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.
Ayes (5): Lanza, Grisanti, Robach, Avella, Oppenheimer
Ayes W/R (1): DeFrancisco
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: Provides that a commercial bicycle operator and the business affiliated with such operator utilizing or arranging for the delivery of their products shall be liable for such bicyclist's violation(s) of section 10-157 of the Administrative Code.
SUMMARY OF PROVISIONS: This bill amends section 10-157 of the Administrative Code to facilitate enforcement by authorities for commercial bicyclists and businesses knowingly in violation of this section.
The definition of a business using a bicycle for commercial purposes is expanded to include all commercial cyclists 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.
Section 2, subdivision g moves the proceedings for any violation to this section from the criminal court to the environmental control board. It also allows individuals who break the traffic code to be held liable for a civil penalty.
Section 2, subdivision i creates a rebuttable presumption that the business utilizing or arranging for the services of the commercial bicycle operator had knowledge that the bicyclist was in violation of this section by failing to provide proper identification to the commercial bicycle operator.
Section 2, subdivision j clarifies that this section shall not apply to those businesses which hire a messenger service.
EXISTING LAW: The New York City Administrative Code prohibits the operation of bicycles on sidewalks due to the danger bicycles pose to pedestrians in the event of a collision.
Section 10-157 of the Administrative Code applies to bicycles used for commercial purposes. This section was created to enable the authorities to enforce the prohibition of delivery bicycles traveling recklessly on sidewalks by assigning liability to the business providing for, or arranging for delivery service. This section requires the business provide identification for the cyclist, with the use of an identification card. Additionally, an obvious visual means of identification with the name of the establishment or a registered number identified solely with a particular business address must be supplied to the commercial cyclist.
Sidewalks were created for use by pedestrians and not for speeding delivery bicycles attempting to shave minutes from their delivery time at a heightened risk for community residents on foot. This problem has been exacerbated by the difficulty experienced in enforcing the current statutory provisions which prohibit this activity, and assigning liability to the business utilizing or arranging for the commercial bicycle delivery operator to complete delivery.
Section 10-157 does require 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, any violation of this section will be brought before the environmental control board for ease of prosecution as opposed to the criminal court currently the court of jurisdiction. Secondly, this proposal will create a rebuttable presumption that the business utilizing the services of the cyclist was fully aware of the lack of identification associating the cyclist with the business. This rebuttable presumption will make them 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 and 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 IMPLICATIONS: Some increased revenue for the City through the imposition of fines to those in violation.
EFFECTIVE DATE: Shall take effect on the first of November next succeeding the date on which is shall become law.
STATE OF NEW YORK ________________________________________________________________________ 419--B 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. KRUEGER, SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee -- 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 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; andEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00693-06-1 S. 419--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]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;S. 419--B 3
(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
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 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. SERVICE OF A NOTICE OF VIOLATION OF THIS SECTION OR ANY OF THE RULES OR REGULATIONS PROMULGATED PURSUANT HERETO MAY BE MADE UPON SUCH BUSINESS BY SERVICE OF SUCH NOTICE OF VIOLATION UPON A BICYCLE OPERATOR EMPLOYED BY OR AFFILIATED WITH SUCH BUSINESS. 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, THERE SHALL BE A REBUTTABLE PRESUMPTION THAT SUCH BUSINESS UTILIZING THE SERVICES OF THE BICYCLES. 419--B 4
OPERATOR HAD KNOWLEDGE THAT THE BICYCLE OPERATOR WAS IN VIOLATION OF ANY SUBDIVISION OF THIS SECTION. 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.