A New York State bill would bar retailers and online sellers from selling certain high-speed electric vehicles to customers in the state when the devices are marketed as e-bikes or e-scooters even though they cannot legally be used on public roads.
The proposal from state Sen. Kristen Gonzalez and Assemblymember Diana Moreno would define those vehicles as “e-motos,” restrict their sale and advertising, and require warnings explaining where electric off-highway motorcycles can legally be used. The legislation, S.10700, was referred to the Senate Rules Committee on Sept. 14.
The bill would apply statewide and focus on the point of sale rather than riders already using legal e-bikes, e-scooters and other micromobility devices. Gonzalez and Moreno said the measure is intended to separate legal transportation options from heavier, faster electric vehicles that can exceed 50 mph.
Bill draws a line between e-bikes and e-motos
Under the proposal, an e-moto would be an electric vehicle capable of traveling faster than 20 mph that does not meet the state Vehicle and Traffic Law definitions for an e-bike or e-scooter and is not required to be licensed by the Department of Motor Vehicles.
Retailers and online marketplaces would be prohibited from selling those e-motos to purchasers in New York. They also could not advertise or list e-motos or electric off-highway motorcycles as e-bikes or e-scooters.
The measure would create a separate legal definition for electric off-highway motorcycles and require those vehicles to be sold through licensed all-terrain vehicle dealers. Sellers would have to warn buyers that the vehicles cannot legally be ridden on New York roads.
The distinction is central to the proposal. Legal e-bikes and e-scooters would remain available, while vehicles that fall outside those classifications would face new sales, dealer and disclosure rules.
Supporters said consumers can be misled when high-speed models are presented as ordinary e-bikes or scooters. The bill is intended to place responsibility on sellers to accurately describe a vehicle before a customer buys it.
Fatal bridge crash adds urgency
The sponsors introduced the measure after a fatal crash on the Queensboro Bridge this summer involving a high-speed electric scooter and a bicycle. The bridge is within both lawmakers’ districts.
Gonzalez said New Yorkers have pressed for safer streets while also seeking better access to protected bike lanes and legal micromobility. She described the sales restrictions as the next step in that work because they would address deceptive marketing before a vehicle reaches the street.
Moreno said legal e-bikes and similar devices remain important for transportation and work, particularly for people who depend on them for their livelihoods. She said the legislation is designed to remove high-speed vehicles from the same category without limiting lawful micromobility.
New York City Department of Transportation Commissioner Mike Flynn supported the proposal, pointing to vehicle speed and weight as major factors in crash severity. Flynn said faster and heavier illegal devices pose risks to their riders as well as pedestrians and cyclists.
State Sen. Liz Krueger also backed the bill, saying it would cover sales by physical stores and large online retailers. The release announcing the legislation did not identify an enforcement agency, penalties for violations or an effective date.
Advocates focus on sellers and consumer warnings
Transportation Alternatives, StreetsPAC, the New York Bicycling Coalition and Families for Safe Streets were among the groups supporting the proposal. Their statements focused on preventing illegal vehicles from being marketed as legal e-bikes and on giving buyers clearer information about what can be used on public streets.
Anne Savage of the New York Bicycling Coalition said people should be able to trust that a product sold as an e-bike is legal to ride in New York. Eric McClure of StreetsPAC urged lawmakers to take up the proposal early in the coming legislative session.
The Workers Justice Project supported targeting unsafe devices at the point of sale while calling for delivery workers to be included in planning for a transition to safer micromobility. The organization also called for investment in street infrastructure and lanes serving electric micromobility users.
Queens community board representatives said high-speed devices are increasingly appearing in protected lanes used by commuters, delivery workers and families. They argued that clearer sales rules would protect legal riders from unknowingly purchasing vehicles that cannot be used on New York streets.
The bill remains in committee and would need approval from the Senate and Assembly before going to the governor. The announcement did not identify a scheduled hearing or vote.
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