S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8593
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 10, 2017
                                ___________
 
 Introduced  by M. of A. KAVANAGH, SEAWRIGHT -- read once and referred to
   the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to the use of bicycles for commercial purposes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the "Commercial
 Bicycle Safety Act".
   § 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,  subdivi-
 sion  j  as added by local law number 55 of the city of New York for the
 year 2012, and subdivision k as added by local law number 41 of the city
 of New York for the year 2013, is amended to read as follows:
   § 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
 of  sixteen who use a bicycle only to deliver daily newspapers or circu-
 lars[.];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02938-01-7
              

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   (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]  THREE  of  subdivision e of this section. The owner of any business
 using a bicycle for commercial purposes shall be responsible  for  main-
 taining  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
   (iii)  be  replaced  if  such headgear is no longer in good condition.
 Headgear is no longer in good condition if it  is  missing  any  of  its

 A. 8593                             3
 
 component parts or is otherwise damaged so as to impair its functionali-
 ty.
   (2)  Each  bicycle  operator shall wear protective headgear that meets
 the requirements of paragraph [1] ONE of this subdivision  while  making
 deliveries  or otherwise operating a bicycle on behalf of such business.
 The term "wear such  protective  headgear"  means  having  the  headgear
 fastened securely upon the head with the headgear straps.
   (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] 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,
 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
 fine and imprisonment]. In addition, any business using  a  bicycle  for

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 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.
   k.  A  business  using  a  bicycle  for  commercial purposes shall not
 possess any motorized scooter and shall not permit any employee of  such
 business to operate such a motorized scooter on behalf of such business.
 A  business  using a bicycle for commercial purposes shall be liable for
 any violation of SUBDIVISION B OF section  19-176.2[(b)]  of  this  code
 committed by an employee of such business while such employee is operat-
 ing a motorized scooter on behalf of such business. For purposes of this
 section,  "motorized scooter" shall be as defined in section 19-176.2 of
 this code.

 A. 8593                             5
 
   § 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
 such a device having solid tires and intended for use only on a sidewalk
 by a child.
   § 4. This act shall take effect on the one hundred fiftieth day  after
 it shall have become a law.