Consumer Protection: New bill aims to eliminate high-speed e-motos in New York
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A New York City Democrat is proposing legislation she says would clear up deceptive selling practices that have allowed e-motos and electric off-highway motorcycles to be sold in New York state.
Sen. Kristin Gonzalez, D-New York City, recently introduced the bill (S.10700) in the state Senate to define the terms E-moto and Electric off-highway motorcycle in the law, prohibit deceptive selling practices, prohibit the sale of E-motos, and establish procedures for selling electric off-highway motorcycles.
Bicycles with electric assistance, also known as e-bikes, and scooters with electric assistance, also known as e-scooters, are subject to strict safety requirements and speed limits in New York. Letitia James, state attorney general, recently said marketing and selling vehicles to New Yorkers as “e-bikes” or “e-scooters” that exceed state speed or power limits for those vehicles is a violation of New York law. Two-wheeled electric-powered vehicles that travel beyond those speed limits are not e-bikes or e-scooters under New York law. They may be e-motos, mopeds, or motorcycles that are subject to additional registration, licensing, and insurance requirements.
Gonzalez said in her co-sponsorship memorandum the state needs to do more to limit the purchase of e-motos in New York after a crash on the Queensboro Bridge in May involving an e-moto traveling more than 50 miles an hour and a cyclist. Both riders were killed in the accident.
"The crash has highlighted the need for increased legislation to address the influx of illegal high speed motorized vehicles, also known as “e-motos.” These high-speed machines are able to reach speeds of 25 miles per hour or more, which is illegal under state law. Under state and New York City law, electronic scooters and bikes may travel at a maximum of 15 miles per hour,' Gonzalez said in her memorandum. "While banned from city streets, these devices are still being sold through distributors and resellers, particularly online retailers. These devices are often deceptively and incorrectly marketed as e-bikes or e-scooters, which are legally defined in state law and have limits on maximum speeds they can travel. These practices can lead consumers to believe they are purchasing and riding safe and legal vehicles."
Gonzalez said her bill will establish a definition of e-motos to legally distinguish the vehicles these e-bikes that are authorized under state law. S.10700 would also prohibit the sale of e-motos that are not legal to ride on streets in New York state, require retailers to provide a warning notice on devices that are not legal to ride or to sell on streets, and ban false advertising and marketing of illegal e-motos and legal vehicles.
Under New York law, e-bikes must have an electric motor of less than 750 watts, and fall into one of three classes:
– Class 1, also known as low-speed pedal-assisted e-bikes, provide electric assistance only while being pedaled and only at speeds under 20 miles per hour.
– Class 2, also known as low-speed throttle-assisted e-bikes, provide electric assistance up to 20 miles per hour but have a throttle that allows the rider to use the motor without pedaling.
– Class 3, also known as speed throttle-assisted electric bicycles, are similar to Class 2 e-bikes, but the electric motor assistance must stop when the bicycle reaches 25 miles per hour.
All e-bikes sold in New York must have a permanent label that identifies the bike’s classification number, top assisted speed, and the wattage of its motor. It is illegal in New York to ride a Class 1 or 2 e-bike with electric assist faster than 20 miles per hour. It is also illegal to ride a Class 3 e-bike outside of New York City, or with electric assist in excess of 25 miles per hour. Riders must be at least 16 years old to legally operate any e-bike in New York state.
Under New York law, e-scooters are defined as having a maximum speed of no more than 20 miles per hour. It is illegal to ride an e-scooter in New York over 15 miles per hour. As with e-bikes, e-scooters sold in New York must have a permanent label that identifies the top assisted speed, the number of people for which it is designed and equipped, and the motor wattage. Riders must be at least 16 years old to legally operate or ride as a passenger on e-scooters in New York state. Cities, counties, and other local governments may have additional rules and ordinances regarding where and how e-bikes and e-scooters can be ridden.
"Since their legalization in 2020, e-bikes and e-scooters have been woven into the fabric of day-to-day life, from getting to work to ordering from a delivery service. It is of the utmost importance to safeguard the street legal modes of transport by cutting off the flow of illegal e-motos into our state and on our streets. Through this bill, we can protect consumers from false advertising, restrict unsafe vehicles, and make our streets safer for all," Gonzalez said.