Powering Through the Rules: A Guide to E-Bike and E-Scooter Regulation in New York

If you live in New York City, you are likely familiar with the many e-bikes and e-scooters that are transforming transportation across the City.  They have undoubtedly become a major staple of current city life. So, you may ask, are there any rules surrounding these vehicles? Well, as with many things, the rise in popularity is leading to new laws for e-bikes and e-scooters, frequently at highly localized levels. This article seeks to be a guide for those wanting to better understand the rules that apply to e-bike and e-scooter manufacturing, and the products’ use in New York. 

Current Relevant Laws

Believe it or not, electric scooters were once banned in New York City. However, in November 2020, New York State legalized e-bikes and e-scooters in a statewide agreement. And with that agreement came additional regulations. The new law came with some clear classifications and provisions which we outline below:

• E-Bike and E-Scooter Classification
  • Bicycle with Electric Assist
    • Multiple classes of bicycles with an electric motor with lithium batteries that need recharging and care, and operable pedals. A bicycle with electric assist doesn’t qualify for a registration as a motorcycle, limited use motorcycle, moped, or ATV, and does not require insurance. "A bicycle with electric assist is no more than 36 inches wide, has an electric motor up to 750 watts, is equipped with operable pedals, meeting the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission. . .”
    • Classes
      • E-Bike Class 1
        • Class one bicycles with electric assist have an electric motor that provides assistance only when the operator is pedaling, and ceases to provide assistance when the E-Bike reaches 20 mph.
      • E-Bike Class 2
        • Class two bicycles with electric assist have an electric motor that may be used exclusively to propel such bicycle, and is not capable of providing assistance when such bicycle reaches 20 mph.
      • E-Bike Class 3
        • For use in New York City only. Class three bicycles with electric assist have an electric motor that may be used exclusively to propel such bicycle, and is not capable of providing assistance when such bicycle reaches 25 mph.
      • Electric Scooter
        • Every type of device weighing less than 100 hundred pounds that has handlebars, a floorboard or a seat that could be stood or sat upon by the operator, and an electric motor that can be powered by an electric motor and/or human power and which has a maximum speed of no more than 20 mph in New York State (15 mph in New York City).

The laws also created parameters for where and how micromobility users can operate their devices in New York.

• Operation of E-Bikes and E-Scooters Under the Law
  • E-Bikes and E-Scooters are granted all of the rights and are subject to all of the duties applicable to the driver of a motor vehicle and the rider of a bicycle.
  • Helmets are not always required, but are recommended. However, helmets are required for 16 and 17-year-olds operating an E-Scooter and Class 3 E-Bike operators in New York City.
  • Operators of E-Bikes and E-Scooters must be at least 16 years old.
  • E-Bikes and E-Scooters are required to use bike lanes wherever possible, and cannot operate on roads with speed limits of over 30 mph.
  • When operating on trails or bike paths, riders must consult their local municipal or park authorities on applicable regulations, as they may differ.
  • Riders cannot operate E-Bikes or E-Scooters on sidewalks except as authorized by local law or ordinance.
  • E-Bike operators must ride in single file and cannot double up as traditional bicycles can.
  • E-Bikes are required to have a front white light and a rear red light after sunset.
  • Finally, it notes that all New York jurisdictions have local rules and riders should check their town and county laws, which may supersede these rules.

In addition to following these rules of the road, New York City e-mobility owners must also follow State and City standards related to the storage of these products when they are equipped with their lithium-ion batteries. 

Retailers in New York are now required to provide customers with operating manuals detailing proper storage, charging, and usage instructions, effective January 7, 2025. Additionally, micromobility devices must feature a red tag on their charged cords indicating that the units should be unplugged when not in use, and retailers must affix notices reminding users to yield to pedestrians and adhere to traffic laws.

As of October 9, 2024, lithium batteries intended for use in micromobility devices, electric-assisted bicycles, or limited-use motorcycles must comply with recognized safety standards such as UL 2849, UL 2271, or EN 15194 to be sold.  The City now conducts inspections of these products to ensure their compliance.  

There is also pending legislation, known as “Priscilla’s Law,” which would require e-bikes and e-scooters to be registered and licensed. Many legislators and groups support this proposal, including the NYC E-Vehicle Safety Alliance. Reporting as of December 2024 indicates this law will likely pass in the new year.

We expect that more localities, states, and possibly even the federal government will continue to pass more regulations on e-bikes and e-scooters, and as such, we recommend the following:

Takeaways

• Companies should understand the various categories of vehicles and where their products land
• Companies should have a comprehensive understanding of federal, state and local law, both traffic and storage related, and analyze how these laws will affect their products
  • For manufacturers, it is important to understand as many local laws as possible because:
    • they may affect how manufacturers create products, especially when it comes to battery storage
    • It may affect how and where a consumer can use the product, which in turn can affect both the market for the product, and mitigation and compliance steps that the manufacturer can take.
    • A good understanding of the law can help with everything from design to advertising.
• Engage an attorney. An attorney can:
  • Help you understand the regulatory regimes that apply to the products and how to comply with them.
  • Assist in monitoring legislation and submitting comments on proposed legislation

Crowell & Moring LLP will continue to monitor e-bike and e-scooter regulations and the effect they will have on manufacturers, retailers, and users in the space. Please contact any of the undersigned for help with e-bike and e-scooter related issues or questions.