BILL NUMBER: S9360
SPONSOR: ZELLNER
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to requiring
all persons less than sixteen years of age to provide proof of age for
the purchase of bicycles with electric assist, electric scooters, and
motor-driven cycles
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill prevents any person, firm, association, or corporation from
selling e-bikes, E-scooters, and/or motor driven cycles to any person
under 16 years of age. To support this prohibition the buyer must
provide proof of age at the point of purchase.
 
SUMMARY OF PROVISIONS:
Section 1242 of the vehicle and traffic law is amended by adding two new
subdivisions: Subdivision 14- No person, firm, association, or corpo-
ration can sell e-bikes to any person less than sixteen years of age.
Valid proof of age is required at the point of purchase. Subdivision 15
- No person shall purchase a e-bike that can exceed 28 miles per hour
unless the purchaser is a holder of a valid class D, DJ, M or MJ license
at the point of purchase. Section 1290 is amended to apply the same
provisions to e-scooters. A new section, 123-a, is added to further
define motor-driven cycles. An additional new section, 1244, is added
applies the same proof of age and licensing requirements to the newly
defined motor-driven cycles.
 
JUSTIFICATION:
Current law requires that operators of E-Bikes and E-Scooters must be at
least 16 years old. Children under 16 should not use e-bikes because
they lack the necessary physical and cognitive maturity to handle the
higher speeds and greater weight, which increases the risk of serious
accidents and injuries. The faster speeds, which can exceed 20 mph, lead
to more severe injuries like head and extremity fractures when accidents
occur, and a higher rate of hospitalization compared to traditional
bikes. Additionally, younger riders may not fully understand traffic
rules, have poor judgment, or possess the required spatial awareness to
navigate safely alongside vehicles and pedestrians. However, a major
loophole exists when purchasing the electric bikes and scooters. There
are no checks in place to prevent kids younger than 16 from making these
purchases. By requiring proof of age at the time of purchase NYS
strengthens the operator requirements by prohibiting the sale of these
e-bikes, e-scooters, and motor-driven cycles to customers under that age
of 16. This bill also stipulates that no person shall purchase an
e-scooter or motor-driven cycle that can exceed 28 miles per hour with-
out holding a current and valid class D, DJ, M or MJ license at the time
of purchase.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
date.

Statutes affected:
S9360: 1242 vehicle and traffic law