N.Y. Gen. Bus. Law § 391-CC

Current through 2024 NY Law Chapter 307
Section 391-CC - [Multiple versions] [Effective 1/7/2025] Sale of bicycles with electric assist and micromobility devices
1. As used in this section, "micromobility device" shall mean an electric scooter as defined in section one hundred fourteen-e of the vehicle and traffic law, an electrical personal assistive mobility device as defined in section one hundred fourteen-d of the vehicle and traffic law, or other personal mobility device that has an electric motor. The term micromobility device shall not include bicycles with electric assist as defined by section one hundred two-c of the vehicle and traffic law, limited use motorcycles as defined in section one hundred twenty-one-b of the vehicle and traffic law, wheelchairs or other electrically driven mobility assistance devices as defined in section one hundred thirty-a of the vehicle and traffic law, or any vehicle that is capable of being registered with the department of motor vehicles.
2. No person, firm, partnership, association, or corporation shall sell or offer for sale at retail any bicycle with electric assist as defined by section one hundred two-c of the vehicle and traffic law or micromobility device to any person, firm, partnership, association, or corporation, without supplying a notice to be affixed to such bicycle with electric assist or micromobility device by the person, firm, partnership, association, or corporation. Such notice shall have an adhesive backing, be made from common materials used to affix other comparable notices or stickers to vehicles and be printed in English and the two most common non-English languages spoken in the state, based on the data in the most recent American Community Survey published by the United States Census Bureau. Such notice shall read:

"NOTICE: Always yield to pedestrians and follow traffic laws. Riding on the sidewalk may be illegal; consult local laws."

3. The department of state, in consultation with appropriate state agencies, shall promulgate rules and regulations necessary to implement the provisions of this section.
4. Violation of this section by the retail entity pursuant to subdivision two of this section shall be punishable by a fine of not more than two hundred fifty dollars per stocking unit for the first offense and not more than one thousand dollars per stocking unit for each subsequent offense.
5. This section shall not annul, alter, affect, or exempt any person, firm, partnership, corporation, or association, subject to the provisions of this section from complying with the laws, ordinances, rules, or regulations of any locality, relating to the affixing, labeling, or provision of identification, safety, informational, or other materials.

N.Y. Gen. Bus. Law § 391-CC

Added by New York Laws 2024, ch. 202,Sec. 1, eff. 1/7/2025.