Establishes safety requirements for operators who use bicycles with electric assist for commercial purposes and the businesses that employ such operators.
STATE OF NEW YORK
________________________________________________________________________
9805
IN ASSEMBLY
April 9, 2024
___________
Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
tee 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.
25 3. Any business that employs a commercial bicycle operator shall:
26 (a) assign to each of its commercial bicycle operators a three-digit
27 identification number and issue to each of its commercial bicycle opera-
28 tors an identification card that contains the name, identification
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15070-03-4
A. 9805 2
1 number and photo of the commercial bicycle operator and the name,
2 address and telephone number of such business;
3 (b) provide each commercial bicycle operator with suitable headgear.
4 Such headgear must meet the standards set forth by the consumer product
5 safety commission in part one thousand two hundred three of title
6 sixteen of the code of federal regulations and must be replaced at the
7 expense of the business if such headgear is missing any of its component
8 parts or is otherwise damaged so as to impair its functionality;
9 (c) maintain a roster of commercial bicycle operators that are
10 employed by such business which includes the following information:
11 (i) the name, residence address, date of employment and, where appli-
12 cable, the date of discharge from employment of each commercial bicycle
13 operator;
14 (ii) each commercial bicycle operator's unique three-digit identifica-
15 tion number;
16 (d) equip each commercial bicycle with electric assist with:
17 (i) a bell or other audible device;
18 (ii) a white headlight and a red taillight;
19 (iii) reflex reflectors;
20 (iv) brakes; and
21 (v) a metal or plastic sign in good condition at least three inches by
22 five inches with the business's name and a unique bicycle identification
23 number for each bicycle in lettering at least one inch high. The sign
24 must be affixed to the rear or both sides of the bicycle; and
25 (e) provide safety training. Such business shall provide a commercial
26 bicycle operator with a certificate of completion upon the completion of
27 such training. The curriculum of such training shall include, but not be
28 limited to:
29 (i) the laws governing the operation of bicycles;
30 (ii) appropriate traffic behavior and the laws governing such traffic
31 behavior;
32 (iii) identification and avoidance of hazards;
33 (iv) pedestrian and motor vehicle safety;
34 (v) bicycle safety inspection and maintenance; and
35 (vi) injury prevention.
36 4. A commercial bicycle operator who violates any provision of this
37 section shall be issued a notice of violation. The business that employs
38 such operator shall receive a fine of two hundred fifty dollars for the
39 first offense. For each subsequent offense such fine shall be increased
40 by fifty dollars. After the third offense, such fine shall be five
41 hundred dollars for each subsequent offense.
42 § 2. This act shall take effect on the ninetieth day after it shall
43 have become a law. Effective immediately, the addition, amendment and/or
44 repeal of any rule or regulation necessary for the implementation of
45 this act on its effective date are authorized to be made and completed
46 on or before such effective date.
