NYC Moves To Legalize Certain Electric Bikes Amid Crackdown

NEW YORK, NY — New York City officials announced plans Tuesday to ensure cyclists riding certain electric bikes aren't swept up in a citywide crackdown on speedier cycles.

The city Department of Transportation plans to finalize a rule by this summer declaring the legality of so-called pedal-assist bikes, which have an electric motor that give cyclists a boost but still require them to use their legs. State law bans faster throttle-powered electric bikes, and riding one can come with a fine of up to $500 and possible seizure of the bike.

Officials said the move aims to give some wiggle room to cyclists — especially delivery workers who routinely use so-called e-bikes on the job — while still enforcing state law and protecting pedestrians from the faster bikes, which can sometimes move as fast as a car.

"We're going to clarify in our rule-making the distinction between those two modes and, again, legalize the pedal-assist bikes," Transportation Commissioner Polly Trottenberg said Tuesday.

Any e-bike that can move without effort from the rider is illegal in New York State, city officials say. Mayor Bill de Blasio launched a crackdown on e-bikes at the start of this year, working with the NYPD to take more of them off the streets and fine businesses when they catch delivery workers riding them.

As of Feb. 11, police have seized 48 illegal e-bikes and issued 238 moving summonses for riding them this year, the NYPD said.

Trottenberg said she thinks the city's crackdown hasn't caught many pedal-assisted bikes in its dragnet, but the DOT wants to eliminate any "ambiguity" about their legality. The NYPD supports the rule change and "will continue to work closely with the Department of Transportation to ensure the safety of the city’s bicyclists," Chief of Transportation Thomas Chan said in a statement.

"I think it's maybe not everything everybody would like, but I really view this as a positive step," Trottenberg said.

The DOT is finalizing a draft of its new rule and will take comments for 30 days after the draft is complete, Trottenberg said. The city will then hold a public hearing after the comment period before issuing a final rule, she said.

De Blasio's crackdown on electric bikes drew fire from cycling advocates and delivery workers who argued the policy was unfair to a largely immigrant workforce.

Officials also faced criticism for tackling e-bikes without any hard data to support claims that they're a safety risk. Trottenberg said she's heard plenty of concerns from New Yorkers on both sides of the issue, but deferred to the NYPD for statistics on collisions involving e-bikes — which the Police Department said it does not track.

"I'll freely admit it's anecdotal," Trottenberg told reporters Tuesday. "I don't have great statistics for you."

The city acknowledged that pedal-assisted e-bikes have health and environmental benefits, as they let New Yorkers forego driving by making it easier to cover more ground on a bike with less effort.

Their popularity has soared in Europe in recent years — 854,000 were sold there in 2012, up from 98,000 in 2006, according to a 2015 study. And electric bike-share services are reportedly operating in American cities such as Washington, D.C., Seattle and San Francisco

Some Albany lawmakers have sought to enshrine the legality of pedal-assisted e-bikes in state law, but Trottenberg said the city believes they're allowed under existing law. She did not take a position on whether all e-bikes should be legalized, but said the city wants to "be a part of that legislative discussion."

The city's move Tuesday drew praise from City Council members and the bike-sharing service Citi Bike, which said it may offer pedal-assisted bikes for New Yorkers to rent in the future.

"As we face a transit crisis and impending L train shutdown, we are eager to explore ways to incorporate pedal-assist ebikes into the Citi Bike system and be part of the solution," Citi Bike spokesperson Julie Wood said in a statement.

Councilman Rafael Espinal (D-Brooklyn) called the planned policy shift a "big win" for e-bike riders, especially delivery workers who depend on them for their jobs. But he called on the city to help those workers pay to convert their throttle-powered bikes into pedal-assisted models.

Trottenberg said the city will be open to similar ideas as it goes through its rule-making process.

"This is a step in the right direction in looking for a compromise that will keep pedestrians and other cyclists safe, and delivery workers able to earn a living," Councilman Ydanis Rodriguez (D-Manhattan), the Transportation Committee chairman, said in a statement. "We must continue to work closely with the advocacy groups on the ground and our legislative colleagues in Albany for a lasting solution."

(Lead image: Electric bicycles sit in a dock in Madrid, Spain. Photo by Richard Bradford/Shutterstock)