Requires third-party food delivery services to verify that limited-use motorcycles operated by workers in the course of making deliveries for such third-party delivery service are legally registered.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5858
SPONSOR: Bores TITLE OF BILL:
An act to amend the general business law, in relation to requiring
third-party food delivery services to verify that any limited-use motor-
cycle operated by workers in the course of such delivery service is
legally registered
PURPOSE OR GENERAL IDEA OF BILL:
Requires third-party food delivery services to ensure limited-use motor-
cycles operated by employees in the course of their employment are
legally registered
SUMMARY OF PROVISIONS:
Section one: Provides a short title of the bill
Section two: Amends the general business law to require third-party food
delivery services to ensure limited-use motorcycles operated by employ-
ees in the course of their employment are legally registered
Section three: Establishes the effective date
JUSTIFICATION:
This bill addresses the growing use of limited-use motorcycles by
employees or contractors working for third-party food delivery services.
As more delivery workers rely on mopeds to perform their duties, ensur-
ing that these vehicles are properly registered is essential for public
safety and legal compliance. By mandating that delivery services verify
the registration of these motorcycles, this bill aims to ensure that
only legally operated vehicles are used for deliveries. This reduces the
risk of unregistered or improperly maintained motorcycles being on the
road. As well, it ensures that third-party services are adhering to
vehicle and traffic regulations, promoting a safer environment for both
delivery workers and the general public.
Additionally, the bill requires that food delivery services retain
records of verification for a minimum of one year after the termination
of an employee or contractor's engagement. This provision helps maintain
transparency and accountability, making it easier to ensure compliance
with registration laws. In the event of an incident involving a limit-
ed-use motorcycle, having verifiable records will assist authorities in
determining whether the vehicle was properly registered at the time of
the delivery. This requirement not only enhances regulatory oversight
but also supports the safety of both the delivery workforce and the
communities they serve.
The legislature has already acknowledged the need to address the alarm-
ing number of unregistered mopeds on New York City streets. In 2024, we
unanimously passed a measure ensuring that new mopeds sold in our state
were registered at the point of sale. While the bill substantially
addressed any new moped sold, it did not retroactively apply to sales
that had been completed in the last few years. This new bill follows up
on that unanimously approved measure, ensuring that existing mopeds, not
just new ones, are registered with the state like any other vehicle.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:&
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5858
2025-2026 Regular Sessions
IN ASSEMBLY
February 24, 2025
___________
Introduced by M. of A. BORES -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requiring
third-party food delivery services to verify that any limited-use
motorcycle operated by workers in the course of such delivery service
is legally registered
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "moped
2 registration verification act".
3 § 2. Subdivision 1 of section 391-v of the general business law is
4 amended by adding a new paragraph (e) to read as follows:
5 (e) "Worker" means a natural person who is hired or retained as an
6 independent contractor by a delivery business to make deliveries in
7 exchange for compensation, when such deliveries involve the operation by
8 such person of a limited-use motorcycle or bicycle with or without elec-
9 tric assist.
10 § 3. Section 391-v of the general business law is amended by adding a
11 new subdivision 3 to read as follows:
12 3. (a) A third-party food delivery service shall verify that any work-
13 er who elects to operate a limited-use motorcycle, as defined by section
14 one hundred twenty-one-b of the vehicle and traffic law, in the course
15 of making deliveries for such third-party food delivery service has
16 registered such limited-use motorcycle pursuant to section twenty-two
17 hundred sixty-one of the vehicle and traffic law.
18 (b) A third-party food delivery service shall record each such verifi-
19 cation required by paragraph (a) of this subdivision and retain such
20 record for at least one year following the termination of such worker's
21 employment by or engagement with such third-party food delivery service.
22 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09233-02-5
