Requires bicycle delivery contractors to provide personal injury liability insurance to compensate persons injured by a bicycle delivery worker and to provide notice to delivery workers that the contractor provides personal injury liability insurance; authorizes the superintendent of financial services to promulgate rules and regulations.
STATE OF NEW YORK
________________________________________________________________________
1823--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 14, 2025
___________
Introduced by M. of A. ROSENTHAL, SIMONE, GALLAGHER, SEPTIMO -- read
once and referred to the Committee on Insurance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the insurance law, in relation to bicycle delivery work-
er insurance personal injury liability insurance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The insurance law is amended by adding a new section 2354
2 to read as follows:
3 § 2354. Bicycle delivery worker insurance personal injury liability
4 insurance. (a) As used in this section:
5 (1) "bicycle delivery contractor" means a person, corporation, part-
6 nership, sole proprietorship, or other entity that is operating in New
7 York state using a digital network to connect BEA delivery recipients to
8 bicycle with electric assist delivery workers;
9 (2) "digital network" means any website, mobile application, or other
10 internet service offered or utilized by a bicycle delivery contractor
11 that enables deliveries by bicycle with electric assist delivery work-
12 ers;
13 (3) "bicycle with electric assist delivery workers" or "BEA delivery
14 workers" means an individual who:
15 (i) receives connections to potential BEA delivery recipients and
16 related services through a digital network; and
17 (ii) uses a bicycle with electric assist as defined in section one
18 hundred two-c of the vehicle and traffic law or an electric scooter as
19 defined in section one hundred fourteen-e of the vehicle and traffic law
20 to offer or provide a prearranged delivery to BEA delivery recipients
21 through a digital network in exchange for compensation or payment of a
22 fee;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00726-07-5
A. 1823--A 2
1 (4) "bicycle with electric assist delivery recipients" or "BEA deliv-
2 ery recipients" means a person or persons who use a digital network to
3 connect with a BEA delivery worker who provides delivery of food or
4 other items to points chosen by the BEA delivery recipient; and
5 (5) "bicycle delivery contractor prearranged trip" or "trip" means the
6 provision of delivery by a BEA delivery worker provided through the use
7 of a digital network:
8 (i) beginning when a BEA delivery worker accepts a BEA delivery recip-
9 ient's request for a delivery through a digital network;
10 (ii) continuing while the BEA delivery worker transports the requested
11 items on a bicycle with electric assist; and
12 (iii) ending when the last requested item is dropped off from the
13 bicycle with electric assist and marked as completed by a BEA delivery
14 worker on the digital network.
15 (b) (i) All bicycle delivery contractors must provide personal injury
16 liability insurance as defined in paragraph thirteen of subsection (a)
17 of section one thousand one hundred thirteen of this chapter to compen-
18 sate persons injured by a BEA delivery worker while such worker is
19 undergoing a trip, at no more than twenty thousand dollars per incident
20 involving a BEA delivery worker.
21 (ii) Insurance purchased through this policy will be primary over
22 other applicable insurance policies and shall not include no-fault
23 coverage.
24 (iii) The insurance policy must be written by an insurer licensed to
25 write insurance in this state or procured by a duly licensed excess line
26 broker pursuant to section two thousand one hundred eighteen of this
27 chapter.
28 (c) All bicycle delivery contractors must provide notice to BEA deliv-
29 ery workers that they provide personal injury liability insurance. A
30 bicycle delivery contractor must also post this notice on its website in
31 a prominent place and provide contact information for the department.
32 (d) The superintendent is authorized to promulgate such rules and
33 regulations to implement this section, including regulations to address
34 insurance coverage under this section when a BEA delivery worker uses
35 multiple digital networks simultaneously.
36 § 2. This act shall take effect on the one hundred eightieth day after
37 it shall have become a law.
