senate Bill S419B

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 02, 2012 print number 419d
amend and recommit to cities
Jan 04, 2012 referred to cities
Jun 24, 2011 committed to rules
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
amended 419c
Jun 07, 2011 1st report cal.1128
May 18, 2011 print number 419b
amend and recommit to cities
Apr 08, 2011 print number 419a
amend and recommit to cities
Mar 18, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to cities

Votes

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Jun 7, 2011 - Cities committee Vote

S419B
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Cities committee vote details

Cities Committee Vote: Jun 7, 2011

aye wr (1)

Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

Co-Sponsors

S419 - Bill Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §10-157, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S4528A

S419 - 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 sponsor memo
BILL NUMBER:S419

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:
Provides that a commercial bicycle operator and the business
affiliated with such operator utilizing or arranging for the delivery
of their products shall be liable for such bicyclist's violation(s)
of section 10-157 of the Administrative Code.

SUMMARY OF PROVISIONS:
This bill amends section 10-157 of the Administrative Code to
facilitate enforcement by authorities for commercial bicyclists and
businesses knowingly in violation of this section.

Section 2, subdivision b is expanded to include all commercial
cyclists 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.

Section 2, subdivision g moves the proceedings for any violation to
this section from the criminal court to the environmental control
board. It also allows individuals who break the traffic code to be
held liable for a civil penalty.

Section 2, subdivision f creates a rebuttable presumption that the
business utilizing or arranging for the services of the commercial
bicycle operator had knowledge that the bicyclist was in violation of
this section by failing to provide proper identification to the
commercial bicycle operator.

EXISTING LAW:
The New York City Administrative Code prohibits the operation of
bicycles on sidewalks due to the danger bicycles pose to pedestrians
in the event of a collision.

Section 10-157 of the Administrative Code applies to bicycles used for
commercial purposes. This section was created to enable the
authorities to enforce the prohibition of delivery bicycles traveling
recklessly on sidewalks by assigning liability to the business
providing for, or arranging for delivery service. This section
requires the business provide identification for the cyclist, with
the use of an identification card. Additionally, an obvious visual
means of identification with the name of the
establishment or a registered number identified solely with a
particular business address must be supplied to the commercial cyclist.

JUSTIFICATION:
Sidewalks were created for use by pedestrians and not for speeding
delivery bicycles attempting to shave minutes from their delivery
time at a heightened risk for community residents on foot. This
problem has been exacerbated by the difficulty experienced in
enforcing the current statutory provisions which prohibit this


activity, and assigning liability to the business utilizing or
arranging for the commercial bicycle delivery operator to complete
delivery.

Section 10-157 does require 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, any violation of this section will be brought before the
environmental control board for ease of prosecution as opposed to the
criminal court currently the court of jurisdiction. Secondly, this
proposal will create a rebuttable presumption that the business
utilizing the services of the cyclist was fully aware of the lack of
identification associating the cyclist with the business. This
rebuttable presumption will make them 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 and 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 IMPLICATIONS:
Some increased revenue for the City through the imposition of fines to
those in violation.

EFFECTIVE DATE:
Shall take effect on the first of November next succeeding the date on
which is shall become law.

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

                                   419

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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, 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.

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

S. 419                              2

  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.
  (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.

S. 419                              3

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.

Co-Sponsors

S419A - Bill Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §10-157, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S4528A

S419A - 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 sponsor memo
BILL NUMBER:S419A

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:
Provides that a commercial bicycle operator and the business
affiliated with such operator utilizing or arranging for the delivery
of their products shall be liable for such bicyclist's violation(s)
of section 10-157 of the Administrative Code.

SUMMARY OF PROVISIONS:
This bill amends section 10-157 of the Administrative Code to
facilitate enforcement by authorities for commercial bicyclists and
businesses knowingly in violation of this section.

Section 2, subdivision b is expanded to include all commercial
cyclists 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.

Section 2, subdivision g moves the proceedings for any violation to
this section from the criminal court to the environmental control
board. It also allows individuals who break the traffic code to be
held liable for a civil penalty.

Section 2, subdivision f creates a rebuttable presumption that the
business utilizing or arranging for the services of the commercial
bicycle operator had knowledge that the bicyclist was in violation of
this section by failing to provide proper identification to the
commercial bicycle operator.

Section 2, subdivision i clarifies that the provisions of this section
only apply to the direct employer of the bicycle operator and not to
a company which hires a messenger service.

EXISTING LAW:
The New York City Administrative Code prohibits the operation of
bicycles on sidewalks due to the danger bicycles pose to pedestrians
in the event of a collision.

Section 10-157 of the Administrative Code applies to bicycles used for
commercial purposes. This section was created to enable the
authorities to enforce the prohibition of delivery bicycles traveling
recklessly on sidewalks by assigning liability to the business
providing for, or
arranging for delivery service. This section requires the business
provide identification for the cyclist, with the use of an
identification card. Additionally, an obvious visual means of
identification with the name of the establishment or a registered
number identified solely with a particular business address must be
supplied to the commercial cyclist.

JUSTIFICATION:


Sidewalks were created for use by pedestrians and not for speeding
delivery bicycles attempting to shave minutes from their delivery
time at a heightened risk for community residents on foot. This
problem has been exacerbated by the difficulty experienced in
enforcing the current statutory provisions which prohibit this
activity, and assigning liability to the business utilizing or
arranging for the commercial bicycle delivery operator to complete
delivery.
Section 10-157 does require 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, any violation of this section will be brought before the
environmental control board for ease of prosecution as opposed to the
criminal court currently the court of jurisdiction. Secondly, this
proposal will create a rebuttable presumption that the business
utilizing the services of the cyclist was fully aware of the lack of
identification associating the cyclist with the business. This
rebuttable presumption will make them 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 and 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 IMPLICATIONS:
Some increased revenue for the City through the imposition of fines to
those in violation.

EFFECTIVE DATE:
Shall take effect on the first of November next succeeding the date on
which is shall become law.

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

                                 419--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KRUEGER, SQUADRON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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.
                                                           LBD00693-02-1

S. 419--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.

S. 419--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.
  I.  FOR THE PURPOSES OF THIS SECTION, A BICYCLE OPERATOR SHALL ONLY BE
CONSIDERED TO BE EMPLOYED OR AFFILIATED WITH AN ENTITY WHEN SUCH  ENTITY
PROVIDES  DIRECT  COMPENSATION  TO  THAT  BICYCLE OPERATOR, EITHER AS AN
EMPLOYEE OR CONTRACTOR. PERSONS OR ENTITIES THAT  HIRE  OTHER  FIRMS  TO

S. 419--A                           4

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

S419B - Bill Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §10-157, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S4528A

S419B - 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 sponsor memo
BILL NUMBER:S419B

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:
Provides that a commercial bicycle operator and the business
affiliated with such operator utilizing or arranging for the delivery
of their products shall be liable for such bicyclist's violation(s)
of section 10-157 of the Administrative Code.

SUMMARY OF PROVISIONS:
This bill amends section 10-157 of the
Administrative Code to facilitate enforcement by authorities for
commercial bicyclists and businesses knowingly in violation of this
section.

The definition of a business using a bicycle for commercial purposes
is expanded to include all commercial cyclists 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.

Section 2, subdivision g moves the proceedings for any violation to
this section from the criminal court to the environmental control
board. It also allows individuals who break the traffic code to be
held liable for a civil penalty.

Section 2, subdivision i creates a rebuttable presumption that the
business utilizing or arranging for the services of the commercial
bicycle operator had knowledge that the bicyclist was in violation of
this section by failing to provide proper identification to the
commercial bicycle operator.

Section 2, subdivision j clarifies that this section shall not apply
to those businesses which hire a messenger service.

EXISTING LAW:
The New York City Administrative Code prohibits the
operation of bicycles on sidewalks due to the danger bicycles pose to
pedestrians in the event of a collision.

Section 10-157 of the Administrative Code applies to bicycles used for
commercial purposes. This section was created to enable the
authorities to enforce the prohibition of delivery bicycles traveling
recklessly on sidewalks by assigning liability to the business
providing for, or arranging for delivery service. This section
requires the business provide identification for the cyclist, with
the use of an identification card.
Additionally, an obvious visual means of identification with the name
of the establishment or a registered number identified solely with a
particular business address must be supplied to the commercial cyclist.

JUSTIFICATION:


Sidewalks were created for use by pedestrians and not for speeding
delivery bicycles attempting to shave minutes from their delivery
time at a heightened risk for community residents on foot. This
problem has been exacerbated by the difficulty experienced in
enforcing the current statutory provisions which prohibit this
activity, and assigning liability to the business utilizing or
arranging for the commercial bicycle delivery operator to complete
delivery.

Section 10-157 does require 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, any violation of this section will be brought before the
environmental control board for ease of prosecution as opposed to the
criminal court currently the court of jurisdiction. Secondly, this
proposal will create a rebuttable presumption that the business
utilizing the services of the cyclist was fully aware of the lack of
identification associating the cyclist with the business. This
rebuttable presumption will make them 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 and 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 IMPLICATIONS:
Some increased revenue for the City through the
imposition of fines to those in violation.

EFFECTIVE DATE:
Shall take effect on the first of November next
succeeding the date on which is shall become law.

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

                                 419--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KRUEGER, SQUADRON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00693-06-1

S. 419--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]  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;

S. 419--B                           3

  (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 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. SERVICE OF A NOTICE OF VIOLATION
OF  THIS SECTION OR ANY OF THE RULES OR REGULATIONS PROMULGATED PURSUANT
HERETO MAY BE MADE UPON SUCH BUSINESS  BY  SERVICE  OF  SUCH  NOTICE  OF
VIOLATION  UPON  A  BICYCLE OPERATOR EMPLOYED BY OR AFFILIATED WITH SUCH
BUSINESS.
  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, THERE SHALL BE A REBUTTABLE
PRESUMPTION THAT SUCH BUSINESS UTILIZING THE  SERVICES  OF  THE  BICYCLE

S. 419--B                           4

OPERATOR HAD KNOWLEDGE THAT THE BICYCLE OPERATOR WAS IN VIOLATION OF ANY
SUBDIVISION OF THIS SECTION.
  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

S419C - Bill Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §10-157, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S4528A

S419C - 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 sponsor memo
BILL NUMBER:S419C REVISED 06/16/11

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:
Provides that a commercial bicycle operator and the business
affiliated with such operator utilizing or arranging for the delivery
of their products shall be liable for such bicyclist's violation{s}
of section 10-157 of the Administrative Code.

SUMMARY OF PROVISIONS:
This bill amends section 10-157 of the
Administrative Code to facilitate enforcement by authorities for
commercial bicyclists and businesses knowingly in violation of this
section.

The definition of a business using a bicycle for commercial purposes
is expanded to include all commercial cyclists 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.

Section 2, subdivision g individuals who break the traffic code to be
held liable for a civil penalty and such proceedings will take place
before the environmental control board. This penalty is in addition
to a criminal penalty.

Section 2, subdivision i states that the business utilizing or
arranging for the services of the commercial bicycle operator is
vicariously liable for the actions of its employee.

Section 2, subdivision j clarifies that this section shall not apply
to those businesses which hire a messenger service.

EXISTING LAW:
The New York City Administrative Code prohibits the
operation of bicycles on sidewalks due to the danger bicycles pose to
pedestrians in the event of a collision.

Section 10-157 of the Administrative Code applies to bicycles used for
commercial purposes. This section was created to enable the
authorities to enforce the prohibition of delivery bicycles traveling
recklessly on sidewalks by assigning liability to the business
providing for, or arranging for delivery service. This section
requires the business provide identification for the cyclist, with
the use of an identification card. Additionally, an obvious visual
means of identification with the name of the establishment or a
registered number identified solely with a particular business
address must be supplied to the commercial cyclist.

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 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 may 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 and 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 IMPLICATIONS:
Some increased revenue for the
City through the
imposition of fines to those in violation.

EFFECTIVE DATE:
Shall take effect on the first of November next
succeeding the date on which is shall become law.

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

                                 419--C
    Cal. No. 1128

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KRUEGER, SQUADRON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  reported favorably from  said  committee,  ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place in the order of second report

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00693-08-1

S. 419--C                           2

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
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:

S. 419--C                           3

  (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 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

S. 419--C                           4

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

S419D (ACTIVE) - Bill Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §10-157, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S4528A

S419D (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 sponsor memo
BILL NUMBER:S419D

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:
Provides that a commercial bicycle operator and the business
affiliated with such operator utilizing or arranging for the delivery
of their products shall be liable for such bicyclist's violation{s}
of section 10-157 of the Administrative Code.

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 commercial cyclists 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.

A sign with the name of the business, and a three digit identification
number must be affixed to the rear of each bicycle. Each bicycle
operator must wear a jacket or vest with the name of the business and
the operator's individual identification number while making
deliveries.

Subdivision b is amended to require the business to provide a numbered
identification card with the name, residence address and photo of the
bicycle operator and the name, address and telephone number of the
business.

Subdivision c is amended to require a business using a bicycle for
commercial purposes to maintain a log book with the name and address
of every bicycle operator or independent contractor.

Subdivision d is amended to require any business using commercial
bicycle operators or operators as independent contractors to file an
annual report detailing the number of bicycles owned and the identity
of all bicycle operators working for or working as independent
contractors for the business.

Subdivision e requires the owner of the business using a bicycle for
commercial purposes to provide protective headgear for each operator.
Each operator must wear the helmet provided.

Subdivision f requires the owner of a business to ensure each bicycle
is properly outfitted with all devices in accordance with section
1236 of the vehicle and traffic law.

Subdivision g individuals who violate the traffic code are to be held
liable for a civil penalty and such proceedings will take place
before the environmental control board. This penalty is 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.

Subdivision i states that any bicycle operator or independent
contractor shall only be considered employed by the business when the
business provides direct compensation to that bicycle operator or
independent contractor.
Clarifies that those other firms hired to provide delivery and
messenger services shall not be subject to the provisions of this
section.

Section 2 Effective date

EXISTING LAW:
The New York City Administrative Code prohibits the operation of
bicycles on sidewalks due to the danger bicycles pose to pedestrians
in the event of a collision.

Section 10-157 of the Administrative Code applies to bicycles used for
commercial purposes. This section was created to enable the
authorities to enforce the prohibition of delivery bicycles traveling
recklessly on sidewalks by assigning liability to the business
providing for, or arranging for delivery service. This section
requires the business provide identification for the cyclist, with
the use of an identification card. Additionally, an obvious visual
means of identification with the name of the establishment or a
registered number identified solely with a particular business
address must be supplied to the commercial cyclist.

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 may 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 and 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 IMPLICATIONS:
Some increased revenue for the City through the imposition of fines to
those in violation.

EFFECTIVE DATE:
Shall take effect on the 150th day after becoming law.

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

                                 419--D

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KRUEGER, SQUADRON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  reported favorably from  said  committee,  ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place in the order of second report -- recom-
  mitted to the Committee on Cities in accordance with  Senate  Rule  6,
  sec.  8  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00693-15-2

S. 419--D                           2

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
  (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

S. 419--D                           3

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
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-

S. 419--D                           4

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
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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