senate Bill S419

Amended

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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Bill Status


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

  • 05 / Jan / 2011
    • REFERRED TO CITIES
  • 18 / Mar / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 08 / Apr / 2011
    • AMEND AND RECOMMIT TO CITIES
  • 08 / Apr / 2011
    • PRINT NUMBER 419A
  • 18 / May / 2011
    • AMEND AND RECOMMIT TO CITIES
  • 18 / May / 2011
    • PRINT NUMBER 419B
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1128
  • 13 / Jun / 2011
    • AMENDED 419C
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CITIES
  • 02 / Feb / 2012
    • AMEND AND RECOMMIT TO CITIES
  • 02 / Feb / 2012
    • PRINT NUMBER 419D

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 Assembly Version of this Bill:
A5587
Versions:
S419
S419A
S419B
S419C
S419D
Legislative Cycle:
2011-2012
Current Committee:
Senate Cities
Law Section:
New York City Administrative Code
Laws Affected:
Amd ยง10-157, NYC Ad Cd
Versions Introduced in Previous Legislative Cycles:
2009-2010: S4528A, A407A
2007-2008: S3342, A8294

Sponsor Memo

BILL NUMBER:S419

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.

Section 2, subdivision b 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 f 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.

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:
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.

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

                                   419

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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

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 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 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00693-01-1

S. 419                              2

  b.  Every  person,  firm,  partnership,  joint venture, association or
corporation OR SIMILAR ENTITY engaged in providing OR ARRANGING FOR  THE
PROVISION  OF a service as authorized herein 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  the  bicycle  operator  is
[employed]  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  OR SIMILAR ENTITY engaged in providing OR ARRANGING FOR THE
PROVISION OF 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 OPERATOR, the date of employment OR
ASSOCIATION  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 OR ARRANGING FOR THE
PROVISION OF a service as authorized in this section shall file an annu-
al 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 OTHERWISE AFFILIATED
WITH SUCH BUSINESS.  Any business engaged in providing  OR  ARRANGING  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 deliv-
er 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] ONE of this subdivision  while  making
deliveries  or otherwise operating a bicycle on behalf of such business.

S. 419                              3

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 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]  ONE
THOUSAND TWO HUNDRED THIRTY-SIX of the vehicle and traffic law.
  g.  [Except  as  otherwise  provided in subdivision h of this section,
the] THE PERSON, FIRM, PARTNERSHIP, JOINT VENTURE,  ASSOCIATION,  CORPO-
RATION OR OTHER SIMILAR ENTITY ENGAGED IN PROVIDING OR ARRANGING FOR THE
PROVISION OF A SERVICE AS AUTHORIZED IN THIS SECTION SHALL BE LIABLE FOR
ANY  violation  of  any  of  the provisions of [this section,] THIS CODE
REGULATING THE OPERATION OF BICYCLES AND COMMERCIAL BICYCLES or [of] any
[of  the]  rules  or  regulations  that  may  be  promulgated   pursuant
hereto[,].  SUCH VIOLATION shall be [a violation] triable [by a judge of
the  criminal  court]  IN  A PROCEEDING BEFORE THE ENVIRONMENTAL CONTROL
BOARD of the city of New York and upon conviction [thereof] OF A PERSON,
FIRM PARTNERSHIP, JOINT VENTURE, ASSOCIATION, OR  CORPORATION  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 TO OR AS
AN ALTERNATIVE TO THE PENALTIES PROVIDED FOR A VIOLATION OF ANY  OF  THE
PROVISIONS  OF  THIS  SECTION,  OR  OF  ANY  OF THE RULES OR REGULATIONS
PROMULGATED PURSUANT HERETO, ANY  PERSON  WHO  SHALL  VIOLATE  ANY  SUCH
PROVISIONS  SHALL  BE  LIABLE  FOR  A CIVIL PENALTY OF NOT LESS THAN ONE
HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED AND  FIFTY  DOLLARS  FOR  EACH
VIOLATION.  SUCH CIVIL PENALTY MAY BE RECOVERED IN AN ACTION OR PROCEED-
ING IN ANY COURT OF COMPETENT JURISDICTION.
  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.] IN ANY PROSECUTION OF A
PERSON, FIRM, PARTNERSHIP, JOINT VENTURE, ASSOCIATION OR CORPORATION FOR
A VIOLATION OF THIS SECTION, THERE SHALL  BE  A  REBUTTABLE  PRESUMPTION
THAT  SUCH  PERSON,  FIRM,  PARTNERSHIP,  JOINT  VENTURE, ASSOCIATION OR
CORPORATION UTILIZING THE SERVICES OF THE BICYCLE OPERATOR HAD KNOWLEDGE
THAT THE BICYCLE OPERATOR WAS IN VIOLATION OF ANY  SUBDIVISION  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.

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