Nassau lawmakers push update to outdated e-bike rules

Posted

What was supposed to be a simple ride around the block turned into a costly ordeal for West Hempstead resident Carmine Macchia, who said Nassau police confiscated his class-2 electric bicycle despite his understanding that it was legal under New York state law.

“On Thursday, I was pulled over riding my bicycle by a marked police cruiser,” Macchia said Monday during a news conference. “The police told me that a law was passed last year that outlawed e-bikes throughout Nassau County. Turns out there was no such law.”

Macchia, said he had owned the foldable pedal-assist bicycle for several years and was using it for what he described as a short recreational ride near his home when officers stopped him.

Macchia’s bike was taken to a private impound lot, he said, and he was charged $179 plus a $20 daily storage fee to retrieve it from impound. And now won’t ride his bike out of fear that something like this would happen again because he believes he will have a criminal record.

His case became the centerpiece of a push by Nassau County Democratic legislators, where Olena Nicks who represents parts of West Hempstead introduced legislation Monday.

Nicks is stressing for an update an outdated county ordinance and clarify which electric bicycles and scooters are permitted on county roads.

“What we are changing are the outdated county restrictions that punish our residents for using legal, affordable transportation options,” Nicks said. “These residents are treated like they are doing something wrong, simply because Nassau County does not want to modernize its code and it make no sense at all.”

The proposal would amend Nassau’s current motorized vehicle code, which Democrat lawmakers said was last updated in 2006, before e-bikes and e-scooters became common.

New York State Department of Motor Vehicles guidance classifies Class 2 electric bicycles — throttle-assisted bikes with a maximum speed of 20 miles per hour — as legal bicycles with electric assist that may be operated on roads with posted speed limits of 30 miles per hour or less.

“The law allows people to operate electric scooters (e-scooters) and bicycles with an electric assist (e-bikes) on some streets and highways in New York State,” according to the motor vehicles.

Nassau police said on social media on March 5 that motorized scooters and Class 2 and 3 e-bikes cannot ride on any Nassau County roadway or property, meaning those devices are prohibited under county law despite New York state legalizing and establishing operating rules for three classes of electric bicycles in 2020, including throttle-assisted and pedal-assist models.

“Enforcement of existing laws are the reason why we are the safest county in America,” Nassau County Executive Bruce Blakeman said in a statement on Monday.

Democrat lawmakers said the measure would bring Nassau County’s e-bike rules in line with New York state law while keeping current prohibitions on reckless riding, sidewalk riding and other unsafe conduct in place.

“I legally bought it. I legally rode it. And that did not keep me safe,” Macchia said.