assembly Bill A5587B

2011-2012 Legislative Session

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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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 03, 2012 print number 5587b
amend and recommit to cities
Jan 04, 2012 referred to cities
Jun 16, 2011 print number 5587a
amend and recommit to cities
Feb 23, 2011 referred to cities

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

A5587 - Bill Details

See Senate Version of this Bill:
S419D
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §10-157, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
A407A, S4528A

A5587 - Bill Texts

view 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5587

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

Introduced  by M. of A. KAVANAGH, STEVENSON -- read once and referred 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,  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00693-01-1

A. 5587                             2

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.
  (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.

A. 5587                             3

  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.

Co-Sponsors

A5587A - Bill Details

See Senate Version of this Bill:
S419D
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §10-157, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
A407A, S4528A

A5587A - Bill Texts

view 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5587--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

Introduced  by  M.  of  A. KAVANAGH, STEVENSON, LANCMAN -- read once and
  referred to the Committee on  Cities  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00693-09-1

A. 5587--A                          2

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;
  (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

A. 5587--A                          3

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.
  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 SUCH BUSINESS SHALL BE  VICARI-
OUSLY LIABLE FOR THE ACTS OF ANY BICYCLE OPERATORS EMPLOYED BY OR OTHER-
WISE AFFILIATED WITH SUCH BUSINESS.
  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.

Co-Sponsors

A5587B (ACTIVE) - Bill Details

See Senate Version of this Bill:
S419D
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §10-157, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
A407A, S4528A

A5587B (ACTIVE) - Bill Texts

view 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5587--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

Introduced  by  M.  of  A. KAVANAGH, STEVENSON, LANCMAN -- read once and
  referred to the Committee on  Cities  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- 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] 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 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. A BUSINESS USING A BICYCLE FOR COMMERCIAL PURPOSES
shall provide identification 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 busi-
ness and a three digit identification number which identifies the  bicy-
cle 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 condi-
tion thereon; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00693-14-2

A. 5587--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] BUSINESS WITH  WHICH  the
bicycle  operator  is  employed  OR  OTHERWISE WORKING AS AN INDEPENDENT
CONTRACTOR.  Such identification card must be  carried  by  the  bicycle
operator while the [cyclist] BICYCLE OPERATOR 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  enforce-
ment 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 OPERATOR, the date of
employment OR STATUS AS AN INDEPENDENT CONTRACTOR and discharge of  each
person  in  said service, and every messenger or delivery person's iden-
tification number. The owner of any SUCH business [engaged in  providing
a  service as authorized in this section] USING A BICYCLE FOR COMMERCIAL
PURPOSES 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 offi-
cer 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  WORKING AS AN INDEPENDENT CONTRACTOR 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 WORKING AS AN INDEPENDENT CONTRACTOR  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

A. 5587--B                          3

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.
  (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 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; 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
violation  of]  A  PERSON  OR  BUSINESS  USING  A BICYCLE FOR COMMERCIAL
PURPOSES THAT VIOLATES 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]  LIABLE  FOR  A CIVIL PENALTY of not less than one hundred dollars
[nor] AND NOT more than two hundred [and] fifty dollars [or imprisonment
for not more than fifteen days or both such fine and imprisonment] WHICH
MAY BE RECOVERED AGAINST A BICYCLE OPERATOR OR AGAINST A BUSINESS  USING
A  BICYCLE  FOR  COMMERCIAL PURPOSES IN A PROCEEDING BEFORE THE ENVIRON-
MENTAL CONTROL BOARD.
  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.] ANY BUSINESS USING A
BICYCLE FOR COMMERCIAL PURPOSES SHALL  BE  VICARIOUSLY  LIABLE  FOR  ANY
CIVIL  PENALTY  IMPOSED ON ANY BICYCLE OPERATOR EMPLOYED BY OR OTHERWISE
WORKING AS AN INDEPENDENT CONTRACTOR WITH SUCH BUSINESS WHEN SUCH PENAL-
TY IS THE RESULT OF A  VIOLATION  OF  ANY  PROVISION  OF  THIS  SECTION,
SECTION 19-176 OF THIS CODE, OR SECTION ONE THOUSAND ONE HUNDRED ELEVEN,
SECTION  ONE THOUSAND ONE HUNDRED TWENTY-SEVEN, SECTION ONE THOUSAND TWO

A. 5587--B                          4

HUNDRED THIRTY-SIX, SECTION ONE THOUSAND TWO HUNDRED FORTY, SECTION  ONE
THOUSAND TWO HUNDRED FORTY-ONE OF THE VEHICLE AND TRAFFIC LAW.
  I.  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.

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