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.

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S419C-2011 Actions

• Feb 2, 2012: PRINT NUMBER 419D
• Feb 2, 2012: AMEND AND RECOMMIT TO CITIES
• Jan 4, 2012: REFERRED TO CITIES
• Jun 24, 2011: COMMITTED TO RULES
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 13, 2011: AMENDED 419C
• Jun 7, 2011: 1ST REPORT CAL.1128
• May 18, 2011: PRINT NUMBER 419B
• May 18, 2011: AMEND AND RECOMMIT TO CITIES
• Apr 8, 2011: PRINT NUMBER 419A
• Apr 8, 2011: AMEND AND RECOMMIT TO CITIES
• Mar 18, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO CITIES

S419C-2011 Calendars

Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 22, 2011 , Floor Calendar: Jun 23, 2011 , Floor Calendar: Jun 24, 2011

S419C-2011 Votes

S419C-2011 Memo

BILL NUMBER:S419C               REVISED 06/16/11

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 individuals who break the traffic code to be
held liable for a civil penalty and such proceedings will take place
before the environmental control board. This penalty is in addition
to a criminal penalty.

Section 2, subdivision i states that the business utilizing or
arranging for the services of the commercial bicycle operator is
vicariously liable for the actions of its employee.

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.

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 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 may 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 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.

S419C-2011 Text

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

                                   419--C
      Cal. No. 1128

                         2011-2012 Regular Sessions

                              I N  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 --
    reported favorably from  said  committee,  ordered  to  first  report,
    amended  on  first  report,  ordered  to  a  second report and ordered
    reprinted, retaining its place in the order of second report

  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00693-08-1

 S. 419--C                           2

  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
  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:


 S. 419--C                           3

    (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 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

 S. 419--C                           4

  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.