BILL NUMBER: S1542
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to requiring
certain persons to wear a helmet when operating a class one or class two
bicycle with electric assist
 
PURPOSE:
To provide that anyone sixteen and seventeen years of age must wear a
helmet when riding or operating a class one or two electric bicycle.
 
SUMMARY OF PROVISIONS:
Section one adds a new subdivision 5-d to section 1238 of the vehicle
and traffic law to provide that no person aged sixteen or seventeen
shall operate or ride on a class one or class two electric bicycle
unless they are wearing a helmet.
Section two provides the effective date.
 
JUSTIFICATION:
Current law requires helmet usage for operators and passengers of class
three electric bicycles. However, there is no helmet requirement in the
law for class one and class two e-bikes. Operators and passengers on any
class of c-bike must be aged sixteen or older. This legislation will
require operators and passengers of class one and two e-bikes who are
ages sixteen and seventeen to wear a helmet. Addressing this gap in the
law is necessary to ensure that everyone riding on any class of e-bike
has the protection of a helmet in the event of a fall or collision.
Furthermore, although e-bikes are being increasingly adopted as an eco-
friendly, cheaper alternative to driving, they do pose risks of injury
that could be mitigated through helmet use. As compared to traditional
bicycles, e-bike riders involved in accidents have a higher rate of
traumatic brain injuries and nearly twice the rate of internal injuries
as compared to cyclists. This legislation is necessary to enhance the
safety of those using class one and two e-bikes and to prevent avoidable
injuries.
 
FISCAL IMPACT:
None.
 
LEGISLATIVE HISTORY:
2023-2024: S.9037 (May) / A.3073-B (Paulin)
 
EFFECTIVE DATE:
On April 1 after becoming law.

Statutes affected:
S1542: 1238 vehicle and traffic law, 1238(6) vehicle and traffic law