[SustainableTompkins] Bicycle definition - New York

[Joel and Sarah Gagnon]

George, I'm sure I've heard bicycle riders admonished by traffic-control 
people that they are riding a VEHICLE, not a toy. You're right: legislative 
language regarding bicycles needs to be clarified. I believe American 
society is coming into a new stage in people transport. You are ahead of 
your time, as many of our friends are.. ....And to think that I let go a 
nice three-speed lightweight Austrian bicycle in Atlanta when I learned 
that I could no longer use it. Sigh.

Sally Gagnon

At 05:44 PM 6/30/08 -0700, you wrote:
>I went to the New york State website:
>http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
>
>and found the following definitions in the Vehicle and Traffic Law.  New 
>York's definition for bicycle excludes motorized bikes.
>
>Further down though is a definition for "Limited use mortorcycle."  Is 
>this the source of the Catch 22 - the state distinguishing bike with 
>motors, then not providong for any mechanism to license or insure them?
>
>George Frantz
>
>VAT - Vehicle and Traffic
>Article 1 - Words and phrases defined.
>
>
>§ 102. Bicycle. Every two or three wheeled device upon which a person or 
>persons may ride, propelled by human power through a belt, a chain or 
>gears, with such wheels in a tandem or tricycle, except that it shall not 
>include such a device having solid tires and intended for use only on a 
>sidewalk by pre-teenage children.
>
>§ 121-b. Limited use motorcycle. A limited use vehicle having only two or 
>three wheels, with a seat or saddle for the operator. A limited use 
>motorcycle having a maximum performance speed, of more than thirty miles 
>per hour but not more than forty miles per hour shall be a class A limited 
>use motorcycle. A limited use motorcycle having a maximum performance 
>speed of more than twenty miles per hour but not more than thirty miles 
>per hour, shall be a class B limited use motorcycle. A limited use 
>motorcycle having a maximum performance speed of not more than twenty 
>miles per hour shall be a class C limited use motorcycle.
>
>§ 123. Motorcycle. Every motor vehicle having a seat or saddle for the use 
>of the rider and designed to travel on not more than three wheels in 
>contact with the ground, but excluding a tractor.
>
>§ 159. Vehicle. Every device in, upon, or by which any person or property 
>is or may be transported or drawn upon a highway, except devices moved by 
>human power or used exclusively upon stationary rails or tracks.
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>On Thu, Jun 26, 2008 at 7:22 PM, Tim Joseph <tim at longhousecoop.org> wrote:
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>David,
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>I live at Longhouse Cooperative, right next to you, and had a similar 
>experience.  I wanted to bike for years, but couldn't face the hills as a 
>daily commute.  Then I got a bike with a motor and spent the next two 
>years bike-commuting.  Mine is a small, 4 cycle, gas engine.  Not as green 
>as electric, but I calculate I get about 100 miles per gallon and was only 
>using the motor for about a quarter of the biking time.  The gas motor has 
>a bit more power than any electric I've seen, which helps with the section 
>of Elm St. right above where you probably turn.  It wasn't a real choice 
>though, just what I happened to come across.  I too have spread the word 
>and know of at least one person who bought an electric bike as a result.
>
>However, you should know that these bikes are illegal on NY 
>roads.  Anything with a motor must be licensed and insured.  But these 
>bikes cannot be licensed or insured.  Catch 22.  The odds of you actually 
>being ticketed are  pretty slim, but because of where I work, I can no 
>longer bike-commute.  And even though the chances of someone stopping you 
>are pretty low, the penalties for unlicensed, uninsured operation of a 
>motor vehicle are pretty severe.  Sooner or later someone will get slammed.
>
>We should be pushing for a change in the law that recognizes the reality 
>of power boosted bicycles.  Some states and other countries define a 
>category of motor assisted bicycles, with a limit on either power or 
>speed, and define them as bicycles, not motor vehicles.  It's time for NY 
>to do the same.
>
>Tim
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