New York State Senate Bill S1357 (Definition of ebike)

[999zip999]

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

[DrkAngel]

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?

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.

[grindz145]

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

[DrkAngel]

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!

[Lock]

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

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?

[Lock]

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?

Lock

[Lessss]

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.

[DrkAngel]

May 15, 2012 "Transportation" meeting - to consider eBike Bill

[Lock]

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.

[Lock]

This event will be streamed live.

http://www.nysenate.gov/committee/transportation

Meeting Schedule:May 15, 11:00 AM - 12:00 PM

[Lock]

ACK! Sitting at a clients machine this AM with no audio!

Apparently this was the action(?) taken...
http://open.nysenate.gov/legislation/bill/S1357B-2011

S1357B-2011 Actions
May 15, 2012: 1ST REPORT CAL.776
Jan 4, 2012: REFERRED TO TRANSPORTATION

?????????????????????????????????????????????

Replay of streaming live vid hasn't been posted yet...

Lock

[Lock]

Video's up...
13:28

Senate print number 1357B. Act to amend the vehicle and traffic law, in relation to the definition of electric assisted bicycle.

Questions or comments (Silence)

Is there a motion?

Senator Valesky makes a motion. All in favour?

Ayes? Nays? The Bill is reported.

I *think* "reported" means the Bill has now been "blessed" by the Transportation Committee and now gets referred back to the full Senate for what may be just a formal approval...

BUT, if the Senate process amended anything about the legislation, Senate and House have to do more "Conference Committee" negotiations...

Seriously, nobuddy here knows NY State legislative process?

Lock

[ZOMGVTEK]

I run >10x the '750W' power limit in NY, and greatly exceed the 20 MPH speed limit. Never had any problems.

Fake pedal and you're good to go. It's just a kid on a bicycle, so everythings fine.

[DrkAngel]

The NYS eBike Bill is up, on the Senate calendar, for today. (May 21, 2012)
For a vote ... ?


No wonder nothing ever gets done ...
Been 5+ years ... so far, it finally might get passed, by Senate?
But it was "edited".
(Unedited version has been passed, almost unanimously by the assembly, every year!
But some Senator want's to claim credit for the bill so he had to "edit" it to get his name on it! )
So it still has to resubmitted, back to the Assembly ... then the Governor ...

[grindz145]

Fingers still crossed!

[Ykick]

Hopeful but guarded...

[DrkAngel]

Keep track of the progress here S1357B.
You can also leave comments!

"S1357B-2011 Meetings
Transportation: May 15, 2012
S1357B-2011 Calendars
Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012
S1357B-2011 Votes
VOTE: COMMITTEE VOTE: - Transportation - May 15, 2012


Ayes (16): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Robach, Young, Zeldin, Dilan, Adams, Diaz, Perkins, Smith, Stavisky, Valesky
Ayes W/R (3): Ranzenhofer, Kennedy, Squadron "


Ayes W/R ??? --- With Reservations?

[Lessss]

w/R with revenue aka they are up for bribes.

[Lock]

They seem to have a lot on their plate...

Found the Senate rules:
http://open.nysenate.gov/legislation/rules

ß 6. Calendar. a. The matters upon the Senate Calendar shall be arranged
and acted upon in the following order:
(1) Resolutions.
(2) Bills on order of first report.
(3) Bills on order of second report.
(4) Bills on order of special report.
(5) Bills starred after report.
(6) Bills on third reading calendar from special report.
(7) Bills on third reading.
(8) Bills starred on third reading.
(9) Resolution to amend the Senate Rules.
(10) Motions for chamber consideration.

and

Bills on second report shall, unless starred, be advanced to the order of third reading after one calendar legislative day. No debate shall be allowed on the advancement of bills on the order of first or second report or special report. The order of special report shall be marked with an asterisk to indicate that such bills will be subject to debate on the next calendar legislative day. In the event that such bills are not debated on such day, they shall be removed from the order of special report and placed on that part of the calendar designated "bills on order of first report".

ß 2. Reading of bills. a. Every bill shall receive three readings previous to its being passed.

b. Upon the third reading of a bill, the question upon its final passage shall be taken immediately thereafter; provided, however, that any bill may be committed prior to the final reading thereof.

ß 3. Third reading calendar. a. The Calendar of bills on the order of third reading shall consist of all bills which have been advanced to a third reading from the order of second report or the order of special report.

b. All Senate bills, when advanced to a third reading shall be referred automatically to the Jacketing Clerk, who shall cause each such bill to be readied for final passage in the same form as the last printed copy there-of. All such bills shall be jacketed with the proper jurat for certification of final passage attached.

I'm sure all this stuff makes perfect sense to a lawyer...

Lock

[DrkAngel]

S1357B-2011 Actions

* May 21, 2012: ADVANCED TO THIRD READING
* May 16, 2012: 2ND REPORT CAL.
* May 15, 2012: 1ST REPORT CAL.776
* Jan 4, 2012: REFERRED TO TRANSPORTATION
* Jun 24, 2011: COMMITTED TO RULES
* Jun 13, 2011: AMENDED ON THIRD READING 1357B
* Jun 7, 2011: ADVANCED TO THIRD READING
* Jun 6, 2011: 2ND REPORT CAL.
* Jun 2, 2011: 1ST REPORT CAL.945
* May 19, 2011: PRINT NUMBER 1357A
* May 19, 2011: AMEND AND RECOMMIT TO TRANSPORTATION
* Jan 6, 2011: REFERRED TO TRANSPORTATION

Wow! 2 steps in one week!

[grindz145]

Woohoo! getting closer!

[Lock]

I see they're Tweeting:
http://twitter.com/#!/NYSENATE

One hour ago:

New York Senate‏@NYSenate
The #NYSenate is adjourned until tomorrow at 3PM.

No mention of bikes but they may not be tweeting EVery item of business... They have a lot to get through...
http://open.nysenate.gov/legislation/calendar/floor-05-22-2012

I'd be nice if somebuddy here would please just hack the senate system and stick a little HIGH beside S1357... anybuddy?

Lock

[DrkAngel]

What a JOB!
3:16 - 3:25 a good days work.

Session: Senate Session 05-21-12

[Paul_G]

S1357B-2011 Actions
May 21, 2012: ADVANCED TO THIRD READING

http://open.nysenate.gov/legislation/bill/S1357B-2011

How many times do they need to read it?

[DrkAngel]

What a JOB!
3:16 - 3:25 a good days work.

Session: Senate Session 05-21-12

The Senate annual (2012)"session" is almost over, January 4 - June 21.
2012 Session Calendar (63 total days, this year )


New York Sate Senator Salary
$79,500/year +
$171/per full day ($10,773)and $61 per half day.

$90,273 Annual =
$1,433 per session day

(05-21-12) 3:16 - 3:25 = 9 minutes
$1,433 x 60 / 9 = $9,553 per hour