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A07461 Summary:

BILL NOA07461
 
SAME ASSAME AS S04243
 
SPONSOREpstein
 
COSPNSR
 
MLTSPNSR
 
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.
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A07461 Actions:

BILL NOA07461
 
05/06/2019referred to cities
01/08/2020referred to cities
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A07461 Memo:

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.
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A07461 Text:



 
                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.
                                                                   LBD08618-01-9

        A. 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  more
    26  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.
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