assembly Bill A5587B

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

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Sponsor

KAVANAGH

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 23 / Feb / 2011
    • REFERRED TO CITIES
  • 16 / Jun / 2011
    • AMEND AND RECOMMIT TO CITIES
  • 16 / Jun / 2011
    • PRINT NUMBER 5587A
  • 04 / Jan / 2012
    • REFERRED TO CITIES
  • 03 / Feb / 2012
    • AMEND AND RECOMMIT TO CITIES
  • 03 / Feb / 2012
    • PRINT NUMBER 5587B

Summary

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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Bill Details

See Senate Version of this Bill:
S419D
Versions:
A5587
A5587A
A5587B
Legislative Cycle:
2011-2012
Current Committee:
Assembly Cities
Law Section:
New York City Administrative Code
Laws Affected:
Amd ยง10-157, NYC Ad Cd
Versions Introduced in Previous Legislative Cycles:
2009-2010: A407A, S4528A
2007-2008: A8294, S3342
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5587--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

Introduced  by  M.  of  A. KAVANAGH, STEVENSON, LANCMAN -- read once and
  referred to the Committee on  Cities  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- recommitted to the  Committee  on  Cities  in  accordance  with
  Assembly Rule 3, sec. 2 -- 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00693-14-2

A. 5587--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] 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
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

A. 5587--B                          3

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-
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

A. 5587--B                          4

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.

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