New York State Senate Bill S1357 (Definition of ebike)

LeftieBiker said:
You may well be right about the part above 20MPH, but the part about the speed limit for motor assist being below 20MPH could absolutely by used to disqualify all of the bikes that meet the federal standard by cutting assist ABOVE 20mph. They would be 1MPH faster under motor assist than would be allowed in NY. And remember, as I've written elsewhere: the motorist or bicyclist doesn't get to interpret traffic laws - that is done solely by the legal system, for better or worse.

It might be worth the money to get a local lawyer to spend 10 minutes on that and see what he or she says, if it's important to know that now. In a mathematical sense, "LESS THAN" is only infinitesimally different than "LESS THAN OR EQUAL TO", when dealing with continuous value ranges, and it's very conceivable that for legal conventions the "OR EQUAL TO" part is just considered superfluous - so a system that stops accelerating "at 20mph" would satisfy the definition. Same for 750W. A lawyer experienced in this area could tell you whether actual rulings will always go one way or the other, or split both ways.

For me, it would be silly to draw a legal distinction between 19.99 mph and 20.00 mph under any circumstances, so my guess is that "LESS THAN TWENTY MILES PER HOUR" is good up to 20.5mph, but I'm not a lawyer! The determination would have to be made from information published by the manufacturer, and I suppose cleared with the authorities by electric bicycle retailers rather than researched or tested on each individual encounter with an electric bicycle rider. You might eventually be given a dealer certification that you can present when stopped, if they're really serious. The whole thing is pretty Mickey Mouse.
 
If you want to get technical ...
20mph speed limit could be interpreted as 20.000 mph (Federal notation is "not to exceed 20 mph")
while
less than 20mph could be interpreted as 19.999 mph
Why quibble over 1/1000 mph?

Any fraction over, such as 20.001 mph vs 21.0 mph is a matter of interpretation, leeway or being a hard ass.
The important thing, imo, is any form of eBike legality in NY.
 
And remember, as I've written elsewhere: the motorist or bicyclist doesn't get to interpret traffic laws - that is done solely by the legal system, for better or worse. This applies to any interpretation, including mathematical ones. Cops don't care about math, nor does the DMV. The bill MUST be changed to not exclude bikes that can go 20MPH, or it's a bad bill.
 
Gov. Cuomo is quoted as saying that he will propose a bill for legalizing e-bikes on January 8 . https://wnynewsnow.com/2019/12/27/cuomo-vetoes-bill-to-allow-electric-bikes-scooters/
 
What a jackass. Next bill passes, he'll veto it because a scooter rider could hit a pedestrian, that isn't wearing a helmet.

The e bike law stopped again in NY, by the usual folks. The dude is so bought.
 
.
...
NYS eBikes Legal


NYS DMV eBike law

"Electric scooters and bicycles and other unregistered vehicles
Operating an electric scooter or bicycle with electric assist

Effective April 2020 - the law allows people to operate bicycles with electric assist (e-bikes) on some streets and highways in New York State.

Effective August 2, 2020 - the law allows people to operate electric scooters (e-scooters) and bicycles with electric assist (e-bikes) on some streets and highways in New York State.

Electric scooter - a type of device with handlebars, a floorboard or a seat, and an electric motor that can be powered by the electric motor and/or human power. 1

Bicycle with electric assist - multiple classes of bicycle with an electric motor and operable pedals. 2 A bicycle with electric assist doesn’t qualify for a registration as a motorcycle, limited use motorcycle, moped or ATV and doesn’t have the same equipment.

You can operate an electric scooter or bicycle with electric assist on some streets and highways in New York State:

you can operate these devices on highways with a posted speed limit of 30 MPH or less
municipalities can further regulate the time, place and manner of operation of these devices
you cannot operate these devices on a sidewalk except as authorized by local law or ordinance


Note: An electric scooter or bicycle with electric assist cannot be registered but still may be operated on some streets and highways in New York State.


Operating a registered ATV on public highway

You cannot operate an ATV on a public highway unless the highway has been designated and posted for ATV use (usually a short distance between off-road trails).


Vehicles that cannot be registered or operated on New York State sidewalks, streets or highways

You cannot register or operate any of the motorized devices from the list below on any street, highway, parking lot, sidewalk or other area in New York State that allows public motor vehicle traffic. You may be arrested if you do.

Mini-bike - a small, motorized device with two wheels and created for off-road use. A mini-bike doesn’t qualify as a moped, a motorcycle or an ATV.

Off-road Motorcycle (Dirt Bike) - A motorcycle designed for use on off-road trails or in off-road competitions. Unless exempt, these vehicles must be registered as an ATV. See register an ATV for more information.

Go-Kart - a small, motorized device with four wheels, created for off-road use. You can’t register a go-kart as a motor vehicle or ATV because a go-kart doesn’t have the same equipment.

Golf Cart (also referred to as Golf Car or Neighborhood Electric Vehicle) - a small motorized device with four wheels designed to carry people. You can’t register a golf cart as an ATV. Many low speed vehicles are similar in appearance to a golf cart, and can be registered and driven on New York State highways. 3



1
Electric scooter. Every device weighing less than one hundred pounds that
(a) has handlebars, a floorboard or a seat that can be stood or sat upon by the operator, and an electric motor,
(b) can be powered by the electric motor and/or human power, and
(c) has a maximum speed of no more than twenty miles per hour on a paved level surface when powered solely by the electric motor.
2
Bicycle with electric assist. A bicycle which is no more than thirty-six inches wide and has an electric motor of less than seven hundred fifty watts, equipped with operable pedals, meeting the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission under 16 C.F.R. Part 1512.1 et seq. and meeting the requirements of one of the following three classes:
(a) "Class one bicycle with electric assist." A bicycle with electric assist having an electric motor that provides assistance only when the person operating such bicycle is pedaling, and that ceases to provide assistance when such bicycle reaches a speed of twenty miles per hour.
(b) "Class two bicycle with electric assist." A bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of twenty miles per hour.
(c) "Class three bicycle with electric assist." Solely within a city having a population of one million or more, a bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of twenty-five miles per hour.
3

For a low speed vehicle to be registered in New York
it must meet federal motor vehicle safety standard 500 (49 CFR 571.500)
its maximum performance speed must be certified by the manufacturer
it must appear on the list of approved limited use vehicles
You can contact NYS DMV Technical Services (518-474-5282, select option #4) to determine if a particular LSV or LSVT is certified and approved."

No helmet requirement;
[strike]No age limit;[/strike]
No passenger prohibition!
 
markz said:
n some streets and highways in New York State.

It is very interesting that they do not list the streets or highways you are allowed on.
30mph posted streets.
 
Cuomo pushed eBike legislation through with the budget.
Bypassed 15+ years of NYS congressional rhetoric.

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Governor, finally, got sick and tired of congresses' near 20 year ineptitude and executive ordered electric bikes and scooters into legality.
750w, 20mph limit.

" The following are essential laws to be aware of when riding an electric bike:
The rider must be over the age of 16
The rider must ride on either the bike lane or the street
The motor of an electric bike can’t exceed 750w.
The speed limit is 20 mph
Not permitted on roads with speed limits over 30 mph
Rider must wear a helmet if their e-bike can go over 20 mph, or they are under 18. "

With same other restrictions, 20mph limit capable scooters are legal!) but with 15 mph max speed use(?)

Presently in Congress is Bill to eliminate "restricted to speed limit 30 mph and slower roads" - https://www.nysenate.gov/legislation/bills/2021/s8680 :p
 
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