New York City's “Ban” on “Ebikes”

The news last week that ebikes were to be banned in NYC came from a NY Daily News story and a short item on CBS-TV. Fortunately, the reports were inaccurate and incomplete as far as they went since they were devoid of explanations or context. Close examination of the actual bills, #1026 and #1030 offers a different picture. This is not an ebike ban. It is an attempt to stop mopeds from being regarded as bicycles, and scooters, some weighing 300 pounds, with make-believe pedals, to conform to existing vague Federal standards, from using a legal loophole to avoid having to be registered, licensed or insured. The City Council's #1026 allows, by implication, pedal-activated systems to be used here, as soon as the State law is changed to permit electric-assist bicycles. Two bills now making their way through the State legislature will do this.

The legislation just passed by the City Council and awaiting the Mayor's signature on May 15th, is titled a Motor Scooter bill. It's primary purpose is to reverse a little-known 2004 NYC regulation that allowed any motorized vehicle traveling at 15 MPH or less to be legal in the city. It is a well-know fact that traveling at such a slow speed, the likelihood of any serious injuries caused by a collision is very small, especially if the vehicle is of minimal size. Regardless, providing such a permissive policy was very unusual for New York City, which tends to precisely regulate most matters within its borders in a very detailed way, from food preparation to dog-walking. In fact, it was not a bad idea to clear away some of the confusion regarding what, exactly an electric-assist bicycle is. 

The genesis of this legislation is that a few local politicians have reported a great many calls to their district offices, expressing great unhappiness, provoked by encounters with restaurant deliverers, primarily on the largely-conservative Upper East Side of Manhattan. Certainly there are pedestrians  who feel intimidated by the sometimes aggressive riding style of these hard-working cyclists. Time is of the essence to them, and to their hungry customers too. A series of inflammatory editorials in both of New York's often anti-bike tabloids has fed the flames nicely. The cops claim that these road warriors are going so fast and are so elusive that they are incapable of apprehending them speeding the wrong way up the street. Even in the absence of a single bad accident photo op, the noise level has been loud. Since you can't ban Chinese food................ 

This legitimate concern was addressed over the past ten months through a multi-lingual educational program undertaken by the NYC DOT. Posters and pamphlets were printed and delivered to every establishment. Restaurant owners were invited to a series of events at which the new regulations were explained, the vests and helmets that their employees were going to have to wear, along with big numbers and licenses to identify them. Restaurant owners were told that they could be liable for tickets issued to bike deliverers. They were also assured that they wouldn't be issued summonses simply for having ebikes, but must make sure that they have the right safety equipment lights, etc. This legislation calls for heavy fines though and even confiscation of vehicles in spite of those assurances.

New requirements were only put into effect within the last month and the compliance rate so far appears to be almost total. There is no doubt that these new policies have had a considerable impact on restraining bad behavior by cyclists. Restaurants are highly regulated businesses and understand the power of the City to impose its will. So, regardless of a dramatic improvement in the situation which provoked the unhappiness, this extreme step is being taken.

The situation is not very different from the one 25 years ago, during the last  “bike ban”, when Fifth, Park and Madison Avenues were closed to bike traffic, to enable some politicians to try to look like they were addressing a host of complaints about bike messengers and their riding styles in congested midtown Manhattan. A series of demonstrations (most organized out of my storefront in lower Manhattan by the messengers themselves) resulted in the reversal of this policy. It's true that, in addition to some of the most dramatic and effective street demonstrations ever, innumerable phone calls from ad agencies and Wall street firms screaming in pain also helped considerably to establish the urgent need for this kind of service to their businesses.

Now that fax machines and email have done their work thinning the herd, messengers have become icons of style and everybody in Brooklyn rides a fixie. The antagonism against hard-riding urban cycling persists though, it's just that the target has changed from homeboys with portfolios of fashion photos to young Asian and Hispanic men hauling ribs.

There needs to be a three staged effort:

In order to support the health, safety and well-being of its residents, the State Legislature and Governor must permit electric-assist bicycles to be made legal in New York, which should not be put under the jurisdiction of the Department of Motor Vehicles, in order to conform to current Federal law.

The City must then be convinced to allow pedal-activated ebikes, “pedelecs” to be used, as their current bill, #1026, permits (in spite of headlines to the contrary).

Mayor Bloomberg Expected To Sign E-Bike Ban

Dirt Bikes Also To Be Banned From NYC Streets

April 26, 2013 10:54 AM

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NEW YORK (CBS New York) - Mayor Michael Bloomberg is expected to sign a new law banning the e-bike, which some say is fast and dangerous.

The City Council passed the legislation on Thursday.

The bikes are often used by delivery people and City Council Speaker Christine Quinn said the new law plugs loopholes and totally bans electric bikes from the streets of New York.

“E-bikes are a danger to New Yorkers because they’re faster and heavier than regular bikes. They also have very quiet motors. So, you don’t always hear them coming,” Quinn said Thursday.

“And residents have complained that when they deliver food, they take off, they go high speeds, they go against traffic, they go on sidewalks,” Councilman James Vacca said. “They’re a danger to pedestrians.”

The new law also includes a ban on dirt bikes.

Int. No. 1026

By Council Members Garodnick, Chin, Comrie, Gennaro, Gentile, Gonzalez, James, Koo, Mark-Viverito and Nelson

..Title

A Local Law to amend the administrative code of the city of New York, in relation to the enforcement of motor scooter provisions.

..Body

Be it enacted by the Council as follows:

               Section 1.  Subdivisions a, c and d of section 19-176.2 of the administrative code of the city of New York are amended to read as follows:

               a. For purposes of this section, the term  "motorized  scooter"  shall  mean  any  wheeled  device  that has handlebars  that is designed to be stood or sat upon by the operator, is powered by an electric motor or by a gasoline motor that is capable of propelling the device  without human power and is not capable of being registered with the New York State Department of Motor Vehicles. For the purposes of this section, the term motorized scooter shall  not  include wheelchairs or other mobility aids designed for use by disabled persons[, electric powered devices not capable of exceeding fifteen miles per hour or "electric personal assistive   mobility devices" defined as self-balancing, two non-tandem wheeled devices designed to transport one person by means of an electric propulsion system].

               c.  Any  person  who  violates  subdivision b of this section shall be liable for a civil penalty  in  the  amount  of  five  hundred  dollars.  Authorized employees of the police department [and], the department of parks and recreation and the department shall have the authority to enforce the provisions of this section. Such penalties shall be recovered in a civil action or in a proceeding commenced by the service of a notice of violation that shall be returnable before the environmental control board. In addition, such violation shall be a traffic infraction and shall be punishable in accordance with section eighteen hundred of the New York state vehicle and traffic law.

               d.  Any  motorized  scooter  that  has  been  used or is being used in violation of the provisions of this section may be impounded by the department or the police department and  shall not  be  released until any and all removal charges and storage fees and the applicable fines and civil penalties have been paid or a bond has  been  posted  in  an amount satisfactory to the [police] commissioner of the agency that impounded such vehicle.

               § 2.  This local law shall take effect one hundred eighty days after it shall have become law, except that the commissioners of the department of transportation and the police department shall take all actions necessary, including the promulgation of rules, if necessary, to implement this local law on or before the date upon which it shall take effect.

LF

LS#4145

2/26/13

Int. No. 1030

By Council Members Lappin and Chin

..Title

A Local Law to amend the administrative code of the city of New York, in relation to the prohibition of motor scooter use by businesses.

..Body

Be it enacted by the Council as follows:

               Section 1. Section 10-157 of the administrative code of the city of New York is amended to add a new subdivision k to read as follows:

               k. A business using a bicycle for commercial purposes shall not have on the property or grounds in control of such business any motorized scooter and shall not permit any employee of such business to operate such a motorized scooter on behalf of such business.  In addition to any penalties otherwise provided for in this section, any motorized scooter that is on the property or grounds in control of such business or being used in violation of this subdivision may be impounded as provided by subdivision d of section 19-176.2 of this code.  In addition, any such business using a bicycle for commercial purposes shall be liable for any penalties incurred by any employee of such business while riding a motorized scooter on behalf of such business.  For purposes of this section, “motorized scooter” shall be as defined in section 19-176.2 of this code. 

               § 2.  This local law shall take effect one hundred eighty days after it shall have become law, except that the commissioners of the department of transportation and the police department shall take all actions necessary, including the promulgation of rules, if necessary, to implement this local law on or before the date upon which it shall take effect.

LF

LS#4502

2/26/13