Chair Abreu asks how officers distinguish Class 1, 2, 3 e-bikes

How do NYPD officers distinguish between Class 1, Class 2, and Class 3 e-bikes when issuing a violation or completing an incident report?

Which specific materials or information do officers rely on?

Right.

So in most situations, almost all situations, whether it's a Class 1, Class 2, or Class 3 is not actually relevant for enforcement purposes.

There are some very narrow exceptions to that, but in the vast majority of situations, the question is, is it a legal e-bike or an unlawful motorized scooter?

If it's legal, whether it's Class 1 or Class 2 or Class 3, in most situations, it's not going to matter for us.

Are assessments made on the ground by the officer issuing a violation ever verified or double-checked by NYPD?

So I'm not sure exactly what you mean by that.

Again, if an officer issues a violation, does a supervisor or someone else verify that or you just take it for what it is and you move on?

Well, again, in many situations, right, if you're talking about sort of a random patrol officer on the street, they are...

Rarely going to be making determinations in the field of class one, class two, class three, or about maximum speed.

When we're doing inspections or we're doing an in-depth CIS investigation, that's very different.

And there you have individuals who have tremendous expertise and experience with this, and it's going to be a much more in-depth process.

But again, I want to emphasize that these determinations, class one, class two, class three, in the vast majority of situations do not bear on our enforcement.

Have officers ever made an incorrect assessment about whether a device is legal or illegal that has resulted in a violation being erroneously issued or thrown out?

For instance, has a Class 3 device that is currently legal to operate, has that been erroneously confiscated by NYPD in the past?

Has that ever happened?

I'm sure that has happened.

Okay, and then if you had a dynamometer, would a delivery worker have been able to keep their device?

To be blunt, if you're assuming that every patrol officer has a dynamometer, that's, I mean, I just, just to be, no, to be blunt, I, again, I, I,

Is it fair to say that a worker would have a Class 3 device in their hands today if that officer who erroneously confiscated a device would have that bike in their hands today?

If an officer made a mistake regarding the legality of the device, and if that officer had a dynamometer, that could have potentially, yes, there are scenarios where that would have prevented that from happening.