NYC Parks Department Prohibits E-Bikes Despite Legalization in the Rest of New York City — Bike Injury Attorney Glenn Herman Weighs In
New York, NY– Indications posted around New York’s parks inform people of the Parks Department’s decision to prohibit e-bikes and e-scooters from going into specific parks. Following the legalization and growing usage of e-bikes (both independently owned and through e-bike rental services such as Citi Bike and Lime, Bird and Veo ), the Parks Department’s limitations develop a roadblock in the City’s move towards micromobility.
New york city Parks validated the guideline on twitter, stating, “Our park guidelines forbid automobile in a park, except on designated park roads, greenways, and parking lot. This includes all e-bikes, scooters, mopeds, and other motorized automobiles, as specified by the @nysdmv Automobile Code.”
Technically, New york city State law does not specify e-bikes, pedal help bikes, or e-scooters as motorized lorries, despite the fact that they contain little electric motors. Section 125 of the New York City State Lorry and Traffic Law states:
“Every car operated or driven upon a public highway which is propelled by any power other than muscular power, other than (a) electrically-driven mobility assistance devices operated or driven by an individual with a special needs, (a-1) electrical individual assistive mobility devices ran outside a city with a population of one million or more, (b) cars which run just upon rails or tracks, (c) snowmobiles as specified in post forty-seven of this chapter, (d) all surface automobiles as defined in post forty-eight-B of this chapter, (e) bicycles with electric help as defined in section one hundred two-c of this post, and (f) electric scooters as specified in area one hundred fourteen-e of this post.”
— Area 125 of New York State’s Automobile and Traffic Law
Glenn A. Herman, a New york city City trial lawyer that represents to name a few accident victims, injured bicyclists, e-scooters riders, skateboarders and pedestrians, commented that “the problem for cyclists and operators of any motorized gadgets in The City is that the Department of Parks guidelines are completely inconsistent with the laws passed in 2015 by the New york city State Legislature, which legalized making use of motorized bicycles, scooters and other devices. Remember, we are not speaking about mopeds which are thought about a “limited usage bike” and which requires a chauffeur’s license to operate. Those automobiles are not allowed parks nor ought to they be.”
“We are discussing bicycles and scooters, skateboards and other microbility devices that have a small battery powered motor. There needs to be some genuine study and consistency behind the Parks Department’s policies. It is not just the speed of these cars that is the concern. Much of the bicyclists, for example in Central and Prospect Park, flight at quick speeds however do so in a safe way. There are increasingly more scooters and e-bikes on the streets of the City every day. The brand-new Mayor who takes workplace next month, Eric Adams, announced he will be riding his bike to work. Hopefully, his very first hand travelling experience will benefit bicyclists citiwide.”
While New york city State’s definition of an automobile clearly omits all 3 classes of e-bikes, the exact same piece of legislation enables municipalities to pass their own policies relating to the usage of e-bikes and other vehicles. It is for that reason legal for the Parks Department to ban e-bikes and e-scooters from inside NYC parks.
Concerns over e-bikes and e-scooters in New york city City are extensive; some e-bikes and scooters take a trip at dangerously high speeds and present risks for pedestrians and the cyclist and scooter operators themselves. Furthermore, a cyclist or scooter operator secured just by a helmet stands little chance versus a 3000lb car or much heavier truck or bus.
Mr. Herman, who is an avid cyclist himself and specializes in bike accident cases, includes, “If e-bike and e-scooter users are forbidden from utilizing available bike routes in parks and park roads, and are forced onto the highways, lives are taken into fantastic danger. In Central Park, for instance, if the Parks Department forbids motorized vehicles such as e-bikes and e-scooters, e-bike and e-scooter riders will be required to use the transverse roads to cross the park. This is an extremely harmful senario evidenced by the fact that in 2019, a physician was struck and killed by a school bus on this precise road as he bicycled to work.”
Source:
The Parks Department’s E-Bike Policy is Not Consistent with State Law
Media contact:
R. William
212-966-1928
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