'Wish I Had Never Bought My Son An E-Bike:' Nassau E-Bike 'Ban' Sparks Confusion, Debate Across LI

NASSAU COUNTY, NY — Nassau County residents, including the mother of a young Bellmore boy who died while riding an e-bike, are speaking up about e-bike laws affecting their neighborhoods after local police shared an infographic referencing an apparent "ban."

The Nassau County Police Department shared the post on Facebook, stating: "According to Nassau County Miscellaneous Law Title 61 and VTL Article 34, motorized scooters and Class 2 & 3 e-bikes cannot ride on any Nassau County roadway or property."

Controversy emerged around Nassau County Miscellaneous Title 61, which can be found on page 177 of the Miscellaneous Laws of Nassau County from 2022, and how it aligns with New York State's Vehicle and Traffic Law Section 102-C.

Nassau County's Misc. Law Title 61, a 2006 County law, states that "no person shall operate a motorized scooter or pocket bike upon any property of the county. No person shall operate a motorized scooter upon any highway, parking area of a shopping center, parking lot, sidewalk, street, or any other public area within the County."

While the law limits the usage of ATVs, motorized scooters, and pocket bikes, it does not explicitly mention "e-bikes."

The Nassau County Attorney's Office did not respond to requests for comment or clarify whether an amended version of the miscellaneous law, as published in the 2022 document, includes a definition of e-bikes.

New York State's Vehicle and Traffic Law Section 102-C classifies e-bikes in a separate legal category as "class 1, 2, and 3" and treated primarily as bicycles, and not as motor vehicles or scooters.

Under NYS law, e-bikes are generally classified as a bicycle which is "no more than 36 inches wide and has an electric motor of less than 750 watts, equipped with operable pedals, meeting the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission," and fall into one of the three classes below.

Section 102-C clarifies the three class rankings as follows:

• Class 1: A bicycle with electric assist having an electric motor that provides assistance only when the person operating pedals, and the assistance ceases when the bicycle reaches 20 miles per hour.
• Class 2: A bicycle with electric assist having an electronic motor that may be used to exclusively propel the bicycle, but is not capable of assisting when the bicycle reaches 20 miles per hour.
• Class 3: Solely within a city having a population of 1 million or more people. A bicycle with electric assist having an electric motor that may be used exclusively to propel the bicycle, but is not capable of assisting when the bicycle reaches 25 miles per hour.

Tania Salazar, mother to Jayden Flores, a Mepham student who was struck by a car and killed while riding his e-bike in November, is among those speaking out.

The nuanced question of whether e-bikes should be banned weighs heavily on Salazar.

"Yes," she replied. "I truly wish I had never bought my son an e-bike. But I also believe there is a huge lack of clear information and safety education from the stores that sell these bikes and from the town itself."

She initially refused to buy the bike for him, but many of her son's middle school friends already had one. Salazar noted that other children, including one who attends school with her daughter, also ride e-bikes. She added that she has seen kids on bicycles without electric assistance riding in front of cars and doing wheelies.

"When my son asked me for an e-bike, I tried to read about the rules first," she said, adding that there was a lack of clear information. "Most websites talked about Class 1, 2, and 3 e-bikes, but the stores selling them didn't clearly state which class the bikes were. Even now, it's still hard to find clear information about what is actually allowed or prohibited in our town."

She said the only clear guidance she found was that e-bikes should not be used on highways, which Jayden was not riding on when he was struck.

"Like many parents, we work a lot, but we still tried to educate our son about how to use the bike safely," she said. "Because the traffic on Bellmore Ave. is very fast and there are four lanes of cars with only a small sidewalk, I told him it would be safer to ride on the sidewalk rather than in the road."

Salazar said her son was struck while crossing at a crosswalk: "He wasn't doing wheelies or riding recklessly."

"So the question I keep asking myself is: 'Are e-bikes really the problem,' or is the bigger issue the lack of clear rules, clear information, and proper safety education?'"

Her feelings towards the e-bike laws are mixed, and she is not the only one who has been confused by the laws and the enforcement around them.

Daniel Flanzig, a Sea Cliff resident, partner at Flanzig and Flanzig, LLP, and board president of the New York Bicycling Coalition – Practice Personal Injury with a focus on bike crash litigation for 30 years, said there is inconsistency between the infographic and the law.

The infographic states that there is a ban on class 2 and 3 e-bikes and any e-scooters on all highways, parking lots, sidewalks, streets, and other public areas within Nassau County will lead to impoundment with a punishable fine up to $700 for repeat offenders.

"This is inconsistent with the current Vehicle and Traffic Law, which has legalized class 1 and class 2 e-bikes," Flanzig said. "The infographic is inconsistent with the current NYS VTL."

Some Long Island residents said they were unaware of the law. Sandra Kessler, a fairly new Great Neck resident, said she wasn't aware of the listed Nassau County misc. law until Patch asked her about it, but she is in favor of it.

"I cannot tell you how many times I narrowly missed being run down by a delivery guy on an e-bike going the wrong way down a one-way street," she said. "They are not regulated, and no special license of competence is required. I did not even know about an e-bike ban in Nassau, but I am all for it. You haven't 'lived' until an e-bike narrowly misses you as you walk home down your own block."

Hicksville resident and founder of Save Our Hicksville Facebook page, Lorraine Quigley Burnard, said she supports the 'ban.'

"An e-bike almost crashed into my car as I was pulling out of a gas station," Burnard said. "It was dark, he had no lights, and was going quite fast. Thirty seconds sooner, there would have been a serious injury or two."

Long Island animal advocate and rescuer John DeBacker said an e-bike drove into his vehicle as he was entering a parking lot, causing damage.

Matthew Niederberger, a Bellmore resident for 35 years, said e-bikes are dangerous.

"Should have been done a long time ago," he said. "They zip in and out of car and pedestrian traffic. They don't follow the rules of the road and aren't held accountable to do such either. When they inevitably hit one of our cars, we're the ones that have to pay for it. I don't know why this is controversial."

The controversy surrounding the Nassau County law has divided Long Island residents. Many are opposed to the ban, citing that e-bikes and e-scooters are necessary for commuting to work and getting across the Island.

One community member said he has been using an e-scooter for years, and the laws surrounding e-bikes have been "very gray." Joseph Gee said he uses his e-scooter to commute to work daily.

"As of now, I'm taking my chances commuting, and I'm hoping a police officer will show some discretion when he sees an adult observing all traffic and speed regulations," he said.

He said he follows all traffic rules while riding, and his children all have e-bikes as well.

"I go above and beyond to teach them responsibility and to respect all the rules of the road," he said. "I feel owning these e-bikes has matured them and made them more aware and cautious."

Lori Lynch, a Bellmore-Merrick resident for 30 years, said the e-bike is not to blame, but rather, the people riding it.

"Another government 'solution' while the people cry for more restrictions on themselves or others," Lynch said. "It needs to stop. If you are hit by an e-bike and suffer damage, hold the person accountable; otherwise, let the people live freely."

Debbie Dickerson-Rand said her family uses e-bikes and believes there should be restrictions, but not an outright 'ban.'

"We are all over 30 and conscientious riders with all the safety equipment," Dickerson-Rand said. "Why do a few rotten apples have to spoil it for all?"

The 16-year age minimum should be reinforced, Dickerson-Rand said, adding the question of 'what will Nassau County do with the bikes once they confiscate them?'

"The people who are saying the ban is good are all talking about the same aspect, which is young kids riding them, and I mean kids 17 and under."

Victoria Demerliotis questioned why e-bikes are being singled out, as she said almost anything can cause an accident.

"There are lots of dangerous things in the world that are not banned: alcohol, marijuana, skateboards, roller skates. What we need is for people to be responsible."

To create a safer travel environment, she suggests a licensing program and stricter rules for e-bike riders and places for them to ride – not an outright 'ban.'

"I find it very distasteful that they are trying to ban something that many people rely on for transportation or pleasure," she said. "There are plenty of people who own boats and drive them irresponsibly or cars; there is no reason that the bikes should be banned."

Helmets should be required, licensing, and a safety course, too, she said. Agreeing with Dickerson-Rand, Demerliotis said the minimum age restriction should be enforced.

"I'm more concerned about driving on the Southern State, where people are flying in and out and cutting people off all day long," she said. "Why is nobody doing anything about that?"

She said her ability to ride an e-bike safely shouldn't be taken away because of others' poor judgment and lack of education on safety.

"There just needs to be rules and regulations, and of course, respect for each other," she said. "What a wonderful place this world would be if we could all manage that."