New York Introduces Laws Impacting Micromobility Products

Nilan Johnson Lewis PA
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New York Governor Kathy Hochul recently signed legislation impacting e-bikes, certain micromobility, and other lithium-ion battery products. These laws impose new requirements on manufacturers and retailers, and coordination between the two may also be necessary to ensure product compliance.

Flowing is breakdown of the new laws that will impact manufacturers, which go into effect in mid October.

Legislation S.154F/A.4938-D will prohibit the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or mopeds unless such batteries are manufactured in accordance with certain standards and specifications. Specifically, it requires manufacturers of micromobility devices to use ISO 17025, ISO 17065, or an OSHA-approved nationally recognized accredited testing lab to certify compliance with UL2271 or UL 2272. The statute defines micromobility devices to include electric scooters, electrical personal assistive mobility device, and other personal mobility devices powered by lithium-ion batteries such as skateboards and unicycles.  Manufacturers of electric assist bicycles and limited use motorcycles must obtain certification from an accredited testing lab to comply with UL 2849, UL 2271, or EN 15194. Violators are subject to civil fines.

Legislation S.7503-B/A.01910-B will require retailers of micromobility devices, bicycles with electric assist and mopeds powered with lithium-ion batteries, and lithium-ion batteries intended for use in such devices or bicycles, to provide customers with an operating manual. The manual must be available in multiple languages both in print and electronically and include instructions related to battery maintenance and safety issues outlined in the statute. You can view a copy of the statute for specifics by clicking here. Violators are subject to civil fines.

Legislation S.7703-B/A.8450-B will require mopeds to be registered by dealers at the point of sale, if they are to be used in New York.

Legislation S.7760-A/A.8102-A will require micromobility devices, mopeds, and bicycles with electric assist to have a red tag attached to the charging cord which states to unplug when not in use. The NY Department of State will issue regulations on what safety information must be included on the tag.

Legislation S.7744-D/A.8310-C requires retailers to affix a notice on any bicycles with electric assist and micromobility devices which states to always yield to pedestrians and follow traffic laws. This legislation also authorizes that any retail entity who violates the law may be penalized with a fine of no more than $250 per unit for the first offense and not more than $1,000 for each subsequent offense.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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