Moped and E-Bike Safety Legislation Becomes State Law

Micro mobility retailers must register mopeds at the point of sale and hand out information to the new owners of e-bikes and mopeds under legislation signed by Gov. Hochul on Thursday.

The Governor signed the package of eight bills into law on Thursday to help raise awareness of safety concerns surrounding lithium-ion battery combustion, encourage registration of gas-powered and electric mopeds, and to widen the state’s role in collecting data surrounding micro mobility crashes in the city. The laws shift the burden of regulation to retailers from their delivery-worker clientele, who have been dealing with an uptick of enforcement from the police department.

Retailers selling mopeds and e-bikes will have to comply with new regulations that aim to educate buyers and browsers, or face fines: 

• The sale of lithium-ion-batteries not up to industry safety standards is now prohibited.
• Retailers are required to provide operating manuals for bikes or scooters with lithium-ion batteries. 
• Retailers must affix a notice on e-bikes and mopeds to remind riders to yield to pedestrians and follow traffic laws.
• State agencies must develop and maintain safety resources related to e-bikes and mopeds.
• New training materials must be given to first responders for incidents involving lithium-ion batteries. 
• Reports must be made following e-bike or e-scooter crashes resulting in death or injury. 
• Mopeds must be registered at the point of sale. 
• All micro mobility devices need red tags on their charging cords that reminds users to unplug when not in use.

The point of sale bill comes as the rise in moped use among delivery workers is a frequent topic of conversation at community board meetings throughout the city. Though mopeds are already required to be registered with the DMV and operators need a driver’s license, this law closes a loophole that allowed vendors to sell the vehicles without proof of registration.  

In January 2023, moped or motorcycle riders were involved in three reported crashes that resulted in injuries. That number rose to 16 in the same month of this year, signaling an increase in the use of mopeds, according to data compiled by NYC Crash Mapper.

Electeds have been hosting town halls for residents to air their grievances. In Jackson Heights, Council Member Shekar Krishnan called the Paseo Park open street a “moped highway,” and residents complained of delivery workers on mopeds zipping through the pedestrianized street. In Manhattan, State Senator Brad Hoylman-Sigal (D- Manhattan) hosted a symposium this spring to seek community input on the problem. 

“I’ve received more complaints about the hazards these mopeds cause than just about any other issue,” said Hoylman-Sigal, who sponsored the point of sale bill alongside Assemblymember Alex Bores. “With this new law in effect, more registered mopeds will mean greater enforcement of our traffic laws and safer streets.”

Much of the tension surrounding moped use comes from a lack of education passed to buyers from the sellers. The new legislation shifts acccountability which will improve street safety without penalizing workers.

“By requiring the registration of mopeds at point of sale and the collection of e-bike collision data, we are making our streets safer and increasing accountability,” said Bores.

The NYPD has been cracking down on illegal moped use, setting up in high-traffic areas to confiscate the unregistered vehicles. But this, as Curbed reported, creates a nightmare for the immigrant workforce who need them to work for food app-delivery companies and are often unaware of the rules. 

“Moped buyers may not know that they are supposed to register their mopeds, particularly if dealers are incorrectly describing them as e-bikes,” said State Senator Liz Kruger (D-Manhattan) who sponsored the bill that regulates the sale of lithium-ion batteries. “That leaves the buyers vulnerable to having their mopeds impounded.” 

The Governor’s office said in a press release that the new laws “build on Governor Hochul’s number one priority of keeping New Yorkers safe both on and off the road.” Although the Governor says she prioritizes safety, her move to pull the rug out from under the city’s congestion pricing plan, meant to start on June 30th, proves otherwise. The tolling scheme, which Hochul killed, would have had a profound impact on improving street safety in the five boroughs.