E-bike applicable laws, reviewed
Last week’s Did You Know column was about a close call I had with a rider of an e-bike that was riding illegally against traffic rather than with it. A previous Did You Know column explaining the applicable laws for e-bikes was about three years ago, shortly after e-bikes became legal in New York state in April 2020.
It’s time to review the laws again. Under section 102-c of the Vehicle and Traffic Law (VTL), an e-bike is defined as a bicycle that is no more than 36 inches wide, has an electric motor of less than 750 watts, is equipped with peddles and meets the equipment and manufacturing requirements for bicycles. E-bikes are also excluded from the definition of a motor vehicle.
The new law places e-bikes into three classes. In a class one e-bike the electric motor only provides assistance when the person riding is also peddling, and ceases to provide assistance when the speed reaches 20 mph. A class two e-bike has an electric motor that may be used exclusively (without peddling) to propel the bicycle up to speeds of 20 mph.
A class three e-bike can propel the bicycle without the rider peddling up to 25 mph, but is only allowed in a city with a population of one million or more. That means it is limited to use in New York City only.
No person less than 16 years of age is allowed to operate an e-bike. Furthermore, e-bikes are not allowed on public lands or property, other than highways, unless allowed by regulation or order.
E-bikes cannot be operated on a sidewalk unless allowed by local law or ordinance by the city, village or town that has jurisdiction over sidewalks. As far as I know, no municipality in northern New York state has such a local law or ordinance.
Also, it is illegal to park an e-bike in a manner that interferes with the free passage of pedestrians on a sidewalk, and all e-bike riders must yield the right-of-way to pedestrians.
Persons riding e-bikes shall ride single file and may only be operated on highways with a posted speed limit of 30 mph or less.
E-bikes are also subject to all rules, regulations and provisions applicable to bicycles. Operation of an e-bike while under the influence of alcohol and/or drugs is prohibited.
The new law also covers electric scooters, which are defined as a device weighing less than 100 pounds that has handlebars, a floorboard or a seat that can be stood or sat upon by the operator and an electric motor, and can be powered by the electric motor and/or human power. It also can have a maximum speed of no more than 20 mph on a paved level surface when powered solely by the electric motor.
This column covers most of the new laws for e-bikes and e-scooters, devices that are becoming quite popular as a great means of transportation. But riders must be responsible by knowing and understanding the applicable laws, and obeying the laws.
Finally, one more piece of advice: Drivers should expect the unexpected.