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:
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:
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
- 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.
- 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:
- "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?
- 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"?
- [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.
- 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.
- 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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