Legislation establishing a host of new regulations on the use of “e-bikes” and electrified scooters in Suffolk County became law last week. The measures were approved unanimously by all legislators present at a meeting of the Suffolk County Legislature on December 16 and were signed by County Executive Ed Romaine on December 30. Each of the two laws states that it “shall take effect immediately…upon…filing in the Office of the [New York] Secretary of State”—which occurred last week.
One is titled, “A Local Law to Establish Additional Regulations on the Use of Electric Scooters and Electric Assist Bicycles.” The second is titled, “A Local Law to Increase Restrictions and Penalties for the Unlawful Use of Motorized Scooters within Suffolk County.”
Romaine, commenting on the legislation, said: “Safe conditions on our roads, trails and sidewalks is a critical issue in maintaining the quality of life in this county.”
I would say the e-bikes darting around Suffolk County’s roadways these days—operated by drivers with no driver’s licenses, the e-bikes having no license plates, and largely young teens wearing no helmets—are an affront to “safe conditions.” Their lives are threatened, and the situation is hazardous for car and truck motorists and their passengers, as well as for pedestrians.
As I write this, I inquired of Google whether there is any consideration of licensing e-bike drivers in New York State. The response: “While New York State does not currently require a license for operating standard e-bikes, there is active consideration and pending legislation to introduce licensing and registration.” But as for opposition: “Advocacy groups…have expressed opposition to licensing and registration, arguing it may not increase safety.”
The first Suffolk County measure, now law, begins: “This Legislature hereby finds and determines that the use of electric scooters and bicycles with electric assist in public by young drivers is posing a serious public safety threat to young drivers and to other pedestrians and drivers because, by virtue of their age, they do not understand the rules of the road.”
It then states that “the use of these devices throughout Suffolk County should be regulated to protect public safety.”
It continues: “This Legislature further finds and determines that such electric scooters and bicycles with electric assist may not be operated upon the public highways of the state because they are not eligible for registration under the New York State Vehicle and Traffic Law.”
And: “This Legislature further finds that helmets can prevent injuries and save lives of wearers of all ages when utilized properly.”
“Therefore,” concludes this “Legislative Intent” section, “the purpose of this law is to require an operator or rider of an electric scooter, regardless of his or her age, to wear a helmet when operating such, and to restrict the use of electric scooters and bicycles with electric assist in Suffolk County.”
The second measure—directed specifically at the “use of motorized scooters”—is similar to the first, except that it notes “the Suffolk County Code has had provisions in effect regarding motorized scooters for quite some time,” but that “motorized scooters have not only continued to raise a variety of public safety concerns since the original provisions went into effect,” and that “these devices have also become much more advanced and popular with people of all ages.”
The first measure prohibits operating “an electric scooter or bicycle with electric assist upon any sidewalk in the County of Suffolk” or “upon any county roadway or local roadway with a posted speed limit of more than thirty miles per hour, notwithstanding any more restrictive local rule from a Town or Village within the County of Suffolk.”
It also states: “Any individuals operating or riding as a passenger on an electric scooter or bicycle with electric assist in Suffolk County shall wear a helmet.”
And: “No person aged 15 years or younger may lawfully operate an electric scooter or bicycle with electric assist on public property or on roadways.”
There are also prohibitions stating that “no person” shall operate an electric scooter or e-bike in “a reckless fashion.” This includes driving “without due regard for the safety and rights of pedestrians and drivers and occupants of all other vehicles,” “weaving or steering in a zig-zagging course around motor vehicles,” and “trick riding on roads or parking lots which actively have motor vehicle or other road user traffic, including pedestrians and cyclists.”
There is also a prohibition against operation “under the influence of alcohol or drugs,” which cites a prohibited alcohol concentration of “1% or more by weight of alcohol in the person’s blood as shown by chemical analysis.”
The measure specifically involving scooters sets the same prohibitions and requirements.
As to penalties, both laws set a first-offense fine “not in excess of $500,” along with impoundment of the electric scooter or e-bike.
Fines then increase. “A second conviction within five years of an initial violation…shall constitute an unclassified misdemeanor punishable by a fine of not less than $1,500,” along with impoundment.
A “third or subsequent violation of this article within a five-year period shall constitute an unclassified misdemeanor” and “be punishable by a fine of up to $5,000 and/or up to one year’s imprisonment.”
Additionally, the laws require that “any person who sells or offers for sale” an electric scooter or e-bike must comply with “conspicuously posting a statement of these restrictions at each point of sale,” in “all capital letters not less than two inches in height on a contrasting background.” Sellers must also provide “a written copy of such restrictions to each such person who actually purchases” an electric scooter or e-bike. The penalty for failing to do so is a $1,000 fine “for each violation.”
Finally, the new county laws “shall be null and void on the day that statewide or federal legislation goes into effect incorporating either the same or substantially similar provisions as are contained” in the Suffolk laws.