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Assembly Bill A6741

2011-2012 Legislative Session

Requires employers to provide bicycle delivery persons with protective headgear

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Archive: Last Bill Status - In Assembly Committee

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2011-A6741 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add ยง202-l, Lab L

2011-A6741 (ACTIVE) - Summary

Enacts the bicycle delivery person protection act; requires employers to provide bicycle delivery persons with protective headgear.

2011-A6741 (ACTIVE) - Bill Text download pdf 

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

                                  6741

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 28, 2011
                               ___________

Introduced  by  M.  of A. KAVANAGH, LANCMAN -- read once and referred to
  the Committee on Labor

AN ACT to amend the labor law,  in  relation  to  enacting  the  bicycle
  delivery person protection act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "bicycle delivery person protection act".
  S 2. The labor law is amended by adding a new section 202-l to read as
follows:
  S  202-1.    BICYCLE  OPERATOR SAFETY. 1. EVERY PERSON OR ENTITY 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:
  (A) SHALL PROVIDE, AT ITS OWN EXPENSE,  PROTECTIVE  HEADGEAR  SUITABLE
FOR  EACH  BICYCLE  OPERATOR  AND MEETING THE STANDARDS SET FORTH BY THE
CONSUMER PRODUCT SAFETY COMMISSION IN PART 1203 OF TITLE 16 OF THE  CODE
OF  FEDERAL  REGULATIONS, AND SHALL ENSURE THAT SUCH PROTECTIVE HEADGEAR
IS PROPERLY WORN BY THE BICYCLE  OPERATOR  WHILE  MAKING  DELIVERIES  OR
OTHERWISE OPERATING A BICYCLE ON BEHALF OF SUCH BUSINESS; AND
  (B) SHALL ENSURE THAT EACH BICYCLE OPERATED IN THE COURSE OF ITS BUSI-
NESS MEETS THE REQUIREMENTS SET FORTH IN SECTION 1236 OF THE VEHICLE AND
TRAFFIC LAW.
  2.  ANY PERSON OR ENTITY RESPONSIBLE FOR PROVIDING PROTECTIVE HEADGEAR
TO A BICYCLE OPERATOR SHALL BE  LIABLE  FOR  A  CIVIL  PENALTY  FOR  ANY
VIOLATION  OF  ANY  PROVISIONS  OF THIS SECTION. SUCH VIOLATION SHALL BE
TRIABLE IN A PROCEEDING BEFORE A HEARING OFFICER OF THE DEPARTMENT  AND,
UPON  CONVICTION OF A PERSON OR ENTITY, SHALL BE PUNISHABLE BY A FINE OF
FIVE HUNDRED DOLLARS FOR EACH  VIOLATION.  SUCH  CIVIL  PENALTY  MAY  BE
RECOVERED IN AN ACTION OR PROCEEDING IN ANY COURT OF COMPETENT JURISDIC-
TION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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