New York State kinda sucks

Snoop

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Trying to understand NYS rules and laws regarding ebiking can make your head spin and there seems to be a lot of punting to local municipalities (who probably don’t always have specific rules in place).

From my understanding, however, unless you live in NY City, NY State is pretty ebike unfriendly.

I believe that Class 3’s are considered illegal outside NYC. Fortunately, Aventon allows you to adjust the setting on the Pace 500 (my bike) to max it’s assist at 20 mph instead of 28, dropping it to a Class 2.

Many bike paths are posted “no motorized vehicles,” which would include ebikes.

NYS Parks may or may not allow them (I am fuzzy on this).

The biggest kicker is that while a regular bike can legally pedal on any road, ebikes are not allowed on roads with speed limits posted higher than 30 mph. This knocks out 90% of the roads in the state, IMO.

Fortunately I can work around this on my work commute via neighborhoods and paths, but it makes it near impossible to take a longer journey as you could easily get trapped on a road if the speed limit changes.

To me, this seems senseless and over-regulatory. It also seems discriminatory. Since many ebikers choose their bike to assist pedaling because of health reasons of physical limitations, it seems like discrimination to allow regular bikers on faster roads but not ebikers. I imagine an enthusiastic lawyer out there could make a case against the state if they were motivated enough.
 
On that "adjustable speed setting". Only settled law on this that I know of, ruled that a change that can be made while in motion, or without stopping and exiting the vehicle, means that the vehicle may be considered to ALWAYS be in the illegal state. The change in status must ONLY be able to be made while stopped, and require exiting the vehicle.

How a NY judge would rule on this would be a total crapshoot, but not good odds.
 
On that "adjustable speed setting". Only settled law on this that I know of, ruled that a change that can be made while in motion, or without stopping and exiting the vehicle, means that the vehicle may be considered to ALWAYS be in the illegal state. The change in status must ONLY be able to be made while stopped, and require exiting the vehicle.

How a NY judge would rule on this would be a total crapshoot, but not good odds.

I should still be okay, then. The speed setting on the Aventon cannot be changed while riding. There is a multi step process of downloading the Aventon app, scanning in a QR code, etc, to pair up with the bike’s display setting, and only once that is done can the user enter the programming and adjust the maximum allowable speed.


Aventon promotes this flexibility so as to be able to adjust bike into a “class” compatible with local law.

But who knows? I’m sure there is somebody out there ready to dish out a fine.
 
Do you have to repeat the process each time you change the class? If so, then this likely would comply. If after the first time it is a simple button push, then maybe not.

The specific case involved exhaust cut-outs, with a lever inside the vehicle, even when the cutout was not in use, was illegal. You could change while in motion and the vehicle on the road. Illegal vehicle, subject to being impounded. A cutout which required stopping, and a bit of work which was not feasable on the road, was ruled legal as long as the cutout was not engaged.

This is one those "precedents" legal folks like to cite. How any particular judge will actually rule is a total crapshoot.
 
Trying to understand NYS rules and laws regarding ebiking...

Many bike paths are posted “no motorized vehicles,” which would include ebikes.
You're incorrect in believing that "No Motorized Vehicles" means no ebikes. Under the original official federal definition of ebike (Low-Speed Electric Bicycle) in the Consumer Product Safety Act (CPSA) (Dec 4, 2002) an ebike isn't considered a motor vehicle if it complies with the definition, just as an electric wheelchair isn't banned by "No Motorized Vehicle" signs.

"LOW-SPEED ELECTRIC BICYCLES

SEC. 38. (a) Notwithstanding any other provision of law, low-speed electric bicycles are consumer products within the meaning of section 3(a)(1) and shall be subject to the Commission regulations published at section 1500.18(a)(12) and part 1512 of title 16, Code of Federal Regulations. ‘‘(b) For the purpose of this section, the term ‘low-speed electric bicycle’ means a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph. ‘‘(c) To further protect the safety of consumers who ride low-speed electric bicycles, the Commission may promulgate new or amended requirements applicable to such vehicles as necessary and appropriate. ‘‘(d) This section shall supersede any State law or requirement with respect to low-speed electric bicycles to the extent that such State law or requirement is more stringent than the Federal law or requirements referred to in subsection (a).’’."


As stated in SEC 38 (d), individual states can make more stringent laws but they can't change the original definition. It's counter-intuitive and confusing (to some people) but if you comply with this definition you aren't riding a motorized vehicle... you're riding a Low-Speed Electric Bicycle.

If you ride as any standard bike rider does you are afforded all the rights of bicyclists anywhere in America. Ride sane no one will stop you. National parks will check at times because they get a high percentage of numbnuts driving in and ripping around on eMTBs, but again... ride in a respectful manner and no one cares. If you see signs posted "No Bicycles Allowed" then you have to find somewhere else to ride.
 
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