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S10063 Summary:

BILL NOS10063
 
SAME ASNo Same As
 
SPONSORSUTTON
 
COSPNSR
 
MLTSPNSR
 
Add §1244, amd §1242, V & T L; amd §10-157, NYC Ad Cd
 
Requires the registration of bicycles with electric assist used for commercial purposes; provides liability of employers for certain violations.
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S10063 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10063
 
                    IN SENATE
 
                                     April 27, 2026
                                       ___________
 
        Introduced  by  Sen.  SUTTON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law and the administrative  code
          of  the  city  of New York, in relation to registration and commercial
          operation of electric assist bicycles
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 1244 to read as follows:
     3    § 1244. Registration of bicycles with electric assist. 1. Every  bicy-
     4  cle with electric assist as defined in section one hundred two-c of this
     5  chapter  which  is  used for commercial purposes shall be registered and
     6  issued a number plate by the department. No person shall operate a bicy-
     7  cle with electric assist for commercial  purposes  unless  such  bicycle
     8  with  electric  assist shall have a distinctive number assigned to it by
     9  the commissioner and a number plate issued by the  commissioner  with  a
    10  number corresponding to that of the certificate of registration.
    11    2.  Such  number  plates  shall  be of such material, form, design and
    12  dimensions and contain or set forth such distinguishing number or  other
    13  identification  marks  as  the  commissioner  shall prescribe, provided,
    14  however, that there shall be at all times a marked contrast between  the
    15  color of the number plates and that of the numerals or letters thereon.
    16    3. Each such number plate shall be conspicuously displayed on the rear
    17  of  the bicycle, securely fastened so as to prevent the same from swing-
    18  ing.
    19    4. The fee for such number plates shall be determined by  the  commis-
    20  sioner.
    21    §  2.  Subdivision 5 of section 1242 of the vehicle and traffic law is
    22  amended by adding a new paragraph (c) to read as follows:
    23    (c) Where there is a violation of this subdivision by an operator of a
    24  bicycle with electric assist who is employed or retained as an independ-
    25  ent contractor to deliver goods in commerce, while in the course of such
    26  commercial use, the employer, or owner of the business whose  goods  are
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00757-01-5

        S. 10063                            2
 
     1  being  delivered, or a third-party delivery platform which arranged such
     2  delivery, shall be liable for any fine imposed for such violation.
     3    § 3. Subdivisions a and g of section 10-157 of the administrative code
     4  of the city of New York, subdivision a as amended by local law number 91
     5  of  the  city of New York for the year 2017 and subdivision g as amended
     6  by local law number 151 of the city of New York for the year  2023,  are
     7  amended to read as follows:
     8    a.  For  purposes  of this section and section 10-157.1, the following
     9  terms have the following meanings:
    10    Bicycle. The term "bicycle" has the same meaning as in section 19-176,
    11  and also means any wheeled device propelled exclusively by  human  power
    12  as  well  as  any  motor-assisted  device  [that is not capable of being
    13  registered by the New York state department of motor vehicles].
    14    Bicycle operator. The term  "bicycle  operator"  means  a  person  who
    15  delivers  packages,  parcels, papers, or articles of any type by bicycle
    16  on behalf of a business using a bicycle for commercial purposes and  who
    17  is paid by such business.
    18    Business  using  a bicycle for commercial purposes. The term "business
    19  using a bicycle for commercial purposes" means a person, firm,  partner-
    20  ship,  joint  venture,  association,  corporation, or other entity that,
    21  either on behalf  of  itself  or  others,  delivers  packages,  parcels,
    22  papers,  or  articles  of any type by bicycle. Nothing contained in this
    23  section shall be construed as applying  to  persons  under  the  age  of
    24  sixteen who use a bicycle only to deliver daily newspapers or circulars.
    25    g. A business using a bicycle for commercial purposes shall be respon-
    26  sible  for  the  compliance with the provisions of this section [of] and
    27  the provisions of subdivision five of section twelve  hundred  forty-two
    28  of  the  vehicle  and traffic law by its bicycle operators.
    29    (1)  Violation  of  any  of the provisions of this section by any such
    30  business, or of any of the rules or regulations that may be  promulgated
    31  pursuant hereto, or the provisions of subdivision five of section twelve
    32  hundred forty-two of  the  vehicle  and traffic law by its bicycle oper-
    33  ators  shall  be a violation triable by a judge of the criminal court of
    34  the city of New York and upon conviction thereof shall be punishable  by
    35  a  fine of not less than $100 nor more than $250 or imprisonment for not
    36  more than 15 days or both such fine and imprisonment.
    37    (2) Any such business that violates any  of  the  provisions  of  this
    38  section or any of the rules promulgated pursuant hereto, except subdivi-
    39  sion d of this section and any of the rules promulgated pursuant to such
    40  subdivision,  or  the  provisions  of subdivision five of section twelve
    41  hundred forty-two of the vehicle and traffic law by its  bicycle  opera-
    42  tors shall be subject to a civil penalty of $100. Any such business that
    43  violates a provision of this section or rule promulgated pursuant hereto
    44  more  than  30  days  after  such business has already violated the same
    45  provision or rule shall be subject to an  additional  civil  penalty  of
    46  $250.  Any  such business that violates subdivision d of this section or
    47  any of the rules promulgated pursuant hereto shall be subject to a civil
    48  penalty of $100, except that with respect to first  time  violations  of
    49  such  subdivision,  the commissioner of transportation shall notify such
    50  business of such violation and request that action be taken  to  correct
    51  such  violation  in  such  a manner within 30 days and shall afford such
    52  business an opportunity to  contest  the  commissioner's  finding  in  a
    53  manner set forth in the rules of the department of transportation. Civil
    54  penalties  issued  pursuant  to this paragraph may be in addition to any
    55  criminal penalty imposed, and shall be recoverable against such business

        S. 10063                            3
 
     1  in an action or proceeding in any court or tribunal of competent  juris-
     2  diction or the environmental control board.
     3    §  4.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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