These are Federal regulations for electrics, which supercede any state law which 

is more stringent.  For gas, 48 cc engines traveling less than 20 M.P.H. are 

STREET & BIKE PATH LEGAL in most states.  For legal concerns, we recommend 

checking with your local DMV to determine if 48cc gas-powered or electric 

bicycles require registration.

Section 2085. Low-speed electric bicycles

    (a) Construction

      Notwithstanding any other provision of law, low-speed electric

    bicycles are consumer products within the meaning of section

    2052(a)(1) of this title and shall be subject to the Commission

    regulations published at section 1500.18(a)(12) and part 1512 of

    title 16, Code of Federal Regulations.

    (b) Definition

      For the purpose of this section, the term ''low-speed electric

    bicycle'' means a two- or three-wheeled vehicle with fully operable

    pedals and an electric motor of less than 750 watts (1 h.p.), whose

    maximum speed on a paved level surface, when powered solely by such

    a motor while ridden by an operator who weighs 170 pounds, is less

    than 20 mph.

    (c) Promulgation of requirements

      To further protect the safety of consumers who ride low-speed

    electric bicycles, the Commission may promulgate new or amended

    requirements applicable to such vehicles as necessary and

    appropriate.

    (d) Preemption

      This section shall supersede any State law or requirement with

    respect to low-speed electric bicycles to the extent that such

    State law or requirement is more stringent than the Federal law or

    requirements referred to in subsection (a) of this section.

A00071 Memo:

TITLE OF BILL:  An act to amend the vehicle and traffic law, in 

relation to the definition of electric assisted bicycle                                 

PURPOSE:    This  bill  clarifies  the vehicle and traffic law to 

define electric assisted bicycles; establish that electric  assisted  

bicycles, as  defined,  are bicycles, not motor vehicles; and establish

safety and operational criteria for their use.                                          

SUMMARY OF PROVISIONS:  Section 1 of the bill adds a new  Section  

102-c to  the vehicle and traffic law, defining electric assisted 

bicycles as: 

A bicycle with two or three wheels which has a saddle and  fully  

operative pedals for human propulsion, and also has an electric motor. 

However,  the  electric motor should not have a power output of more 

than one thousand watts, and should be incapable of propelling the  

device  at  a speed  of  more than twenty miles per hour on level 

ground. The electric motor should also be incapable of further 

increasing the  speed  of  the device  when  human  power alone is 

used to propel the device at or more than twenty miles per hour. 

Section 2 adds an exception in section 125 of the  vehicle  and  

traffic law  to  the statutory definition of motor vehicle for 

electric assisted bicycles.                              

Section 3 adds a new section 1240 to the vehicle and traffic law, 

making the rules, regulations and provisions of the  vehicle  and  

traffic law applicable  to  bicycles applicable to electric assisted 

bicycles; makes the federal equipment and manufacturing  requirements  

for  bicycles  or motor  driven  cycles applicable to electric 

assisted bicycles; and adds the following operational and safety 

requirements for electric assisted bicycles:  electric motor 

disengagement criteria; all operators and passengers are required 

to wear bicycle helmets; and  no-one  under  the age of 16 may operate

 or as a passenger on an electric assisted bicycle and establishes 

the civil fine and enforcement procedures for failure to wear a helmet.    

Section 4 is the effective date.                                               

EXISTING LAW: None.                                                            

JUSTIFICATION:  Defining and establishing operational criteria for 

electric assisted bicycles will clarify for authorities that these  

vehicles are  more  akin to bicycles than motorcycles. This will 

assist in interpreting the application of the appropriate vehicle 

and traffic  laws to operators and passengers of these vehicles.  

PRIOR LEGISLATIVE HISTORY:                                                     

2004 A.588 - Passed Assembly; S.7389 - died in Senate Rules Committee          

2000 Original bill - Died in Assembly Transportation Committee.                

1999 Original bill - Died in Assembly Transportation Committee.                

1998 Original bill - Died in Assembly Transportation Committee.                

1997  Original bill -Reported by Assembly Transportation Committee; 

Died in Assembly Rules Committee                                     

FISCAL IMPLICATIONS: None.                                                     

EFFECTIVE DATE: This act shall take effect immediately.