STATE OF NEW YORK
________________________________________________________________________
1388
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
___________
Introduced by M. of A. PERRY, SANTABARBARA, JOHNS, JEAN-PIERRE, FAHY,
STECK, CARROLL, THIELE, LUPARDO, LIFTON, SIMON, ABINANTI, ARROYO,
SEAWRIGHT, COLTON, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A.
EPSTEIN -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, the highway law and the
general municipal law, in relation to the regulation of electric
assisted bicycles
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 102-c to read as follows:
3 § 102-c. Electric assisted bicycle. A bicycle equipped with fully
4 operable pedals and an electric motor with an output of less than seven
5 hundred fifty watts (one horsepower) whereby such electric motor engages
6 only when the operator is pedaling and disengages or ceases to function
7 when such bicycle's brakes are applied, the operator stops pedaling, or
8 such bicycle achieves a speed of twenty miles per hour or more.
9 § 2. Section 121-b of the vehicle and traffic law, as amended by chap-
10 ter 160 of the laws of 1981, is amended to read as follows:
11 § 121-b. Limited use motorcycle. A limited use vehicle having only two
12 or three wheels, with a seat or saddle for the operator, except electric
13 assisted bicycles as defined in section one hundred two-c of this arti-
14 cle. A limited use motorcycle having a maximum performance speed[,] of
15 more than thirty miles per hour but not more than forty miles per hour
16 shall be a class A limited use motorcycle. A limited use motorcycle
17 having a maximum performance speed of more than twenty miles per hour
18 but not more than thirty miles per hour, shall be a class B limited use
19 motorcycle. A limited use motorcycle having a maximum performance speed
20 of not more than twenty miles per hour shall be a class C limited use
21 motorcycle.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05810-01-9
A. 1388 2
1 § 3. Section 125 of the vehicle and traffic law, as amended by chapter
2 365 of the laws of 2008, is amended to read as follows:
3 § 125. Motor vehicles. Every vehicle operated or driven upon a public
4 highway which is propelled by any power other than muscular power,
5 except (a) electrically-driven mobility assistance devices operated or
6 driven by a person with a disability, (a-1) electric personal assistive
7 mobility devices operated outside a city with a population of one
8 million or more, (b) vehicles which run only upon rails or tracks, (c)
9 snowmobiles as defined in article forty-seven of this chapter, [and] (d)
10 all terrain vehicles as defined in article forty-eight-B of this
11 chapter, and (e) electric assisted bicycles as defined in section one
12 hundred two-c of this article. For the purposes of title four of this
13 chapter, the term motor vehicle shall exclude fire and police vehicles
14 other than ambulances. For the purposes of titles four and five of this
15 chapter the term motor vehicles shall exclude farm type tractors and all
16 terrain type vehicles used exclusively for agricultural purposes, or for
17 snow plowing, other than for hire, farm equipment, including self-pro-
18 pelled machines used exclusively in growing, harvesting or handling farm
19 produce, and self-propelled caterpillar or crawler-type equipment while
20 being operated on the contract site.
21 § 4. Section 159 of the vehicle and traffic law is amended to read as
22 follows:
23 § 159. Vehicle. Every device in, upon, or by which any person or prop-
24 erty is or may be transported or drawn upon a highway, except devices
25 moved by human power or used exclusively upon stationary rails or tracks
26 and electric assisted bicycles as defined in section one hundred two-c
27 of this article.
28 § 5. Section 1230 of the vehicle and traffic law, subdivision (b) as
29 amended by chapter 694 of the laws of 1995, is amended to read as
30 follows:
31 § 1230. Effect of regulations. (a) The parent of any child and the
32 guardian of any ward shall not authorize or knowingly permit any such
33 child or ward to violate any of the provisions of this article.
34 (b) These regulations applicable to bicycles, electric assisted bicy-
35 cles, or to in-line skates shall apply whenever a bicycle or electric
36 assisted bicycle is, or in-line skates are, operated upon any highway,
37 upon private roads open to public motor vehicle traffic and upon any
38 path set aside for the exclusive use of bicycles, electric assisted
39 bicycles, or in-line skates, or [both] all.
40 § 6. Section 1231 of the vehicle and traffic law, as amended by chap-
41 ter 694 of the laws of 1995, is amended to read as follows:
42 § 1231. Traffic laws apply to persons riding bicycles or electric
43 assisted bicycles or skating or gliding on in-line skates. Every person
44 riding a bicycle or electric assisted bicycle or skating or gliding on
45 in-line skates upon a roadway shall be granted all of the rights and
46 shall be subject to all of the duties applicable to the driver of a
47 vehicle by this title, except as to special regulations in this article
48 and except as to those provisions of this title which by their nature
49 can have no application.
50 § 7. Section 1232 of the vehicle and traffic law is amended to read as
51 follows:
52 § 1232. Riding on bicycles and electric assisted bicycles. (a) A
53 person propelling a bicycle or electric assisted bicycle shall not ride
54 other than upon or astride a permanent and regular seat attached there-
55 to, nor shall he ride with his feet removed from the pedals.
A. 1388 3
1 (b) No bicycle or electric assisted bicycle shall be used to carry
2 more persons at one time than the number for which it is designed and
3 equipped.
4 § 8. The vehicle and traffic law is amended by adding a new section
5 1232-a to read as follows:
6 § 1232-a. Additional requirements for operating an electric assisted
7 bicycle. (a) No person shall operate or park an electric assisted bicy-
8 cle on any public highway or street in this state unless a legible label
9 is permanently affixed by the bicycle or pedal assisted motor manufac-
10 turer, in a prominent location, on such person's electric assisted bicy-
11 cle. Such label shall contain the maximum speed, and motor wattage of
12 the electric assisted bicycle, and shall be printed in arial font in at
13 least nine-point type. On and after January first, two thousand twen-
14 ty-one, manufacturers and distributors of electric assisted bicycles
15 shall apply a label that is permanently affixed, in a prominent
16 location, to each electric assisted bicycle. The label shall contain the
17 top assisted speed, and motor wattage of electric assisted bicycle, and
18 shall be printed in arial font in at least nine-point type.
19 (b) No person shall permit any label required by subdivision (a) of
20 this section to be affixed to an electric assisted bicycle to become
21 illegible.
22 (c) No person or entity shall park or otherwise make available any
23 electric assisted bicycle for use or operation by another on any public
24 highway or street in the state unless a legible label is permanently
25 affixed in a manner which meets the requirements of paragraph (a) of
26 this section.
27 (d) The court shall waive any fine for which a person who violates the
28 provisions of paragraph (a) of this section is liable if such person
29 supplies the court with (1) proof that between the date of violation and
30 the appearance date for such violation, such label was repaired or
31 replaced in a manner which meets the requirements of paragraph (a) of
32 this section; or (2) proof that such electric assisted bicycle had been
33 operated in violation of this section within the duration of a short
34 term lease or other agreement.
35 (e) Every manufacturer of an electric assisted bicycle shall certify,
36 at a minimum, that it complies with the equipment and manufacturing
37 requirements for bicycles adopted by the United States consumer product
38 safety commission (16 C.F.R. 1512.1, et seq.).
39 § 9. Subdivision 1 of section 1233 of the vehicle and traffic law, as
40 amended by chapter 703 of the laws of 2004, is amended to read as
41 follows:
42 1. No person riding upon any bicycle, electric assisted bicycle,
43 coaster, in-line skates, roller skates, skate board, sled, or toy vehi-
44 cle shall attach the same or himself or herself to any vehicle being
45 operated upon a roadway.
46 § 10. Section 1234 of the vehicle and traffic law, as amended by chap-
47 ter 16 of the laws of 1996, is amended to read as follows:
48 § 1234. Riding on roadways, shoulders, bicycle, electric assisted
49 bicycle or in-line skate lanes and bicycle or in-line skate paths. (a)
50 Upon all roadways, any bicycle, electric assisted bicycle or in-line
51 skate shall be driven either on a usable bicycle or in-line skate lane
52 or, if a usable bicycle or in-line skate lane has not been provided,
53 near the right-hand curb or edge of the roadway or upon a usable right-
54 hand shoulder in such a manner as to prevent undue interference with the
55 flow of traffic except when preparing for a left turn or when reasonably
56 necessary to avoid conditions that would make it unsafe to continue
A. 1388 4
1 along near the right-hand curb or edge. Conditions to be taken into
2 consideration include, but are not limited to, fixed or moving objects,
3 vehicles, bicycles, electric assisted bicycles, in-line skates, pedes-
4 trians, animals, surface hazards or traffic lanes too narrow for a bicy-
5 cle, or electric assisted bicycle or person on in-line skates and a
6 vehicle to travel safely side-by-side within the lane.
7 (b) Persons riding bicycles or electric assisted bicycles or skating
8 or gliding on in-line skates upon a roadway shall not ride more than two
9 abreast. Persons riding bicycles or electric assisted bicycles or skat-
10 ing or gliding on in-line skates upon a shoulder, bicycle or in-line
11 skate lane, or bicycle or in-line skates path, intended for the use of
12 bicycles or in-line skates may ride two or more abreast if sufficient
13 space is available, except that when passing a vehicle, bicycle, elec-
14 tric assisted bicycle or person on in-line skates, or pedestrian, stand-
15 ing or proceeding along such shoulder, lane or path, persons riding
16 bicycles or electric assisted bicycles or skating or gliding on in-line
17 skates shall ride, skate, or glide single file. Persons riding bicycles
18 or electric assisted bicycles or skating or gliding on in-line skates
19 upon a roadway shall ride, skate, or glide single file when being over-
20 taken by a vehicle.
21 (c) Any person operating a bicycle or electric assisted bicycle or
22 skating or gliding on in-line skates who is entering the roadway from a
23 private road, driveway, alley or over a curb shall come to a full stop
24 before entering the roadway.
25 § 11. Section 1235 of the vehicle and traffic law, as amended by chap-
26 ter 703 of the laws of 2004, is amended to read as follows:
27 § 1235. Carrying articles. No person operating a bicycle or electric
28 assisted bicycle shall carry any package, bundle, or article which
29 prevents the driver from keeping at least one hand upon the handle bars.
30 No person skating or gliding on in-line skates shall carry any package,
31 bundle, or article which obstructs his or her vision in any direction.
32 No person operating a skate board shall carry any package, bundle, or
33 article which obstructs his or her vision in any direction.
34 § 12. Section 1236 of the vehicle and traffic law, subdivision (a) as
35 amended by chapter 16 of the laws of 2009 and subdivisions (d) and (e)
36 as added by chapter 887 of the laws of 1976, is amended to read as
37 follows:
38 § 1236. Lamps and other equipment on bicycles and electric assisted
39 bicycles. (a) Every bicycle or electric assisted bicycle when in use
40 during the period from one-half hour after sunset to one-half hour
41 before sunrise shall be equipped with a lamp on the front which shall
42 emit a white light visible during hours of darkness from a distance of
43 at least five hundred feet to the front and with a red or amber light
44 visible to the rear for three hundred feet. Effective July first, nine-
45 teen hundred seventy-six, at least one of these lights shall be visible
46 for two hundred feet from each side.
47 (b) No person shall operate a bicycle or electric assisted bicycle
48 unless it is equipped with a bell or other device capable of giving a
49 signal audible for a distance of at least one hundred feet, except that
50 a bicycle or electric assisted bicycle shall not be equipped with nor
51 shall any person use upon a bicycle or electric assisted bicycle any
52 siren or whistle.
53 (c) Every bicycle or electric assisted bicycle shall be equipped with
54 a brake which will enable the operator to make the braked wheels skid on
55 dry, level, clean pavement, provided, however, such brake of an electric
A. 1388 5
1 assisted bicycle shall also operate in a manner so that the electric
2 motor is disengaged or ceases to function when the brake is applied.
3 (d) Every new bicycle or electric assisted bicycle shall be equipped
4 with reflective tires or, alternately, a reflex reflector mounted on the
5 spokes of each wheel, said tires and reflectors to be of types approved
6 by the commissioner. The reflex reflector mounted on the front wheel
7 shall be colorless or amber, and the reflex reflector mounted on the
8 rear wheel shall be colorless or red.
9 (e) Every bicycle or electric assisted bicycle when in use during the
10 period from one-half hour after sunset to one-half hour before sunrise
11 shall be equipped with reflective devices or material meeting the stand-
12 ards established by rules and regulations promulgated by the commission-
13 er; provided, however, that such standards shall not be inconsistent
14 with or otherwise conflict with the requirements of subdivisions (a) and
15 (d) of this section.
16 § 13. Section 1238 of the vehicle and traffic law, as amended by chap-
17 ter 267 of the laws of 1993, paragraph (a) of subdivision 2 and para-
18 graphs (a) and (b) of subdivision 5 as amended by chapter 457 of the
19 laws of 1999, subdivisions 2-a, 5-a, 9 and 10 and paragraph (c) of
20 subdivision 6 as amended by chapter 703 of the laws of 2004, subdivision
21 5 as amended by chapter 132 of the laws of 1994, subdivision 5-b as
22 added and paragraph (a) of subdivision 6 as amended by chapter 402 of
23 the laws of 2001 and subdivision 8 as amended by chapter 694 of the laws
24 of 1995, is amended to read as follows:
25 § 1238. Passengers on bicycles or electric assisted bicycles under one
26 year of age prohibited; passengers and operators under fourteen years of
27 age to wear protective headgear. 1. No person operating a bicycle or
28 electric assisted bicycle shall allow a person who is under one year of
29 age to ride as a passenger on a bicycle or electric assisted bicycle nor
30 shall such person be carried in a pack fastened to the operator. A first
31 violation of the provisions of this subdivision shall result in no fine.
32 A second violation shall result in a civil fine not to exceed fifty
33 dollars.
34 2. No person operating a bicycle or electric assisted bicycle shall
35 allow a person one or more years of age and less than five years of age
36 to ride as a passenger on a bicycle or electric assisted bicycle unless:
37 (a) such passenger is wearing a helmet meeting standards established
38 by the commissioner. For the purposes of this subdivision wearing a
39 helmet means having a helmet of good fit fastened securely upon the head
40 with the helmet straps; and
41 (b) such passenger is placed in a separate seat attached to the bicy-
42 cle or electric assisted bicycle and such seat shall have adequate
43 provision for retaining the passenger in place and for protecting the
44 passenger from the moving parts of the bicycle or electric assisted
45 bicycle.
46 2-a. The commissioner shall promulgate rules and regulations estab-
47 lishing standards for helmets required to be worn while bicycling,
48 in-line skating, or operating a skate board. Such standards, to the
49 extent practicable, shall reflect the standards recommended by the Snell
50 Memorial Foundation, Safety Equipment Institute, or United States
51 Consumer Product Safety Commission.
52 3. Any person who violates the provisions of subdivision two of this
53 section shall pay a civil fine not to exceed fifty dollars.
54 4. The court shall waive any fine for which a person who violates the
55 provisions of paragraph (a) of subdivision two of this section would be
56 liable if such person supplies the court with proof that between the
A. 1388 6
1 date of violation and the appearance date for such violation such person
2 purchased or rented a helmet, which meets the requirements of paragraph
3 (a) of subdivision two of this section. Further, the court shall waive
4 any fine for which a person who violates the provisions of paragraph (b)
5 of subdivision two of this section would be liable if such person
6 supplies the court with proof that between the date of violation and the
7 appearance date for such violation such person purchased or rented a
8 seat which meets the requirements of paragraph (b) of subdivision two of
9 this section. The court may waive any fine for which a person who
10 violates the provisions of subdivision two of this section would be
11 liable if the court finds that due to reasons of economic hardship such
12 person was unable to purchase a helmet or seat. Such waiver of fine
13 shall not apply to a second or subsequent conviction under paragraph (a)
14 or (b) of subdivision two of this section.
15 5. (a) No person operating a bicycle or electric assisted bicycle
16 shall allow a person five or more years of age and less than fourteen
17 years of age to ride as a passenger on a bicycle or electric assisted
18 bicycle unless such passenger is wearing a helmet meeting standards
19 established by the commissioner.
20 (b) No person, one or more years of age and less than fourteen years
21 of age, shall operate a bicycle or electric assisted bicycle unless such
22 person is wearing a helmet meeting standards established by the commis-
23 sioner.
24 (c) For the purposes of this subdivision wearing a helmet means having
25 a helmet of good fit fastened securely upon the head with the helmet
26 straps.
27 5-a. No person, one or more years of age and less than fourteen years
28 of age, shall skate or glide on in-line skates or a skate board unless
29 such person is wearing a helmet meeting standards established by the
30 commissioner. For the purposes of this subdivision, wearing a helmet
31 means having a helmet of good fit fastened securely on the head of such
32 wearer with the helmet straps securely fastened.
33 5-b. No person less than fourteen years of age shall ride upon, propel
34 or otherwise operate a two-wheeled vehicle commonly called a scooter
35 unless such person is wearing a helmet meeting standards established by
36 the commissioner. As used in this subdivision, wearing a helmet means
37 having a properly fitting helmet fixed securely on the head of such
38 wearer with the helmet straps securely fastened.
39 6. (a) Any person who violates the provisions of subdivision five,
40 five-a or five-b of this section shall pay a civil fine not to exceed
41 fifty dollars.
42 (b) The court shall waive any fine for which a person who violates the
43 provisions of subdivision five of this section would be liable if such
44 person supplies the court with proof that between the date of violation
45 and the appearance date for such violation such person purchased or
46 rented a helmet.
47 (c) The court may waive any fine for which a person who violates the
48 provisions of subdivision five, five-a, or five-b of this section would
49 be liable if the court finds that due to reasons of economic hardship
50 such person was unable to purchase a helmet or due to such economic
51 hardship such person was unable to obtain a helmet from the statewide
52 in-line skate and bicycle helmet distribution program, as established in
53 section two hundred six of the public health law, or a local distrib-
54 ution program.
55 7. The failure of any person to comply with the provisions of this
56 section shall not constitute contributory negligence or assumption of
A. 1388 7
1 risk, and shall not in any way bar, preclude or foreclose an action for
2 personal injury or wrongful death by or on behalf of such person, nor in
3 any way diminish or reduce the damages recoverable in any such action.
4 8. A police officer shall only issue a summons for a violation of
5 subdivision two, five, or five-a of this section by a person less than
6 fourteen years of age to the parent or guardian of such person if the
7 violation by such person occurs in the presence of such person's parent
8 or guardian and where such parent or guardian is eighteen years of age
9 or more. Such summons shall only be issued to such parent or guardian,
10 and shall not be issued to the person less than fourteen years of age.
11 9. Subdivisions five, five-a, five-b, and six of this section shall
12 not be applicable to any county, city, town or village that has enacted
13 a local law or ordinance prior to the effective date of this subdivision
14 that prohibits a person who is one or more years of age and less than
15 fourteen years of age from operating a bicycle, electric assisted bicy-
16 cle or skating or gliding on in-line skates or a skate board without
17 wearing a bicycle helmet meeting the standards of the American National
18 Standards Institute (Ansi Z 90.4 bicycle helmet standards), the Snell
19 Memorial Foundation's Standards for Protective Headgear for use in Bicy-
20 cling, or the American Society of Testing and Materials (ASTM) bike
21 helmet standards, or that prohibits a person operating a bicycle or
22 electric assisted bicycle from allowing a person five or more years of
23 age and less than fourteen years of age to ride as a passenger on a
24 bicycle or electric assisted bicycle unless such passenger is wearing a
25 bicycle helmet that meets such standards. The failure of any person to
26 comply with any such local law or ordinance shall not constitute contri-
27 butory negligence or assumption of risk, and shall not in any way bar,
28 preclude or foreclose an action for personal injury or wrongful death by
29 or on behalf of such person, nor in any way diminish or reduce the
30 damages recoverable in any such action. The legislative body of a coun-
31 ty, city, town or village may enact a local law or ordinance that
32 prohibits a person who is fourteen or more years of age from skating or
33 gliding on in-line skates, operating a skate board, or operating or
34 riding as a passenger on a bicycle or electric assisted bicycle without
35 wearing a bicycle helmet.
36 10. No person shall skate or glide on in-line skates or a skate board
37 outside during the period of time between one-half hour after sunset and
38 one-half hour before sunrise unless such person is wearing readily visi-
39 ble reflective clothing or material which is of a light or bright color.
40 § 14. Section 1240 of the vehicle and traffic law, as added by chapter
41 468 of the laws of 2001, is amended to read as follows:
42 § 1240. Leaving the scene of an incident involving a wheeled non-mo-
43 torized means of conveyance or an electric assisted bicycle without
44 reporting in the second degree. 1. Any person age eighteen years or
45 older operating a wheeled non-motorized means of conveyance, including,
46 but not limited to bicycles, in-line skates, roller skates and skate
47 boards or an electric assisted bicycle as defined in section one hundred
48 two-c of this chapter, who, knowing or having cause to know, that phys-
49 ical injury, as defined in subdivision nine of section 10.00 of the
50 penal law, has been caused to another person, due to the operation of
51 such non-motorized means of conveyance, or electric assisted bicycle by
52 such person, shall, before leaving the place where the said physical
53 injury occurred, stop, and provide his name and residence, including
54 street and street number, to the injured party, if practical, and also
55 to a police officer, or in the event that no police officer is in the
56 vicinity of the place of said injury, then such person shall report said
A. 1388 8
1 incident as soon as physically able to the nearest police station or
2 judicial officer.
3 2. Leaving the scene of an incident involving a wheeled non-motorized
4 means of conveyance, or an electric assisted bicycle without reporting
5 in the second degree is a violation.
6 § 15. Section 1241 of the vehicle and traffic law, as added by chapter
7 468 of the laws of 2001, is amended to read as follows:
8 § 1241. Leaving the scene of an incident involving a wheeled non-mo-
9 torized means of conveyance, or an electric assisted bicycle, without
10 reporting in the first degree. 1. Any person age eighteen years or
11 older operating a wheeled non-motorized means of conveyance, including,
12 but not limited to bicycles, in-line skates, roller skates and skate
13 boards or an electric assisted bicycle as defined in section one hundred
14 two-c of this chapter, who, knowing or having cause to know, that seri-
15 ous physical injury, as defined in subdivision ten of section 10.00 of
16 the penal law, has been caused to another person, due to the operation
17 of such non-motorized means of conveyance, or electric assisted bicycle
18 by such person, shall, before leaving the place where the said serious
19 physical injury occurred, stop, and provide his name and residence,
20 including street and street number, to the injured party, if practical,
21 and also to a police officer, or in the event that no police officer is
22 in the vicinity of the place of said injury, then such person shall
23 report said incident as soon as physically able to the nearest police
24 station or judicial officer.
25 2. Leaving the scene of an incident involving a wheeled non-motorized
26 means of conveyance, or an electric assisted bicycle without reporting
27 in the first degree is a class B misdemeanor.
28 § 16. The vehicle and traffic law is amended by adding a new section
29 1242 to read as follows:
30 § 1242. Tampering with an electric assisted bicycle. 1. No person
31 shall tamper with or modify an electric assisted bicycle to:
32 (a) increase the output of such bicycle to seven hundred fifty watts
33 or greater;
34 (b) engage the electric motor when:
35 (i) the operator of such bicycle is not pedaling;
36 (ii) the operator of such bicycle has applied the brakes; or
37 (iii) such bicycle has achieved a speed of twenty miles per hour or
38 greater; or
39 (c) accelerate the speed of the electric assisted bicycle motor by
40 means other than pedaling.
41 2. A violation of the provisions of subdivision one of this section
42 shall constitute a traffic infraction punishable by a fine of up to one
43 hundred fifty dollars or a sentence of imprisonment for up to fifteen
44 days or both such fine and imprisonment.
45 § 17. Section 316 of the highway law, as amended by chapter 655 of the
46 laws of 1978, is amended to read as follows:
47 § 316. Entitled to free use of highways. The authorities having charge
48 or control of any highway, public street, park, parkway, driveway, or
49 place, shall have no power or authority to pass, enforce or maintain any
50 ordinance, rule or regulation by which any person using a bicycle, elec-
51 tric assisted bicycle or tricycle shall be excluded or prohibited from
52 the free use of any highway, public street, avenue, roadway, driveway,
53 parkway, park, or place, at any time when the same is open to the free
54 use of persons having and using other pleasure carriages, except upon
55 such driveway, speedway or road as has been or may be expressly set
56 apart by law for the exclusive use of horses and light carriages. But
A. 1388 9
1 nothing herein shall prevent the passage, enforcement or maintenance of
2 any regulation, ordinance or rule, regulating the use of bicycles, elec-
3 tric assisted bicycles or tricycles in highways, public streets, drive-
4 ways, parks, parkways, and places, or the regulation of the speed of
5 carriages, vehicles or engines, in public parks and upon parkways and
6 driveways in the city of New York, under the exclusive jurisdiction and
7 control of the department of parks and recreation of said city, nor
8 prevent any such authorities in any other city from regulating the speed
9 of any vehicles herein described in such manner as to limit and deter-
10 mine the proper rate of speed with which such vehicle may be propelled
11 nor in such manner as to require, direct or prohibit the use of bells,
12 lamps and other appurtenances nor to prohibit the use of any vehicle
13 upon that part of the highway, street, park, or parkway, commonly known
14 as the footpath or sidewalk.
15 § 18. Section 180 of the general municipal law, as amended by chapter
16 668 of the laws of 2004, is amended to read as follows:
17 § 180. Ordinances to regulate use of bicycles and electric assisted
18 bicycles. The governing boards of municipal corporations as defined in
19 section two of this chapter, may adopt local laws to regulate the use of
20 bicycles and electric assisted bicycles on the public highways, streets,
21 avenues, walks, parks and public places within their limits. Such local
22 laws shall be supplemental and in addition to the provisions of the
23 vehicle and traffic law relating to vehicles and not in conflict there-
24 with. Provided further that such local laws shall not impose any charge,
25 tax or otherwise not provide for the free use of bicycles, electric
26 assisted bicycles and tricycles.
27 § 19. This act shall take effect on the one hundred eightieth day
28 after it shall have become a law.