|SAME AS||SAME AS S04243|
|Amd §§10-157 & 19-176, NYC Ad Cd|
|Provides that bicycle operators and the businesses affiliated with such operators shall be liable for such operator's failure to carry an identification card or certain other violations regarding the use of a bicycle for commercial purposes; changes violations for the failure to carry an identification card or certain other violation procedures and fines by a commercial bicycle operator.|
|05/06/2019||referred to cities|
|01/08/2020||referred to cities|
Go to top
NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7461 SPONSOR: Epstein
TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to the use of bicycles for commercial purposes   PURPOSE: To provide that businesses using bicycles for commercial purposes in the city of New York shall be responsible for certain traffic in fractions of bicycle operators riding on their behalf. Also to provide that motor-assisted bicycles are not permitted to be ridden on sidewalks in the city of New York.   SUMMARY OF PROVISIONS: Section 1 of the bill designates it as the "Commercial Bicycle Safety Act. Section 2 of the bill amends section 10-157 of the Administrative Code to facilitate enforcement of traffic laws with respect to businesses using a bicycle for commercial purposes. Subdivision a of section 10-157 is amended to make changes to the defi- nition of "bicycle" and "business using a bicycle for commercial purposes," and to define "bicycle operator" for purposes of section 10157. Subdivisions b through f, h, and i of section 10-157 are amended to make various minor changes. Subdivision g creates an affirmative defense to a business using a bicy- cle for commercial purposes if such business contracted with a bicycle operator to provide delivery services. Section 3 of the bill amends paragraph one of subdivision a of Section 19-176 of the administrative code of the city of New York to include motor-assisted bicycles within the definition of "bicycle" for the purpose of prohibiting bicycle riding on sidewalks. Section 4 of the bill sets forth the effective date.   JUSTIFICATION: Bicycles are frequently used for commercial purposes in parts of the city of New York, especially to make deliveries. While this can be an efficient means of providing services to customers, many bicycle opera- tors working on behalf of businesses fail to follow basic traffic laws, such as obeying traffic signals, and one way signs, and avoiding riding on sidewalks. The city of New York has taken steps to improve safety and compliance with the law, to protect pedestrians and the bicycle opera- tors themselves. These steps include local laws to make commercial cyclists, and the businesses on whose behalf they ride more clearly identifiable, requirements of reflective clothing and safety features on bicycles, and training by city staff to promote compliance. However, success in addressing safety concerns has been limited by the simple fact that businesses often put a premium on making deliveries as quickly as possible and have little incentive to ensure that bicycle operators working on their behalf follow traffic laws or avoid reckless behavior. By assigning penalties to businesses using bicycles for commercial purposes when bicycle operators violate certain traffic laws, this bill will give authorities in the city the tools needed to address this problem.   LEGISLATIVE HISTORY: 2017-2018 S. 5021 No Same As - died in Cities 2015-2016 S. 4640/A.7021 Kavanagh - died in Cities 2013-2014 S .3461-B/A.224-B Kavanagh - died in Rules 2011-2012 S. 419-D/A.5587-B Kavanagh - notice of consideration, died in cities 2009-2010 S. 4528/A.407-A Kavanagh - died in Cities 2007-2008 S .3342/A.8294 Kavanagh - died in Cities 2005-2006 S .2340 No Same As - died in Cities 2004 S.6385 No Same As - died in Cities   FISCAL IMPACT ON THE STATE: Some increased revenue for the city of New York through better collection of penalties.   EFFECTIVE DATE: This act shall take effect on the one hundred fiftieth day after it shall have become a law.
Go to top
STATE OF NEW YORK ________________________________________________________________________ 7461 2019-2020 Regular Sessions IN ASSEMBLY May 6, 2019 ___________ Introduced by M. of A. EPSTEIN -- read once and referred to the Commit- tee on Cities AN ACT to amend the administrative code of the city of New York, in relation to the use of bicycles for commercial purposes 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 "Commercial 2 Bicycle Safety Act". 3 § 2. Section 10-157 of the administrative code of the city of New 4 York, as amended by local law number 91 of the city of New York for the 5 year 2017, is amended to read as follows: 6 § 10-157 Bicycles used for commercial purposes. a. For purposes of 7 this section and section 10-157.1 of this chapter, the following terms 8 have the following meanings: 9 (1) Bicycle. The term "bicycle" has the same meaning as in section 10 19-176 of this code, and also means any wheeled device propelled exclu- 11 sively by human power as well as any motor-assisted device that is not 12 capable of being registered by the New York state department of motor 13 vehicles. 14 (2) Bicycle operator. The term "bicycle operator" means a person who 15 delivers packages, parcels, papers, food or groceries, or articles of 16 any type by bicycle on behalf of a business using a bicycle for commer- 17 cial purposes and who is paid by such business. 18 (3) Business using a bicycle for commercial purposes. The term "busi- 19 ness using a bicycle for commercial purposes" means a person, firm, 20 partnership, joint venture, association, corporation, or other entity 21 that, either on behalf of itself or others, delivers packages, parcels, 22 papers, food or groceries, or articles of any type by bicycle. Nothing 23 contained in this section shall be construed as applying to persons 24 under the age of sixteen who use a bicycle only to deliver daily newspa- 25 pers or circulars. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08618-01-9A. 7461 2 1 b. A business using a bicycle for commercial purposes that does not 2 have a site within the city that is open and available to the public 3 must provide to the department of transportation, upon a form prescribed 4 by the department, the following information: 5 (1) the name under which such business is authorized to do business in 6 the state, pursuant to the business corporation law, 7 (2) the registered agent upon whom process against such business may 8 be served and the address of such agent, or, if the business has desig- 9 nated the secretary of state as its agent for receiving such process, 10 the post office address to which the secretary of state may mail a copy 11 of such process, and 12 (3) any other information requested by the department. 13 c. A business using a bicycle for commercial purposes must assign to 14 each of its bicycle operators a three digit identification number, 15 except that the department of transportation may promulgate a rule to 16 require an identification number with four or more digits. Such business 17 must issue to each of its bicycle operators an identification card that 18 contains the name, identification number and photo of the bicycle opera- 19 tor and the name, address and telephone number of such business. A bicy- 20 cle operator shall carry such identification card while making deliv- 21 eries or otherwise operating a bicycle on behalf of any such business. A 22 bicycle operator shall be required to produce such identification card 23 upon the demand of an authorized employee of the police department or 24 department of transportation or any other person authorized by law. 25 d. A business using a bicycle for commercial purposes shall maintain a 26 roster of its bicycle operators. Such roster shall include for each such 27 bicycle operator: name; home address; start date; discharge date, if 28 applicable; identification number; and date of completion of the bicycle 29 safety course required by paragraph three of subdivision e of this 30 section. Such roster shall be made available for inspection upon 31 request of an authorized employee of the police department or department 32 of transportation or any other person authorized by law. 33 e. (1) A business using a bicycle for commercial purposes shall 34 provide at its own expense or ensure the availability of protective 35 headgear suitable for each of its bicycle operators. Such business may 36 not require any of its bicycle operators to provide such headgear at 37 such operator's expense. Such headgear shall: 38 (i) meet the standards set forth by the consumer product safety 39 commission in title 16, part 1203 of the code of federal regulations; 40 and 41 (ii) be replaced if such headgear is no longer in good condition. 42 Headgear is no longer in good condition if it is missing any of its 43 component parts or is otherwise damaged so as to impair its functionali- 44 ty. 45 (2) Each bicycle operator shall wear protective headgear that meets 46 the requirements of paragraph one of this subdivision while making 47 deliveries or otherwise operating a bicycle on behalf of a business 48 using a bicycle for commercial purposes. The term "wear protective head- 49 gear" means having the headgear fastened securely upon the head with the 50 headgear straps. 51 (3) Each bicycle operator shall complete a bicycle safety course prior 52 to making deliveries or otherwise operating a bicycle on behalf of a 53 business using a bicycle for commercial purposes. For purposes of this 54 section, "bicycle safety course" shall mean information provided by the 55 department of transportation regarding safe bicycling and adherence to 56 traffic and commercial bicycle laws.A. 7461 3 1 (4) The commissioner of transportation shall post on the department of 2 transportation's website the content of the bicycle safety course 3 required by this section. 4 f. A business using a bicycle for commercial purposes, notwithstanding 5 that a bicycle may be provided by any of its bicycle operators, shall 6 provide at its own expense or ensure that each bicycle is equipped with: 7 a lamp; a bell or other device capable of giving an audible signal from 8 a distance of at least one hundred feet, provided however that a siren 9 or whistle shall not be used; brakes; reflective tires or, alternately, 10 a reflex reflector mounted on the spokes of each wheel; as well as other 11 devices or material in accordance with section [ 1236] twelve hundred 12 thirty-six of the vehicle and traffic law. Such business may not require 13 any of its bicycle operators to provide such equipment at such opera- 14 tor's expense. 15 g. A business using a bicycle for commercial purposes shall be respon- 16 sible for the compliance with the provisions of this section, section 17 19-176 of this code, and sections eleven hundred eleven, eleven hundred 18 twenty-seven, twelve hundred thirty-six, twelve hundred forty, and 19 twelve hundred forty-one of the vehicle and traffic law of its bicycle 20 operators. Violation of any of the provisions of this section by any 21 such business, or of any of the rules or regulations that may be promul- 22 gated pursuant hereto, shall be a violation triable by a judge of the 23 criminal court of the city of New York and upon conviction thereof shall 24 be punishable by a fine of not less than one hundred dollars [ nor] and 25 not more than two hundred fifty dollars [ or imprisonment for not more26 than fifteen days or both such fine and imprisonment]. In addition, any 27 such business that violates any of the provisions of this section or any 28 of the rules promulgated pursuant hereto shall be subject to a civil 29 penalty of one hundred dollars. Any such business that violates a 30 provision of this section or rule promulgated pursuant hereto more than 31 thirty days and not more than two years after such business has already 32 violated the same provision or rule shall be subject to an additional 33 civil penalty of two hundred fifty dollars. Such civil penalties may be 34 in addition to any criminal penalty imposed, and shall be recoverable 35 against such business in an action or proceeding in any court or tribu- 36 nal of competent jurisdiction or the environmental control board. It 37 shall be an affirmative defense to a violation of this section by a 38 person, firm, partnership, joint venture, association, corporation, or 39 other entity as to any provision applicable to a business using a bicy- 40 cle for commercial purposes, that such person or entity did not employ 41 or provide direct compensation to a bicycle operator, but rather 42 contracted with a business other than such bicycle operator to provide 43 delivery services. 44 h. Any bicycle operator who makes deliveries or otherwise operates a 45 bicycle on behalf of a business using a bicycle for commercial purposes 46 without carrying the identification card required by subdivision c of 47 this section, or who fails to produce such identification card upon 48 demand pursuant to such subdivision, or who fails to wear protective 49 headgear required by subdivision e of this section or the retro-reflec- 50 tive apparel required by subdivision i of this section, shall be guilty 51 of a traffic infraction and upon conviction thereof shall be liable for 52 a fine of not less than twenty-five dollars nor more than fifty dollars. 53 It shall be an affirmative defense to such traffic infraction that such 54 business did not provide the protective headgear, the identification 55 card or the retro-reflective apparel required by subdivisions c, e or i 56 of this section. Such traffic infraction may be adjudicated by an admin-A. 7461 4 1 istrative tribunal authorized under article two-A of the vehicle and 2 traffic law. 3 i. A business using a bicycle for commercial purposes shall provide 4 for and require each of its bicycle operators to wear, and each such 5 bicycle operator shall wear, a retro-reflective jacket, vest, or other 6 wearing apparel on the upper part of such operator's body as the outer- 7 most garment while making deliveries or otherwise operating a bicycle on 8 behalf of such business, the back of which shall indicate such busi- 9 ness's name and such bicycle operator's individual identification number 10 as assigned pursuant to subdivision c of this section in lettering and 11 numerals not less than one inch in height so as to be plainly readable 12 at a distance of not less than ten feet. 13 j. The provisions of this section shall be enforceable by an author- 14 ized employee of the police department or department of transportation 15 or any other person authorized by law. 16 k. A business using a bicycle for commercial purposes shall not 17 possess any motorized scooter and shall not permit any person to operate 18 a motorized scooter on behalf of such business. A business using a bicy- 19 cle for commercial purposes shall be liable for any violation of subdi- 20 vision b of section 19-176.2[ (b)] of this code committed by any person 21 operating a motorized scooter on behalf of such business. For purposes 22 of this section, "motorized scooter" shall be as defined in section 23 19-176.2 of this code. 24 § 3. Paragraph 1 of subdivision a of section 19-176 of the administra- 25 tive code of the city of New York, as added by local law number 6 of the 26 city of New York for the year 1996, is amended to read as follows: 27 (1) The term "bicycle" shall mean a two or three wheeled device upon 28 which a person or persons may ride, propelled by human power through a 29 belt, a chain or gears, with such wheels in a tandem or tricycle, and 30 shall also mean any wheeled motor-assisted device which a person or 31 persons may ride that is not capable of being registered by the New York 32 state department of motor vehicles, except that it shall not include 33 such a device having solid tires and intended for use only on a sidewalk 34 by a child. 35 § 4. This act shall take effect on the one hundred fiftieth day after 36 it shall have become a law.