This bill has been amended

Bill S3461-2013

Provides that bicycle operators and the businesses working as an independent contractor with such operators shall be liable for such operators' violation of the law

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.

Details

Actions

  • Jun 3, 2013: 2ND REPORT CAL.
  • May 30, 2013: 1ST REPORT CAL.926
  • Feb 4, 2013: REFERRED TO CITIES

Votes

VOTE: COMMITTEE VOTE: - Cities - May 30, 2013
Ayes (5): Lanza, DeFrancisco, Grisanti, Avella, Breslin
Ayes W/R (1): Ball

Memo

BILL NUMBER:S3461                REVISED 5/29/13

TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to the use of bicycles for commercial purposes

PURPOSE: Expands Section 10-157 of the NYC administrative code to include business entities or independent contractors which deliver articles of any type by bicycle.

SUMMARY OF PROVISIONS: This bill amends section 10-157 of the Administrative Code to facilitate enforcement by authorities for commercial bicyclists and businesses in violation of this section. The definition of a business using a bicycle for commercial purposes is expanded to include all bicycle operators who provide a delivery service for a business, not limiting it to those who are actually employed by the establishment, subject to the provisions of this section.

Subdivision c is amended to add independent contractors to the requirement that businesses provide a three digit identification card with the name, residence address and photo of the bicycle operator and the name, address and telephone number of the business for which they are employed.

Subdivision d is amended to add independent contractors to the requirement that a business using a bicycle for commercial purposes to maintain a roster of bicycle operators employed by such business.

Subdivision f is amended to add independent contractors to the requirement that the owner of a business ensure each bicycle owned by the business, employee or independent contractor is properly outfitted with all devices in accordance with section twelve hundred thirty-six of the vehicle and traffic law.

Subdivision g is amended to make the a violation liable for a civil penalty of not less than one hundred dollars nor more than two hundred fifty dollars which may be recovered against a bicycle operator or against a business using a bicycle for commercial purposes in a proceeding before the environmental control board. This civil penalty may be in addition to a criminal penalty.

Subdivision h is amended to make any business using a bicycle for commercial purposes to be vicariously liable for any civil penalty imposed on any operator employed by or otherwise working as an independent contractor with such business when the penalty is a result of a violation of any provision of this section.

Section two sets for the effective date.

JUSTIFICATION: Bicycle delivery employees have been the cause of numerous accidents causing serious injury or death. This problem has been exacerbated by the difficulty experienced in enforcing the current statutory provisions which regulate this activity, and assigning liability to the business utilizing or arranging for the commercial bicycle delivery operator to complete a delivery.

Section 10-157 requires identification to be provided by the business utilizing the services of delivery cyclists for both the bicycle and rider, but until now has not been readily enforced. First, a violation of this section will be brought before the environmental control board for ease of prosecution in addition to the criminal court. Secondly, this proposal will create a vicarious liability for any business utilizing the services of the cyclist for the actions of that cyclist. This will subject to a fine from $100 to $250.

By making the business liable for the actions of the cyclists used for delivery of their product, it will promote an interest for the business to only associate with commercial cyclists who adhere to the requirements currently in place in the Administrative Code. By clarifying who is responsible for violations end enabling pedestrians to identify a reckless cyclist and associate the cyclist with the business that they are affiliated with, will facilitate enforcement by the authorities, thereby protecting the pedestrians. The bill also allows an additional penalty to be imposed on the rider in addition to the penalty on the business.

FISCAL IMPACT ON THE STATE: Some increased revenue for the City through the imposition of fines to those in violation.

EFFECTIVE DATE: This act shall take effect on the one hundred fiftieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3461 2013-2014 Regular Sessions IN SENATE February 4, 2013 ___________
Introduced by Sens. KRUEGER, SQUADRON -- read twice and ordered printed, and when printed to be committed 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: Section 1. Section 10-157 of the administrative code of the city of New York, as amended by local law number 56 of the city of New York for the year 2012, paragraph 3 of subdivision e as added by local law number 54 of the city of New York for the year 2012, subdivision i as added by local law number 52 of the city of New York for the year 2012 and subdi- vision j as added by local law number 55 of the city of New York for the year 2012, is amended to read as follows: S 10-157 Bicycles used for commercial purposes. a. For purposes of this section, the following terms shall have the following meanings: (1) "bicycle" shall have the same meaning as in section 19-176 of this code, and shall also mean any wheeled device propelled exclusively by human power as well as any motor-assisted device that is not capable of being registered by the New York state department of motor vehicles; (2) "business using a bicycle for commercial purposes" shall mean a person, firm, partnership, joint venture, association, 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. Nothing contained in this section shall be construed as applying to persons under the age of sixteen who use a bicycle only to deliver daily newspapers or circulars. b. A business using a bicycle for commercial purposes shall provide identification of such business by requiring every bicycle to be identi- fied by affixing to the rear of each bicycle, bicycle seat or both sides of the delivery basket, a metal or plastic sign measuring no less than three inches by five inches, with the name of [the] SUCH business and an
identification number unique to that particular bicycle in lettering and numerals no less than one inch in height so as to be plainly readable at a distance of not less than ten feet and maintaining same in good condi- tion thereon. A sign is no longer in good condition if it is missing any of its component parts or is otherwise damaged so as to impair its func- tionality. c. Every business using a bicycle for commercial purposes must assign to every bicycle operator employed by such business a three digit iden- tification number. Such business must issue to every bicycle operator an identification card which contains the name, three digit identification number and photo of the bicycle operator and the name, address and tele- phone number of the business by which the bicycle operator is employed OR OTHERWISE WORKING AS AN INDEPENDENT CONTRACTOR. Such business shall ensure that such identification card is carried by the bicycle operator while such bicycle operator is making deliveries[,] or otherwise riding a bicycle on behalf of the business, and such bicycle operator shall carry such identification card while operating a bicycle on behalf of such business. Such bicycle operator shall be required to produce such identification upon the demand of an authorized employee of the police department or department of transportation or any other person author- ized by law. d. Every business using a bicycle for commercial purposes shall main- tain a roster of bicycle operators employed by such business. Such roster shall include the name and place of residence address of every employee OR INDEPENDENT CONTRACTOR operating a bicycle on behalf of such business, the date of employment and discharge of each such employee OR INDEPENDENT CONTRACTOR, every such employee's three digit identification number, and whether such employee has completed the bicycle safety course required by paragraph 3 of subdivision e of this section. The owner of any business using a bicycle for commercial purposes shall be responsible for maintaining such roster. Such roster shall be made available for inspection during regular and usual business hours or any other such time that such entity is open for business upon request of an authorized employee of the police department or department of transpor- tation or any other person authorized by law. e. (1) The owner of any business 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 site of the business using a bicycle for commercial purposes 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 of this subdivision while making deliv- eries 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. (3) Each bicycle operator shall be required to complete a bicycle safety course. For purposes of this section, "bicycle safety course" shall mean information provided by the department of transportation, regarding safe bicycling and adherence to traffic and commercial bicycle
laws. Such requirement shall include, but not be limited to, the follow- ing: (i) Each bicycle operator shall complete a bicycle safety course prior to operating a bicycle on behalf of a business using a bicycle for commercial purposes; (ii) Each business using a bicycle for commercial purposes shall indi- cate on the roster required to be maintained by subdivision d of this section that each bicycle operator employed by such business has completed such bicycle safety course; (iii) The owner of any business using a bicycle for commercial purposes shall ensure that all bicycle operators employed by such busi- ness shall complete such bicycle safety course prior to operating a bicycle on behalf of such business, shall maintain records of such oper- ators' completion of such bicycle safety course, and shall make such records available for inspection during regular business hours or any other time such business is open for business upon request of an author- ized employee of the police department or department of transportation or any other person authorized by law; and (iv) The commissioner of transportation shall post on the department of transportation's website the content of the bicycle safety course required by this section on or before the effective date of this section. f. The owner of any business 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 from a distance of at least one hundred feet, provided however that a siren or whistle shall not be used; brakes; reflective tires or, alternately, a reflex reflec- tor mounted on the spokes of each wheel; as well as other devices or material in accordance with section [1236] TWELVE HUNDRED THIRTY-SIX of the vehicle and traffic law. g. Any business using a bicycle for commercial purposes shall be responsible for the compliance with the provisions of this section of any employees it shall retain. Violation of any of the provisions of this section by any such business, 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 fifty dollars [or imprisonment for not more than fifteen days or both such fine and imprisonment] WHICH MAY BE RECOVERED AGAINST A BICY- CLE OPERATOR OR AGAINST A BUSINESS USING A BICYCLE FOR COMMERCIAL PURPOSES IN A PROCEEDING BEFORE THE ENVIRONMENTAL CONTROL BOARD. In addition, any business using a bicycle for commercial purposes that violates any of the provisions of this section or any of the rules promulgated pursuant hereto shall be subject to a civil penalty of one hundred dollars. Any such business that violates a provision of this section or rule promulgated pursuant hereto more than thirty days after such business has already violated the same provision or rule shall be subject to an additional civil penalty of two hundred fifty dollars. Such civil penalties may be in addition to any criminal penalty imposed, and shall be recoverable against such business in an action or proceed- ing in any court or tribunal of competent jurisdiction or the environ- mental 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 sign required by subdivision b of this section or without carrying the identification card required by subdivi- sion c of this section or who fails to produce such identification sign or card upon demand pursuant to such subdivisions, or who fails to wear protective headgear required by subdivision e of this section or the retro-reflective apparel required by subdivision i 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 such business did not provide the protective headgear, the identification or the retro-reflective apparel required by subdivi- sions b, c, e or i of this section. Such traffic infraction may be adju- dicated by such an administrative tribunal as is authorized under arti- cle two-A of the vehicle and traffic law.] ANY BUSINESS USING A BICYCLE FOR COMMERCIAL PURPOSES SHALL BE VICARIOUSLY LIABLE FOR ANY CIVIL PENAL- TY IMPOSED ON ANY BICYCLE OPERATOR EMPLOYED BY OR OTHERWISE WORKING AS AN INDEPENDENT CONTRACTOR WITH SUCH BUSINESS WHEN SUCH PENALTY IS THE RESULT OF A VIOLATION OF ANY PROVISION OF THIS SECTION, SECTION 19-176 OF THIS CODE, OR SECTION ELEVEN HUNDRED ELEVEN, SECTION ELEVEN HUNDRED TWENTY-SEVEN, SECTION TWELVE HUNDRED THIRTY-SIX, SECTION TWELVE HUNDRED FORTY, OR SECTION TWELVE HUNDRED FORTY-ONE OF THE VEHICLE AND TRAFFIC LAW. i. A business using a bicycle for commercial purposes shall provide for and require each bicycle operator employed by such business to wear and each such bicycle operator shall wear a retro-reflective jacket, vest, or other wearing apparel on the upper part of such operator's body as the outermost garment while making deliveries, or otherwise riding a bicycle on behalf of such business, the back of which shall indicate such business' name and such bicycle operator's individual identifica- tion number as assigned pursuant to subdivision c of this section in lettering and numerals not less than one inch in height so as to be plainly readable at a distance of not less than ten feet. j. The provisions of this section shall be enforceable by an author- ized employee of the police department or department of transportation or any other person authorized by law. k. 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; provided that if local laws numbers 52, 54, 55 and 56 of the city of New York for the year 2012 shall not have taken effect on or before such date, this act shall take effect on the same date and in the same manner as such local laws take effect.

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