senate Bill S3461B

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

See Assembly Version of this Bill:
A224B
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, A5587B
2009-2010: A407A, S4528A, A407A
2007-2008: A8294, S3342, A8294

Votes

4
1
4
Aye
1
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Cities committee vote details
nay (1)
aye wr (1)

Sponsor Memo

BILL NUMBER:S3461B

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:

To provide that businesses using bicycles for commercial purposes in
the city of New York shall be responsible for certain traffic
infractions of bicycle operators riding on their behalf. Also to
provide that motor-assisted bicycles are not permitted to be ridden on
sidewalks in the city of New York.

SUMMARY OF PROVISIONS:

Section 1 of the bill designates it as the "Commercial Bicycle Safety
Act."

Section 2 of the bill amends section 10-157 of the Administrative Code
to facilitate enforcement of traffic laws with respect to businesses
using a bicycle for commercial purposes.

Subdivision a of section 10-157 is amended to make changes to the
definition of "bicycle" and "business using a bicycle for commercial
purposes," and to define "bicycle operator" for purposes of section
10157.

Subdivisions b through f, h, and i of section 10-157 are amended to
make various minor changes.

Subdivision g creates an affirmative defense to a business using a
bicycle fox commercial purposes if such business contracted with a
bicycle operator to provide delivery services.

Section 3 of the bill amends paragraph one of subdivision a of Section
19-176 of the administrative code of the city of New York to include
motor-assisted bicycles within the definition of "bicycle" for the
purpose of prohibiting bicycle riding on sidewalks.

Section 4 of the bill sets forth the effective date.

JUSTIFICATION:

Bicycles are frequently used for commercial purposes in parts of the
city of New York, especially to make deliveries. While this can be an
efficient means of providing services to customers, many bicycle
operators working on behalf of businesses fail to follow basic traffic
laws, such as obeying traffic signals, and one way signs, and avoiding
riding on sidewalks. The city of New York has taken steps to improve
safety and compliance with the law, to protect pedestrians and the
bicycle operators themselves. These steps include local laws to make
commercial cyclists, and the businesses on whose behalf they ride more
clearly identifiable, requirements of reflective clothing and safety
features on bicycles, and training by city staff to promote
compliance.


However, success in addressing safety concerns has been limited by the
simple fact that businesses often put a premium on making deliveries
as quickly as possible and have little incentive to ensure that
bicycle operators working on their behalf follow traffic laws or avoid
reckless behavior. By assigning penalties to businesses using bicycles
for commercial purposes when bicycle operators violate certain traffic
laws, this bill will give authorities in the city the tools needed to
address this problem.

FISCAL IMPACT ON THE STATE:

Some increased revenue for the city of New York through better
collection of penalties.

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--B
    Cal. No. 926

                       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 --
  reported favorably from said committee, ordered to  first  and  second
  report,  amended  on second report, ordered to a third reading, and to
  be reprinted as amended, retaining its place in  the  order  of  third
  reading -- again amended and ordered reprinted, retaining its place in
  the order of third reading

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. This act shall be known and may be cited as the "Commercial
Bicycle Safety Act".
  S  2.  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
subdivision 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 entity which engages in the course  of  its  business,  either  on
behalf  of  itself  or  others, in delivering packages, parcels, papers,
FOOD, GROCERIES, or articles of any type by bicycle.  Nothing  contained

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02317-09-3

S. 3461--B                          2

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  circu-
lars[.];
  (3)  "BICYCLE  OPERATOR"  SHALL  MEAN  A PERSON WHO RIDES A BICYCLE ON
BEHALF OF A BUSINESS USING A BICYCLE FOR COMMERCIAL PURPOSES, AND IS  AN
EMPLOYEE  OF  SUCH  BUSINESS  OR RECEIVES DIRECT COMPENSATION OR PAYMENT
FROM SUCH BUSINESS AS AN INDEPENDENT CONTRACTOR.
  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
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
identification number. Such business must issue to every bicycle  opera-
tor  an  identification  card which contains the name, three digit iden-
tification number and photo  of  the  bicycle  operator  and  the  name,
address  and telephone number of [the] SUCH business [by which the bicy-
cle operator is employed]. Such business shall ensure  that  such  iden-
tification  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 identifica-
tion card while [operating] RIDING 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 authorized by law.
  d. Every business using a bicycle for commercial purposes shall  main-
tain  a  roster  of  EVERY  bicycle [operators employed by] OPERATOR WHO
RIDES A BICYCLE ON BEHALF OF such business. Such  roster  shall  include
the  name  and place of residence address of every [employee operating a
bicycle on behalf of such business] SUCH BICYCLE OPERATOR, the date  [of
employment  and discharge of each such] SUCH BICYCLE OPERATOR BEGINS AND
ENDS RIDING A BICYCLE ON BEHALF OF SUCH BUSINESS WHETHER AS AN  employee
OR  INDEPENDENT  CONTRACTOR,  every such [employee's] BICYCLE OPERATOR'S
three digit identification number, and whether such  [employee]  BICYCLE
OPERATOR 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  transportation  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

S. 3461--B                          3

  (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
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  thereof]
A  BICYCLE  OPERATOR,  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 reflector mounted on the
spokes of each wheel; as well as other devices or material in accordance
with section 1236 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,
SECTION 19-176 OF THIS CODE, AND SECTIONS ELEVEN HUNDRED ELEVEN,  ELEVEN
HUNDRED  TWENTY-SEVEN,  TWELVE HUNDRED THIRTY-SIX, TWELVE HUNDRED FORTY,
AND TWELVE HUNDRED FORTY-ONE OF THE  VEHICLE  AND  TRAFFIC  LAW  of  any
[employees]  BICYCLE  OPERATORS 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 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

S. 3461--B                          4

fine and imprisonment]. 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 AND NOT MORE THAN TWO YEARS 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 proceeding in any court or  tribu-
nal  of  competent  jurisdiction or the environmental control board.  IT
SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION  OF  THIS  SECTION  BY  A
PERSON,  FIRM,  PARTNERSHIP, JOINT VENTURE, ASSOCIATION, CORPORATION, OR
OTHER ENTITY AS TO ANY PROVISION APPLICABLE TO A BUSINESS USING A  BICY-
CLE  FOR  COMMERCIAL PURPOSES, THAT SUCH PERSON OR ENTITY DID NOT EMPLOY
OR PROVIDE  DIRECT  COMPENSATION  TO  A  BICYCLE  OPERATOR,  BUT  RATHER
CONTRACTED  WITH  A BUSINESS OTHER THAN SUCH BICYCLE OPERATOR TO PROVIDE
DELIVERY SERVICES.
  h. Any [person who makes deliveries or otherwise] BICYCLE OPERATOR WHO
operates a bicycle [on behalf of a business using a bicycle for  commer-
cial  purposes]  without  carrying  the  identification sign required by
subdivision b of this section or  without  carrying  the  identification
card  required  by subdivision c of this section or who fails to produce
such identification sign or card upon demand pursuant to  such  subdivi-
sions,  or who fails to wear protective headgear required by subdivision
e of this section or the retro-reflective apparel required  by  subdivi-
sion 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  subdivisions  b,  c, e or i 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.
  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  jack-
et,  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
identification  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.
  S 3. Paragraph 1 of subdivision a of section 19-176 of the administra-
tive code of the city of New York, as added by local law number 6 of the
city of New York for the year 1996, is amended to read as follows:
  (1) The term "bicycle" shall mean a two or three wheeled  device  upon
which  a  person or persons may ride, propelled by human power through a
belt, a chain or gears, with such wheels in a tandem  or  tricycle,  AND
SHALL  ALSO  MEAN  ANY  WHEELED  MOTOR-ASSISTED DEVICE WHICH A PERSON OR
PERSONS MAY RIDE THAT IS NOT CAPABLE OF BEING REGISTERED BY THE NEW YORK
STATE DEPARTMENT OF MOTOR VEHICLES, except that  it  shall  not  include

S. 3461--B                          5

such a device having solid tires and intended for use only on a sidewalk
by a child.
  S  4. This act shall take effect on the one hundred fiftieth day after
it shall have become a law.

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