City Struggles to Control Illegal Online Sales of E-Scooters and E-Motos After Fatal Crashes

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City Struggles to Control Illegal Online Sales of E-Scooters and E-Motos After Fatal Crashes

City law enforcement officials have made significant progress in curbing the sale of illegal electric scooters and bike-style e-motos from physical retail locations. However, the online marketplace remains largely unregulated, resembling a Wild West scenario where consumers can easily purchase dangerous devices. This issue has gained urgency following a tragic incident on the Queensboro Bridge last month, where two individuals lost their lives due to collisions involving illegal electric scooters.

In January, following the inauguration of Mayor Mamdani, the New York Police Department (NYPD) and the Department of Transportation identified 74 stores selling illegal electric two-wheeled vehicles. By April, these agencies had conducted outreach efforts that resulted in only six criminal summonses for retail violations, indicating a high level of compliance among brick-and-mortar retailers.

Despite these efforts, illegal devices continue to proliferate online, where no city agency currently monitors sales. The NYPD has stated that it is working to “address online sales of non-compliant devices” in coordination with other city agencies and the Mayor’s Office, yet it has not provided a clear definition of what “addressing” entails. City Hall has declined to comment on the matter.

The Positive Developments

Recent visits to two electric scooter retailers in the city, INOKIM and NYC PEV, suggest that outreach efforts to brick-and-mortar stores are yielding results. Both retailers reported that they do not sell scooters capable of exceeding 20 miles per hour. A manager at NYC PEV noted that while the shop previously sold illegal scooters, it now focuses solely on repairs for customers who had purchased these illicit vehicles.

The Department of Consumer and Worker Protection (DCWP) is responsible for inspecting “micromobility device stores” and has maintained its enforcement activities. So far this year, the DCWP has conducted 107 inspections and issued 29 violations. These inspections typically focus on compliance with battery safety standards and charging practices, leaving ambiguity regarding whether the violations were related to illegal device sales.

NYC PEV had previously sold faster scooters but faced a warning from the DCWP about potential fines for non-compliance. Following this, the NYPD also visited the shop to distribute informational pamphlets outlining legal sales practices.

The Challenges Ahead

Despite these positive developments, significant gaps remain in the city’s enforcement strategy. A spokesperson for the DCWP indicated that the NYPD is no longer participating in joint inspections and has not requested referrals for non-compliant shops. This lack of coordination raises concerns about the effectiveness of current measures.

The online sales of illegal scooters continue to thrive. NYC PEV’s manager, Raphael Brandt, expressed frustration over the inability to control online purchases, noting that even platforms like Amazon allow the sale of these devices without repercussions. The NYC PEV website claims to be the “official distributor” of Dualtron Electric Scooters, which can reach speeds of up to 68 miles per hour. However, the scooters sold in New York are equipped with speed limiters to comply with local regulations.

Brandt stated, “Our electric scooters are limited to 15 mph by a speed limiting wire to comply with DOT regulations and insurance requirements.” He also cautioned against tampering with these limiters, as it may be unlawful.

Learning from Other States

To effectively tackle the issue of illegal online sales, New York may need to look to other states for guidance. In California, Attorney General Rob Bonta issued a consumer alert warning online retailers against selling non-street-legal electric two-wheelers. This alert clarified that any retailer selling electric bikes exceeding state limits is operating illegally. The memo also cautioned consumers about purchasing aftermarket modification kits that could render otherwise legal e-bikes and scooters non-compliant.

Bonta emphasized the importance of compliance, stating, “Sometimes, what looks like an e-bike or is marketed as an e-bike is not a bike at all.” He urged manufacturers, retailers, and parents to review the consumer alert to ensure adherence to California law.

In May, Amazon took action by removing listings for illegal e-bikes in California, demonstrating a proactive approach to compliance. In contrast, New Jersey has enacted the most restrictive e-bike law in the country, requiring licenses and registrations for most legal e-bikes, yet failing to address the already illegal devices.

Legislative Efforts in New York

In New York, some legislators are proposing similar legislation at both the state and city levels. However, these proposals focus on adding restrictions to legal e-bikes rather than addressing the proliferation of illegal e-scooters and e-motos that pose safety risks.

Currently, New York City residents can order various e-motos and e-scooters online that exceed the city’s 15-mile-per-hour speed limit. For instance, a model by Sutyztsis offers multiple options with motors ranging from 1,000 to 1,500 watts, all of which are illegal in the city due to the 750-watt motor limit for e-bikes.

The availability of illegal vehicles on numerous online platforms underscores the urgent need for regulatory action. A recent fatal crash on the Queensboro Bridge further highlights this necessity. On May 28, cyclist Dmytro Stechenko was killed when he was struck by a rider on an illegal Teverun Blade GT II electric scooter, which has a top speed of 53 miles per hour. The scooter rider, Frances Delvalle, also died in the incident. Despite the tragedy, the scooter remains available for purchase online.

At INOKIM, safety notices are prominently displayed, informing customers of the 15-mile-per-hour speed limit for e-bikes and e-scooters that was implemented at the end of the previous year. The owner, Max Beck, emphasized that safety is the company’s top priority, and they do not sell scooters capable of exceeding 20 miles per hour in New York. While some models are advertised with higher speeds, only those equipped with speed limiters are shipped to the city.

Beck expressed his sorrow over the recent crash, stating, “I’m very against those big scooters with fast motors and fast speeds. I see what’s going on. I saw what happened with the accident, with a bicycle, and my heart is breaking.”

Calls for Action

Stechenko’s best friend, Alex Pawlowski, who witnessed the tragic event, is advocating for more stringent measures to control illegal devices. He suggests that the city should implement speed testing for scooters and e-bikes on the streets to identify non-compliant vehicles and confiscate them.

Pawlowski stated, “We have to start enforcing the regulations. Something like in the EU where they take the scooters and they test the top speed. Something like that needs to happen.” He noted that New York’s busy environment complicates compliance but emphasized the necessity of making it difficult for bad behaviors to persist.

For further insights into this ongoing issue, refer to the original reporting source. Source: nyc.streetsblog.org.

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