•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S00226 Summary:

BILL NOS00226
 
SAME ASNo Same As
 
SPONSORHOYLMAN-SIGAL
 
COSPNSRKAVANAGH, KRUEGER
 
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.
Go to top

S00226 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           226
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by Sen. HOYLMAN-SIGAL -- 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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00757-01-5

        S. 226                              2
 
     1    (c) Where there is a violation of this subdivision by an operator of a
     2  bicycle with electric assist who is employed or retained as an independ-
     3  ent contractor to deliver goods in commerce, while in the course of such
     4  commercial use, the employer, or owner of the business whose  goods  are
     5  being  delivered, or a third-party delivery platform which arranged such
     6  delivery, shall be liable for any fine imposed for such violation.
     7    § 3. Subdivisions a and g of section 10-157 of the administrative code
     8  of the city of New York, subdivision a as amended by local law number 91
     9  of the city of New York for the year 2017 and subdivision g  as  amended
    10  by  local  law number 151 of the city of New York for the year 2023, are
    11  amended to read as follows:
    12    a. For purposes of this section and section  10-157.1,  the  following
    13  terms have the following meanings:
    14    Bicycle. The term "bicycle" has the same meaning as in section 19-176,
    15  and  also  means any wheeled device propelled exclusively by human power
    16  as well as any motor-assisted device  [that  is  not  capable  of  being
    17  registered by the New York state department of motor vehicles].
    18    Bicycle  operator.  The  term  "bicycle  operator"  means a person who
    19  delivers packages, parcels, papers, or articles of any type  by  bicycle
    20  on  behalf of a business using a bicycle for commercial purposes and who
    21  is paid by such business.
    22    Business using a bicycle for commercial purposes. The  term  "business
    23  using  a bicycle for commercial purposes" means a person, firm, partner-
    24  ship, joint venture, association, corporation,  or  other  entity  that,
    25  either  on  behalf  of  itself  or  others,  delivers packages, parcels,
    26  papers, or articles of any type by bicycle. Nothing  contained  in  this
    27  section  shall  be  construed  as  applying  to persons under the age of
    28  sixteen who use a bicycle only to deliver daily newspapers or circulars.
    29    g. A business using a bicycle for commercial purposes shall be respon-
    30  sible for the compliance with the provisions of this  section  [of]  and
    31  the  provisions of subdivision five of section twelve  hundred forty-two
    32  of  the  vehicle  and traffic law by its bicycle operators.
    33    (1) Violation of any of the provisions of this  section  by  any  such
    34  business,  or of any of the rules or regulations that may be promulgated
    35  pursuant hereto, or the provisions of subdivision five of section twelve
    36  hundred forty-two of  the  vehicle  and traffic law by its bicycle oper-
    37  ators shall be a violation triable by a judge of the criminal  court  of
    38  the  city of New York and upon conviction thereof shall be punishable by
    39  a fine of not less than $100 nor more than $250 or imprisonment for  not
    40  more than 15 days or both such fine and imprisonment.
    41    (2)  Any  such  business  that  violates any of the provisions of this
    42  section or any of the rules promulgated pursuant hereto, except subdivi-
    43  sion d of this section and any of the rules promulgated pursuant to such
    44  subdivision, or the provisions of subdivision  five  of  section  twelve
    45  hundred  forty-two  of the vehicle and traffic law by its bicycle opera-
    46  tors shall be subject to a civil penalty of $100. Any such business that
    47  violates a provision of this section or rule promulgated pursuant hereto
    48  more than 30 days after such business  has  already  violated  the  same
    49  provision  or  rule  shall  be subject to an additional civil penalty of
    50  $250. Any such business that violates subdivision d of this  section  or
    51  any of the rules promulgated pursuant hereto shall be subject to a civil
    52  penalty  of  $100,  except that with respect to first time violations of
    53  such subdivision, the commissioner of transportation shall  notify  such
    54  business  of  such violation and request that action be taken to correct
    55  such violation in such a manner within 30 days  and  shall  afford  such
    56  business  an  opportunity  to  contest  the  commissioner's finding in a

        S. 226                              3
 
     1  manner set forth in the rules of the department of transportation. Civil
     2  penalties issued pursuant to this paragraph may be in  addition  to  any
     3  criminal penalty imposed, and shall be recoverable against such business
     4  in  an action or proceeding in any court or tribunal of competent juris-
     5  diction or the environmental control board.
     6    § 4. This act shall take effect on the ninetieth day  after  it  shall
     7  have become a law.
Go to top