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E-Bike Law in New York State

Apparently, class 1 (pedal assist) e-bikes are legal in New York City, but not in New York State.  This hinges on a few accidents of history:
  1. NY State Law happens to ban all e-bikes, whereas NYC law only bans class 2 and 3 e-bikes.  None of this was intentional, since both sets of laws were written before the advent of e-bikes.
  2. NYC traffic law supercedes NY State traffic law in this case:
State laws and regulations on vehicle and roadway usage typically trump conflicting local laws, except in New York City, where the New York City Council has been given much authority to promulgate laws and regulations on the use of the City’s public roadways.
http://www.citylandnyc.org/scooters-hoverboards-bicycles-whats-legal/
I have written elsewhere on this blog about how New York City laws.  Here, I will summarize NY State laws, which apply everywhere outside of New York City.

In 1981 chapter 160, New York State amended Section 121-b of the vehicle and traffic law was amended, to change the definition of "Limited use motorcycle."  The current definitions of key terms are below.  http://ypdcrime.com/vt/article1.htm  Apparently, e-bikes qualify as a "motor vehicle" and "motorcycle" but not "vehicle."  Key takeaways from this:


  1. "Electric assist personal mobility devices devices" are legal to use outside of New York City.  I'm not sure how this term is defined, or what would qualify.  Are we going to see a new wave of Pizza delivery by "Rascal" devices?
  2. Things are classified in NY State as "motor vehicle" if they are "propelled by any power other than muscle power."  Unfortunately, this includes class 1 e-bikes.  Would a downhill mountain bike on a ski lift also count as a "motor vehicle"?
  3. [Not shown here] NY State requires all motor vehicles to be registered.  E-bikes are classified as a "motor vehicle," and therefore must be registered.  But to do do, your vehicle must be certified with the state.  No e-bike manufacturers have made the effort to get this certification; hence, existing e-bikes cannot be registered in NY State; and cannot be driven on the roads without registration.  Note that the GenZe electric scooter can be registered in NY State as a Class C moped.
  4. Apparently, Segways do NOT qualify as a "motor vehicle" in New York State because they don't have a seat.  Hence they are prefectly legal to use on the roads.  (But they run afoul of NYC laws for other reasons).  If you're willing to remove your e-bike seat, you could probably use it legally as well, without registration.
  5. Although NY State does not register e-bikes, it is probably legal to use an e-bike you managed to register in some other state.  Growing up in CT, many of my neighbors would register their cars in Florida, even though they lived most of the time in CT.  Maybe one could find a state to do the same for e-bikes; Vermont, for example.
  S 159. Vehicle. Every device in, upon, or by which any person or
  property is or may be  transported  or  drawn  upon  a  highway,  except
  devices  moved  by human power or used exclusively upon stationary rails
  or tracks.
  S 123. Motorcycle.    Every  motor vehicle having a seat or saddle for
  the use of the rider and designed to  travel  on  not  more  than  three
  wheels in contact with the ground, but excluding a tractor.
   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.  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 121-b. Limited use motorcycle. A limited use vehicle having only two
  or  three  wheels, with a seat or saddle for the operator. A limited use
  motorcycle having a maximum performance speed, of more than thirty miles
  per hour but not more than forty miles per  hour  shall  be  a  class  A
  limited  use  motorcycle.  A  limited  use  motorcycle  having a maximum
  performance speed of more than twenty miles per hour but not  more  than
  thirty  miles  per  hour,  shall  be a class B limited use motorcycle. A
  limited use motorcycle having a maximum performance speed  of  not  more
  than twenty miles per hour shall be a class C limited use motorcycle.

Here's more information on state-level E-bike laws:
http://www.ncsl.org/research/transportation/state-electric-bicycle-laws-a-legislative-primer.aspx
http://ebike.research.pdx.edu/sites/default/files/NITC-RR-564_Regulations_of_E-Bikes_in_North_America_2.pdf


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