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; directs that certain violations relating to bicycles used for commercial purposes shall be tried before the environmental control board of the city of New York.

---

A5587A-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

A5587A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   5587--A

                         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

  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 ENTITY which engages in the
  course of its business, either on behalf of itself or others, in  deliv-
  ering  packages,  parcels,  papers or articles of any type by bicycle. A
  BUSINESS USING A BICYCLE FOR COMMERCIAL PURPOSES shall provide identifi-
  cation 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 business  and  a
  three  digit identification number which identifies the bicycle 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 condition thereon;
  and
    (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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00693-09-1

 A. 5587--A                          2

  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] ENTITY WITH WHICH the
  bicycle operator is employed OR AFFILIATED.   Such  identification  card
  must  be  carried  by  the  bicycle operator while the cyclist 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
  enforcement 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, the date of employment
  and discharge of each person in said service,  and  every  messenger  or
  delivery  person's identification number. The owner of any SUCH business
  engaged in providing a service as authorized in this  section  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  avail-
  able for inspection during regular and usual business hours upon request
  of  an  agent  of  the  police commissioner or any police officer 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  AFFILIATED  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 AFFILIATED
  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
  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

 A. 5587--A                          3

  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 ASSOCI-
  ATE thereof, shall provide at its own expense and ensure that each bicy-
  cle 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  reflec-
  tive 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 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  of  not
  less  than  one  hundred  dollars  nor  more  than two hundred and fifty
  dollars or imprisonment for not more than fifteen days or both such fine
  and imprisonment.   IN ADDITION, ANY PERSON  OR  ENTITY  VIOLATING  THIS
  SECTION  OR  ANY OF THE RULES OR REGULATIONS PROMULGATED PURSUANT HERETO
  SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS
  AND NOT MORE THAN TWO HUNDRED FIFTY DOLLARS  FOR  EACH  VIOLATION.  SUCH
  CIVIL  PENALTY  SHALL BE IN ADDITION TO ANY CRIMINAL PENALTY THAT MAY BE
  IMPOSED, AND SHALL BE RECOVERABLE AGAINST A BICYCLE OPERATOR AND AGAINST
  A BUSINESS USING A BICYCLE  FOR  COMMERCIAL  PURPOSES  IN  A  PROCEEDING
  BEFORE THE ENVIRONMENTAL CONTROL BOARD.
    h.  Any person who makes deliveries or otherwise operates a bicycle on
  behalf of a business USING A BICYCLE  FOR  COMMERCIAL  PURPOSES  without
  carrying the identification required by subdivision b of this section or
  who fails to produce such identification upon demand as required by such
  subdivision, or who fails to wear protective headgear required by subdi-
  vision  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 affirma-
  tive defense to such traffic infraction that [the] SUCH business did not
  provide  the  protective  headgear  required  by  subdivision  e of this
  section. Such traffic infraction may be adjudicated by such an  adminis-
  trative tribunal as is authorized under article two-A of the vehicle and
  traffic law.
    I.  IN  ANY  PROSECUTION  OF A BUSINESS USING A BICYCLE FOR COMMERCIAL
  PURPOSES FOR A VIOLATION OF THIS SECTION SUCH BUSINESS SHALL BE  VICARI-
  OUSLY LIABLE FOR THE ACTS OF ANY BICYCLE OPERATORS EMPLOYED BY OR OTHER-
  WISE AFFILIATED WITH SUCH BUSINESS.
    J.  FOR THE PURPOSES OF THIS SECTION, A BICYCLE OPERATOR SHALL ONLY BE
  CONSIDERED TO BE EMPLOYED OR AFFILIATED WITH AN ENTITY BUSINESS USING  A
  BICYCLE FOR COMMERCIAL PURPOSES WHEN SUCH ENTITY PROVIDES DIRECT COMPEN-
  SATION  TO  THAT  BICYCLE OPERATOR, EITHER AS AN EMPLOYEE OR CONTRACTOR.
  PERSONS OR ENTITIES THAT  HIRE  OTHER  FIRMS  TO  PROVIDE  DELIVERY  AND
  MESSENGER SERVICES ARE NOT SUBJECT TO THE PROVISIONS OF THIS SECTION.
    S 2. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.