History of E-Bike Laws in New York City

Here is a brief history of New York City legislation regarding e-bikes.  Note that the main law in force, and now used repeatedly with respect to commercial e-bikes, was passed for an entirely different purpose.

Note on how laws are made: In NYC, a Local Law is an individual bill that gets passed (or not).  These laws serve to amend the NYC Administrative Code, which is the current up-to-date version of NYC law, as created by a history of local laws.

2003: Proposal to Ban Motorized Scooters

The main impetus of this bill (see text and discussion) was to ban dangerous "pocket scooters", being used by children, and going up to 40mph.  These were gasoline-powered motorcycles and had nothing to do with restaurant delivery, e-bikes or commercial cyclists.  At that time, no one in NYC had barely even heard of an e-bike.

This bill failed in 2003.

http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=440463&GUID=0E8F55C8-C8DF-4B0A-8104-766AE5848846&Options=&Search=

2004 (Local Law 51): Motorized Scooters Banned

Banning motorized scooters was picked up again in 2004, at which point it did pass; over Mayor Bloomberg's veto.  Thus was born NYC Administrative Code 19-176.2 (see current version below)

http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=441172&GUID=3AB8E015-5DEF-45D5-A1CA-A466E2C3AC66

At the same time as the USE of motorized scooters was banned, their SALE (or rent) was also banned in New York City:

http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=441172&GUID=3AB8E015-5DEF-45D5-A1CA-A466E2C3AC66

2009: E-Bikes Become Popular in NYC

E-bikes began to be noticed in NYC, being used almost exclusively by restaurant delivery.  At this point, it was also known that e-bikes were banned by Administrative Code 19-176.2, a law passed without e-bikes in mind.

https://cityroom.blogs.nytimes.com/2009/10/20/despite-ban-electric-bikes-gain-favor-on-city-streets/

2012: Require Signs, Vests, Safety Posters for Commerical Cyclists

As the restaurant delivery business grew in NYC with the rise of Seamless, GrubHub, etc, there was increasing public pressure to "tame" a "lawless" situation.  NYC lawmakers responded by creating regulations specificlaly for commercial cyclists.  Local Laws 52,54,55,56 require vests, signs, safety posters, etc. for commercial cyclists --- no matter what kind of bicycle they use.

http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=1326096&GUID=6884006D-0539-4F5A-AD30-16EAD7F7A95F

2013: Businesses to be Fined for commercial violations of 19-176.2

Class 2 e-bikes continued in widespread use for restaurant delivery, and complaints about commercial cyclists did not subside.  In 2013, the City passed Local Laws 40 and 41, which created additional penalties for violations of 19-176.2, especially by commercial cyclists.  In particular, it allowed for motor scooters to be impounded:

http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=1326096&GUID=6884006D-0539-4F5A-AD30-16EAD7F7A95F

http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=1326092&GUID=3138BFA9-4D11-4F3B-A06B-9FB3A04511CA

2017: Throttle or No Throttle?

In the intervening years, there was growing public awareness that class 2 e-bikes (with throttles) are certainly illegal; but class 1 e-bikes (pedal-assist only) are probably not illegal.  Regardless of the law (which seems to allow for pedal-assist e-bikes), the Mayor gives inconsistent messages on their legality.  To this date, he has promised to confiscate pedal-assist e-bikes used by delivery workers, and also promised not to confiscate them; even as ZERO pedal-assist e-bikes have been confiscated from commuter or recreational cyclists.  The judicial branch, not the mayor, ultimately interpret laws.

https://www.citylab.com/equity/2016/02/the-murky-legality-of-e-bikes/426969/

https://theoutline.com/post/2447/everyone-hates-e-bikes

https://www.citylab.com/transportation/2017/11/why-does-new-york-city-ban-ebikes/544829/

Current NYC Administrative Code:

Here is the current state of NYC Administrative Code 19-176.2 and 20-762

http://library.amlegal.com/nxt/gateway.dll/New%20York/admin/title19transportation/chapter1streetsandsidewalks?f=templates$fn=default.htm$3.0$vid=amlegal:newyork_ny$anc=JD_19-176.2

§ 19-176.2 Motorized scooters.   a.   For purposes of this section, the term "motorized scooter" shall mean any wheeled device that has handlebars that is designed to be stood or sat upon by the operator, is powered by an electric motor or by a gasoline motor that is capable of propelling the device without human power and is not capable of being registered with the New York State Department of Motor Vehicles. For the purposes of this section, the term motorized scooter shall not include wheelchairs or other mobility aids designed for use by disabled persons.
   b.   No person shall operate a motorized scooter in the city of New York.
   c.   Any person who violates subdivision b of this section shall be liable for a civil penalty in the amount of five hundred dollars. Authorized employees of the police department and department of parks and recreation shall have the authority to enforce the provisions of this section. Such penalties shall be recovered in a civil action or in a proceeding commenced by the service of a notice of violation that shall be returnable before the environmental control board. In addition, such violation shall be a traffic infraction and shall be punishable in accordance with section eighteen hundred of the New York state vehicle and traffic law.
   d.   Any motorized scooter that has been used or is being used in violation of the provisions of this section may be impounded and shall not be released until any and all removal charges and storage fees and the applicable fines and civil penalties have been paid or a bond has been posted in an amount satisfactory to the commissioner of the agency that impounded such vehicle.

http://library.amlegal.com/nxt/gateway.dll/New%20York/admin/title19transportation/chapter1streetsandsidewalks?f=templates$fn=default.htm$3.0$vid=amlegal:newyork_ny$anc=JD_19-176.2

https://www.lawserver.com/law/state/new-york/ny-laws/ny_new_york_city_administrative_code_20-762

§ 20-762 Motorized Scooters.

   a.   For purposes of this section, a motorized scooter shall have the definition set forth in section 19-176.2 of this code.

   b.   No person shall sell, lease or rent or attempt to sell, lease or rent a motorized scooter to another person in the city of New York.

   c.   Any person who violates subdivision b of this section shall be liable for a civil penalty of one thousand dollars for a first violation and a civil penalty of two thousand dollars for each subsequent violation within one year. Each sale, lease or rental, or attempt to sell, lease or rent, a motorized scooter shall be deemed a separate violation. Authorized employees of the department, the police department, and of any other agency designated by the mayor, shall have the authority to enforce the provisions of this section. Such penalties shall be recovered in a civil action or in a proceeding commenced by the service of a notice of hearing that shall be returnable before the administrative tribunal of the department. In addition, such violation shall be a traffic infraction and shall be punishable in accordance with section eighteen hundred of the New York state vehicle and traffic law.

   d.   Any motorized scooter that has been used or is being used in violation of the provisions of this section may be impounded and shall not be released until any and all removal charges and storage fees and the applicable fines have been paid or a bond has been posted in an amount satisfactory to the commissioner.