Senate Bill S9402

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9402
 
                             I N  S E N A T E
 
                              March 10, 2026
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   bicycle with electric assist safety courses, requiring  purchasers  of
   bicycles  with  electric  assist  to  provide  a bicycle with electric
   assist safety certificate and requiring  operators  of  bicycles  with
   electric assist to carry identification when operating such bicycles
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 1244 to read as follows:
   § 1244. BICYCLE WITH ELECTRIC ASSIST SAFETY COURSE. 1. THE COMMISSION-
 ER  SHALL  INITIATE  AND  PUT  INTO  EFFECT  A COMPREHENSIVE EDUCATIONAL
 PROGRAM DESIGNED TO ADVANCE BICYCLE WITH ELECTRIC ASSIST  SAFETY,  WHICH
 PROVIDES  FOR  THE  TRAINING OF ALL PURCHASERS OF BICYCLES WITH ELECTRIC
 ASSIST IN THE SAFE OPERATION OF SUCH BICYCLES.
   2. "BICYCLE WITH ELECTRIC ASSIST  SAFETY  CERTIFICATE"  SHALL  MEAN  A
 CERTIFICATE ISSUED BY THE COMMISSIONER EVIDENCING THAT THE HOLDER THERE-
 OF  HAS  SUCCESSFULLY  COMPLETED A COURSE OF INSTRUCTION IN BICYCLE WITH
 ELECTRIC ASSIST SAFETY AS PROVIDED IN  THIS  SECTION.  THE  COMMISSIONER
 SHALL  PUT INTO EFFECT A PLAN FOR THE TRAINING OF ALL PURCHASERS, AND IN
 THE CASE OF PURCHASES BY MINORS, THE PARENT OR GUARDIAN  OF  SUCH  MINOR
 PURCHASERS, OF BICYCLES WITH ELECTRIC ASSIST AND THE ISSUANCE OF BICYCLE
 WITH  ELECTRIC  ASSIST  SAFETY  CERTIFICATES.  FOR  THE PURPOSES OF THIS
 SECTION, THE TERM "BICYCLE WITH ELECTRIC ASSIST  SAFETY"  SHALL  INCLUDE
 INSTRUCTION  IN THE LAWS RELATING TO AND SAFE OPERATION OF BICYCLES WITH
 ELECTRIC ASSIST.
   3. "BICYCLE WITH ELECTRIC ASSIST SAFETY CERTIFICATE" SHALL ALSO MEAN A
 CERTIFICATE ISSUED BY THE COMMISSIONER EVIDENCING THAT THE HOLDER THERE-
 OF HAS SUCCESSFULLY COMPLETED A COURSE OF INSTRUCTION IN THE LAWS RELAT-
 ING TO AND SAFE OPERATION OF BICYCLES WITH ELECTRIC ASSIST. THE  COMMIS-
 SIONER  IS AUTHORIZED TO COLLECT A FEE NOT TO EXCEED TEN DOLLARS FOR THE
 ISSUANCE OF SUCH CERTIFICATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14613-02-6
              

 S. 9402                             2
 
   4. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO ESTABLISH  A  SYSTEM
 FOR  TRACKING  AND REPLACING BICYCLE WITH ELECTRIC ASSIST SAFETY CERTIF-
 ICATES ISSUED BY THE COMMISSIONER. THE COMMISSIONER IS  FURTHER  AUTHOR-
 IZED  TO  REQUIRE  THAT ANY OTHER ENTITY APPROVED BY THE COMMISSIONER TO
 PROVIDE  COURSES  OF  INSTRUCTION AND AWARD BICYCLE WITH ELECTRIC ASSIST
 SAFETY CERTIFICATES ESTABLISH A SYSTEM FOR TRACKING AND REPLACING  BICY-
 CLE  WITH  ELECTRIC  ASSIST  SAFETY  CERTIFICATES  SO  AS  TO ENABLE THE
 REPLACEMENT OF LOST OR STOLEN CERTIFICATES TO THOSE WHO HAVE  PREVIOUSLY
 BEEN AWARDED SUCH CERTIFICATES.
   5.  FOR THE PURPOSE OF GIVING SUCH COURSES OF INSTRUCTION AND AWARDING
 BICYCLE WITH ELECTRIC ASSIST SAFETY CERTIFICATES, THE  COMMISSIONER  MAY
 DESIGNATE  AS THE COMMISSIONER'S AGENT ANY PERSON THE COMMISSIONER DEEMS
 QUALIFIED TO ACT IN SUCH CAPACITY. NO CHARGE WHATSOEVER SHALL BE MADE TO
 ANY PERSON LESS THAN EIGHTEEN YEARS OF AGE FOR THE ISSUANCE OF A BICYCLE
 WITH ELECTRIC ASSIST SAFETY  CERTIFICATE.  PERSONS  LESS  THAN  EIGHTEEN
 YEARS  OF AGE MAY BE CHARGED A FEE FOR INSTRUCTION IN BICYCLE WITH ELEC-
 TRIC ASSIST SAFETY, EXCEPT THAT THE OFFICE MAY NOT  CHARGE  A  FEE  WHEN
 PROVIDING SUCH INSTRUCTION TO PERSONS LESS THAN EIGHTEEN YEARS OF AGE.
   6.  THE  COMMISSIONER IS AUTHORIZED, AT THE COMMISSIONER'S DISCRETION,
 TO DEVELOP A METHOD FOR APPROVING INTERNET-BASED BICYCLE  WITH  ELECTRIC
 ASSIST  SAFETY  COURSES  AS  AN APPROPRIATE AND EFFECTIVE METHOD FOR THE
 ADMINISTRATION AND COMPLETION OF TRAINING IN THE LAWS  RELATING  TO  AND
 SAFE  OPERATION  OF  BICYCLES  WITH  ELECTRIC ASSIST FOR THE PURPOSES OF
 AWARDING A BICYCLE WITH ELECTRIC ASSIST SAFETY CERTIFICATE  PURSUANT  TO
 THIS  SECTION.  ALL APPROVED INTERNET-BASED BICYCLE WITH ELECTRIC ASSIST
 SAFETY COURSES SHALL EMPLOY METHODS TO ENSURE ATTENDANCE OF THE  STUDENT
 THROUGHOUT THE COURSE.
   §  2. Section 1242 of the vehicle and traffic law is amended by adding
 two new subdivisions 14 and 15 to read as follows:
   14. NO PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED IN  THE  BUSI-
 NESS  OF  SELLING OR LEASING BICYCLES WITH ELECTRIC ASSIST SHALL SELL OR
 LEASE ANY BICYCLE WITH ELECTRIC ASSIST  UNLESS  THE  PURCHASER  OF  SUCH
 BICYCLE  PROVIDES  A  BICYCLE  WITH  ELECTRIC  ASSIST SAFETY CERTIFICATE
 ISSUED PURSUANT TO SECTION TWELVE HUNDRED FORTY-FOUR OF THIS ARTICLE. IF
 THE PURCHASER OF A BICYCLE WITH ELECTRIC ASSIST IS  A  MINOR,  OR  IF  A
 BICYCLE  WITH  ELECTRIC ASSIST IS BEING PURCHASED FOR A MINOR, THEN BOTH
 THE MINOR AND THE PARENT OR GUARDIAN OF SUCH MINOR SHALL EACH PROVIDE  A
 BICYCLE WITH ELECTRIC ASSIST SAFETY CERTIFICATE CERTIFYING THAT BOTH THE
 MINOR  AND THE PARENT OR GUARDIAN OF SUCH MINOR HAVE COMPLETED A BICYCLE
 WITH ELECTRIC ASSIST SAFETY  COURSE  AS  REQUIRED  PURSUANT  TO  SECTION
 TWELVE HUNDRED FORTY-FOUR OF THIS ARTICLE.
   15. EVERY OPERATOR OF A BICYCLE WITH ELECTRIC ASSIST SHALL CARRY IDEN-
 TIFICATION  WITH  THEM WHEN OPERATING SUCH BICYCLE WITH ELECTRIC ASSIST.
 FOR THE PURPOSES OF THIS  SUBDIVISION,  "IDENTIFICATION"  SHALL  MEAN  A
 DRIVERS' LICENSE, STATE-ISSUED IDENTIFICATION CARD, OR, WHERE THE OPERA-
 TOR IS A MINOR, A SCHOOL-ISSUED IDENTIFICATION CARD.
   § 3. This act shall take effect immediately.