S 10700: Regulates the sale of E-motos and electric off-highway motorcycles; requires sellers of E-motos and electric off-highway motorcycles to post a certain notice; prohibits deceptive marketing practices with regard to E-motos and electric off-highway motorcycles.

  
  STATE OF NEW YORK ________________________________________________________________________ 10700  IN SENATE September 14, 2026 ___________ Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the general business law and the vehicle traffic law, in relation to regulating the sale and marketing of E-motos and electric off-highway motorcycles The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding three new 2 sections 391-ccc, 391-cccc and 391-ccccc to read as follows: 3 § 391-ccc. Sale of E-motos and electric off-highway motorcycles. 1. 4 For the purposes of this section, the following terms shall have the 5 following meanings: 6 (a) "E-moto" shall mean any device that is equipped with a motor capa- 7 ble of propelling the device in excess of twenty miles per hour. 8 "E-moto" shall not include devices expressly excluded from the defi- 9 nition of motor vehicle under section one hundred twenty-five of the 10 vehicle and traffic law or devices that are eligible for registration 11 under the vehicle and traffic law. 12 (b) "Electric off-highway motorcycle" shall mean an off-highway motor- 13 cycle as defined by section one hundred twenty-five-a of the vehicle and 14 traffic law that is propelled by an electric motor and eligible for 15 registration under the vehicle and traffic law, whether or not such 16 device is equipped with pedals. 17 2. No person, firm, partnership, association, business, or corporation 18 operating as an online retailer or as a physical retail location in this 19 state, shall sell, offer for sale at retail, or resell any E-motos in 20 this state. 21 3. No person, firm, partnership, association, business, or corporation 22 operating as an online retailer shall sell, offer for sale at retail, or 23 resell any electric off-highway motorcycle. An electric off-highway 24 motorcycle may only be advertised, offered for sale or sold by an all- 25 terrain vehicle dealer physically located in this state and registered 26 with the department of motor vehicles. All electric off-highway motor- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16116-05-6 
 S. 10700 2 1 cycles sold in this state must be registered with the department of 2 motor vehicles by the dealer prior to delivery to the purchaser. 3 4. (a) Where a violation of this section is alleged to have occurred, 4 the attorney general may apply in the name of the people of the state of 5 New York to a court of competent jurisdiction, on notice of five days, 6 for an order enjoining or restraining commission or continuance of the 7 alleged unlawful acts and, where appropriate, order restitution to 8 aggrieved parties. In any such proceeding, the court shall impose a 9 civil penalty in an amount not to exceed one thousand dollars per 10 violation, provided that the court may relieve the defendant of such 11 penalty upon a showing that (i) no prior proceeding pursuant to this 12 section has been brought against the defendant or the defendant's offi- 13 cers, owners, employees, or agents, and (ii) the defendant has taken 14 reasonable and effective measures to prevent such violations in the 15 future. 16 (b) In addition to the right of action granted to the attorney general 17 pursuant to this subdivision, the provisions of this section may be 18 enforced by the director of a municipal consumer affairs office, or by 19 the town attorney, city corporation counsel or other lawful designee of 20 a municipality or local government, and all monies collected thereby 21 shall be retained by such municipality or local government. 22 (c) Each item manufactured, imported, sold or offered for sale in 23 violation of this section shall constitute a violation. Each day a 24 violation of this section is continued shall constitute a separate 25 violation. 26 § 391-cccc. Sale of E-motos and electric off-highway motorcycles; 27 required warnings. 1. For the purposes of this section, the following 28 terms shall have the following meanings: 29 (a) "E-moto" shall have the same meaning as defined in section three 30 hundred ninety-one-ccc of this article. 31 (b) "Electric off-highway motorcycle" shall have the same meaning as 32 defined in section three hundred ninety-one-ccc of this article. 33 2. Every person, seller, business, corporation, or online retailer 34 shall conspicuously post the following notice if a device meets the 35 definition of E-moto or electric off-highway motorcycle, and where such 36 devices are sold, displayed or delivered to the purchaser, including but 37 not limited to, at the point of sale for a business or online retailer, 38 in bold print in the same size font as the purchase price and shall be 39 displayed before an individual attempts to purchase such device: 40 "WARNING: IT IS NOT LEGAL TO RIDE THIS DEVICE ON ANY PUBLIC HIGHWAY OR 41 STREET UNDER NEW YORK STATE LAW. IT IS NOT LEGAL TO SELL THIS DEVICE TO 42 A PURCHASER IN NEW YORK STATE. VIOLATIONS OF THE LAW MAY RESULT IN A 43 CIVIL PENALTY." 44 3. Failure to comply with any provision of this section shall be a 45 violation and subject to a civil penalty of not more than two hundred 46 fifty dollars for the first offense and not more than one thousand 47 dollars for each subsequent offense. 48 § 391-ccccc. Deceptive marketing of E-motos and electric off-highway 49 motorcycles. 1. For the purposes of this section, the following terms 50 shall have the following meanings: 51 (a) "Electric scooter" shall have the same meaning as defined in 52 section one hundred fourteen-e of the vehicle and traffic law. 53 (b) "E-bike" means a bicycle with electric assist as defined in 54 section one hundred two-c of the vehicle and traffic law. 55 (c) "Off-highway motorcycle" shall have the same meaning as defined in 56 section one hundred twenty-five-a of the vehicle and traffic law. 
 S. 10700 3 1 (d) "E-moto" shall have the same meaning as defined in section three 2 hundred ninety-one-ccc of this article. 3 (e) "Electric off-highway motorcycle" shall have the same meaning as 4 defined in section three hundred ninety-one-ccc of this article. 5 2. It shall be unlawful for any person, firm or corporation to direct- 6 ly or indirectly represent in any manner, whether by written solicita- 7 tion or posted via electric means, a false, deceptive or misleading 8 statement in regard to marketing devices such as E-motos, electric 9 scooters, bicycles with electric assist, or electric off-highway motor- 10 cycles. It shall be unlawful and deceptive marketing to represent or 11 market any E-moto or electric off-highway motorcycle as an electric 12 scooter, E-bike, or off-highway motorcycle unless such device meets the 13 applicable definition of such a device as set forth in subdivision one 14 of this section. 15 3. Wherever a violation of this section is alleged to have occurred, 16 the attorney general may apply in the name of the people of the state of 17 New York to a court of competent jurisdiction, and on notice of not less 18 than five days, for an order enjoining or restraining commission or 19 continuance of the alleged unlawful acts. In any such proceeding, the 20 court shall impose a civil penalty not to exceed five hundred dollars 21 for each violation, or up to one thousand dollars for each violation if 22 the court finds that the defendant knowingly violated this section. 23 Each item manufactured, imported, sold or offered for sale in violation 24 of this section shall constitute a violation. Each day a violation of 25 this section is continued shall constitute a separate violation. 26 § 2. Subdivision 2 of section 511-c of the vehicle and traffic law, as 27 added by chapter 607 of the laws of 1993, is amended to read as follows: 28 2. Any motor vehicle which has been or is being used in violation of 29 paragraph (a) of subdivision three of section five hundred eleven of 30 this article, or sold or offered for sale in violation of section three 31 hundred ninety-one-ccc of the general business law, may be seized by any 32 peace officer, acting pursuant to [his or her] their special duties, or 33 police officer, and forfeited as hereinafter provided in this section. 34 § 3. This act shall take effect immediately.