BILL NUMBER: S9361
SPONSOR: ZELLNER
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to requiring
operators of bicycles with electric assist, electric scooters, and
motor-driven cycles wear protective head gear
 
PURPOSE OR GENERAL IDEA OF BILL:
Given the exponential growth in e-bike, e-scooter, and motor-driven
cycle use across the state, it is time to raise the safety requirements
from a state recommendation to a state requirement for riders to wear
safety helmets. This bill also clarifies the working definition and
license requirements of motor-driven cycles in NYS.
 
SUMMARY OF PROVISIONS:
Amend Section 1(5c) of the state Vehicle and Traffic Law to delete the
Class 3 only requirement for wearing helmets. The new amendment states
that no person shall ride upon, propel, or otherwise operate a bicycle
with electric assist unless such person is wearing a helmet that meets
standards established by the commissioner. Amend Section 123-a by
adding a new section that clarifies the definition of motor-driven
cycles and requires operators to have in their possession a valid class
D, DJ, M or MJ License. Amend Section 1244 to require operators of
motor-driven cycles to wear helmets that meet the standards established
by the commissioner.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
New Legislation
 
JUSTIFICATION:
After legalization in 2020, e-bikes utilization has grown dramatically,
not just in New York City but across the state. With this exponential
growth comes rising safety concerns. As Assembly Member Alex Bores noted
in his 2023 E-Bike Safety Analysis, the number of e-bikes in NYC alone
grew from 96,322 in 2020 to over 272,795 in 2023. Based on his analysis
the number of collision fatalities per e-bike is 19 times greater than
the number of collision fatalities per bicycle. Similar statistics are
evident across the state. New York State needs to raise the safety
threshold for all e-bike, e-scooters, and motor-driven cycle operators.
Wearing a helmet is a crucial safety measure proven to significantly
reduce the risk of serious head, brain, and facial injuries in a crash.
Statistics show that most e-bike deaths involve head injuries, making
helmets the most effective protective gear available. Extensive research
has quantified the life-saving benefits of wearing a helmet: Reduces
head injuries: Studies have found that wearing a helmet can lower the
risk of head injury by 48%. Decreases traumatic brain injury (TBI):
Helmet use is associated with a 53% reduction in the risk of traumatic
brain injury. Prevents serious injury or death: Helmets reduce the
number of deaths or seriously injuries in a crash by 34%. Minimizes
facial injuries: Helmets can also significantly decrease the risk of
facial injuries, including fractures. This bill will amend current
recommendations to requiring all operators of e-bikes, e-scooters, and
motor-driven cycles to wear safety helmets that meet the standards set
by the commissioner. This bill also specifically identifies the charac-
teristics of motor-driven cycles and licensing requirements.
 
PRIOR LEGISLATIVE HISTORY:
New Legislation
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
No cost to the state.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S9361: 1238 vehicle and traffic law, 1238(5-c) vehicle and traffic law, 1286 vehicle and traffic law, 1286(1) vehicle and traffic law