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

                                  7119

                            I N  S E N A T E

                             March 15, 2010
                               ___________

Introduced  by  Sen. HUNTLEY -- 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 regulation of commercial bicyclists

  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 by 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 person, firm,
partnership, joint venture, association or corporation which engages  in
the  course  of  its  business, either on behalf of itself or others, in
delivering packages, parcels, papers or articles of any type by  bicycle
SHALL  REGISTER  EACH  BICYCLE  WITH THE LOCAL POLICE PRECINCT AND shall
provide identification of the 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 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  busi-
ness, 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.
  A-1. EVERY BICYCLE OPERATOR, WHILE ENGAGED IN BICYCLE OPERATION, SHALL
WEAR  A  HELMET MEETING THE STANDARDS OF THE AMERICAN NATIONAL STANDARDS
INSTITUTE (ANSI Z 90.4 BICYCLE HELMET STANDARDS) OR THE  SNELL  MEMORIAL
FOUNDATION'S STANDARDS FOR PROTECTIVE HEADGEAR FOR USE IN BICYCLING. FOR

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

                                                           LBD00219-01-9

S. 7119                             2

THE PURPOSES OF THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A HELMET
OF GOOD FIT FASTENED SECURELY UPON THE HEAD WITH THE HELMET STRAPS.
  b.  Every  person,  firm,  partnership,  joint venture, association or
corporation engaged in providing a service  as  authorized  herein  must
issue  to  every  bicycle  operator a numbered identification card which
contains the name, residence address and photo of the  bicycle  operator
and  the  name, address and telephone number of the company for whom the
bicycle operator is employed. 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 enforce-
ment officer.
  c. Every person, firm,  partnership,  joint  venture,  association  or
corporation  engaged  in  providing a service as authorized herein 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
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
available  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 author-
ized  in  this section 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. Any business engaged
in  providing a service as authorized in this section shall be responsi-
ble for the compliance with  the  provisions  of  this  section  of  any
employees  it  shall  retain. 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 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 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.

S. 7119                             3

  f. The owner of any business engaged in providing a service as author-
ized in this section, notwithstanding that a bicycle may be provided  by
an  employee  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 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.
  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.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.