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S 9361

Requires operators of bicycles with electric assist, electric scooters, and motor-driven cycles to wear protective head gear

2025 Regular Session Introduced by Jeremy Zellner

The bill mandates helmet use for electric-assisted bicycles, electric scooters, and motor-driven cycles, with a new definition for these cycles and a 90-day enactment delay.

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Bill Summary · S 9361

Summary of New York S.9361 (2025-2026)

Purpose

S.9361, introduced by Senator Zellner, would require helmet use for operators of certain low-speed, motorized and electric-assist devices in New York. The bill aims to enhance rider safety by mandating protective headgear for specific categories of personal transportation, including bicycles with electric assist, electric scooters, and motor-driven cycles.

Key Provisions

1) Helmet Requirement for Electric-Assist Bicycles

  • Amends Vehicle and Traffic Law §1238(5-c) to require any person riding, propelling, or operating a bicycle with electric assist to wear a helmet that meets standards established by the commissioner.
  • “Wearing a helmet” is defined as a properly fitting helmet securely fastened with straps.

2) Helmet Requirement for Electric Scooters

  • Amends Vehicle and Traffic Law §1286(1) to require any person operating an electric scooter to wear a helmet meeting the commissioner’s standards.
  • Applies to individuals presumably under the age of 18, consistent with existing language about age and helmet use in similar provisions (the bill text repeats the definition of helmet accordingly).

3) New Definition: Motor-Driven Cycles

  • Adds a new section (proposed §123-a) to define motor-driven cycles with specific characteristics:
    • Seat or saddle for the operator.
    • Two or three wheels in contact with the ground.
    • Internal combustion engine or electric/solar/hybrid motor capable of unassisted propulsion up to 30 mph.
    • If equipped with an internal combustion engine, displacement must not exceed 50 cc.
    • If operated at speeds over 30 mph, the operator must hold a valid license (class D, DJ, M, or MJ, as applicable).
    • Power drive system that requires no clutch or gear shift once engaged.

4) Helmet Requirement for Motor-Driven Cycles

  • Adds a new section §1244 under Article 34 to require helmet use for motor-driven cycle operators.
  • “Wearing a helmet” defined similarly as above (properly fitting helmet securely fastened).

5) Effective Date

  • The act would take effect 90 days after becoming law.

Who Is Affected

  • Operators of bicycles with electric assist.
  • Operators of electric scooters.
  • Operators of motor-driven cycles (as newly defined, including certain limited-speed motorcycles).
  • In all cases, individuals would be required to wear helmets meeting standards established by the commissioner.

Procedural and Timeline Notes

  • Referred to the Senate Committee on Transportation on March 5, 2026.
  • The bill includes standard “new law” language and cross-references to standards set by the commissioner.
  • Effective date: 90 days after enactment.
  • Explanatory notes indicate alignment with existing safety helmet standards and definitions for helmet use.

Potential Impacts

  • Public Safety: Expected improvement in head injury prevention for riders of electric-assist bicycles, electric scooters, and motor-driven cycles.
  • Compliance: Riders must obtain and wear helmets that meet commissioner standards; enforcement would apply to all covered device operators.
  • Licensing: Motor-driven cycles may require the operator to hold an appropriate license if the vehicle exceeds 30 mph, aligning with existing motorcycle licensing requirements.
  • Industry/Public Space Use: Could influence the design, marketing, and usage policies of e-bikes, e-scooters, and light motorized cycles in New York.

This summary reflects the substantive provisions and practical implications of S.9361 as introduced. If you’d like, I can compare this bill to current law or provide a side-by-side with similar helmet requirements in neighboring states.

Compiled from official sources — confirm details with the bill’s official record.

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