N.Y. Lawmakers Propose Ban on Selling Illegal E-Motos

Written by: Chris Van Leuven | September 29, 2026 | Time to read: 6 min

State Senator Kristen Gonzalez and Assemblymember Diana Moreno introduced S.10700 in September 2026, a bill that would regulate the sale and marketing of e-motos and electric off-highway motorcycles throughout New York State. The proposal would prohibit physical and online retailers from selling e-motos to New York buyers, create a separate category for electric off-highway motorcycles, and require those vehicles to be sold through registered ATV dealers.

The focus here is on the seller. Someone can buy a vehicle advertised online as an e-Bike and later discover it doesn’t meet New York’s rules for one. The bill’s sponsors say some high-speed vehicles are being marketed as e-Bikes or e-scooters even though they aren’t legal to operate that way on New York streets and bike lanes. S.10700 would try to address that before the sale happens.

The bill was introduced in the Senate on September 14 and referred to the Rules Committee. As of September 25, it’s still proposed legislation, not New York law.

It’s tempting to say an e-moto is simply an e-Bike that throttles over 20 mph, but that’s not what the bill says. Under S.10700, an e-moto would be a motorized device capable of propelling itself above 20 mph without pedaling that doesn’t fall under certain exclusions in New York’s motor-vehicle law and isn’t eligible for DMV registration. New York already has legal categories for e-Bikes, scooters, mopeds, motorcycles, and other vehicles. The bill targets high-speed electric vehicles that fall outside those existing categories but are still being sold to consumers.

And we’re not necessarily talking about something that’s a few miles per hour faster than an e-Bike. Gonzalez’s office says some of these vehicles can exceed 50 mph. What matters is how New York law classifies the vehicle and where it can legally be ridden, not what a retailer calls it.

If this sounds familiar, there’s a reason. Earlier this year, New York City gave 42 online retailers until August 18 to stop selling prohibited e-motos, e-scooters, and other electric vehicles to city residents. When I wrote about the NYC crackdown in September, around 19 of those companies had stopped shipping the targeted vehicles to New York City, while other sellers were still offering prohibited vehicles.

S.10700 would take that approach statewide, covering physical stores and online retailers selling to New York customers. The proposal also follows several serious electric-vehicle crashes in New York City. Its sponsors specifically cited a fatal collision on the Queensboro Bridge involving a high-speed electric scooter and a bicycle. Rather than adding another riding restriction, the proposal starts with where the vehicle is sold.

The proposed sales ban is only part of the bill. The advertising rules could also matter to someone shopping online. S.10700 would prohibit e-motos and electric off-highway motorcycles from being advertised or listed as e-Bikes or e-scooters. Retailers would also have to provide warnings explaining when a covered vehicle isn’t legal to ride on New York streets.

A product title doesn’t necessarily tell you what you’re buying. Put “e-Bike” in the name, add pedals, and show someone riding it around town, and it’s easy to assume you’re looking at a legal electric bicycle. But speed, motor power, pedals, and vehicle classification all matter. S.10700 would put more responsibility on the seller to make that distinction clear before the sale.

S.10700 doesn’t target legal Class 1, Class 2, and Class 3 e-Bikes. If you’re trying to figure out where a particular bike falls, New York’s e-Bike classes, speed limits, age requirements, and riding rules depend on both the bike and where you’re riding.

New York City adds another layer. E-Bike rules in NYC include a 15 mph riding speed limit, along with city-specific rules about where e-Bikes can be ridden.

For someone shopping for an e-Bike in New York, I’d check the specifications rather than relying on the product name. And Upway already does some of that sorting for NYC riders: bikes that aren’t UL certified are marked as unavailable for purchase in New York City, while compliant e-Bikes can be purchased online or at Upway’s Brooklyn UpCenter.

That matters when conventional pedal-assist commuter e-Bikes, throttle-equipped e-Bikes, mopeds, electric motorcycles, and other high-speed electric vehicles can look surprisingly similar online. And outside New York, e-Bike laws vary widely by state, especially around speed, classes, age requirements, helmets, and where different e-Bikes are allowed.

For now, nothing changes for New York e-Bike riders, since S.10700 hasn’t become law. The bill is currently in the Senate Rules Committee and would have to move through the legislative process before its proposed sales and advertising restrictions could take effect. If it does advance, retailers would have to determine whether a vehicle falls under the proposed e-moto rules, provide the required warnings, and stop selling covered e-motos to New York buyers.

New York City has already taken action against retailers selling illegal high-speed electric vehicles. S.10700 would take a similar approach statewide.