senate Bill S3461B

2013-2014 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

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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
Jun 20, 2014 committed to rules
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.541
Jan 08, 2014 referred to cities
Jun 21, 2013 committed to rules
Jun 11, 2013 amended on third reading 3461b
Jun 04, 2013 advanced to third reading
amended 3461a
Jun 03, 2013 2nd report cal.
May 30, 2013 1st report cal.926
Feb 04, 2013 referred to cities

Votes

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May 6, 2014 - Cities committee Vote

S3461B
4
1
committee
4
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Cities Committee Vote: May 6, 2014

nay (1)
aye wr (1)

May 30, 2013 - Cities committee Vote

S3461
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 30, 2013

aye wr (1)

Bill Amendments

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

Co-Sponsors

S3461 - Bill Details

See Assembly Version of this Bill:
A224B
Current Committee:
Senate Rules
Law Section:
New York City Administrative Code
Laws Affected:
Amd §10-157 & 19-176, NYC Ad Cd
Versions Introduced in Previous Legislative Sessions:
2011-2012: A5587B, S419D
2009-2010: A407A, S4528A

S3461 - 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.

view sponsor memo
BILL NUMBER:S3461 REVISED 5/29/13

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: Expands Section 10-157 of the NYC administrative code to
include business entities or independent contractors which deliver
articles of any type by bicycle.

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 bicycle operators 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.

Subdivision c is amended to add independent contractors to the
requirement that businesses provide a three digit identification card
with the name, residence address and photo of the bicycle operator and
the name, address and telephone number of the business for which they
are employed.

Subdivision d is amended to add independent contractors to the
requirement that a business using a bicycle for commercial purposes to
maintain a roster of bicycle operators employed by such business.

Subdivision f is amended to add independent contractors to the
requirement that the owner of a business ensure each bicycle owned by
the business, employee or independent contractor is properly outfitted
with all devices in accordance with section twelve hundred thirty-six
of the vehicle and traffic law.

Subdivision g is amended to make the a violation liable for a civil
penalty of not less than one hundred dollars nor more than two hundred
fifty dollars which may be recovered against a bicycle operator or
against a business using a bicycle for commercial purposes in a
proceeding before the environmental control board. This civil penalty
may be 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.

Section two sets for the effective date.

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 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 end 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 IMPACT ON THE STATE: Some increased revenue for the City
through the imposition of fines to those in violation.

EFFECTIVE DATE: This act shall take effect on the one hundred fiftieth
day after it shall have become a law.

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

                                  3461

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

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, as amended by local law number 56 of the city of New York  for
the year 2012, paragraph 3 of subdivision e as added by local law number
54  of the city of New York for the year 2012, subdivision i as added by
local law number 52 of the city of New York for the year 2012 and subdi-
vision j as added by local law number 55 of the city of New York for the
year 2012, is amended to read as follows:
  S 10-157 Bicycles used for commercial purposes. a.   For  purposes  of
this section, the following terms shall have the following meanings:
  (1) "bicycle" shall have the same meaning as in section 19-176 of this
code,  and  shall  also mean any wheeled device propelled exclusively by
human power as well as any motor-assisted device that is not capable  of
being registered by the New York state department of motor vehicles;
  (2)  "business  using  a bicycle for commercial purposes" shall mean a
person, firm, partnership, joint venture, association,  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. Nothing contained in
this section shall be construed as applying to persons under the age  of
sixteen who use a bicycle only to deliver daily newspapers or circulars.
  b.  A  business  using a bicycle for commercial purposes shall provide
identification of such business by requiring every bicycle to be identi-
fied by affixing to the rear of each bicycle, bicycle seat or both sides
of the delivery basket, a metal or plastic sign measuring no  less  than
three inches by five inches, with the name of [the] SUCH business and an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02317-03-3

S. 3461                             2

identification number unique to that particular bicycle in lettering and
numerals no less than one inch in height so as to be plainly readable at
a distance of not less than ten feet and maintaining same in good condi-
tion thereon. A sign is no longer in good condition if it is missing any
of its component parts or is otherwise damaged so as to impair its func-
tionality.
  c.  Every business using a bicycle for commercial purposes must assign
to every bicycle operator employed by such business a three digit  iden-
tification number. Such business must issue to every bicycle operator an
identification  card which contains the name, three digit identification
number and photo of the bicycle operator and the name, address and tele-
phone number of the business by which the bicycle operator  is  employed
OR  OTHERWISE  WORKING AS AN INDEPENDENT CONTRACTOR. Such business shall
ensure that such identification card is carried by the bicycle  operator
while  such bicycle operator is making deliveries[,] or otherwise riding
a bicycle on behalf of the business, and  such  bicycle  operator  shall
carry  such  identification  card while operating a bicycle on behalf of
such business. Such bicycle operator shall be required to  produce  such
identification  upon  the demand of an authorized employee of the police
department or department of transportation or any other  person  author-
ized by law.
  d.  Every business using a bicycle for commercial purposes shall main-
tain a roster of bicycle  operators  employed  by  such  business.  Such
roster  shall  include  the name and place of residence address of every
employee OR INDEPENDENT CONTRACTOR operating a bicycle on behalf of such
business, the date of employment and discharge of each such employee  OR
INDEPENDENT CONTRACTOR, every such employee's three digit identification
number,  and  whether  such  employee  has  completed the bicycle safety
course required by paragraph 3 of subdivision e  of  this  section.  The
owner  of  any business using a bicycle for commercial purposes shall be
responsible for maintaining such  roster.  Such  roster  shall  be  made
available  for inspection during regular and usual business hours or any
other such time that such entity is open for business upon request of an
authorized employee of the police department or department of  transpor-
tation or any other person authorized by law.
  e.  (1)  The  owner  of  any  business  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 site of the business using a bicycle
for commercial purposes 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 of this subdivision while making  deliv-
eries  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.
  (3)  Each  bicycle  operator  shall  be required to complete a bicycle
safety course. For purposes of this  section,  "bicycle  safety  course"
shall  mean  information  provided  by the department of transportation,
regarding safe bicycling and adherence to traffic and commercial bicycle

S. 3461                             3

laws. Such requirement shall include, but not be limited to, the follow-
ing:
  (i) Each bicycle operator shall complete a bicycle safety course prior
to  operating  a  bicycle  on  behalf  of a business using a bicycle for
commercial purposes;
  (ii) Each business using a bicycle for commercial purposes shall indi-
cate on the roster required to be maintained by subdivision  d  of  this
section  that  each  bicycle  operator  employed  by such   business has
completed such bicycle safety course;
  (iii) The owner  of  any  business  using  a  bicycle  for  commercial
purposes  shall ensure that all bicycle operators employed by such busi-
ness shall complete such bicycle safety  course  prior  to  operating  a
bicycle on behalf of such business, shall maintain records of such oper-
ators'  completion  of  such  bicycle safety course, and shall make such
records available for inspection during regular business  hours  or  any
other time such business is open for business upon request of an author-
ized  employee  of the police department or department of transportation
or any other person authorized by law; and
  (iv) The commissioner of transportation shall post on  the  department
of  transportation's  website  the  content of the bicycle safety course
required by this section  on  or  before  the  effective  date  of  this
section.
  f.  The owner of any business 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 from a distance  of  at
least  one  hundred feet, provided however that a siren or whistle shall
not be used; brakes; reflective tires or, alternately, a reflex  reflec-
tor  mounted  on  the  spokes of each wheel; as well as other devices or
material in accordance with section [1236] TWELVE HUNDRED THIRTY-SIX  of
the vehicle and traffic law.
  g.    Any  business  using  a bicycle for commercial purposes shall be
responsible for the compliance with the provisions of  this  section  of
any  employees  it  shall  retain. Violation of any of the provisions of
this section by any such business, 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 fifty dollars [or imprisonment for not more than fifteen days or
both such fine and imprisonment]  WHICH MAY BE RECOVERED AGAINST A BICY-
CLE  OPERATOR  OR  AGAINST  A  BUSINESS  USING  A BICYCLE FOR COMMERCIAL
PURPOSES IN A PROCEEDING BEFORE  THE  ENVIRONMENTAL  CONTROL  BOARD.  In
addition,  any  business  using  a  bicycle for commercial purposes that
violates any of the provisions of this  section  or  any  of  the  rules
promulgated  pursuant  hereto shall be subject to a civil penalty of one
hundred dollars. Any such business that violates  a  provision  of  this
section  or rule promulgated pursuant hereto more than thirty days after
such business has already violated the same provision or rule  shall  be
subject  to  an  additional  civil penalty of two hundred fifty dollars.
Such civil penalties may be in addition to any criminal penalty imposed,
and shall be recoverable against such business in an action or  proceed-
ing  in  any court or tribunal of competent jurisdiction or the environ-
mental control board.

S. 3461                             4

  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  sign  required  by  subdivision b of this
section or without carrying the identification card required by subdivi-
sion  c of this section or who fails to produce such identification sign
or card upon demand pursuant to such subdivisions, or who fails to  wear
protective  headgear  required  by  subdivision e of this section or the
retro-reflective apparel required by  subdivision  i  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  such business did not provide the protective headgear,
the identification or the retro-reflective apparel required by  subdivi-
sions b, c, e or i of this section. Such traffic infraction may be adju-
dicated  by such an administrative tribunal as is authorized under arti-
cle two-A of the vehicle and traffic law.] ANY BUSINESS USING A  BICYCLE
FOR COMMERCIAL PURPOSES SHALL BE VICARIOUSLY LIABLE FOR ANY CIVIL PENAL-
TY  IMPOSED  ON ANY BICYCLE OPERATOR EMPLOYED BY OR OTHERWISE WORKING AS
AN INDEPENDENT CONTRACTOR WITH SUCH BUSINESS WHEN SUCH  PENALTY  IS  THE
RESULT  OF  A VIOLATION OF ANY PROVISION OF THIS SECTION, SECTION 19-176
OF THIS CODE, OR SECTION ELEVEN HUNDRED ELEVEN, SECTION  ELEVEN  HUNDRED
TWENTY-SEVEN,  SECTION TWELVE HUNDRED THIRTY-SIX, SECTION TWELVE HUNDRED
FORTY, OR SECTION TWELVE HUNDRED FORTY-ONE OF THE  VEHICLE  AND  TRAFFIC
LAW.
  i.  A  business  using a bicycle for commercial purposes shall provide
for and require each bicycle operator employed by such business to  wear
and  each  such  bicycle  operator shall wear a retro-reflective jacket,
vest, or other wearing apparel on the upper part of such operator's body
as the outermost garment while making deliveries, or otherwise riding  a
bicycle  on  behalf  of  such business, the back of which shall indicate
such business' name and such bicycle operator's  individual  identifica-
tion  number  as  assigned  pursuant to subdivision c of this section in
lettering and numerals not less than one inch in  height  so  as  to  be
plainly readable at a distance of not less than ten feet.
  j.  The  provisions of this section shall be enforceable by an author-
ized employee of the police department or department  of  transportation
or any other person authorized by law.
  k.  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; provided that if local laws numbers 52,  54,
55 and 56 of the city of New York for the year 2012 shall not have taken
effect  on  or  before such date, this act shall take effect on the same
date and in the same manner as such local laws take effect.

Co-Sponsors

S3461A - Bill Details

See Assembly Version of this Bill:
A224B
Current Committee:
Senate Rules
Law Section:
New York City Administrative Code
Laws Affected:
Amd §10-157 & 19-176, NYC Ad Cd
Versions Introduced in Previous Legislative Sessions:
2011-2012: A5587B, S419D
2009-2010: A407A, S4528A

S3461A - 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.

view sponsor memo
BILL NUMBER:S3461A

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: To provide that businesses using bicycles for commercial
purposes in the city of New York shall be responsible for certain
traffic infractions of bicycle operator's riding on their behalf Also
to provide that motor-assisted bicycles are not permitted to be ridden
on sidewalks in the city of New York.

SUMMARY OF PROVISIONS:

Section 1 of the bill designates it as the "Commercial Bicycle Safety
Act."

Section 2 of the bill amends section 10-157 of the Administrative Code
to facilitate enforcement of traffic laws with respect to businesses
using a bicycle for commercial purposes.

Subdivision a of section 10-157 is amended to make changes to the
definition of "bicycle" and "business using a bicycle for commercial
purposes," and to define "bicycle operator" for purposes of section
10-157.

Subdivisions b through f, h, and i of section 10-157 are amended to
make various minor changes

Subdivision g of section 10-157 is amended to eliminate certain
criminal penalties for violation of section 10-157, in favor of
certain civil penalties already available in section 10-157.

A new subdivision k is added to provide that any business using a
bicycle for commercial purposes shall be vicariously liable for civil
penalties imposed as a result of certain traffic violations of bicycle
operators riding on behalf of such a business.

Section 3 of the bill amends paragraph one of subdivision a of Section
19-176 of the administrative code of the city of New York to include
motor-assisted bicycles within the definition of "bicycle" for the
purpose of prohibiting bicycle riding on sidewalks.

Section 4 of the bill sets forth the effective date.

JUSTIFICATION: Bicycles are frequently used for commercial purposes
in parts of the city of New York, especially to make deliveries. While
this can be an efficient means of providing services to customers,
many bicycle operators working on behalf of businesses fail to follow
basic traffic laws, such as obeying traffic signals, and one way
signs, and avoiding riding on sidewalks. The city of New York has
taken steps to improve safety and compliance with the law, to protect
pedestrians and the bicycle operators themselves. These steps include
local laws to make commercial cyclists, and the businesses on whose
behalf they ride more clearly identifiable, requirements of reflective
clothing and safety features on bicycles, and training by city staff
to promote compliance.


However, success in addressing safety concerns has been limited by the
simple fact that businesses often put a premium on making deliveries
as quickly as possible and have little incentive to ensure that
bicycle operators working on their behalf follow traffic laws or avoid
reckless behavior. By assigning penalties to businesses using bicycles
for commercial purposes when bicycle operators violate certain traffic
laws, this bill will give authorities in the city the tools needed to
address this problem.

FISCAL IMPACT ON THE STATE: Some increased revenue for the city of New
York through better collection of penalties

EFFECTIVE DATE:. This act shall take effect on the one hundred
fiftieth day after it shall have become a law.

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

                                 3461--A
    Cal. No. 926

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

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

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. This act shall be known and may be cited as the "Commercial
Bicycle Safety Act".
  S  2.  Section  10-157  of  the administrative code of the city of New
York, as amended by local law number 56 of the city of New York for  the
year  2012, paragraph 3 of subdivision e as added by local law number 54
of the city of New York for the year 2012, subdivision  i  as  added  by
local  law  number  52  of  the  city of New York for the year 2012, and
subdivision j as added by local law number 55 of the city  of  New  York
for the year 2012, is amended to read as follows:
  S  10-157  Bicycles  used  for commercial purposes. a. For purposes of
this section, the following terms shall have the following meanings:
  (1) "bicycle" shall have the same meaning as in section 19-176 of this
code, and shall also mean any wheeled device  propelled  exclusively  by
human power [as well as any motor-assisted device that is not capable of
being registered by the New York state department of motor vehicles];
  (2)  "business  using  a bicycle for commercial purposes" shall mean a
person, firm, partnership, joint venture, association,  corporation,  or
other  entity  which  engages  in  the course of its business, either on
behalf of itself or others, in  delivering  packages,  parcels,  papers,
FOOD,  GROCERIES,  or articles of any type by bicycle. Nothing contained
in this section shall be construed as applying to persons under the  age

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02317-07-3

S. 3461--A                          2

of  sixteen who use a bicycle only to deliver daily newspapers or circu-
lars[.];
  (3)  "BICYCLE  OPERATOR"  SHALL  MEAN  A PERSON WHO RIDES A BICYCLE ON
BEHALF OF A BUSINESS USING A BICYCLE FOR COMMERCIAL PURPOSES, AND IS  AN
EMPLOYEE  OF  SUCH  BUSINESS  OR RECEIVES DIRECT COMPENSATION OR PAYMENT
FROM SUCH BUSINESS AS AN INDEPENDENT CONTRACTOR, PROVIDED THAT A PERSON,
FIRM, PARTNERSHIP, JOINT VENTURE,  ASSOCIATION,  CORPORATION,  OR  OTHER
ENTITY  THAT CONTRACTS WITH ANOTHER BUSINESS ENTITY OTHER THAN THE BICY-
CLE OPERATOR TO PROVIDE DELIVERY AND MESSENGER  SERVICES  SHALL  NOT  BE
SUBJECT TO THE PROVISIONS OF THIS SECTION WITH RESPECT TO SUCH SERVICES.
  b.  A  business  using a bicycle for commercial purposes shall provide
identification of such business by requiring every bicycle to be identi-
fied by affixing to the rear of each bicycle, bicycle seat or both sides
of the delivery basket, a metal or plastic sign measuring no  less  than
three inches by five inches, with the name of [the] SUCH business and an
identification number unique to that particular bicycle in lettering and
numerals no less than one inch in height so as to be plainly readable at
a distance of not less than ten feet and maintaining same in good condi-
tion thereon. A sign is no longer in good condition if it is missing any
of its component parts or is otherwise damaged so as to impair its func-
tionality.
  c.  Every business using a bicycle for commercial purposes must assign
to every bicycle operator [employed by  such  business]  a  three  digit
identification  number. Such business must issue to every bicycle opera-
tor an identification card which contains the name,  three  digit  iden-
tification  number  and  photo  of  the  bicycle  operator and the name,
address and telephone number of [the] SUCH business [by which the  bicy-
cle  operator  is  employed]. Such business shall ensure that such iden-
tification card is carried by the bicycle operator  while  such  bicycle
operator  is  making deliveries, or otherwise riding a bicycle on behalf
of the business, and such bicycle operator shall carry such  identifica-
tion card while [operating] RIDING a bicycle on behalf of such business.
Such  bicycle  operator shall be required to produce such identification
upon the demand of an authorized employee of the  police  department  or
department of transportation or any other person authorized by law.
  d.  Every business using a bicycle for commercial purposes shall main-
tain a roster of EVERY bicycle  [operators  employed  by]  OPERATOR  WHO
RIDES  A  BICYCLE  ON BEHALF OF such business. Such roster shall include
the name and place of residence address of every [employee  operating  a
bicycle  on behalf of such business] SUCH BICYCLE OPERATOR, the date [of
employment and discharge of each such] SUCH BICYCLE OPERATOR BEGINS  AND
ENDS  RIDING A BICYCLE ON BEHALF OF SUCH BUSINESS WHETHER AS AN employee
OR INDEPENDENT CONTRACTOR, every such  [employee's]  BICYCLE  OPERATOR'S
three  digit  identification number, and whether such [employee] BICYCLE
OPERATOR has completed the bicycle safety course required by paragraph 3
of subdivision e of this section. The owner  of  any  business  using  a
bicycle  for  commercial  purposes  shall be responsible for maintaining
such roster. Such roster shall be made available for  inspection  during
regular  and  usual  business  hours  or any other [such] time that such
entity is open for business upon request of an  authorized  employee  of
the  police  department  or  department  of  transportation or any other
person authorized by law.
  e. (1) The owner of  any  business  using  a  bicycle  for  commercial
purposes shall provide, at its own expense, protective headgear suitable
for each bicycle operator. Such headgear shall:

S. 3461--A                          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 site of the business using a bicycle
for commercial purposes 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 of this subdivision while making  deliv-
eries  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.
  (3)  Each  bicycle  operator  shall  be required to complete a bicycle
safety course. For purposes of this  section,  "bicycle  safety  course"
shall  mean  information  provided  by the department of transportation,
regarding safe bicycling and adherence to traffic and commercial bicycle
laws. Such requirement shall include, but not be limited to, the follow-
ing:
  (i) Each bicycle operator shall complete a bicycle safety course prior
to operating a bicycle on behalf of  a  business  using  a  bicycle  for
commercial purposes;
  (ii) Each business using a bicycle for commercial purposes shall indi-
cate  on  the  roster required to be maintained by subdivision d of this
section that each bicycle  operator  [employed  by  such  business]  has
completed such bicycle safety course;
  (iii)  The  owner  of  any  business  using  a  bicycle for commercial
purposes shall ensure that all bicycle operators [employed by such busi-
ness] shall complete such bicycle safety course  prior  to  operating  a
bicycle on behalf of such business, shall maintain records of such oper-
ators'  completion  of  such  bicycle safety course, and shall make such
records available for inspection during regular business  hours  or  any
other time such business is open for business upon request of an author-
ized  employee  of the police department or department of transportation
or any other person authorized by law; and
  (iv) The commissioner of transportation shall post on  the  department
of  transportation's  website  the  content of the bicycle safety course
required by this section  on  or  before  the  effective  date  of  this
section.
  f.  The owner of any business using a bicycle for commercial purposes,
notwithstanding that a bicycle may be provided by [an employee  thereof]
A  BICYCLE  OPERATOR,  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 from a distance of at least one hundred feet,
provided however that a siren or whistle  shall  not  be  used;  brakes;
reflective  tires  or,  alternately,  a  reflex reflector mounted on the
spokes of each wheel; as well as other devices or material in accordance
with section 1236 of the vehicle and traffic law.
  g. Any business using a  bicycle  for  commercial  purposes  shall  be
responsible  for  the  compliance with the provisions of this section of
any [employees] BICYCLE OPERATORS it shall retain. Violation of  any  of
the  provisions  of  this section by any such business, 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

S. 3461--A                          4

more  than  two hundred fifty dollars [or imprisonment for not more than
fifteen days or both such fine and imprisonment. In addition, any  busi-
ness  using  a  bicycle for commercial purposes that violates any of the
provisions  of  this  section  or  any of the rules promulgated pursuant
hereto shall be subject to a civil penalty of one hundred dollars].  Any
such  business that violates a provision of this section or rule promul-
gated pursuant hereto more than thirty days AND NOT MORE THAN TWO  YEARS
after  such  business  has  already  violated the same provision or rule
shall be subject to an additional civil penalty  of  two  hundred  fifty
dollars.    Such  civil  penalties  [may  be in addition to any criminal
penalty imposed, and] shall be recoverable against such business  in  an
action  or proceeding in any court or tribunal of competent jurisdiction
or the environmental control board.
  h. Any [person who makes deliveries or otherwise] BICYCLE OPERATOR WHO
operates a bicycle [on behalf of a business using a bicycle for  commer-
cial  purposes]  without  carrying  the  identification sign required by
subdivision b of this section or  without  carrying  the  identification
card  required  by subdivision c of this section or who fails to produce
such identification sign or card upon demand pursuant to  such  subdivi-
sions,  or who fails to wear protective headgear required by subdivision
e of this section or the retro-reflective apparel required  by  subdivi-
sion i 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 such business did not provide
the protective headgear,  the  identification  or  the  retro-reflective
apparel  required  by  subdivisions  b,  c, e or i 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.
  i. A business using a bicycle for commercial  purposes  shall  provide
for  and  require  each  bicycle operator [employed by such business] to
wear and each such bicycle operator shall wear a retro-reflective  jack-
et,  vest, or other wearing apparel on the upper part of such operator's
body as the outermost garment  while  making  deliveries,  or  otherwise
riding  a  bicycle  on  behalf of such business, the back of which shall
indicate such business' name  and  such  bicycle  operator's  individual
identification  number  as  assigned  pursuant  to subdivision c of this
section in lettering and numerals not less than one inch in height so as
to be plainly readable at a distance of not less than ten feet.
  j. The provisions of this section shall be enforceable by  an  author-
ized  employee  of the police department or department of transportation
or any other person authorized by law.
  K. ANY BUSINESS USING A  BICYCLE  FOR  COMMERCIAL  PURPOSES  SHALL  BE
VICARIOUSLY LIABLE FOR ANY CIVIL PENALTY IMPOSED ON ANY BICYCLE OPERATOR
OPERATING  A BICYCLE ON BEHALF OF SUCH BUSINESS WHEN SUCH PENALTY IS THE
RESULT OF A VIOLATION OF ANY PROVISION OF THIS SECTION,  SECTION  19-176
OF  THIS  CODE, OR SECTION ELEVEN HUNDRED ELEVEN, SECTION ELEVEN HUNDRED
TWENTY-SEVEN, SECTION TWELVE HUNDRED THIRTY-SIX, SECTION TWELVE  HUNDRED
FORTY,  OR  SECTION  TWELVE HUNDRED FORTY-ONE OF THE VEHICLE AND TRAFFIC
LAW.
  S 3. Paragraph 1 of subdivision a of section 19-176 of the administra-
tive code of the city of New York, as added by local law number 6 of the
city of New York for the year 1996, is amended to read as follows:
  (1) The term "bicycle" shall mean a two or three wheeled  device  upon
which  a  person or persons may ride, propelled by human power through a
belt, a chain or gears, with such wheels in a tandem  or  tricycle,  AND

S. 3461--A                          5

SHALL  ALSO  MEAN  ANY  WHEELED  MOTOR-ASSISTED DEVICE WHICH A PERSON OR
PERSONS MAY RIDE THAT IS NOT CAPABLE OF BEING REGISTERED BY THE NEW YORK
STATE DEPARTMENT OF MOTOR VEHICLES, except that  it  shall  not  include
such a device having solid tires and intended for use only on a sidewalk
by a child.
  S  4. This act shall take effect on the one hundred fiftieth day after
it shall have become a law.

Co-Sponsors

S3461B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A224B
Current Committee:
Senate Rules
Law Section:
New York City Administrative Code
Laws Affected:
Amd §10-157 & 19-176, NYC Ad Cd
Versions Introduced in Previous Legislative Sessions:
2011-2012: A5587B, S419D
2009-2010: A407A, S4528A

S3461B (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.

view sponsor memo
BILL NUMBER:S3461B

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:

To provide that businesses using bicycles for commercial purposes in
the city of New York shall be responsible for certain traffic
infractions of bicycle operators riding on their behalf. Also to
provide that motor-assisted bicycles are not permitted to be ridden on
sidewalks in the city of New York.

SUMMARY OF PROVISIONS:

Section 1 of the bill designates it as the "Commercial Bicycle Safety
Act."

Section 2 of the bill amends section 10-157 of the Administrative Code
to facilitate enforcement of traffic laws with respect to businesses
using a bicycle for commercial purposes.

Subdivision a of section 10-157 is amended to make changes to the
definition of "bicycle" and "business using a bicycle for commercial
purposes," and to define "bicycle operator" for purposes of section
10157.

Subdivisions b through f, h, and i of section 10-157 are amended to
make various minor changes.

Subdivision g creates an affirmative defense to a business using a
bicycle fox commercial purposes if such business contracted with a
bicycle operator to provide delivery services.

Section 3 of the bill amends paragraph one of subdivision a of Section
19-176 of the administrative code of the city of New York to include
motor-assisted bicycles within the definition of "bicycle" for the
purpose of prohibiting bicycle riding on sidewalks.

Section 4 of the bill sets forth the effective date.

JUSTIFICATION:

Bicycles are frequently used for commercial purposes in parts of the
city of New York, especially to make deliveries. While this can be an
efficient means of providing services to customers, many bicycle
operators working on behalf of businesses fail to follow basic traffic
laws, such as obeying traffic signals, and one way signs, and avoiding
riding on sidewalks. The city of New York has taken steps to improve
safety and compliance with the law, to protect pedestrians and the
bicycle operators themselves. These steps include local laws to make
commercial cyclists, and the businesses on whose behalf they ride more
clearly identifiable, requirements of reflective clothing and safety
features on bicycles, and training by city staff to promote
compliance.


However, success in addressing safety concerns has been limited by the
simple fact that businesses often put a premium on making deliveries
as quickly as possible and have little incentive to ensure that
bicycle operators working on their behalf follow traffic laws or avoid
reckless behavior. By assigning penalties to businesses using bicycles
for commercial purposes when bicycle operators violate certain traffic
laws, this bill will give authorities in the city the tools needed to
address this problem.

FISCAL IMPACT ON THE STATE:

Some increased revenue for the city of New York through better
collection of penalties.

EFFECTIVE DATE:

This act shall take effect on the one hundred fiftieth day after it
shall have become a law.

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

                                 3461--B
    Cal. No. 926

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced by Sens. KRUEGER, SQUADRON -- read twice and ordered printed,
  and  when  printed  to  be  committed  to  the  Committee on Cities --
  reported favorably from said committee, ordered to  first  and  second
  report,  amended  on second report, ordered to a third reading, and to
  be reprinted as amended, retaining its place in  the  order  of  third
  reading -- again amended and ordered reprinted, retaining its place in
  the order of third reading

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. This act shall be known and may be cited as the "Commercial
Bicycle Safety Act".
  S  2.  Section  10-157  of  the administrative code of the city of New
York, as amended by local law number 56 of the city of New York for  the
year  2012, paragraph 3 of subdivision e as added by local law number 54
of the city of New York for the year 2012, subdivision  i  as  added  by
local  law  number  52  of  the  city of New York for the year 2012, and
subdivision j as added by local law number 55 of the city  of  New  York
for the year 2012, is amended to read as follows:
  S  10-157  Bicycles  used  for commercial purposes. a. For purposes of
this section, the following terms shall have the following meanings:
  (1) "bicycle" shall have the same meaning as in section 19-176 of this
code, and shall also mean any wheeled device  propelled  exclusively  by
human  power as well as any motor-assisted device that is not capable of
being registered by the New York state department of motor vehicles;
  (2) "business using a bicycle for commercial purposes"  shall  mean  a
person,  firm,  partnership, joint venture, association, corporation, or
other entity which engages in the course  of  its  business,  either  on
behalf  of  itself  or  others, in delivering packages, parcels, papers,
FOOD, GROCERIES, or articles of any type by bicycle.  Nothing  contained

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02317-09-3

S. 3461--B                          2

in  this section shall be construed as applying to persons under the age
of sixteen who use a bicycle only to deliver daily newspapers or  circu-
lars[.];
  (3)  "BICYCLE  OPERATOR"  SHALL  MEAN  A PERSON WHO RIDES A BICYCLE ON
BEHALF OF A BUSINESS USING A BICYCLE FOR COMMERCIAL PURPOSES, AND IS  AN
EMPLOYEE  OF  SUCH  BUSINESS  OR RECEIVES DIRECT COMPENSATION OR PAYMENT
FROM SUCH BUSINESS AS AN INDEPENDENT CONTRACTOR.
  b. A business using a bicycle for commercial  purposes  shall  provide
identification of such business by requiring every bicycle to be identi-
fied by affixing to the rear of each bicycle, bicycle seat or both sides
of  the  delivery basket, a metal or plastic sign measuring no less than
three inches by five inches, with the name of [the] SUCH business and an
identification number unique to that particular bicycle in lettering and
numerals no less than one inch in height so as to be plainly readable at
a distance of not less than ten feet and maintaining same in good condi-
tion thereon. A sign is no longer in good condition if it is missing any
of its component parts or is otherwise damaged so as to impair its func-
tionality.
  c. Every business using a bicycle for commercial purposes must  assign
to  every  bicycle  operator  [employed  by such business] a three digit
identification number. Such business must issue to every bicycle  opera-
tor  an  identification  card which contains the name, three digit iden-
tification number and photo  of  the  bicycle  operator  and  the  name,
address  and telephone number of [the] SUCH business [by which the bicy-
cle operator is employed]. Such business shall ensure  that  such  iden-
tification  card  is  carried by the bicycle operator while such bicycle
operator is making deliveries, or otherwise riding a bicycle  on  behalf
of  the business, and such bicycle operator shall carry such identifica-
tion card while [operating] RIDING a bicycle on behalf of such business.
Such bicycle operator shall be required to produce  such  identification
upon  the  demand  of an authorized employee of the police department or
department of transportation or any other person authorized by law.
  d. Every business using a bicycle for commercial purposes shall  main-
tain  a  roster  of  EVERY  bicycle [operators employed by] OPERATOR WHO
RIDES A BICYCLE ON BEHALF OF such business. Such  roster  shall  include
the  name  and place of residence address of every [employee operating a
bicycle on behalf of such business] SUCH BICYCLE OPERATOR, the date  [of
employment  and discharge of each such] SUCH BICYCLE OPERATOR BEGINS AND
ENDS RIDING A BICYCLE ON BEHALF OF SUCH BUSINESS WHETHER AS AN  employee
OR  INDEPENDENT  CONTRACTOR,  every such [employee's] BICYCLE OPERATOR'S
three digit identification number, and whether such  [employee]  BICYCLE
OPERATOR has completed the bicycle safety course required by paragraph 3
of  subdivision  e  of  this  section. The owner of any business using a
bicycle for commercial purposes shall  be  responsible  for  maintaining
such  roster.  Such roster shall be made available for inspection during
regular and usual business hours or any  other  [such]  time  that  such
entity  is  open  for business upon request of an authorized employee of
the police department or  department  of  transportation  or  any  other
person authorized by law.
  e.  (1)  The  owner  of  any  business  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 site of the business using a bicycle
for commercial purposes for use by each bicycle operator; and

S. 3461--B                          3

  (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 of this subdivision while making  deliv-
eries  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.
  (3)  Each  bicycle  operator  shall  be required to complete a bicycle
safety course. For purposes of this  section,  "bicycle  safety  course"
shall  mean  information  provided  by the department of transportation,
regarding safe bicycling and adherence to traffic and commercial bicycle
laws. Such requirement shall include, but not be limited to, the follow-
ing:
  (i) Each bicycle operator shall complete a bicycle safety course prior
to operating a bicycle on behalf of  a  business  using  a  bicycle  for
commercial purposes;
  (ii) Each business using a bicycle for commercial purposes shall indi-
cate  on  the  roster required to be maintained by subdivision d of this
section that each bicycle  operator  [employed  by  such  business]  has
completed such bicycle safety course;
  (iii)  The  owner  of  any  business  using  a  bicycle for commercial
purposes shall ensure that all bicycle operators [employed by such busi-
ness] shall complete such bicycle safety course  prior  to  operating  a
bicycle on behalf of such business, shall maintain records of such oper-
ators'  completion  of  such  bicycle safety course, and shall make such
records available for inspection during regular business  hours  or  any
other time such business is open for business upon request of an author-
ized  employee  of the police department or department of transportation
or any other person authorized by law; and
  (iv) The commissioner of transportation shall post on  the  department
of  transportation's  website  the  content of the bicycle safety course
required by this section  on  or  before  the  effective  date  of  this
section.
  f.  The owner of any business using a bicycle for commercial purposes,
notwithstanding that a bicycle may be provided by [an employee  thereof]
A  BICYCLE  OPERATOR,  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 from a distance of at least one hundred feet,
provided however that a siren or whistle  shall  not  be  used;  brakes;
reflective  tires  or,  alternately,  a  reflex reflector mounted on the
spokes of each wheel; as well as other devices or material in accordance
with section 1236 of the vehicle and traffic law.
  g. Any business using a  bicycle  for  commercial  purposes  shall  be
responsible  for  the  compliance  with  the provisions of this section,
SECTION 19-176 OF THIS CODE, AND SECTIONS ELEVEN HUNDRED ELEVEN,  ELEVEN
HUNDRED  TWENTY-SEVEN,  TWELVE HUNDRED THIRTY-SIX, TWELVE HUNDRED FORTY,
AND TWELVE HUNDRED FORTY-ONE OF THE  VEHICLE  AND  TRAFFIC  LAW  of  any
[employees]  BICYCLE  OPERATORS it shall retain. Violation of any of the
provisions of this section by any such business, 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] AND NOT more than two hundred  fifty
dollars  [or  imprisonment  for  not more than fifteen days or both such

S. 3461--B                          4

fine and imprisonment]. In addition, any business using  a  bicycle  for
commercial  purposes that violates any of the provisions of this section
or any of the rules promulgated pursuant hereto shall be  subject  to  a
civil  penalty of one hundred dollars. Any such business that violates a
provision of this section or rule promulgated pursuant hereto more  than
thirty  days AND NOT MORE THAN TWO YEARS after such business has already
violated the same provision or rule shall be subject  to  an  additional
civil penalty of two hundred fifty dollars.  Such civil penalties may be
in  addition  to  any criminal penalty imposed, and shall be recoverable
against such business in an action or proceeding in any court or  tribu-
nal  of  competent  jurisdiction or the environmental control board.  IT
SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION  OF  THIS  SECTION  BY  A
PERSON,  FIRM,  PARTNERSHIP, JOINT VENTURE, ASSOCIATION, CORPORATION, OR
OTHER ENTITY AS TO ANY PROVISION APPLICABLE TO A BUSINESS USING A  BICY-
CLE  FOR  COMMERCIAL PURPOSES, THAT SUCH PERSON OR ENTITY DID NOT EMPLOY
OR PROVIDE  DIRECT  COMPENSATION  TO  A  BICYCLE  OPERATOR,  BUT  RATHER
CONTRACTED  WITH  A BUSINESS OTHER THAN SUCH BICYCLE OPERATOR TO PROVIDE
DELIVERY SERVICES.
  h. Any [person who makes deliveries or otherwise] BICYCLE OPERATOR WHO
operates a bicycle [on behalf of a business using a bicycle for  commer-
cial  purposes]  without  carrying  the  identification sign required by
subdivision b of this section or  without  carrying  the  identification
card  required  by subdivision c of this section or who fails to produce
such identification sign or card upon demand pursuant to  such  subdivi-
sions,  or who fails to wear protective headgear required by subdivision
e of this section or the retro-reflective apparel required  by  subdivi-
sion i 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 such business did not provide
the protective headgear,  the  identification  or  the  retro-reflective
apparel  required  by  subdivisions  b,  c, e or i 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.
  i. A business using a bicycle for commercial  purposes  shall  provide
for  and  require  each  bicycle operator [employed by such business] to
wear and each such bicycle operator shall wear a retro-reflective  jack-
et,  vest, or other wearing apparel on the upper part of such operator's
body as the outermost garment  while  making  deliveries,  or  otherwise
riding  a  bicycle  on  behalf of such business, the back of which shall
indicate such business' name  and  such  bicycle  operator's  individual
identification  number  as  assigned  pursuant  to subdivision c of this
section in lettering and numerals not less than one inch in height so as
to be plainly readable at a distance of not less than ten feet.
  j. The provisions of this section shall be enforceable by  an  author-
ized  employee  of the police department or department of transportation
or any other person authorized by law.
  S 3. Paragraph 1 of subdivision a of section 19-176 of the administra-
tive code of the city of New York, as added by local law number 6 of the
city of New York for the year 1996, is amended to read as follows:
  (1) The term "bicycle" shall mean a two or three wheeled  device  upon
which  a  person or persons may ride, propelled by human power through a
belt, a chain or gears, with such wheels in a tandem  or  tricycle,  AND
SHALL  ALSO  MEAN  ANY  WHEELED  MOTOR-ASSISTED DEVICE WHICH A PERSON OR
PERSONS MAY RIDE THAT IS NOT CAPABLE OF BEING REGISTERED BY THE NEW YORK
STATE DEPARTMENT OF MOTOR VEHICLES, except that  it  shall  not  include

S. 3461--B                          5

such a device having solid tires and intended for use only on a sidewalk
by a child.
  S  4. This act shall take effect on the one hundred fiftieth day after
it shall have become a law.

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