trying!) to make motor assisted bicycles legal again in the state of NY:
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A00071: Proposed Bill to Allow Use of Electric Bicycles in New York
(please note, this bill has NOT YET been passed into law!)

A00071 Memo:

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the definition of electric assisted bicycle

PURPOSE:

This bill clarifies the vehicle and traffic law to define electric assisted bicycles; establish that electric assisted bicycles, as defined, are bicycles, not motor vehicles; and establish safety and operational criteria for their use.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new Section 102-c to the vehicle and traffic law, defining electric assisted bicycles as:

A bicycle with two or three wheels which has a saddle and fully operative pedals for human propulsion, and also has an electric motor.

However, the electric motor should not have a power output of more than one thousand watts, and should be incapable of propelling the device at a speed of more than twenty miles per hour on level ground. The electric motor should also be incapable of further increasing the speed of the device when human power alone is used to propel the device at or more than twenty miles per hour.

Section 2 adds an exception in section 125 of the vehicle and traffic law to the statutory definition of motor vehicle for electric assisted bicycles.

Section 3 adds a new section 1240 to the vehicle and traffic law, making the rules, regulations and provisions of the vehicle and traffic law applicable to bicycles applicable to electric assisted bicycles; makes the federal equipment and manufacturing requirements for bicycles or motor driven cycles applicable to electric assisted bicycles; and adds the following operational and safety requirements for electric assisted bicycles: electric motor disengagement criteria; all operators and passengers are required to wear bicycle helmets; and no-one under the age of 16 may operate or as a passenger on an electric assisted bicycle and establishes the civil fine and enforcement procedures for failure to wear a helmet.

Section 4 is the effective date.

EXISTING LAW: None.

JUSTIFICATION: Defining and establishing operational criteria for electric assisted bicycles will clarify for authorities that these vehicles are more akin to bicycles than motorcycles. This will assist in interpreting the application of the appropriate vehicle and traffic laws to operators and passengers of these vehicles.

PRIOR LEGISLATIVE HISTORY:

2004 A.588 - Passed Assembly; S.7389 - died in Senate Rules Committee
2000 Original bill - Died in Assembly Transportation Committee.
1999 Original bill - Died in Assembly Transportation Committee.
1998 Original bill - Died in Assembly Transportation Committee.
1997 Original bill -Reported by Assembly Transportation Committee;
Died in Assembly Rules Committee
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
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I find the 1000 watt power limit surprising, especially since federal law and most states limit it to 750 watts. But I was shocked to read, "The electric motor should also be incapable of further increasing the speed of the device when human power alone is used to propel the device at or more than twenty miles per hour." This is pretty much the way hub motors work but rules out connecting the motor to the cranks, something that works extremely well in mountainous terrain, (like where I live) where the torque is needed for climbing hills and speed is needed for level stretches.

I a website that is trying to keep people informed about electric bike laws around the world:
http://www.omegastores.com/electric_bicycle_law.htm

Hence the need for stealth in some places

Although I have no reason to do so, (so far!) I pretty much try to stay below the radar so to speak. The less everyone knows about what I'm doing the better but I do try to keep up on what's going on so I don't get hit broadside with some new law that I don't know about...

 

[Jerome Daoust]

See this discussion:
TidalForce Forum: NY Legalizing E-Bikes

 

[crichman]

FYI, I attended a forum on urban cycling yesterday evening in DC and raised electric cycling with a distinguished panel including the NYC Transporation Commissioner.

She knows the issue and told me she expects the fix to go forward "very soon."

For more info on the event, see http://electriccyclist.com/cities-b...e-of-getting-around-electric-cycling-included

Charlie Richman
http://ElectricCyclist.com

 

[NeezyDeezy]

Hi Charlie, thanks for raising that.

I wish the NYC transportation commissioner had more to do with this issue. It's something only the NY state legislature can change. I am doing some direct lobbying, but most legislators around NYC already support it.

 

[nwmtnbiker]

As I've said before, there is a mis-perception held by many e-bike enthusiasts that there is some kind of federal standard that mandates that states allow e-bikes to be owned and operated on public roads. This is simply not true. There are only federal standards that come into play with respect to determining which federal agency's safety standards apply to electric bikes sold in the US. Those electric bicycles sold in the US with speeds under 20MPH and motor under 750W have their safety standards set by the Consumer Product Safety Administration rather than the National Highway Transportation Safety Administration under the rationale that they're a consumer product, not a "motor vehicle." Those bikes with specs exceeding those standards that are sold in the US have to meet the more stringent safety standards for mopeds and motorcycles set by the National Highway Transportation Safety Administration. Congress has left it up to the states to determine whether to let e-bikes ride on public roads and what conditions should be imposed (licensing, insurance, etc.) New York's ban has been in effect for quit a while. The US Congress isn't a real friend of e-bikes. It issued a prohibition on the use of electric bicycles on trails that get federal funding unless a state has authorized such use by "electric bicycles". (See the permanent amendments to Section 217(h) of Title 23 of the United States effective upon enrollment of Public Law 105-178.)

Whether the NY Legislature will actually pass the legislation introduced this session to lift this ban is unknown. The Assembly took up and passed the version of the bill introduced in that chamber. However, the Senate's version has stalled and unless NY voters pester them, it may not go anywhere. FYI--the Senate version will ban all e-bikes that can travel over 20 MPH, prohibit anyone under 16 years of age from operating an e-bike and will mandate that all e-bike riders wear a helmet. New Yorker e-bikers, fax and write your elected officials in the NY Legislature.

 

[Lock]

See this discussion:
TidalForce Forum: NY Legalizing E-Bikes

Thats cool. "...now before the Senate, where final approval is almost certain given there was all of one NAY vote in the Assembly."

Just had to look this twit up (the one Nay vote, versus 127 Yeas). Say hello to Assemblymember James F. Brennan 44th Assembly District in Brooklyn:
http://assembly.state.ny.us/mem/?ad=044

brennanj@assembly.state.ny.us

tks
Lock

 

[Affliction]

NY always has been one of the most ethically and morally corrupt places on the planet.

I agree! Just as morally corrupt as Toronto!
I live in Canada's capital and most of the bike paths are regulated by the NCC (national capital comission). There is no oversight to what laws they come up with. It's all federally controlled land. E-bikes are basically banned on the pathways.
Ive had to defend myself from the tofu farting fairy crew more than once while riding on them. I was confronted with violence even!
I can go way faster so I just left the evil liberals to stew
The "official" decision is they will allow e-bikes if they look like a bicycle......There was a public outcry when people were being targeted by the "bike police" Even still tho there is a speed limit on the pathways of no more than 20 kph. Good thing I go 45 kph! Catch me if you can peddal cop

 

[Lock]

Even still tho there is a speed limit on the pathways of no more than 20 kph. Good thing I go 45 kph! Catch me if you can peddal cop

Yer kidding, right? At 45kph you are no longer a motor-assisted bicycle under the legislation enabling e-bikes in Ontario... so licence, insurance etc all kick in, and most city Parks By-Laws preclude riding motorcycles etc on their pathways...
tks
Lock
(Toronto)

 

[deardancer3]

The US DOT does not prohibit the use of legal EBikes on Bike trails UNLESS A local law has been passed specifically making them illegal. Legal low powered ebikes are not considered motor vehicles.

Below is a list of the prohibited devices.

you may want to print sections of this out and carry it with you.

from http://www.fhwa.dot.gov/environment/bikeped/framework.htm

February 26, 2008

excerpt

Scope of Projects Covered by 23 U.S.C. § 217
Section 217 applies to any bicycle transportation and pedestrian walkway facility, including trails, funded under the Federal-aid highway program, for a pedestrian walkway or for a trail designated for nonmotorized use. This includes all Federal-aid highway funding program categories, except as noted below.

Examples of Motorized Vehicles Generally Prohibited Under 23 U.S.C. § 217(h)

The following list provides examples of motorized vehicles generally prohibited under 23 U.S.C. § 217(h):

Motor vehicles generally used on highways (passenger cars, trucks, vans, motorcycles, etc.).
All-terrain vehicles (ATVs).
Motorcycles (including on-highway, off-highway, dual sport, minibikes, etc.) and mopeds.
Scooters, except for scooters that comply with the definition of "wheelchair" under 23 U.S.C. § 217(j)(4).
Electric personal mobility devices that do not comply with the definition of "electric bicycle" under 23 U.S.C. § 217(j)(2) or the definition of "wheelchair" under 23 U.S.C. § 217(j)(4), unless used as a mobility device by persons with mobility related disabilities (see Disability Law Guidance).
Modified kick scooters, whether powered electrically or with any other kind of engine.
Dune buggies, sand rails, or similar vehicles.
Utility vehicles.
Hybrid land/snow vehicles or hybrid land/water vehicles.
Tour vehicles.
Golf cars or golf carts.
Agriculture, forestry, mining, or construction vehicles.
Any other vehicle using an internal combustion engine or external combustion engine, except for a vehicle excepted under 23 U.S.C. § 217(h)(1) - (4).

Any other electric vehicle, except for a vehicle excepted under 23 U.S.C. § 217(h)(1) - (4), that does not comply with the definition of "electric bicycle" under 23 U.S.C. § 217(j)(2) or the definition of "wheelchair" under 23 U.S.C. § 217(j).

Title 23 U.S.C. §217(j) Definitions.--In this section, the following definitions apply:

1.Bicycle transportation facility.--The term 'bicycle transportation facility' means a new or improved lane, path, or shoulder for use by bicyclists and a traffic control device, shelter, or parking facility for bicycles.

2.Electric bicycle.--The term 'electric bicycle' means any bicycle or tricycle with a low-powered electric motor weighing under 100 pounds, with a top motor-powered speed not in excess of 20 miles per hour.

OK standard legal disclaimer, this is not legal advice, it is just a distribution of Ebike laws that have been found and passed

 

[grindz145]

NY always has been one of the most ethically and morally corrupt places on the planet.

Please, take it easy. I travel around the country and to the UK alot, and for some reason there is a lot of greif I get from being from 'NY'. First of all, why is it that most people assume that anyone from the state of new york is from NYC? Most of new york state is rural and is completely unlike downstate. Second of all, practically every type of person in the world lives in NYC, so why is it that I hear so many people with opposition? What is it that everyone hates?

And so as not to hijack this thread: the federal law allows for state laws to superceed it. Accordingly, NY state has enacted said bill (which will get passed no thanks to our brooklyn buddy... )


The bottom line is if you act reasonably, It would be hard to get into trouble with an E-bike at least in the part of the huge state of new york that I live in.

 

[spinningmagnets]

I worked in New Jersey for a few months and spent some weekends in Manhattan (the heart of NYC). I was pleased at how well the feeder trains got the outlying regions to Manhattan, and once there the North-South subways were "reasonably" affordable and ran well. Manhattan is long and narrow, so its easy to walk a few blocks East-West.

In order to cut down on traffic, parking is a NIGHTMARE and hugely EXPENSIVE...and it works. Traffic was not bad at all (I was there a couple years before 9-11). For those who have money, and wish to keep some distance from the "great unwashed masses" there are thousands of expensive yellow cabs. If you own a car there, Google says the "average" cost of a parking garage is $431 a month.

So what would happen if people were allowed operate an electric bicycle there? (perhaps a small folder with a Matt/RC-drive?) would people use the subway and cabs less? would politicians get fewer Cab lobby re-election donations? Would NYC get less tax money from reduced subway cab use? I hate to sound cynical (actually I like sounding cynical) but like they said in Watergate..."follow the money".

 

[gogo]

2.Electric bicycle.--The term 'electric bicycle' means any bicycle or tricycle with a low-powered electric motor weighing under 100 pounds, with a top motor-powered speed not in excess of 20 miles per hour.

So long as your low-powered motor weighs less than 100 pounds you're ok?

I wonder if the trailer you carry your batteries in would be included in the 100 pounds?

 

[Lock]

So what would happen if people were allowed operate an electric bicycle there? (perhaps a small folder with a Matt/RC-drive?) would people use the subway and cabs less?

In Denmark the electric train service that "feeds" into Copenhagen offers its "frequent fliers" discounts on the purchase of folding Strida bikes and permits these bikes on to their trains for free...
tks
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