Cuomo’s rationale for the veto
Cuomo said of the lack of helmet provisions and other safety measures: “Failure to include these basic measures renders this legislation fatally flawed. Specifically with respect to e-bikes, the throttle motor that allows a rider to increase speed without pedaling renders e-bikes indistinguishable from mopeds, which are already regulated and require license plates and drivers licenses.”
As a result of the veto, e-scooters and e-bikes will continue to remain technically illegal across the state. This will further delay the adoption of shared mobility services such as Lime and Bird.
Vetoed bill passed both state legislatures in June by a large majority
In the state Senate the bill passed by a vote of 56 for and just 6 against. In the House the majority was even larger with 137 for and just 4 against. Legislators had held back on sending the bill for Cuomo for sign because of his opposition to it because of safety concerns. Cuomo has in the past expressed support for legalizing e-scooters and e-bikes. However, he appears to have turned against the bill when he was earlier this year criticized by one of its co-sponsors.
A recent article reports on the alleged situation: “But a source familiar with the negotiations said the governor was on board until the bill’s sponsor, state Sen. Jessica Ramos (D-Queens), dinged him to The New York Times in October over his push to double the threshold for the state’s minor political parties to keep a line on the ballot come Election Day.” The criticism has nothing to do with the vetoed legislation so it is odd that this would be a reason for Cuomo’s position. What seems more likely is that Cuomo still favors legalization but with further safety regulations.
Provisions of the vetoed bill
Although the bill would have legalized both e-scooters and e-bikes across the state, it would also allow cities to pass their own regulations on e-bike and e-scooter sharing services. Cities could require permits to control companies starting up. This would give local governments leverage to pass regulations governing these services.
The bill would have helped New York City delivery workers who have been using e-bikes and as they are still illegal could be fined $500 plus the confiscation of their vehicles. Occasionally the New York Police carry out sweeps against the delivery people.
Recently Legal Aid has launched a suit against the NYPD for its actions: “The suit, filed by the Legal Aid Society in state Supreme Court, claims that the NYPD is erroneously dishing out $500 fines to workers using the bikes when the department should, by law, be ticketing their place of employment.“This is a very oppressive situation. Very few of these workers have $500, and their bikes are confiscated and they lose their livelihood until the $500 is paid,” said Steven Wasserman, the staff attorney at the Legal Aid Society. ”
Negative reaction to the veto
NY State Assemblywoman Nily Rozic from Queens who co-sponsored the bill said that the Cuomo veto represented a missed opportunity to “deliver economic justice for thousands of delivery workers across New York City, and bring safe, viable options to transit deserts across the state.”
Phil Jones of Lime said the news was disappointing but said that he hoped the state administration would work quickly with legislative leaders early in the New Year to improve mobility for New Yorkers. This should be possible given that Cuomo’s objections appear to be only about the lack of certain safety regulations and not opposition to legalization per se. Jones himself noted: “Governor Cuomo has been a strong advocate for innovative and sustainable mobility options, and in the upcoming session, he should make New York a national leader for alternative transportation.”
A spokesperson for Bird sharing service also expressed some optimism: “Cities around the world are embracing e-scooters as an environmentally-friendly, inexpensive way to get around, especially in transit deserts. New Yorkers are ready. We are encouraged with the overwhelming support we received from the legislature and from the environmental community. We look forward to bringing micro-mobility choices to New Yorkers next year.”
