eBike Regulations in NY

[dko...@gmail.com]

The onerous eBike regulations in NY State that exist now don't even allow me to ride more than a mile from my house.

It's gotten worse. In the works are these proposed eBike regulations

Registration Requirement
Licensing Requirement
Age Restriction
Insurance Requirement

Phone calls, emails, and letters to your state senator and assemblyman are what are needed to stop these proposed restrictions. A letter with the letterhead of the club would be good too. (Suggest stating how many members in the club.) I have been on this, making a number of phone calls and writing a number of emails to the legislature, but I am just one person.

Don't think if these pass there won't be similar requirements put forward for bicyclists on non-motorized bikes.

If these proposed regulations pass New York will have the most restrictive eBike regulations in the United States. This in the state that was the first to give equal rights to the road to bicyclists, in 1887.

Demetri

[biff Frederikson]

Demetri, I'm curious - what are the age restrictions that are being considered?  Upper? Lower? Both?  😕

---

 

bicycle...@googlegroups.com

Google Groups

Topic digest
View all topics

• eBike Regulations in NY - 1 Update

eBike Regulations in NY

dko...@gmail.com: Apr 23 08:58AM -0400

[./#digest_top]Back to top

You received this digest because you're subscribed to updates for this group. You can change your settings on the group membership page. To unsubscribe from this group and stop receiving emails from it send an email to bicycletourin...@googlegroups.com.

[dko...@gmail.com]

I suggest you contact the League of American Bicyclists or ask your state senator or assemblyman if you are in New York State.

Demetri

--
You received this message because you are subscribed to the Google Groups "bicycletouring" group.
To unsubscribe from this group and stop receiving emails from it, send an email to bicycletourin...@googlegroups.com.
To view this discussion on the web visit https://groups.google.com/d/msgid/bicycletouring/ME3P282MB305260F7E8C04A6E0940BD5E80112%40ME3P282MB3052.AUSP282.PROD.OUTLOOK.COM.

[GMX]

This seems reasonable. Here is a more balanced view:

https://www.nytimes.com/article/ebike-laws-nyc.html?unlocked_article_code=1.oE0._9Ln.f_wiy9RcPbI_&smid=url-share

Frankly speaking, the way some e-bike riders behave, whether in New York or here in Spain, more than justifies the requirements of licensing, insurance etc., just as such regulations exist for mopeds/50cc motorcycles. There is no reason for different requirements for electric vs. gasoline-powered vehicles.

Cheers,

Nathan

Nathan Wajsman

na...@gmx.es

Слава Україні! Героям слава!

--
You received this message because you are subscribed to the Google Groups "bicycletouring" group.
To unsubscribe from this group and stop receiving emails from it, send an email to bicycletourin...@googlegroups.com.

To view this discussion on the web visit https://groups.google.com/d/msgid/bicycletouring/CAMZeKNrxmTwYKkHROwrf8-QA7SiZ9KAeXoNKoNOJHZBOymad7w%40mail.gmail.com.

[Bryan Lorber]

Thank you, Nathan, for sharing this well balanced and informative
article which clarifies many useful points.
Bryan
Amherst, MA

> To view this discussion on the web visit https://groups.google.com/d/msgid/bicycletouring/4A785DFB-3880-4D8F-9D5E-38FE3A39AB78%40gmx.es.

[dko...@gmail.com]

I am amazed at the number of people outside of New York who want to decide what laws should apply to me in New York State. 

The "balanced view" offered is particular to New York City. I don't live in New York City.

If eBikes were the same as mopeds, 50cc motorcycles it would not be necessary to have a separate category of laws. You could amend the laws applicable to mopeds/50cc motorcycles by just adding "and eBikes". In New York State, eBikes are defined as having fully operable pedals with an electric motor of fewer than 750 watts. They are not "motor vehicles" or "mopeds/50cc motorcycles". or "the same".

I am less concerned with the proposed additional eBike restrictions mentioned, which may not be adopted, and which I will continue to vigorously oppose, than the existing onerous eBike regulations, which I first revealed to this list two years ago, which all those who have applauded the proposed new regulations have failed to address. Current New York State eBike law prevents me from riding more than a mile from my house, and would have me arrested for traveling 21 mph in a 35 mph zone, where I could legally travel 35 mph on a non-motorized bike. For such limited use I must register my eBike, have licenses to drive and to operate, and have insurance? Absurd.

Demetri

On Mon, Apr 29, 2024 at 1:43 AM 'GMX' via bicycletouring <bicycle...@googlegroups.com> wrote:

[Wayne Estes]

My view about this issue is simple-minded:

E-bikes are motor vehicles.

Regulations apply to motor vehicles and motor vehicle operators.

If you don't want motor vehicle regulations, don't use a motor.

Wayne Estes

[Jon Meinecke]

Demetri  writes:

>

> I am amazed at the number of people outside of New York who want to decide

> what laws should apply to me in New York State. 

Hmmm... this thread is on a bicycle touring mailing list where many, perhaps most people on the list do not reside in New York.

But I think that it may still be interesting to people living elsewhere and their input may be useful.

I don't have a figurative "dog in this fight." I don't own an e-bike and I'm not much aware of restrictions on e-bikes even in my locality. Mostly I have observed they seem to be ridden responsibly.

The impact of electrical-assist options for cycle touring may be increasing,-- there's been some discussion of it here. But cycle tourists remain a tiny special interest group. The larger constituency for e-bikes would seem to be advocates for alternative transportation and mobility assistance.

> Current New York State eBike law prevents me from riding more than a mile from my house,

I presume that this is related to restrictions for operation of e-bikes on roads with a speed limit of greater than 30 mph.

If those route restrictions don't apply to an unassisted bike, then that does seem discriminatory. I wonder what the justification was for this. Often there is a history and agenda.

More than a few years ago, a Texas law was put forward to restrict bicyclists from any road with a speed limit of 45 mph. Turns out the representative who proposed the bill was upset with groups of cyclists riding on "his" rural farm-to-market road.

> [NY law] would have me arrested for traveling 21 mph in a 35 mph zone, where I could legally

> travel 35 mph on a non-motorized bike.

I presume this is related to power restrictions on different categories of e-bikes. They are using limits on speed capabilities as a way to categorise e-bikes.

> For such limited use I must register my eBike, have

> licenses to drive and to operate, and have insurance? Absurd.

Different localities have different licensing requirements for all sorts of things related to cycling. For instance, helmets are required for cyclists and motorcyclists in some places and not in others.

I have no context for how onerous it might be to register an e-bike, maintain a license, or carry insurance. Nor do I know the specific basis by which these requirements were justified in New York.

The question, I presume, is where  to draw the line between a motorcycle or moped and a power-assisted bicycle. Maybe they didn't get it right.

Lobby for change to regulations if they are unreasonable.

Good luck,

Jon

[dko...@gmail.com]

Just comment on this, 

"> [NY law] would have me arrested for traveling 21 mph in a 35 mph zone, where I could legally

> travel 35 mph on a non-motorized bike.

I presume this is related to power restrictions on different categories of e-bikes. They are using limits on speed capabilities as a way to categorise e-bikes."

No, eBikes in NY State are limited by a governor to a top speed of 20 mph (which speed might be exceeded going downhill), except in New York City, where eBikes that can go 28 mph are legal.

Demetri 

[dko...@gmail.com]

 In New York State, eBikes are defined as having fully operable pedals with an electric motor of fewer than 750 watts. They are not "motor vehicles" or "mopeds/50cc motorcycles". or "the same".

I am less concerned with the proposed additional eBike restrictions mentioned, which may not be adopted, and which I will continue to vigorously oppose, than the existing onerous eBike regulations, which I first revealed to this list two years ago, which all those who have applauded the proposed new regulations have failed to address. Current New York State eBike law prevents me from riding more than a mile from my house, and would have me arrested for traveling 21 mph in a 35 mph zone, where I could legally travel 35 mph on a non-motorized bike. For such limited use I must register my eBike, have licenses to drive and to operate, and have insurance? Absurd.

Demetri

--

[Jeremy Kindy]

> No, eBikes in NY State are limited by a governor to a top speed of 20 mph (which speed might be exceeded going downhill), except in New York City, where eBikes that can go 28 mph are legal.

Are you sure you're reading that correctly? https://dmv.ny.gov/registration/electric-scooters-and-bicycles-and-other-unregistered-vehicles

Note 2 indicates that the bike cannot provide assistance over 20mph, not that the bike cannot exceed 20mph. So if your ebike does not assist above 20mph, then you should be fine to travel above 20mph.

"(a) "Class one bicycle with electric assist." A bicycle with electric assist having an electric motor that provides assistance only when the person operating such bicycle is pedaling, and that ceases to provide assistance when such bicycle reaches a speed of twenty miles per hour.
(b) "Class two bicycle with electric assist." A bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of twenty miles per hour."

I think the other problem is likely "you can operate these devices on highways with a posted speed limit of 30 MPH or less" whereas that restriction may or may not be applied to non-electric bkes.  See https://www.dot.ny.gov/display/programs/bicycle/faq - "Bicyclists have the legal right to share the road on most public highways, but they are prohibited on interstate highways and expressways (Sec. 1229-a of the NYS Vehicle and Traffic Law and Sec. 316 of the Highway Law).   In addition, authorities with jurisdiction over other controlled-access highways may prohibit bicycles (Sec. 109 and Sec. 1621(a)(2), 1641(1) and 1660(12)).  Localities often prohibit bicycling on sidewalks.  However, some local ordinances permit children to bicycle on sidewalks.  For your safety and that of pedestrians, however, you should avoid busy city sidewalks."

Admittedly I've only done a quick search on these and haven't researched them much.

--
You received this message because you are subscribed to the Google Groups "bicycletouring" group.
To unsubscribe from this group and stop receiving emails from it, send an email to bicycletourin...@googlegroups.com.

To view this discussion on the web visit https://groups.google.com/d/msgid/bicycletouring/CAMZeKNrgQboL4WJUH8Ni%3DhP-f7Pts-5RxZzT9atEZipbkcgvQw%40mail.gmail.com.

[Mark Boyd]

My views are that e-bikes can  be used as motor vehicles and those that are only used that way probably should be treated as motor vehicles but that e-bikes can also be used as bicycles and that use should not be an issue that restricts their use as bicycles. Demetri's argument that NYC regulations now keep him from using e-bikes in the same way he uses regular bicycles makes sense to me. That should not be the case and I hope NYC officials can be persuaded that those regulations should be modified so that they don't limit his riding.  

I have three bikes that I have added e-assist to. The first one was my US upright touring bike. The second one was my US recumbent touring bike and the last one was my Surly Crank Forward bike. The only one of those I actually used for touring after adding e-assist was the CF bike. I removed the e-assist  from my regular touring bike, but have kept it on the other two bikes. 

Part of my problem with your "E-bikes are motor vehicles"  statement is that it doesn't recognize the range of variation in bikes that are, or at least can be, motorized. My bikes with motors are very much just bikes.  The assist that I have added is proportional to the power that I provide but never provides as much power as my pedalling provides on those bikes and usually set to provide much less than half the power I provide. That is true even when I'm climbing steep grades. I regularly climb those same grades on my unassisted  upright touring bike, but in gears much lower than I climb them on my e-assisted bikes whcih do not and can not have granny rings.

             Mark

On Mon, Apr 29, 2024 at 1:03 PM Wayne Estes <w9...@charter.net> wrote:

--

You received this message because you are subscribed to the Google Groups "bicycletouring" group.
To unsubscribe from this group and stop receiving emails from it, send an email to bicycletourin...@googlegroups.com.

To view this discussion on the web visit https://groups.google.com/d/msgid/bicycletouring/e510df11-1668-4cfc-9f8f-b24757505245%40charter.net.

[dko...@gmail.com]

That is what I said, the governor limits the eBike to 20 mph, which as I said, may be exceeded downhill. 

As you stated, the problem is that eBikes cannot be operated in NY State on highways with posted speed limits more than 30 miles an hour. I want that restriction removed. I see no reason I should be prohibited from roads where I can freely travel on a non-motorized bicycle.

Demetri

[dko...@gmail.com]

I do not live in New York State, but not in New York City and am not addressing any eBike issues there.

You are right, what I want is to travel on any roads with my eBike that I can legally travel on a non-motorized bike.

Saying that an eBike is a "motor vehicle" makes no sense. In New York State eBikes are defined as having fully operable pedals with an electric motor of fewer than 750 watts. That hardly makes them motor vehicles.

Demetri