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.

---

S419D-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

S419D-2011 Votes

S419D-2011 Memo

BILL NUMBER:S419D

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 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.

A sign with the name of the business, and a three digit identification
number must be affixed to the rear of each bicycle. Each bicycle
operator must wear a jacket or vest with the name of the business and
the operator's individual identification number while making
deliveries.

Subdivision b is amended to require the business to provide a numbered
identification card with the name, residence address and photo of the
bicycle operator and the name, address and telephone number of the
business.

Subdivision c is amended to require a business using a bicycle for
commercial purposes to maintain a log book with the name and address
of every bicycle operator or independent contractor.

Subdivision d is amended to require any business using commercial
bicycle operators or operators as independent contractors to file an
annual report detailing the number of bicycles owned and the identity
of all bicycle operators working for or working as independent
contractors for the business.

Subdivision e requires the owner of the business using a bicycle for
commercial purposes to provide protective headgear for each operator.
Each operator must wear the helmet provided.

Subdivision f requires the owner of a business to ensure each bicycle
is properly outfitted with all devices in accordance with section
1236 of the vehicle and traffic law.

Subdivision g individuals who violate the traffic code are 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.

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.

Subdivision i states that any bicycle operator or independent
contractor shall only be considered employed by the business when the
business provides direct compensation to that bicycle operator or
independent contractor.
Clarifies that those other firms hired to provide delivery and
messenger services shall not be subject to the provisions of this
section.

Section 2 Effective date

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 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 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 150th day after becoming law.

S419D-2011 Text

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

                                   419--D

                         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 -- recom-
    mitted to the Committee on Cities in accordance with  Senate  Rule  6,
    sec.  8  --  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00693-15-2

 S. 419--D                           2

  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
    (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

 S. 419--D                           3

  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
  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-

 S. 419--D                           4

  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
  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.