S T A T E O F N E W Y O R K
________________________________________________________________________
2012
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the regis-
tering of the pedicab industry
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 130-b to read as follows:
S 130-B. PEDICAB. A TWO OR MORE 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, USED IN THE BUSINESS OF
TRANSPORTING PASSENGERS FOR COMPENSATION.
S 2. The subdivision heading, the opening paragraph, and schedule C of
subdivision 7 of section 401 of the vehicle and traffic law, as amended
by chapter 55 of the laws of 1992, are amended to read as follows:
Registration fees for auto trucks, tractors, buses, taxicabs, PEDI-
CABS, livery and certain other motor vehicles. The registration fees to
be paid upon the registration or reregistration, in accordance with the
provisions of this article, of buses, of motor vehicles constructed or
specially equipped for the transportation of goods, wares and merchan-
dise, commonly known as auto trucks or light delivery cars, of taxicabs,
PEDICABS, livery and of certain other motor vehicles specified herein
are hereby established as follows:
C. Schedule for taxicabs, PEDICABS and livery. For each taxicab, PEDI-
CAB or livery having a seating capacity for passengers, excluding the
driver, of five persons or less, the annual fee of twenty-five dollars
and thirty cents. For each such vehicle having a seating capacity for
passengers, excluding the driver, of not less than six persons, nor more
than seven persons, the annual fee of forty-one dollars and forty cents.
For each such vehicle having a seating capacity for passengers, exclud-
ing the driver, of at least eight persons, but not more than ten
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05372-01-9
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persons, the annual fee of fifty-one dollars and seventy-five cents. For
each such vehicle having a seating capacity for passengers, excluding
the driver, of at least eleven persons, but not more than fourteen
persons, the annual fee of seventy-three dollars and sixty cents. Any
registration issued pursuant to this schedule shall be revoked upon
receipt by the commissioner of a notice of revocation of any license or
permit necessary for the issuance of such registration from the local
authority which issued such license or permit, or upon receipt of
evidence by the commissioner that the registrant has been convicted of a
violation of any local law requiring the issuance of a license or permit
in order to engage in for-hire operation. Provided, however, that upon
surrender to the commissioner of any such revoked registration and
number plates and upon payment of the proper registration fee, a regis-
tration may be issued for the vehicle for which such registration has
been revoked pursuant to the provisions of subdivision six of this
section.
S 3. The vehicle and traffic law is amended by adding a new section
498-a to read as follows:
S 498-A. PEDICAB OPERATION. 1. PERMIT. NOTWITHSTANDING ANY INCONSIST-
ENT PROVISIONS OF LAW, WHERE A CITY WITH A POPULATION OF ONE MILLION OR
MORE REQUIRES THE LICENSING OF A MOTOR VEHICLE USED TO PICK UP ONE OR
MORE PASSENGERS IN SUCH CITY FOR-HIRE, SUCH CITY SHALL ISSUE A PERMIT
FOR PEDICAB OPERATION, PROVIDED THAT THE TRANSPORTATION PROVIDED BY SUCH
PEDICAB DRIVER COMPLIES WITH THE REQUIREMENTS OF FOR-HIRE VEHICLES AND
ANY SAFETY REGULATIONS PROMULGATED BY AN AGENCY DESIGNATED BY SUCH CITY
AND PROVIDED FURTHER THAT THE OWNER OF SUCH PEDICAB IS THE HOLDER OF A
VALID REGISTRATION ISSUED BY THE COMMISSIONER FOR WHICH A REGISTRATION
FEE HAS BEEN PAID PURSUANT TO SCHEDULE C OF SUBDIVISION SEVEN OF SECTION
FOUR HUNDRED ONE OF THIS TITLE.
2. ISSUANCE AND RENEWAL OF PERMIT. SUCH CITY SHALL ISSUE OR RENEW SUCH
PERMIT FOR EACH PEDICAB DRIVER PROVIDED THAT, IN ADDITION TO THE CONDI-
TIONS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION: (A) THE APPLICANT
PAYS AN ANNUAL FEE FOR EACH PERMIT OF FIFTEEN DOLLARS;
(B) THE PEDICAB SHALL BE DRIVEN ONLY BY THE HOLDER OF SUCH PERMIT
WHICH IS VALID FOR THE FOR-HIRE OPERATION OF THE PEDICAB IN THIS STATE;
(C) SUCH DRIVER HAS SUCCESSFULLY COMPLETED THE LIVERY VEHICLE SAFETY
TRAINING PROGRAM AS PROVIDED BY SECTION EIGHT HUNDRED THIRTY-SEVEN-H OF
THE EXECUTIVE LAW OR SUCH OTHER SAFETY TRAINING PROGRAM AS PROVIDED AND
REQUIRED BY THE AGENCY DESIGNATED BY SUCH CITY;
(D) SUCH DRIVER HAS BEEN FINGERPRINTED FOR THE PURPOSE OF SECURING AND
REVIEWING HIS OR HER CRIMINAL HISTORY RECORDS;
(E) THE APPLICANT HAS COMPLIED WITH ANY REQUIREMENTS OF SUCH CITY TO
OBTAIN A LICENSE FOR THE OPERATION OF TWO-WAY RADIO OR OTHER COMMUNI-
CATION SYSTEMS USED FOR DISPATCHING OR CONVEYING INFORMATION TO DRIVERS
OF FOR-HIRE VEHICLES, PROVIDED THAT IN NO EVENT SHALL THE APPLICANT BE
REQUIRED TO PAY A FEE FOR SUCH LICENSE; AND
(F) THE APPLICANT HAS NOT HAD A PERMIT REVOKED OR HAS NOT BEEN REFUSED
RENEWAL OF A PERMIT PURSUANT TO SUBDIVISION SIX OR SEVEN OF THIS
SECTION.
ANY SUCH PERMIT ISSUED BY SUCH CITY SHALL BE VALID ONLY WHILE THE
REGISTRATION OF THE PEDICAB REMAINS VALID.
3. INSPECTION. ALL PEDICABS THAT RECEIVE A PERMIT FROM SUCH CITY
PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE INSPECTED AT OFFI-
CIAL INSPECTION STATIONS LICENSED BY THE COMMISSIONER PURSUANT TO THE
REGULATIONS OF THE COMMISSIONER. SUCH CITY MAY CONDUCT ON-STREET
INSPECTIONS OF SUCH PEDICABS. AN OWNER SHALL BE ORDERED BY SUCH CITY TO
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REPAIR OR REPLACE THE PEDICAB FOR WHICH SUCH PERMIT WAS ISSUED WHERE IT
APPEARS THAT IT NO LONGER MEETS THE REASONABLE STANDARDS FOR SAFE OPERA-
TION PRESCRIBED BY REGULATIONS OF AN AGENCY DESIGNATED BY SUCH CITY.
UPON FAILURE OF SUCH OWNER TO HAVE HIS OR HER MOTOR VEHICLE INSPECTED OR
TO COMPLY WITH ANY SUCH ORDER OF SUCH CITY WITHIN TEN DAYS AFTER SERVICE
THEREOF, THE PERMIT SHALL BE SUSPENDED. UPON FAILURE OF SUCH OWNER TO
COMPLY WITH ANY SUCH ORDER OF SUCH CITY WITHIN ONE HUNDRED TWENTY DAYS
AFTER SERVICE THEREOF, THE PERMIT MAY, AT THE DISCRETION OF SUCH CITY,
BE DEEMED TO HAVE BEEN ABANDONED BY SUCH OWNER.
4. USE OF PERMIT. THE PERMIT ISSUED BY SUCH CITY SHALL BE IN SUCH FORM
AND BE DISPLAYED ON THE PEDICAB FOR WHICH IT IS ISSUED IN SUCH MANNER AS
AN AGENCY DESIGNATED BY SUCH CITY SHALL PRESCRIBE BY REGULATION.
5. CIVIL PENALTIES FOR VIOLATIONS. NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF LAW, VIOLATIONS OF ANY OF THE PROVISIONS OF THIS SECTION OR
OF ANY REGULATIONS PROMULGATED BY AN AGENCY DESIGNATED BY SUCH CITY
SHALL BY ADJUDICATED BY AN ADMINISTRATIVE TRIBUNAL OF AN AGENCY AUTHOR-
IZED PURSUANT TO THE CHARTER OF SUCH CITY TO ADJUDICATE VIOLATIONS OF
LOCAL LAWS, RULES AND REGULATIONS PERTAINING TO FOR-HIRE VEHICLES AS IF
IT WERE A VIOLATION RELATING TO FOR-HIRE VEHICLES, PROVIDED, HOWEVER,
THAT THE CIVIL PENALTIES IMPOSED BY SUCH ADMINISTRATIVE TRIBUNAL SHALL
BE THE CIVIL PENALTIES PROVIDED IN THIS SUBDIVISION. JUDGMENTS BASED ON
SUCH ADJUDICATIONS MAY BE ENTERED AND ENFORCED WITHOUT COURT PROCEEDINGS
IN ACCORDANCE WITH THE PROVISIONS OF SUCH CHARTER PERTAINING TO THE
ENFORCEMENT OF JUDGMENTS RELATING TO FOR-HIRE VEHICLES.
6. FALSE STATEMENTS. IF ANY SUCH CITY, AFTER REVIEWING AN APPLICATION
FOR A PERMIT AND AFTER APPROPRIATE INVESTIGATION OR HEARING AFFORDING
THE APPLICANT AN OPPORTUNITY TO BE HEARD, FINDS THAT THE APPLICANT MADE
A MATERIAL FALSE STATEMENT OR CONCEALED A MATERIAL FACT IN CONNECTION
WITH SUCH APPLICATION, SUCH CITY MAY DENY ISSUANCE OF THE PERMIT OR MAY
REFUSE TO RENEW, OR MAY SUSPEND OR REVOKE ANY SUCH PERMIT.
7. REVOCATION AND REFUSAL TO RENEW BASED ON PAST VIOLATIONS. WHERE THE
HOLDER OF A PERMIT ISSUED PURSUANT TO THIS SECTION HAS BEEN FOUND TO
HAVE COMMITTED TWO OR MORE VIOLATIONS OF ANY OF THE PROVISIONS OF THIS
SECTION WITH RESPECT TO A PARTICULAR PEDICAB WITHIN A TWELVE MONTH PERI-
OD, SUCH CITY MAY REVOKE OR REFUSE TO RENEW THE PERMIT FOR SUCH PEDICAB
AS WELL AS THE PERMIT OR PERMITS ISSUED PURSUANT TO THIS SECTION FOR
OTHER PEDICABS OWNED OR OPERATED BY SUCH HOLDER.
8. EFFECT OF APPLICATION OR ISSUANCE ON DOING BUSINESS OR OTHER MONE-
TARY ASSESSMENT. NO PERSON WHO APPLIES FOR A PERMIT OR TO WHOM A PERMIT
IS ISSUED SHALL, SOLELY BY VIRTUE OF HAVING APPLIED FOR SUCH PERMIT OR
HAVING BEEN ISSUED SUCH PERMIT, BE DEEMED TO BE DOING BUSINESS WITHIN
SUCH CITY IF SUCH PERSON WOULD NOT HAVE BEEN DEEMED TO BE DOING BUSINESS
HAD HE OR SHE NOT APPLIED FOR OR RECEIVED SUCH PERMIT. NO PERSON WHO HAS
APPLIED FOR SUCH PERMIT OR TO WHOM A PERMIT IS ISSUED SHALL, SOLELY BY
VIRTUE OF HAVING APPLIED FOR SUCH PERMIT OR HAVING BEEN ISSUED SUCH
PERMIT, BE SUBJECT TO ANY FEE, TAX, ASSESSMENT, OR THE LIKE, OTHER THAN
THE FEE IMPOSED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
SECTION, FOR WHICH SUCH PERSON WOULD NOT HAVE BEEN LIABLE HAD HE OR SHE
NOT APPLIED FOR OR RECEIVED SUCH PERMIT. NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO EXEMPT ANY PERSON FROM ANY FEE, TAX, ASSESSMENT OR THE
LIKE OF SUCH CITY TO WHICH SUCH PERSON IS OTHERWISE SUBJECT.
9. REGULATIONS. AN AGENCY DESIGNATED BY SUCH CITY IS AUTHORIZED TO
PROMULGATE SUCH REGULATIONS AS MAY BE NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.
S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
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ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.