S T A T E O F N E W Y O R K
________________________________________________________________________
407--A
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Cities -- 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00892-02-0
A. 407--A 2
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 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.
A. 407--A 3
(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 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.