senate Bill S3461

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

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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

  • 04 / Feb / 2013
    • REFERRED TO CITIES
  • 30 / May / 2013
    • 1ST REPORT CAL.926
  • 03 / Jun / 2013
    • 2ND REPORT CAL.
  • 04 / Jun / 2013
    • AMENDED 3461A
  • 04 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • AMENDED ON THIRD READING 3461B
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CITIES
  • 06 / May / 2014
    • 1ST REPORT CAL.541
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

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.

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Bill Details

Versions:
S3461
S3461A
S3461B
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
New York City Administrative Code
Laws Affected:
Amd ยง10-157 & 19-176, NYC Ad Cd
Versions Introduced in Previous Legislative Cycles:
2011-2012: A5587B, S419D
2009-2010: A407A, S4528A
2007-2008: A8294, 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:S3461 REVISED 5/29/13

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: Expands Section 10-157 of the NYC administrative code to
include business entities or independent contractors which deliver
articles of any type by bicycle.

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 bicycle operators 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.

Subdivision c is amended to add independent contractors to the
requirement that businesses provide a three digit identification card
with the name, residence address and photo of the bicycle operator and
the name, address and telephone number of the business for which they
are employed.

Subdivision d is amended to add independent contractors to the
requirement that a business using a bicycle for commercial purposes to
maintain a roster of bicycle operators employed by such business.

Subdivision f is amended to add independent contractors to the
requirement that the owner of a business ensure each bicycle owned by
the business, employee or independent contractor is properly outfitted
with all devices in accordance with section twelve hundred thirty-six
of the vehicle and traffic law.

Subdivision g is amended to make the a violation liable for a civil
penalty of not less than one hundred dollars nor more than two hundred
fifty dollars which may be recovered against a bicycle operator or
against a business using a bicycle for commercial purposes in a
proceeding before the environmental control board. This civil penalty
may be 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.

Section two sets for the effective date.

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 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 end 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 IMPACT ON THE STATE: Some increased revenue for the City
through the imposition of fines to those in violation.

EFFECTIVE DATE: This act shall take effect on the one hundred fiftieth
day after it shall have become a law.

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

                                  3461

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

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, as amended by local law number 56 of the city of New York  for
the year 2012, paragraph 3 of subdivision e as added by local law number
54  of the city of New York for the year 2012, subdivision i as added by
local law number 52 of the city of New York for the year 2012 and subdi-
vision j as added by local law number 55 of the city of New York for the
year 2012, is amended to read as follows:
  S 10-157 Bicycles used for commercial purposes. a.   For  purposes  of
this section, the following terms shall have the following meanings:
  (1) "bicycle" shall have the same meaning as in section 19-176 of this
code,  and  shall  also mean any wheeled device propelled exclusively by
human power as well as any motor-assisted device that is not capable  of
being registered by the New York state department of motor vehicles;
  (2)  "business  using  a bicycle for commercial purposes" shall mean a
person, firm, partnership, joint venture, association,  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. Nothing contained in
this section shall be construed as applying to persons under the age  of
sixteen who use a bicycle only to deliver daily newspapers or circulars.
  b.  A  business  using a bicycle for commercial purposes shall provide
identification of such business by requiring every bicycle to be identi-
fied by affixing to the rear of each bicycle, bicycle seat or both sides
of the delivery basket, a metal or plastic sign measuring no  less  than
three inches by five inches, with the name of [the] SUCH business and an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02317-03-3

S. 3461                             2

identification number unique to that particular bicycle in lettering and
numerals no less than one inch in height so as to be plainly readable at
a distance of not less than ten feet and maintaining same in good condi-
tion thereon. A sign is no longer in good condition if it is missing any
of its component parts or is otherwise damaged so as to impair its func-
tionality.
  c.  Every business using a bicycle for commercial purposes must assign
to every bicycle operator employed by such business a three digit  iden-
tification number. Such business must issue to every bicycle operator an
identification  card which contains the name, three digit identification
number and photo of the bicycle operator and the name, address and tele-
phone number of the business by which the bicycle operator  is  employed
OR  OTHERWISE  WORKING AS AN INDEPENDENT CONTRACTOR. Such business shall
ensure that such identification card is carried by the bicycle  operator
while  such bicycle operator is making deliveries[,] or otherwise riding
a bicycle on behalf of the business, and  such  bicycle  operator  shall
carry  such  identification  card while operating a bicycle on behalf of
such business. Such bicycle operator shall be required to  produce  such
identification  upon  the demand of an authorized employee of the police
department or department of transportation or any other  person  author-
ized by law.
  d.  Every business using a bicycle for commercial purposes shall main-
tain a roster of bicycle  operators  employed  by  such  business.  Such
roster  shall  include  the name and place of residence address of every
employee OR INDEPENDENT CONTRACTOR operating a bicycle on behalf of such
business, the date of employment and discharge of each such employee  OR
INDEPENDENT CONTRACTOR, every such employee's three digit identification
number,  and  whether  such  employee  has  completed the bicycle safety
course required by paragraph 3 of subdivision e  of  this  section.  The
owner  of  any business using a bicycle for commercial purposes shall be
responsible for maintaining such  roster.  Such  roster  shall  be  made
available  for inspection during regular and usual business hours or any
other such time that such entity is open for business upon request of an
authorized employee of the police department or department of  transpor-
tation or any other person authorized by law.
  e.  (1)  The  owner  of  any  business  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 site of the business using a bicycle
for commercial purposes 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.
  (3)  Each  bicycle  operator  shall  be required to complete a bicycle
safety course. For purposes of this  section,  "bicycle  safety  course"
shall  mean  information  provided  by the department of transportation,
regarding safe bicycling and adherence to traffic and commercial bicycle

S. 3461                             3

laws. Such requirement shall include, but not be limited to, the follow-
ing:
  (i) Each bicycle operator shall complete a bicycle safety course prior
to  operating  a  bicycle  on  behalf  of a business using a bicycle for
commercial purposes;
  (ii) Each business using a bicycle for commercial purposes shall indi-
cate on the roster required to be maintained by subdivision  d  of  this
section  that  each  bicycle  operator  employed  by such   business has
completed such bicycle safety course;
  (iii) The owner  of  any  business  using  a  bicycle  for  commercial
purposes  shall ensure that all bicycle operators employed by such busi-
ness shall complete such bicycle safety  course  prior  to  operating  a
bicycle on behalf of such business, shall maintain records of such oper-
ators'  completion  of  such  bicycle safety course, and shall make such
records available for inspection during regular business  hours  or  any
other time such business is open for business upon request of an author-
ized  employee  of the police department or department of transportation
or any other person authorized by law; and
  (iv) The commissioner of transportation shall post on  the  department
of  transportation's  website  the  content of the bicycle safety course
required by this section  on  or  before  the  effective  date  of  this
section.
  f.  The owner of any business 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 from a distance  of  at
least  one  hundred feet, provided however that a siren or whistle shall
not be used; brakes; reflective tires or, alternately, a reflex  reflec-
tor  mounted  on  the  spokes of each wheel; as well as other devices or
material in accordance with section [1236] TWELVE HUNDRED THIRTY-SIX  of
the vehicle and traffic law.
  g.    Any  business  using  a bicycle for commercial purposes shall be
responsible for the compliance with the provisions of  this  section  of
any  employees  it  shall  retain. Violation of any of the provisions of
this section by any such business, 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 fifty dollars [or imprisonment for not more than fifteen days or
both such fine and imprisonment]  WHICH MAY BE RECOVERED AGAINST A BICY-
CLE  OPERATOR  OR  AGAINST  A  BUSINESS  USING  A BICYCLE FOR COMMERCIAL
PURPOSES IN A PROCEEDING BEFORE  THE  ENVIRONMENTAL  CONTROL  BOARD.  In
addition,  any  business  using  a  bicycle for commercial purposes that
violates any of the provisions of this  section  or  any  of  the  rules
promulgated  pursuant  hereto shall be subject to a civil penalty of one
hundred dollars. Any such business that violates  a  provision  of  this
section  or rule promulgated pursuant hereto more than thirty days after
such business has already violated the same provision or rule  shall  be
subject  to  an  additional  civil penalty of two hundred fifty dollars.
Such civil penalties may be in addition to any criminal penalty imposed,
and shall be recoverable against such business in an action or  proceed-
ing  in  any court or tribunal of competent jurisdiction or the environ-
mental control board.

S. 3461                             4

  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  sign  required  by  subdivision b of this
section or without carrying the identification card required by subdivi-
sion  c of this section or who fails to produce such identification sign
or card upon demand pursuant to such subdivisions, or who fails to  wear
protective  headgear  required  by  subdivision e of this section or the
retro-reflective apparel required by  subdivision  i  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  such business did not provide the protective headgear,
the identification or the retro-reflective apparel required by  subdivi-
sions b, c, e or i of this section. Such traffic infraction may be adju-
dicated  by such an administrative tribunal as is authorized under arti-
cle two-A of the vehicle and traffic law.] ANY BUSINESS USING A  BICYCLE
FOR COMMERCIAL PURPOSES SHALL BE VICARIOUSLY LIABLE FOR ANY CIVIL PENAL-
TY  IMPOSED  ON ANY BICYCLE OPERATOR EMPLOYED BY OR OTHERWISE WORKING AS
AN INDEPENDENT CONTRACTOR WITH SUCH BUSINESS WHEN SUCH  PENALTY  IS  THE
RESULT  OF  A VIOLATION OF ANY PROVISION OF THIS SECTION, SECTION 19-176
OF THIS CODE, OR SECTION ELEVEN HUNDRED ELEVEN, SECTION  ELEVEN  HUNDRED
TWENTY-SEVEN,  SECTION TWELVE HUNDRED THIRTY-SIX, SECTION TWELVE HUNDRED
FORTY, OR SECTION TWELVE HUNDRED FORTY-ONE OF THE  VEHICLE  AND  TRAFFIC
LAW.
  i.  A  business  using a bicycle for commercial purposes shall provide
for and require each bicycle operator employed by such business to  wear
and  each  such  bicycle  operator shall wear a retro-reflective jacket,
vest, or other wearing apparel on the upper part of such operator's body
as the outermost garment while making deliveries, or otherwise riding  a
bicycle  on  behalf  of  such business, the back of which shall indicate
such business' name and such bicycle operator's  individual  identifica-
tion  number  as  assigned  pursuant to subdivision c of this section in
lettering and numerals not less than one inch in  height  so  as  to  be
plainly readable at a distance of not less than ten feet.
  j.  The  provisions of this section shall be enforceable by an author-
ized employee of the police department or department  of  transportation
or any other person authorized by law.
  k.  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; provided that if local laws numbers 52,  54,
55 and 56 of the city of New York for the year 2012 shall not have taken
effect  on  or  before such date, this act shall take effect on the same
date and in the same manner as such local laws take effect.

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