Attorney General James To Act On Illegal E-Motos After Latest Fatal Crash
State Attorney General Letitia James is slated to issue a crucial warning against illegal motorbikes after yet another rider was killed in a crash and a slate of local politicians and activists demanded she issue the overdue alert to consumers about the illicit vehicles that resemble legal e-bikes.
James’s office said the forthcoming alert will seek to stop the proliferation of illegal e-motos and e-scooters, her staff confirmed on Wednesday evening — hours after the death of teenager Gabriel Nacato and after politicians and advocates rallied near the crash site to point out that a similar consumer warning by her California counterpart led to success in the Golden State’s fight against illegal two-wheelers.
After the warning in California, “a lot of these companies and Amazon.com stopped selling into the state of California. That’s the type of leadership that New Yorkers are hungry for,” said Transportation Alternatives Executive Director Ben Furnas at the rally.
The rally, and James’s new commitment, came after the 17-year-old Nacato, who was riding an over 100-pound e-moto by the brand Deepower, was killed in the crash on Centre Street in Lower Manhattan. Officials said they hope the young New Yorker did not die in vain.
“Today, unfortunately, the issues that we’re having with transportation resulted in death, and it quite literally came to many of our doorsteps as we work here, have our offices here,” said Public Advocate Jumaane Williams, who works out of the Municipal Building at the crash site. “What compounds the hurt is the fact that it was preventable.”
The vehicle the teen was riding had a 1,500-watt motor, double the legal power, and was advertised as reaching 30 miles per hour with a throttle. Even worse, the seller’s website gives consumers detailed instructions on how to “effortlessly” override the bike’s speed limiter and unlock speeds of up to 50 miles per hour.
“That’s obviously totally unacceptable from the company. And I think lawmakers should look at all possible recourse to make sure that that type of behavior by the company has serious consequences,” said Furnas.
Four months ago, Nacato’s uncle bought him the device as a gift and ordered it online, family members told Streetsblog on Wednesday at their home in Spanish with the help of a younger cousin to translate. The teen would use it to commute from his Bensonhurst home, to his job and to school in Manhattan. He was on his way to work when he was killed, the family said.
Police are still investigating the crash and have not yet released information clarifying whether Nacato was hit by a driver, or if the teen hit the back of the car. The driver of the car stayed on the scene. The record on the car includes three speed-camera tickets since 2024.
Nacato’s death is the third in a string of reported tragedies involving these illegal devices being sold online with impunity. In October of last year Terri Valenti stepped off an MTA bus only to be mowed down by two men sharing an illegal Movcan V30 — which is marketed on the company website as an “e-bike” but has a maximum speed of 32 miles per hour and has a 2000W motor, more than twice the legal 750W. And in late May of this year, Francis Delvalle tried to pass someone going up the Queensboro Bridge on his illegal e-scooter with a top speed of 50 miles per hour, instead he hit cyclist Dmytro Stechenko head on. Both men died.
After Valenti’s death, Streetsblog revealed the prevalence of illegal e-motos, and the wild-west online marketplace making easy to order one straight to your door within city limits, despite the devices being illegal. Many of the bikes are falsely advertised as “e-bikes” but come with supercharged off-road modes.
Still, almost a year later no major political or enforcement action has been taken. All of these devices can still be purchased online in New York City. The public advocate said on Wednesday he hopes now there is enough common ground to get something done.
“This is something this is something that everybody is talking about in New York City,” Williams said. “There’s not always agreement on what to do, but there’s a lot of alignment, particularly in those heavier and those faster [e-motos], particularly those going over 25 mph. … Many of us agree they shouldn’t be on the street, yet they are. So we have to find ways to make the laws that exist a little bit more enforceable and create laws that don’t exist.”
In an earlier press conference that was unrelated to Wednesday’s fatality, Mayor Mamdani also emphasized the need for reining in the sales of these illegal devices, but he also pointed out that the North Star of any good street safety regime is … safe streets.
“You should be just as safe whether you are driving a car, walking, biking, getting on a bus or getting on the train,” the mayor said. “Our focus has, by and large, been on the question of infrastructure to make sure that safety is delivered because we know that oftentimes the absence or the presence of infrastructure is the determinative factor.”
— with Sammy Sussman
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