At a press conference heralding his decision to legalize e-bikes and e-scooters with a bill in the 2021 budget, Governor Andrew Cuomo said he would ask the state legislature to pass it as soon as possible before the April 1st budget deadline, in order to prevent more immigrant delivery workers from having their e-bikes confiscated in Mayor Bill de Blasio's crackdown.
"The best way for me to deal with that is to ask the legislature to pass this bill ahead of the entire budget, which I am going to do," Cuomo said, declining to say whether he'd tell the NYPD and the de Blasio administration ease up on delivery cyclists, who currently face a $500 fine and having their bikes confiscated just because they operate with throttles instead of pedal-assist mechanisms. "The bill is self-contained and there's no reason they cant pass this bill next week as far as I’m concerned."
Cuomo added, "April 1st is the worst case scenario."
Passing the law, the governor said, is "especially important for immigrant delivery workers who in many cases have been subject to arbitrary enforcement, given the vagary of the laws and regulations."
"And it has posed substantial hardship on many delivery workers, who are in the least powerful position to deal with this."
The Mayor's Office and the NYPD have not yet responded to our questions about whether the police department will continue to fine e-bike riders and confiscate their wheels. Nor have they responded to repeated requests for data on e-bike fines and confiscations.
The governor's bill is very similar to one he vetoed late last year that was sponsored by Queens State Senator Jessica Ramos and Assemblymember Nily Rozic. (Cuomo didn't mention those lawmakers by name in taking his press conference victory lap. Danny Harris, executive director of Transportation Alternatives did, between his profuse thanks to the governor for his "leadership" on the issue.)
The law divides e-bikes into three categories—Class 1 pedal-assist models with a top speed of 20 mph, Class 2 throttle models with a top speed of 20 mph, and Class 3 throttle bikes with a top speed of 25 mph. Riders of Class 3 bikes must wear helmets under the bill.
Electric bike and e-scooter ridership is restricted to New Yorkers 16 and older, but e-scooter operators under the age of 18 are required to use a helmet. E-scooter speeds are capped at 15 mph, and e-scooter share companies can't operate in Manhattan. Scooter share systems can operate anywhere else so long as the local authority permits it. Localities have the ability to restrict and even ban e-bikes and e-scooters under the legislation. Both e-bike and e-scooter riders will use bike lanes when possible.
The legislation doesn't address everything—some e-bikes that are currently sold can boost riders past 25 mph, and Cuomo's bill restricts Class 3 e-bikes to Manhattan, when they are currently used across the five boroughs—but the governor noted that his legislation allows localities to make their own laws.
"Local governments can opt out of these rules entirely, or they can amend these rules, but this is a statewide legal system that now exists," Cuomo said.
Cuomo was chatty and seemed almost gleeful as he bantered with reporters. News of New York City Transit President Andy Byford's resignation prompted an avalanche of questions that he gamely answered, and he waved off an aide who wanted to cut the press conference short so he could weigh in on bail reform and anti-Semitism.
Asked if he had ridden an e-scooter before, Cuomo replied, "I ride motorcycles, I ride dirt bikes, I ride quads. Those old Italian scooters, what were they called? Vespas. I can’t say that I have ridden an e-scooter. As soon as Harley makes an e-scooter..."
After the laughter died down, the governor said, "I would consider riding an e-scooter."