NEW YORK (BRAIN) — The City Council introduced 23 bills — including banning the sale, rental and use of Class 3 e-bikes and the creation of a trade-in program operated in collaboration with retailers — that would further regulate micromobility devices in the latest action by governments to address the increase in injuries and fatalities.
Wednesday's hearing was held by the Committee on Transportation and Infrastructure, the Committee on Consumer and Worker Protection, and the Committee on Public Safety. It came a couple weeks after a state senate bill was introduced that would prohibit the sale of e-motos, define them, and prevent brick-and-mortar and online retailers from advertising them as legal on city streets.
“My legislation in this package would stop the sale and rental of Class 3 e-bikes and, after a two-year implementation period, phase out their use while giving current riders — especially delivery workers — time and options to transition,” said Council Member Crystal Hudson. "Safer streets require both accountability and a real commitment to the workers whose lives are most at risk when we do not implement safer streets. I hope we can take these initiatives further by passing legislation to hold apps that encourage dangerous practices accountable and investing in better infrastructure, charging stations, protected bike lanes, and accountability. I look forward to working with my colleagues to continue this advocacy.”
The Department of Transportation would create the trade-in program for Class 3 e-bikes — and other devices that resemble but do not legally qualify as Class 1 or Class 2 e-bikes — in exchange for a Class 1 or Class 2 e-bike or a voucher for redemption with an e-bike retailer for purchase of a Class 1 or Class 2 e-bike. Class 3 e-bikes are pedal assist and have a maximum assist speed of 28 mph. The DOT would be required to partner with e-bike retailers to conduct at least one trade-in event per community district each calendar year and to determine the trade-in value of different types of eligible vehicles.
The DOT would have to meet a participation goal of at least 10,000 trade-ins, subject to user demand and e-bike retailer participation. The DOT would be prohibited from limiting an individual's eligibility for the program based on occupation or income. This bill would require the DOT to do rulemaking to implement the program and to conduct a public outreach campaign to advertise the program
Other proposed bills include:
- Prohibiting the operation of Class 3 e-bikes on city streets, parks, and other places. For violations occurring before April 1, 2029, violators would receive a warning and relevant information concerning the law and e-bikes. Afterward, violators would be liable for civil penalties in increasing amounts: $50 for the second violation, and $100 for any additional violation within two years of the first violation. In the case of a third or subsequent violation where the Class 3 e-bike was being operated in an unsafe manner, the violator could have their e-bike impounded.
- Requiring licensing for delivery services.
- Establishing a program with the police department and the DOT in which police officers use dynamometers to test the motor wattage and maximum assisted speed of micromobility devices. The use of dynamometers would be limited to probable cause incidents that a device operating on city streets is illegal. This bill would also require reporting of data gathered through such testing.
- Prohibiting the advertisement for sale, lease, rent, or distribution of any vehicle that can be registered with the state Department of Vehicles as a street-legal e-bike or e-scooter.
- Requiring third-party food delivery services to maintain insurance to cover liability that arises from accidents involving a delivery worker on an e-bike or other powered mobility device. Failure to obtain the required insurance would prevent a third-party food delivery service from obtaining a license to operate, and failure to maintain the required insurance would void a third-party food delivery service's license.
- Requiring the installation of traffic calming devices in bicycle lanes at no less than 50 intersections throughout the city. The Commissioner of Transportation would be required to study the impact of such installations on crashes and injuries and to make recommendations regarding device maintenance and installation of additional devices.
- Requiring sidewalk riding detection technology, and an accompanying deceleration safety feature, be installed on e-bikes and e-scooters that are part of self-service bikeshare systems. There would be no civil penalty for a share system owner or operator for a first violation, but subsequent violations committed within two years would carry a civil penalty of up to $1,000.
- Requiring third-party food delivery services to use tracking technology to detect when food delivery workers using an e-bike or a limited use motorcycle engage in certain unsafe traffic behaviors. If a third-party food delivery service detects one of these unsafe traffic behaviors, it would be required to notify the worker in real time. If a food delivery worker receives three notifications of unsafe traffic behavior in a seven-day period, he or she would be prohibited from any deliveries until completing a safety course.
According to the DOT, since 2020, micromobility device usage has grown in the city, with about 680,000 adult residents saying they regularly use a bike at least several times a month in the last year. It notes the increase comes in part from the growth of delivery services during COVID. An estimated 65,000 delivery workers use e-bikes/micromobility devices, about 40% of all micromobility traffic.
According to a 2024 report by the NYC Comptroller's Office, e-bikes, e-scooters, and mopeds made up about 4.5% of all pedestrian injuries from 2020 to 2023. The NYPD reports in the first six months of this year, 738 injuries and 13 fatalities have involved e-bike riders, compared with 601 injuries and 10 fatalities over the same period last year.
"We have an unacceptable situation where too many New Yorkers are being killed or injured due to e-bikes and e-scooters without the proper safeguards and enforcement," said City Council Speaker Julie Menin. "Today's hearing gives us the opportunity to hear from city agencies, delivery workers, recreational e-bike users, and pedestrians alike. What we hear from them will directly inform the package of legislation this council moves forward."
