Safety Standards for Powered Bicycles, PMDs and Batteries

Online comments: 23

• baruch herzfeld

  The term ‘accredited’ in the law, as currently written, is too vague. It doesn’t say what the criteria for being accredited is, or even where the lab has to be accredited. Conceivably, a bad actor could claim they are certified according to UL standards by a lab accredited in North Korea, with no way of verification of this accreditation.
  That being said, accreditation should not be used to keep new companies out of the market, by allowing a few select labs to charge prohibitive fees, or alternatively, add months or years to a product release cycle, because testing labs are backed up.
  Ideally, the DWCP should maintain an updated list of accredited labs, so potential vendors that want to service the NY market are not confused. Furthermore , the UL standards checklist should be published on the DWCP website. Vendors that want to service the NY market should not have to purchase standards for battery safety from an outside vendor.

  Comment added September 18, 2023 8:08pm

• Gabriel Centeno

  These scooters and e-bikes need to be more strictly regulated, they are ruining the NYC pedestrian and normal bike rider daily life.

  Comment added September 19, 2023 9:23am

• Virginie Niedermayer

  I agree that battery safety standards are a good idea, especially given the recent fires in apartment building caused by them.
  As a pedestrian, however, I am more interested in tightening road rules and ticketing for bicycles (whether electric or not) and scooters. They drive through red lights, on sidewalks and against the traffic, endangering the lives of countless people.

  Comment added September 21, 2023 1:32pm

• Batur Oktay

  Attached are the comments of Rad Power Bikes, Inc.

  Comment attachment
  2023-09-21-Rad-Power-Bikes-Public-Comments-to-NY-DCWP-Proposed-Safety-Standards.docx

  Comment added September 21, 2023 4:38pm

• Ron Wisniski

  These rules solve nothing. All battery powered bikes and scooters etc. should be BANNED from NYC streets. The danger is real and absolutely nothing is being done about the chaos on our streets. The only bikes allowed should be of the pedal variety. The Mayor and NYPD MUST ENFORCE TRAFFIC LAWS and write tickets with fines for riding on sidewalks, going the wrong way in bike lanes etc. Every day our streets become more chaotic and dangerous.

  Comment added September 22, 2023 7:29am

• Humayun Zia

  These electric bikes and scooters should be banned and nypd has to step down by writing this tickets with fines whoever is riding against the pediatrician and traffic. They are very dangerous for the people who are moving in NYC traffic

  Comment added September 22, 2023 1:10pm

• Mireille

  Very informative

  Comment added October 6, 2023 8:09am

• Carrie Michaels

  As a core member of the NYC-EVSA, I firmly stand with legislation pending requiring a valid driver’s license, registration, plates and insurance from ALL EVEHICLES. The landscape of NYC has drastically changed and, in my experience, for the worst – with the advent and subsequent onslaught of deliver riders and recreational CITIBIKE users – who are some of the worst violators of traffic laws. Arrogant, irreverent and careless, selfish at the cost of lives, both groups need to be to fined and ticketed and to have their vehicles confiscated if they cannot abide by traffic laws designed for safety for all.

  The NYPD, while laws are in place to penalize riding on sidewalks and motorcycle mopeds dangerously zooming through the bike lanes, do not enforce these laws. Daily injuries and worse are recorded in our group. Open Plans is an abuse of NYers city streets, a capture by the Uber and Lyft app system to make enormous money. I agree with another in this thread that now these open areas are unsanitary and trash-filled hangouts.please clean up the city streets!

  Signing Bob Holdens bill, 0758-2022, is a great start towards our personal NYC-well-being

  Comment added October 7, 2023 12:16am

• Mergen Saryyev

  Hi there.
  we are Bikerent.NYC
  we had a fleet of 80 ebikes
  because of this legislation damaged our business. even Giant Bikes has EN15194 certificate and got a ticket.
  we start selling our bike for 3rd the sale price.
  we got financially and unfairly damaged by this law.
  Please as a business owner ask to consider allowing other accredited lab testing.
  thank you for your consideration.
  Sincerely
  Mergen

  Comment added October 10, 2023 1:13pm

• Leo Yermakov

  I spent 14 years at UL in different engineering/technical capacities and now 8 years at SRAM as Regulatory Compliance Director. I have seen both sides of the regulatory work and required efforts.

  SRAM supports most stringent certification of batteries and battery chargers.
  Batteries should be certified to UL2271, which is very similar to its EU counterpart, EN50604.
  Battery chargers should be certified to UL60335-1 and UL60335-2-29, which are equivalent of what is required in EU. Or, UL62368-1, which is used to test/certify power supplies for laptops and other ITE equipment.
  The testing for both should be performed by NRTL with a test house mark on the product and follow-up procedure to ensure good manufacturing quality.

  When it comes to eBikes, we should take similar approach to what is done under EN and ISO standards – test to the required standards through competent and ISO17025 accredited test lab, require a declaration and test reports (technical reference file), but do not require NRTL mark on the eBike. Requiring NRTL certification does not make the system safer or addresses the battery fire issues we see in NY city. It will though make the time to market more complicated and the eBikes more expensive. Bad actors will still be able to avoid any certifications under the de minimis rules, while responsible manufacturers, who already go above and beyond will be placed in further competitive disadvantage without making a system any safer.

  Comment added October 10, 2023 5:04pm

• Brian Anthony Tedesco

  As President of Blaupunkt Americas a manufacture of consumer electronics products for over 60 years and father of 3-daughters that ride powered emobility devices daily this proposal to allow “any testing laboratory that is an International Organization for Standardization and International Electrotechnical Commission (“ISO/IEC”) 17025 Accredited Independent Testing Laboratory, an ISO/IEC 17065 Accredited Certifying Body” is deeply concerning and flawed. Here’s why:
  1 Primary Regulatory Jurisdiction: The primary concern for consumer protection in New York City should be under the jurisdiction of nationally recognized U.S. regulatory bodies. Relying on standards set by OSHA, a nationally recognized body, ensures that the devices adhere to regulations that are tailored to the specific needs of American consumers, rather than broad international standards.
  2 Tailored Safety Protocols: Nationally Recognized Testing Laboratories (NRTLs) have a comprehensive understanding of local safety protocols, standards, and potential risks specific to the U.S. and, by extension, NYC’s unique environment. International standards, while rigorous, might not account for the specific urban dynamics and challenges of New York City.
  3 Consumer Safety Risks: The high-density urban environment of NYC presents unique challenges for powered mobility devices, especially electric bicycles. Given the city’s fast-paced traffic, frequent stops, variable weather conditions, and rough roads, electric bicycles and their lithium-ion battery packs must undergo rigorous testing. If brands opt for potentially cheaper testing facilities as described in sections (i) and (ii), this might result in lax safety protocols, thereby endangering NYC residents.
  4 Dangers of Lithium-ion Batteries: E-bikes utilizing lithium-ion battery packs have the potential to be particularly hazardous if not adequately tested. These batteries can pose risks of overheating, fire, or even explosions if not manufactured or maintained to the highest standards. Given these risks, a testing body recognized at the national level is essential to ensure that every aspect of these battery packs is tested to rigorous standards.
  5 Cost-Cutting at the Expense of Safety: If brands of e-bikes are allowed to co-opt cheaper testing facilities, they might cut corners in terms of safety to reduce expenses. This cost-saving move could jeopardize the safety of NYC consumers, subjecting them to products that have not been tested under stringent national safety regulations.
  6 Accountability and Oversight: U.S. nationally recognized testing labs are directly accountable to U.S. regulatory bodies. In case of any discrepancies or issues, the direct line of accountability ensures that corrective actions can be taken swiftly. With international organizations, the chain of accountability is lengthened, possibly leading to delays or reduced effectiveness in addressing safety concerns.

  7 Consumer Trust: Relying solely on nationally recognized testing laboratories fosters higher trust among consumers. Knowing that their powered mobility devices have been scrutinized by a laboratory directly overseen by a U.S. regulatory body gives consumers peace of mind.
  In light of these arguments, while the intention behind the DCWP’s proposal to include multiple testing avenues might be to increase accessibility and variety, it’s crucial to prioritize the safety of NYC residents. By focusing on nationally recognized testing standards, New York City can ensure that all powered mobility devices, especially those with potentially hazardous components like lithium-ion batteries, meet the highest safety standards before reaching consumers. Lets move forward with e-powered devices safety.. not backwards.

  Comment attachment
  Ltr-Blaupunkt-to-DCWP.pdf

  Comment added October 12, 2023 2:41pm

• Larry Pizzi

  Please find Alta Cycling Group’s public comments in the attachment.

  Comment attachment
  Alta-Public-Comment_2023_RG_063.pdf

  Comment added October 13, 2023 11:28am

• Upway USA

  Please find attached the comments of Upway USA Inc.

  Comment attachment
  UPWAY-USA-INC-Public-Comments-on-New-York-City-Department-of-Consumer-proposal.pdf

  Comment added October 13, 2023 1:45pm

• Michael Baker

  Comments attached from ACT Lab. Thank you.

  Comment attachment
  ACT-Public-Comment-on-NYC-DCWP.pdf

  Comment added October 13, 2023 2:04pm

• Meghan Housewright

  Please see attached comments.

  Comment attachment
  2023.10.12-Accredited-Lab-Definition-UL-Solutions-Comments.pdf

  Comment added October 15, 2023 12:37pm

• Jeff Jambois

  Please see Trek Bicycle’s Comment on this matter (attached). I am a Compliance Engineer at Trek Bicycle, and am responsible for testing, certification, safety, and compliance of all our ebikes and their components. Please do not hesitate to reach out if you have any questions or concerns.

  Comment attachment
  Trek-Comments-on-NYC-Proposal-Oct-16-2023-.docx

  Comment added October 15, 2023 2:10pm

• Matt Moore

  Please see attached Comment from PeopleForBikes

  Comment attachment
  DCWP-Comment-10-15-23-PeopleForBikes.pdf

  Comment added October 15, 2023 5:00pm

• Mike Fritz

  See attached…

  Comment attachment
  NYC-Local-Law-2023-39.pdf

  Comment added October 15, 2023 6:34pm

• Allen Needle

  Please see attached comment from Giant Bicycle.

  Comment attachment
  Giant-Public-Comment-DCWP.pdf

  Comment added October 15, 2023 9:53pm

• Matias Alvarez

  Oct 16th, 2023

  From: Matias Alvarez – Chief Operations Officer Blaupunkt Americas

  RE: Argument Against Accepting International Laboratories for Powered Mobility Devices in NYC:

  As COO of Blaupunkt Americas, I echo the sentiment of my colleague, Brian Tedesco on the proposal of allowing “any testing laboratory that is an International Organization for Standardization and International Electrotechnical Commission (“ISO/IEC”) 17025 Accredited Independent Testing Laboratory, an ISO/IEC 17065 Accredited Certifying Body” is deeply concerning and flawed. Here’s why:

  Having spent more than a decade in the cycling industry in different roles, including directing smaller European ebike brands while entering the US market, it is crucial to maintain safety and quality standards for emobility devices by requiring the use of Nationally Recognized Testing Laboratories before product is distributed within the US. Having worked closely with manufacturers over the last few years, it has become an issue of concern when new brands enter the market with product which has not been evaluated by NRTL’s. Many of the smaller brands which have entered the market and exited within 18 months failed due to untested electronic components, primarily batteries and wiring harnesses, although they were evaluated by their local international laboratories. These failures generated battery warranties, concerns for overcharging when depleted due to subpar engineering/design and use of alternate vendor components which did not meet UL standards. Lithium batteries are extremely sensitive to assembly and design, which can cause failures in various conditions.

  A clear indicator of this concern is the volume of batteries which have been recycled by Call2Recycling since November 2021; as of September 2023, 43,000 pounds of lithium batteries have been recycled – many by manufacturers addressing failed batteries. A quick look at EU based ebike brands who entered the US market in 2021 and left by 2023 would reveal some of these brands.

  Local government and regulatory agencies must be focused on preserving the safety of this country’s residents and becoming the global leader in consumer confidence and safety, driving increased responsibility from the manufacturers to provide the safest product to our customers and their loved ones by requiring the use of NRTL’s prior to product distribution in their communities.

  Sincerely

  Matias Alvarez

  Chief Operating Officer
  Blaupunkt Americas

  Comment attachment
  Ltr-Blaupunkt-to-DCWP-MA.pdf

  Comment added October 16, 2023 10:46am

• Roger Yueh - Brompton Bicycles

  Brompton Bicycles takes the safety of our customers and the wider public extremely seriously, and support efforts to ensure that only safe bicycles and be sold in NYC. In our opinion the best way to do this, whilst maintaining a wide choice of e-bikes for consumers in NYC, is to ensure that as wide a group of test labs can certify bicycles to relevant safety standards as possible. We believe that EN 15194 is amongst these standards as evidenced by the safety record of products compliant with it and support the proposal from People For Bikes to this end.

  The laboratories proposed in the draft ordinance are independent, certified, and competent. Limiting to NRTL’s only would limit testing capacity, leading to a limited choice of safe product for the New York consumers. Inevitably, if there are not plentiful safe options available, then consumers will find ways to circumvent the new E-bike rules, leading to more unsafe products in the City of NYC.”

  Comment added October 16, 2023 10:49am

• American Honda

  See attached comments from American Honda.

  Comment attachment
  American-Honda-Comments-on-DCWP-Rule-Making-LL39-of-2023.pdf

  Comment added October 16, 2023 1:42pm

• George Kerchner

  Comments from PRBA – The Rechargeable Battery Association are attached.

  Comment attachment
  PRBA-Comments-on-Local-Law-39-of-2023-NY-City-October-2023.pdf

  Comment added October 16, 2023 2:41pm