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  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  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.