BILL NUMBER: S2530
SPONSOR: FELDER
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to prohibiting
the operation of a bicycle while under the influence of alcohol or drugs
 
PURPOSE:
To create penalties for operating a bicycle while under the influence of
alcohol or drugs
 
SUMMARY OF SPECIFIC PROVISIONS:
The bill amends section 1242-a of the vehicle and traffic law to add
that operating a bicycle while under the influence of alcohol or drugs
would result in the same penalties as currently exists for operating a
bicycle with electric assist while under the influence of alcohol or
drugs
 
JUSTIFICATION:
As part of the 2020-21 New York State budget, the legislature estab-
lished a set of comprehensive safety measures for bicycles with electric
assist (E-bikes). Among the safety measures that were created were
penalties for operating an E-bike while under the influence of alcohol
or drugs.
Interestingly, E-bikes are subject to all rules, regulations and
provisions that are applicable to bicycles. Unfortunately, regular bicy-
cles are not subject to the same laws that govern E-bikes when it comes
to operating under the influence of alcohol or drugs. In fact, New York
State is one of only a handful of states where it is legal for someone
to operate a bicycle while under the influence of alcohol or drugs.
Clearly, the legislature understood the dangers of operating an E-bike
while under the influence of alcohol or drugs. It only makes sense to
establish the same penalties for regular bicycles. As more and more New
Yorkers are cycling, it is time to make sure pedestrians and other
cyclists remain safe from those who would choice to drink and then ride
a bicycle.
It is an odd omission considering that regular mechanical bicycles have
the same wheels, handlebars and body geometry as E-bikes. The only
difference in appearance is the addition of the electrical drive system,
which consists of an electric motor, a battery and a controller.
This bill would create consistency and uniformity by applying the same
standards for operating an E-bike under the influence of alcohol or
drugs to operating a bicycle under the influence of alcohol or drugs.
 
PRIOR LEGISLATIVE HISTORY:
2021/22: S4141 - Referred to Transportation Committee
2023/24: S1374 - Referred to Transportation Committee
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S2530: 1242-a vehicle and traffic law