senate Bill S419B

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

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
2007-2008: S3342

Votes

5
0
5
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Cities committee vote details

Sponsor Memo

BILL NUMBER:S419B

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 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 i 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.

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:


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--B

                       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 -- 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

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
not less than ten feet and maintaining same in good  condition  thereon;
and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00693-06-1

S. 419--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]  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:
  (i)  meet  the  standards  set  forth  by  the consumer product safety
commission in title 16, part 1203 of the code of federal regulations;

S. 419--B                           3

  (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. SERVICE OF A NOTICE OF VIOLATION
OF  THIS SECTION OR ANY OF THE RULES OR REGULATIONS PROMULGATED PURSUANT
HERETO MAY BE MADE UPON SUCH BUSINESS  BY  SERVICE  OF  SUCH  NOTICE  OF
VIOLATION  UPON  A  BICYCLE OPERATOR EMPLOYED BY OR AFFILIATED WITH SUCH
BUSINESS.
  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, THERE SHALL BE A REBUTTABLE
PRESUMPTION THAT SUCH BUSINESS UTILIZING THE  SERVICES  OF  THE  BICYCLE

S. 419--B                           4

OPERATOR HAD KNOWLEDGE THAT THE BICYCLE OPERATOR WAS IN VIOLATION OF ANY
SUBDIVISION OF THIS SECTION.
  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
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.

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