Electric Bikes, Scooters Could Become Legal In NYC

NEW YORK CITY HALL — A new package of City Council legislation could save some delivery cyclists from steep fines. Lawmakers introduced four bills Wednesday that would legalize certain kinds of electric bikes like those delivery workers use, as well as electric scooters that have taken over other cities.

With Mayor Bill de Blasio's assent, the NYPD launched a crackdown this year on throttle-powered e-bikes that don't require the rider to pedal. The city maintains they're illegal under state law, and getting caught riding one can come with a $500 fine.

But lawmakers and advocates say the dragnet has harmed delivery workers who rely on the bikes to earn a living providing a valuable service to New Yorkers. The new legislation would help them while expanding transportation options across the city, they argue.

"We’re a city that promotes economic democracy and here we are punishing people for being able to do their job and support their families," said Councilman Rafael Espinal, a Brooklyn Democrat who's the lead sponsor on three of the bills.

The mayor's crackdown was "the best thing that could have happened because it only made our coalition stronger and allowed us to push even further to get these bills introduced," Espinal said.

The de Blasio administration has embraced pedal-assist e-bikes, which provide a motorized boost when the rider pedals. The Department of Transportation clarified their legality in July, and they've been added to the city's bike-sharing fleets. But enforcement against throttle-powered models has continued.

Meanwhile, companies such as Bird and Lime have reportedly sought to bring their shared electric scooters to New York, which supporters say would catch the Big Apple up to other cities where they are widely used. Lime offers scooters in 68 cities, and Bird currently operates in more than 100.

The Council legislation would legalize scooters that can't go faster than 15 MPH and establish a scooter-sharing pilot program, with priority given to neigborhoods affected by next year's dreaded L train shutdown and those not well served by bike-sharing.

One bill would legalize both pedal-assist bikes and throttle-powered bikes that have a top speed no greater than 20 MPH, so long as they bear a label that says how fast they can go. The bill would also cut the fine for riding illegal motorized scooters to $100 from $500 and allow bikes to be impounded only if the rider creates a safety risk.

Another bill would require the city to set up a program helping cyclists convert throttle-powered bikes to the pedal-assist variety.

Establishing a conversion program is crucial, as many delivery workers can't afford to simply ditch their illegal bikes and buy a new one, said Jo-Ann Yoo, the executive director of the Asian American Federation.

"This is a great first step, but there are other points that we need to cover," Yoo said. "... We need to figure out, how do we get the bikes back, how do we help these poor workers pay the penalty."

De Blasio, a Democrat, has insisted e-bikes pose a safety risk despite a lack of concrete evidence. A spokesman for the mayor said his administration looks forward "to reviewing the proposals with an eye toward both transportation innovation and safety on our streets and sidewalks."

"While e-scooters are illegal under State and City law, the Mayor is committed to innovation as part of his all-of-the-above transportation strategy to get New Yorkers moving again," the spokesman, Seth Stein, said in a statement.

Correction: An earlier version of this story misstated the number of bills on which Councilman Rafael Espinal is the lead sponsor. It is three, not two.

(Lead image: City Councilman Ydanis Rodriguez (D-Manhattan) speaks at a Wednesday news conference about legislation to legalize electric bicycles and scooters. Photo by Noah Manskar/Patch)