As e-bikes become increasingly popular throughout city streets, the law as it applies to these bikes comes into play. With the proliferation of these electric-assisted bikes come accidents. With accidents that cause personal injury come the need for compensation for the injured party. But with these e-bikes, whether or not NY no-fault insurance pays for medical bills for the injured e-biker will depend on how the e-bike is classified. What is the e-bike’s highest rate of speed?
NY DMV classifies e-bikes based on certain features and attributes. Read below-
Bicycle with electric assist. A bicycle which is no more than thirty-six inches wide and has an electric motor of less than seven hundred fifty watts, equipped with operable pedals, meeting the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission under 16 C.F.R. Part 1512.1 et seq. and meeting the requirements of one of the following three classes:
(a) “Class one bicycle with electric assist.” A bicycle with electric assist having an electric motor that provides assistance only when the person operating such bicycle is pedaling, and that ceases to provide assistance when such bicycle reaches a speed of twenty miles per hour.
(b) “Class two bicycle with electric assist.” A bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of twenty miles per hour.
(c) “Class three bicycle with electric assist.” Solely within a city having a population of one million or more, a bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of twenty-five miles per hour.
Electric scooter. Every device weighing less than one hundred pounds that
(a) has handlebars, a floorboard or a seat that can be stood or sat upon by the operator, and an electric motor,
(b) can be powered by the electric motor and/or human power, and
(c) has a maximum speed of no more than twenty miles per hour on a paved level surface when powered solely by the electric motor.
If you have been injured in an e-bicycle accident, contact Michael J. Redenburg, Esq., PC, Manhattan e-bike lawyer now at 212-240-9465. We will fight for you!