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S00106 Summary:

BILL NOS00106
 
SAME ASSAME AS A04971
 
SPONSORCOMRIE
 
COSPNSRJACKSON, PALUMBO
 
MLTSPNSR
 
Add §1244, V & T L
 
Establishes safety requirements for operators who use bicycles with electric assist for commercial purposes and the businesses that employ such operators.
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S00106 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           106
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sen.  COMRIE -- 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, in relation to establishing
          safety requirements for commercial bicycle operators and businesses

          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. Bicycles with electric assist used for commercial purposes. 1.
     4  For purposes of this section, the following terms shall have the follow-
     5  ing meanings:
     6    (a) "commercial bicycle operator" shall mean an individual who is paid
     7  to operate a bicycle with electric assist on behalf a business; and
     8    (b) "business" shall mean a person, firm, partnership, joint  venture,
     9  association,  corporation,  or  other  entity  that employs a commercial
    10  bicycle operator.
    11    2. A commercial bicycle operator shall:
    12    (a) comply with  all  provisions  of  law  pursuant  to  this  article
    13  pertaining  to the operation of a bicycle including a bicycle with elec-
    14  tric assist;
    15    (b) use a white headlight and red taillight at night;
    16    (c) wear retroreflective upper body apparel with the  business's  name
    17  and such commercial bicycle operator's three-digit identification number
    18  on the back in lettering at least one inch high;
    19    (d) wear suitable headgear; and
    20    (e)  carry  a business identification card at all times when riding on
    21  behalf of the business, which includes the following information:
    22    (i) the business's name, address and phone number; and
    23    (ii) the commercial bicycle operator's  name,  photo  and  three-digit
    24  identification number.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00710-01-5

        S. 106                              2
 
     1    3. Any business that employs a commercial bicycle operator shall:
     2    (a)  assign  to each of its commercial bicycle operators a three-digit
     3  identification number and issue to each of its commercial bicycle opera-
     4  tors an identification  card  that  contains  the  name,  identification
     5  number  and  photo  of  the  commercial  bicycle  operator and the name,
     6  address and telephone number of such business;
     7    (b) provide each commercial bicycle operator with  suitable  headgear.
     8  Such  headgear must meet the standards set forth by the consumer product
     9  safety commission in part  one  thousand  two  hundred  three  of  title
    10  sixteen  of  the code of federal regulations and must be replaced at the
    11  expense of the business if such headgear is missing any of its component
    12  parts or is otherwise damaged so as to impair its functionality;
    13    (c) maintain  a  roster  of  commercial  bicycle  operators  that  are
    14  employed by such business which includes the following information:
    15    (i)  the name, residence address, date of employment and, where appli-
    16  cable, the date of discharge from employment of each commercial  bicycle
    17  operator;
    18    (ii) each commercial bicycle operator's unique three-digit identifica-
    19  tion number;
    20    (d) equip each commercial bicycle with electric assist with:
    21    (i) a bell or other audible device;
    22    (ii) a white headlight and a red taillight;
    23    (iii) reflex reflectors;
    24    (iv) brakes; and
    25    (v) a metal or plastic sign in good condition at least three inches by
    26  five inches with the business's name and a unique bicycle identification
    27  number  for  each  bicycle in lettering at least one inch high. The sign
    28  must be affixed to the rear or both sides of the bicycle; and
    29    (e) provide safety training. Such business shall provide a  commercial
    30  bicycle operator with a certificate of completion upon the completion of
    31  such training. The curriculum of such training shall include, but not be
    32  limited to:
    33    (i) the laws governing the operation of bicycles;
    34    (ii)  appropriate traffic behavior and the laws governing such traffic
    35  behavior;
    36    (iii) identification and avoidance of hazards;
    37    (iv) pedestrian and motor vehicle safety;
    38    (v) bicycle safety inspection and maintenance; and
    39    (vi) injury prevention.
    40    4. A commercial bicycle operator who violates any  provision  of  this
    41  section shall be issued a notice of violation. The business that employs
    42  such  operator shall receive a fine of two hundred fifty dollars for the
    43  first offense. For each subsequent offense such fine shall be  increased
    44  by  fifty  dollars.    After  the third offense, such fine shall be five
    45  hundred dollars for each subsequent offense.
    46    § 2. This act shall take effect on the ninetieth day  after  it  shall
    47  have become a law. Effective immediately, the addition, amendment and/or
    48  repeal  of  any  rule  or regulation necessary for the implementation of
    49  this act on its effective date are authorized to be made  and  completed
    50  on or before such effective date.
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