S T A T E O F N E W Y O R K
________________________________________________________________________
7833
2023-2024 Regular Sessions
I N A S S E M B L Y
July 7, 2023
___________
Introduced by M. of A. SIMONE -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law and the administrative code
of the city of New York, in relation to registration and commercial
operation of electric assist bicycles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1244 to read as follows:
§ 1244. REGISTRATION OF BICYCLES WITH ELECTRIC ASSIST. 1. EVERY BICY-
CLE WITH ELECTRIC ASSIST AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS
CHAPTER WHICH IS USED FOR COMMERCIAL PURPOSES SHALL BE REGISTERED AND
ISSUED A NUMBER PLATE BY THE DEPARTMENT. NO PERSON SHALL OPERATE A BICY-
CLE WITH ELECTRIC ASSIST FOR COMMERCIAL PURPOSES UNLESS SUCH BICYCLE
WITH ELECTRIC ASSIST SHALL HAVE A DISTINCTIVE NUMBER ASSIGNED TO IT BY
THE COMMISSIONER AND A NUMBER PLATE ISSUED BY THE COMMISSIONER WITH A
NUMBER CORRESPONDING TO THAT OF THE CERTIFICATE OF REGISTRATION.
2. SUCH NUMBER PLATES SHALL BE OF SUCH MATERIAL, FORM, DESIGN AND
DIMENSIONS AND CONTAIN OR SET FORTH SUCH DISTINGUISHING NUMBER OR OTHER
IDENTIFICATION MARKS AS THE COMMISSIONER SHALL PRESCRIBE, PROVIDED,
HOWEVER, THAT THERE SHALL BE AT ALL TIMES A MARKED CONTRAST BETWEEN THE
COLOR OF THE NUMBER PLATES AND THAT OF THE NUMERALS OR LETTERS THEREON.
3. EACH SUCH NUMBER PLATE SHALL BE CONSPICUOUSLY DISPLAYED ON THE REAR
OF THE BICYCLE, SECURELY FASTENED SO AS TO PREVENT THE SAME FROM SWING-
ING.
4. THE FEE FOR SUCH NUMBER PLATES SHALL BE DETERMINED BY THE COMMIS-
SIONER.
§ 2. Subdivision 5 of section 1242 of the vehicle and traffic law is
amended by adding a new paragraph (c) to read as follows:
(C) WHERE THERE IS A VIOLATION OF THIS SUBDIVISION BY AN OPERATOR OF A
BICYCLE WITH ELECTRIC ASSIST WHO IS EMPLOYED OR RETAINED AS AN INDEPEND-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11263-02-3
A. 7833 2
ENT CONTRACTOR TO DELIVER GOODS IN COMMERCE, WHILE IN THE COURSE OF SUCH
COMMERCIAL USE, THE EMPLOYER, OR OWNER OF THE BUSINESS WHOSE GOODS ARE
BEING DELIVERED, OR A THIRD-PARTY DELIVERY PLATFORM WHICH ARRANGED SUCH
DELIVERY, SHALL BE LIABLE FOR ANY FINE IMPOSED FOR SUCH VIOLATION.
§ 3. Subdivisions a and g of section 10-157 of the administrative
code of the city of New York, as amended by local law number 91 of the
city of New York for the year 2017, are amended to read as follows:
a. For purposes of this section and section 10-157.1, the following
terms have the following meanings:
Bicycle. The term "bicycle" has the same meaning as in section 19-176,
and also means 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].
Bicycle operator. The term "bicycle operator" means a person who
delivers packages, parcels, papers, or articles of any type by bicycle
on behalf of a business using a bicycle for commercial purposes and who
is paid by such business.
Business using a bicycle for commercial purposes. The term "business
using a bicycle for commercial purposes" means a person, firm, partner-
ship, joint venture, association, corporation, or other entity that,
either on behalf of itself or others, delivers packages, parcels,
papers, 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.
g. A business using a bicycle for commercial purposes shall be respon-
sible for the compliance with the provisions of this section [of] AND
THE PROVISIONS OF SUBDIVISION FIVE OF SECTION TWELVE HUNDRED FORTY-TWO
OF THE VEHICLE AND TRAFFIC LAW BY its bicycle operators. 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, OR THE
PROVISIONS OF SUBDIVISION FIVE OF SECTION TWELVE HUNDRED FORTY-TWO OF
THE VEHICLE AND TRAFFIC LAW BY ITS BICYCLE OPERATORS 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 fifty dollars or
imprisonment for not more than fifteen days or both such fine and impri-
sonment. In addition, any such business that violates any of the
provisions of this section or any of the rules promulgated pursuant
hereto, OR THE PROVISIONS OF SUBDIVISION FIVE OF SECTION TWELVE HUNDRED
FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW BY ITS BICYCLE OPERATORS, 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 proceeding in any court or tribu-
nal of competent jurisdiction or the environmental control board.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.