S T A T E O F N E W Y O R K
________________________________________________________________________
5587
2011-2012 Regular Sessions
I N A S S E M B L Y
February 23, 2011
___________
Introduced by M. of A. KAVANAGH, STEVENSON -- read once and referred to
the Committee 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. Section 10-157 of the administrative code of the city of
2 New York, subdivisions e and f as added and subdivisions g and h as
3 amended by local law number 9 of the city of New York for the year 2007,
4 is amended to read as follows:
5 S 10-157 Bicycles used for commercial purposes. a. Every person, firm,
6 partnership, joint venture, association or corporation which engages in
7 the course of its business, either on behalf of itself or others, in
8 delivering packages, parcels, papers or articles of any type by bicycle
9 shall provide identification of the business by requiring every bicycle
10 or bicycle operator to be identified by:
11 (1) affixing to the rear of each bicycle, bicycle seat or both sides
12 of the delivery basket, a metal, plastic or other sign of a type
13 approved by the police commissioner, with the name of the business and a
14 three digit identification number which identifies the bicycle operator
15 in lettering and numerals so as to be plainly readable at a distance of
16 not less than ten feet and maintaining same in good condition thereon;
17 and
18 (2) by requiring each bicycle operator to wear a jacket, vest, or
19 other wearing apparel on the upper part of the cyclist's body while
20 making deliveries, or otherwise riding a bicycle on behalf of the busi-
21 ness, the back of which shall indicate the business name and the bicycle
22 operator's individual identification number in lettering and numerals so
23 as to be plainly readable at a distance of not less than ten feet.
24 b. Every person, firm, partnership, joint venture, association or
25 corporation OR SIMILAR ENTITY engaged in providing OR ARRANGING FOR THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00693-01-1
A. 5587 2
1 PROVISION OF a service as authorized herein must issue to every bicycle
2 operator a numbered identification card which contains the name, resi-
3 dence address and photo of the bicycle operator and the name, address
4 and telephone number of the company for whom the bicycle operator is
5 [employed] AFFILIATED. Such identification card must be carried by the
6 bicycle operator while the cyclist is making deliveries, or otherwise
7 riding a bicycle on behalf of the business, and must be produced upon
8 the demand of a police officer or any other law enforcement officer.
9 c. Every person, firm, partnership, joint venture, association [or],
10 corporation OR SIMILAR ENTITY engaged in providing OR ARRANGING FOR THE
11 PROVISION OF a service as authorized herein shall maintain in a log book
12 to be kept for such purpose, the name and place of residence address of
13 every [employee operating a] bicycle OPERATOR, the date of employment OR
14 ASSOCIATION and discharge of each person in said service, and every
15 messenger or delivery person's identification number. The owner of any
16 business engaged in providing a service as authorized in this section
17 shall be responsible for maintaining in the log book a daily trip record
18 in which all entries shall be made legibly in ink and each entry shall
19 be dated and include the bicycle identification number, the operator's
20 name and the name and place of origin and destination for each trip. No
21 entry shall be rewritten either in whole or in part except in such
22 manner as may be provided by regulation of the commissioner; any such
23 unauthorized rewriting shall give rise to a rebuttable presumption of an
24 act of fraud, deceit or misrepresentation. Such log book shall be made
25 available for inspection during regular and usual business hours upon
26 request of an agent of the police commissioner or any police officer or
27 any other person authorized by law.
28 d. The owner of any business engaged in providing OR ARRANGING FOR THE
29 PROVISION OF a service as authorized in this section shall file an annu-
30 al report in such form as shall be designated by the police commissioner
31 by rule or regulations. Said report shall include, inter alia, the
32 number of bicycles it owns and the number and identity of any [employees
33 it may retain] BICYCLE OPERATORS EMPLOYED BY OR OTHERWISE AFFILIATED
34 WITH SUCH BUSINESS. Any business engaged in providing OR ARRANGING a
35 service as authorized in this section shall be responsible for the
36 compliance with the provisions of this section of any [employees it
37 shall retain] BICYCLE OPERATORS EMPLOYED BY OR OTHERWISE AFFILIATED WITH
38 SUCH BUSINESS. Nothing contained in this section shall be construed as
39 applying to persons under the age of sixteen who use a bicycle to deliv-
40 er daily newspapers or circulars.
41 e. (1) The owner of any business engaged in providing a service as
42 authorized in this section shall provide, at its own expense, protective
43 headgear suitable for each bicycle operator. Such headgear shall:
44 (i) meet the standards set forth by the consumer product safety
45 commission in title 16, part 1203 of the code of federal regulations;
46 (ii) be readily available at each employment site for use by each
47 bicycle operator; and
48 (iii) be replaced if such headgear is no longer in good condition.
49 Headgear is no longer in good condition if it is missing any of its
50 component parts or is otherwise damaged so as to impair its functionali-
51 ty.
52 (2) Each bicycle operator shall wear protective headgear that meets
53 the requirements of paragraph [1] ONE of this subdivision while making
54 deliveries or otherwise operating a bicycle on behalf of such business.
55 The term "wear such protective headgear" means having the headgear
56 fastened securely upon the head with the headgear straps.
A. 5587 3
1 f. The owner of any business engaged in providing a service as author-
2 ized in this section, notwithstanding that a bicycle may be provided by
3 an employee thereof, shall provide at its own expense and ensure that
4 each bicycle is equipped with a lamp; a bell or other device capable of
5 giving an audible signal; brakes; reflective tires or, alternately, a
6 reflex reflector mounted on the spokes of each wheel; as well as other
7 reflective devices or material, in accordance with section [1236] ONE
8 THOUSAND TWO HUNDRED THIRTY-SIX of the vehicle and traffic law.
9 g. [Except as otherwise provided in subdivision h of this section,
10 the] THE PERSON, FIRM, PARTNERSHIP, JOINT VENTURE, ASSOCIATION, CORPO-
11 RATION OR OTHER SIMILAR ENTITY ENGAGED IN PROVIDING OR ARRANGING FOR THE
12 PROVISION OF A SERVICE AS AUTHORIZED IN THIS SECTION SHALL BE LIABLE FOR
13 ANY violation of any of the provisions of [this section,] THIS CODE
14 REGULATING THE OPERATION OF BICYCLES AND COMMERCIAL BICYCLES or [of] any
15 [of the] rules or regulations that may be promulgated pursuant
16 hereto[,]. SUCH VIOLATION shall be [a violation] triable [by a judge of
17 the criminal court] IN A PROCEEDING BEFORE THE ENVIRONMENTAL CONTROL
18 BOARD of the city of New York and upon conviction [thereof] OF A PERSON,
19 FIRM PARTNERSHIP, JOINT VENTURE, ASSOCIATION, OR CORPORATION shall be
20 punishable by a fine of not less than one hundred dollars nor more than
21 two hundred [and] fifty dollars [or imprisonment for not more than
22 fifteen days or both such fine and imprisonment]. IN ADDITION TO OR AS
23 AN ALTERNATIVE TO THE PENALTIES PROVIDED FOR A VIOLATION OF ANY OF THE
24 PROVISIONS OF THIS SECTION, OR OF ANY OF THE RULES OR REGULATIONS
25 PROMULGATED PURSUANT HERETO, ANY PERSON WHO SHALL VIOLATE ANY SUCH
26 PROVISIONS SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT LESS THAN ONE
27 HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED AND FIFTY DOLLARS FOR EACH
28 VIOLATION. SUCH CIVIL PENALTY MAY BE RECOVERED IN AN ACTION OR PROCEED-
29 ING IN ANY COURT OF COMPETENT JURISDICTION.
30 h. [Any person who makes deliveries or otherwise operates a bicycle on
31 behalf of a business without carrying the identification required by
32 subdivision b of this section or who fails to produce such identifica-
33 tion upon demand as required by such subdivision, or who fails to wear
34 protective headgear required by subdivision e of this section, shall be
35 guilty of a traffic infraction and upon conviction thereof shall be
36 liable for a fine of not less than twenty-five dollars nor more than
37 fifty dollars. It shall be an affirmative defense to such traffic
38 infraction that the business did not provide the protective headgear
39 required by subdivision e of this section. Such traffic infraction may
40 be adjudicated by such an administrative tribunal as is authorized under
41 article two-A of the vehicle and traffic law.] IN ANY PROSECUTION OF A
42 PERSON, FIRM, PARTNERSHIP, JOINT VENTURE, ASSOCIATION OR CORPORATION FOR
43 A VIOLATION OF THIS SECTION, THERE SHALL BE A REBUTTABLE PRESUMPTION
44 THAT SUCH PERSON, FIRM, PARTNERSHIP, JOINT VENTURE, ASSOCIATION OR
45 CORPORATION UTILIZING THE SERVICES OF THE BICYCLE OPERATOR HAD KNOWLEDGE
46 THAT THE BICYCLE OPERATOR WAS IN VIOLATION OF ANY SUBDIVISION OF THIS
47 SECTION.
48 S 2. This act shall take effect on the first of November next succeed-
49 ing the date on which it shall have become a law.