A5587B-2011 Actions

• Feb 3, 2012: print number 5587b
• Feb 3, 2012: amend and recommit to cities
• Jan 4, 2012: referred to cities
• Jun 16, 2011: print number 5587a
• Jun 16, 2011: amend and recommit to cities
• Feb 23, 2011: referred to cities

A5587B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5587--B
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 23, 2011
 
 Introduced  by  M.  of  A. KAVANAGH, STEVENSON, LANCMAN -- read once and
 referred to the Committee on  Cities  --  committee  discharged,  bill
 amended,  ordered reprinted as amended and recommitted to said commit
 tee -- recommitted to the  Committee  on  Cities  in  accordance  with
 Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee
 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:

 

Section  1. 

Section  10-157 of the administrative code of the city of
 New York, subdivisions e and f as added and  subdivisions  g  and  h  as
 amended by local law number 9 of the city of New York for the year 2007,
 is amended to read as follows:

 

S  10-157  Bicycles  used  for commercial purposes. a. [Every] FOR THE
 PURPOSES OF THIS SECTION, THE  TERM  "BUSINESSES  USING  A  BICYCLE  FOR
 COMMERCIAL  PURPOSES"  SHALL  MEAN  A  person,  firm, partnership, joint
 venture, association [or], corporation OR OTHER  BUSINESS  ENTITY  which
 engages  in  the  course  of its business, either on behalf of itself or
 others, in delivering packages, parcels, papers, FOOD,  or  articles  of
 any  type by bicycle. A BUSINESS USING A BICYCLE FOR COMMERCIAL PURPOSES
 shall provide identification of [the] SUCH business by  requiring  every
 bicycle or bicycle operator to be identified by:

 (1)  affixing  to the rear of each bicycle, bicycle seat or both sides
 of the delivery basket, a  metal,  plastic  or  other  sign  of  a  type
 approved  by  the police commissioner, with the name of [the] SUCH busi
 ness and a three digit identification number which identifies the  bicy
 cle operator in lettering and numerals so as to be plainly readable at a
 distance  of  not less than ten feet and maintaining same in good condi
 tion thereon; and
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00693-14-2
 
       A. 5587--B                          2
 (2) by requiring each bicycle operator to  wear  a  jacket,  vest,  or
 other  wearing  apparel  on  the  upper part of the cyclist's body while
 making deliveries, or otherwise riding a bicycle on behalf of [the] SUCH
 business, the back of which shall indicate the  business  name  and  the
 bicycle  operator's  individual  identification  number in lettering and
 numerals so as to be plainly readable at a distance of not less than ten
 feet.
 b. Every [person, firm, partnership,  joint  venture,  association  or
 corporation  engaged  in providing a service as authorized herein] BUSI
 NESS USING A BICYCLE FOR COMMERCIAL PURPOSES must issue to every bicycle
 operator a numbered identification card which contains the  name,  resi
 dence  address  and  photo of the bicycle operator and the name, address
 and telephone number of the [company for whom] BUSINESS WITH  WHICH  the
 bicycle  operator  is  employed  OR  OTHERWISE WORKING AS AN INDEPENDENT
 CONTRACTOR.  Such identification card must be  carried  by  the  bicycle
 operator while the [cyclist] BICYCLE OPERATOR is making deliveries[,] or
 otherwise  riding  a  bicycle  on  behalf  of  the business, and must be
 produced upon the demand of a police officer or any other  law  enforce
 ment officer.
 c.  Every  [person,  firm,  partnership, joint venture, association or
 corporation engaged in providing a service as authorized  herein]  BUSI
 NESS  USING  A  BICYCLE  FOR COMMERCIAL PURPOSES shall maintain in a log
 book to be kept for such  purpose,  the  name  and  place  of  residence
 address  of  every  [employee operating a] bicycle OPERATOR, the date of
 employment OR STATUS AS AN INDEPENDENT CONTRACTOR and discharge of  each
 person  in  said service, and every messenger or delivery person's iden
 tification number. The owner of any SUCH business [engaged in  providing
 a  service as authorized in this section] USING A BICYCLE FOR COMMERCIAL
 PURPOSES shall be responsible for maintaining in the log  book  a  daily
 trip  record  in which all entries shall be made legibly in ink and each
 entry shall be dated and include the bicycle identification number,  the
 operator's  name  and  the  name and place of origin and destination for
 each trip. No entry shall be rewritten either in whole or in part except
 in such manner as may be provided by regulation of the commissioner; any
 such unauthorized rewriting shall give rise to a rebuttable  presumption
 of  an act of fraud, deceit or misrepresentation. Such log book shall be
 made available for inspection during regular and  usual  business  hours
 upon  request of an agent of the police commissioner or any police offi
 cer or any other person authorized by law.
 d. The owner of any  business  [engaged  in  providing  a  service  as
 authorized  in  this  section]  USING  A BICYCLE FOR COMMERCIAL PURPOSES
 shall file an annual report in such form as shall be designated  by  the
 police  commissioner by rule or regulations.  Said report shall include,
 inter alia, the number of bicycles it owns and the number  and  identity
 of any [employees it may retain] BICYCLE OPERATORS EMPLOYED BY OR OTHER
 WISE  WORKING AS AN INDEPENDENT CONTRACTOR WITH SUCH BUSINESS.  Any SUCH
 business [engaged in providing a service as authorized in this  section]
 shall  be  responsible  for  the  compliance with the provisions of this
 section of any [employees it shall retain] BICYCLE OPERATORS EMPLOYED BY
 OR OTHERWISE WORKING AS AN INDEPENDENT CONTRACTOR  WITH  SUCH  BUSINESS.
 Nothing  contained  in  this  section  shall be construed as applying to
 persons under the age of sixteen who use  a  bicycle  to  deliver  daily
 newspapers or circulars.
 e.  (1)  The  owner of any business [engaged in providing a service as
 authorized in this section] USING  A  BICYCLE  FOR  COMMERCIAL  PURPOSES
 
       A. 5587--B                          3
 shall provide, at its own expense, protective headgear suitable for each
 bicycle operator. Such headgear shall:

 (i)  meet  the  standards  set  forth  by  the consumer product safety
 commission in title 16, part 1203 of the code of federal regulations;
 (ii) be readily available at each employment  site  for  use  by  each
 bicycle operator; and
 (iii)  be  replaced  if  such headgear is no longer in good condition.
 Headgear is no longer in good condition if it  is  missing  any  of  its
 component parts or is otherwise damaged so as to impair its functionali
 ty.
 (2)  Each  bicycle  operator shall wear protective headgear that meets
 the requirements of paragraph [1] ONE of this subdivision  while  making
 deliveries  or otherwise operating a bicycle on behalf of such business.
 The term "wear such  protective  headgear"  means  having  the  headgear
 fastened securely upon the head with the headgear straps.
 f.  The  owner  of  any  business  [engaged  in providing a service as
 authorized in this section] USING A  BICYCLE  FOR  COMMERCIAL  PURPOSES,
 notwithstanding  that  a bicycle may be provided by an employee OR INDE
 PENDENT CONTRACTOR, OR BY AN ASSOCIATE thereof, shall provide at its own
 expense and ensure that each bicycle is equipped with a lamp; a bell  or
 other  device  capable  of  giving an audible signal; brakes; reflective
 tires or, alternately, a reflex reflector mounted on the spokes of  each
 wheel;  as  well  as other reflective devices or material, in accordance
 with section [1236] ONE THOUSAND TWO HUNDRED THIRTY-SIX of  the  vehicle
 and traffic law.
 g. [Except as otherwise provided in subdivision h of this section, the
 violation  of]  A  PERSON  OR  BUSINESS  USING  A BICYCLE FOR COMMERCIAL
 PURPOSES THAT VIOLATES any of the provisions of this  section,  or  [of]
 any of the rules or regulations that may be promulgated pursuant hereto,
 shall  be  [a  violation triable by a judge of the criminal court of the
 city of New York and upon conviction thereof shall be  punishable  by  a
 fine]  LIABLE  FOR  A CIVIL PENALTY of not less than one hundred dollars
 [nor] AND NOT more than two hundred [and] fifty dollars [or imprisonment
 for not more than fifteen days or both such fine and imprisonment] WHICH
 MAY BE RECOVERED AGAINST A BICYCLE OPERATOR OR AGAINST A BUSINESS  USING
 A  BICYCLE  FOR  COMMERCIAL PURPOSES IN A PROCEEDING BEFORE THE ENVIRON
 MENTAL CONTROL BOARD.
 h. [Any person who makes deliveries or otherwise operates a bicycle on
 behalf of a business without carrying  the  identification  required  by
 subdivision  b  of this section or who fails to produce such identifica-
 tion upon demand as required by such subdivision, or who fails  to  wear
 protective  headgear required by subdivision e of this section, shall be
 guilty of a traffic infraction and  upon  conviction  thereof  shall  be
 liable  for  a  fine  of not less than twenty-five dollars nor more than
 fifty dollars. It shall  be  an  affirmative  defense  to  such  traffic
 infraction  that  the  business  did not provide the protective headgear
 required by subdivision e of this section. Such traffic  infraction  may
 be adjudicated by such an administrative tribunal as is authorized under
 article  two-A  of  the  vehicle  and traffic law.] ANY BUSINESS USING A
 BICYCLE FOR COMMERCIAL PURPOSES SHALL  BE  VICARIOUSLY  LIABLE  FOR  ANY
 CIVIL  PENALTY  IMPOSED ON ANY BICYCLE OPERATOR EMPLOYED BY OR OTHERWISE
 WORKING AS AN INDEPENDENT CONTRACTOR WITH SUCH BUSINESS WHEN SUCH PENAL
 TY IS THE RESULT OF A  VIOLATION  OF  ANY  PROVISION  OF  THIS  SECTION,
 SECTION 19-176 OF THIS CODE, OR SECTION ONE THOUSAND ONE HUNDRED ELEVEN,
 SECTION  ONE THOUSAND ONE HUNDRED TWENTY-SEVEN, SECTION ONE THOUSAND TWO
 
       A. 5587--B                          4
 HUNDRED THIRTY-SIX, SECTION ONE THOUSAND TWO HUNDRED FORTY, SECTION  ONE
 THOUSAND TWO HUNDRED FORTY-ONE OF THE VEHICLE AND TRAFFIC LAW.
 I.  FOR THE PURPOSES OF THIS SECTION, A BICYCLE OPERATOR SHALL ONLY BE
 CONSIDERED TO  BE  EMPLOYED  OR  OTHERWISE  WORKING  AS  AN  INDEPENDENT
 CONTRACTOR  WITH A BUSINESS USING A BICYCLE FOR COMMERCIAL PURPOSES WHEN
 SUCH BUSINESS PROVIDES DIRECT COMPENSATION  TO  THAT  BICYCLE  OPERATOR,
 EITHER AS AN EMPLOYEE OR CONTRACTOR. PERSONS OR ENTITIES THAT HIRE OTHER
 FIRMS TO PROVIDE DELIVERY AND MESSENGER SERVICES SHALL NOT BE SUBJECT TO
 THE PROVISIONS OF THIS SECTION.
 

S  2. This act shall take effect on the one hundred fiftieth day after
 it shall have become a law.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!