Bill Text: NY A00407 | 2009-2010 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-26 - print number 407a [A00407 Detail]
Download: New_York-2009-A00407-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
407--A
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Cities -- recommitted to the Committee on Cities in accordance
with Assembly Rule 3, sec. 2 -- 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:
1 Section 1. Section 10-157 of the administrative code of the city of
2 New York, subdivisions e and f as added and subdivisions g and h as
3 amended by local law number 9 of the city of New York for the year 2007,
4 is amended to read as follows:
5 S 10-157 Bicycles used for commercial purposes. a. Every person, firm,
6 partnership, joint venture, association or corporation which engages in
7 the course of its business, either on behalf of itself or others, in
8 delivering packages, parcels, papers or articles of any type by bicycle
9 shall provide identification of the business by requiring every bicycle
10 or bicycle operator to be identified by:
11 (1) affixing to the rear of each bicycle, bicycle seat or both sides
12 of the delivery basket, a metal, plastic or other sign of a type
13 approved by the police commissioner, with the name of the business and a
14 three digit identification number which identifies the bicycle operator
15 in lettering and numerals so as to be plainly readable at a distance of
16 not less than ten feet and maintaining same in good condition thereon;
17 and
18 (2) by requiring each bicycle operator to wear a jacket, vest, or
19 other wearing apparel on the upper part of the cyclist's body while
20 making deliveries, or otherwise riding a bicycle on behalf of the busi-
21 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.
LBD00892-02-0
A. 407--A 2
1 operator's individual identification number in lettering and numerals so
2 as to be plainly readable at a distance of not less than ten feet.
3 b. Every person, firm, partnership, joint venture, association or
4 corporation OR SIMILAR ENTITY engaged in providing OR ARRANGING FOR THE
5 PROVISION OF a service as authorized herein must issue to every bicycle
6 operator a numbered identification card which contains the name, resi-
7 dence address and photo of the bicycle operator and the name, address
8 and telephone number of the company for whom the bicycle operator is
9 [employed] AFFILIATED. Such identification card must be carried by the
10 bicycle operator while the cyclist is making deliveries, or otherwise
11 riding a bicycle on behalf of the business, and must be produced upon
12 the demand of a police officer or any other law enforcement officer.
13 c. Every person, firm, partnership, joint venture, association [or],
14 corporation OR SIMILAR ENTITY engaged in providing OR ARRANGING FOR THE
15 PROVISION OF a service as authorized herein shall maintain in a log book
16 to be kept for such purpose, the name and place of residence address of
17 every [employee operating a] bicycle OPERATOR, the date of employment OR
18 ASSOCIATION and discharge of each person in said service, and every
19 messenger or delivery person's identification number. The owner of any
20 business engaged in providing a service as authorized in this section
21 shall be responsible for maintaining in the log book a daily trip record
22 in which all entries shall be made legibly in ink and each entry shall
23 be dated and include the bicycle identification number, the operator's
24 name and the name and place of origin and destination for each trip. No
25 entry shall be rewritten either in whole or in part except in such
26 manner as may be provided by regulation of the commissioner; any such
27 unauthorized rewriting shall give rise to a rebuttable presumption of an
28 act of fraud, deceit or misrepresentation. Such log book shall be made
29 available for inspection during regular and usual business hours upon
30 request of an agent of the police commissioner or any police officer or
31 any other person authorized by law.
32 d. The owner of any business engaged in providing OR ARRANGING FOR THE
33 PROVISION OF a service as authorized in this section shall file an annu-
34 al report in such form as shall be designated by the police commissioner
35 by rule or regulations. Said report shall include, inter alia, the
36 number of bicycles it owns and the number and identity of any [employees
37 it may retain] BICYCLE OPERATORS EMPLOYED BY OR OTHERWISE AFFILIATED
38 WITH SUCH BUSINESS. Any business engaged in providing OR ARRANGING a
39 service as authorized in this section shall be responsible for the
40 compliance with the provisions of this section of any [employees it
41 shall retain] BICYCLE OPERATORS EMPLOYED BY OR OTHERWISE AFFILIATED WITH
42 SUCH BUSINESS. Nothing contained in this section shall be construed as
43 applying to persons under the age of sixteen who use a bicycle to deliv-
44 er daily newspapers or circulars.
45 e. (1) The owner of any business engaged in providing a service as
46 authorized in this section shall provide, at its own expense, protective
47 headgear suitable for each bicycle operator. Such headgear shall:
48 (i) meet the standards set forth by the consumer product safety
49 commission in title 16, part 1203 of the code of federal regulations;
50 (ii) be readily available at each employment site for use by each
51 bicycle operator; and
52 (iii) be replaced if such headgear is no longer in good condition.
53 Headgear is no longer in good condition if it is missing any of its
54 component parts or is otherwise damaged so as to impair its functionali-
55 ty.
A. 407--A 3
1 (2) Each bicycle operator shall wear protective headgear that meets
2 the requirements of paragraph [1] ONE of this subdivision while making
3 deliveries or otherwise operating a bicycle on behalf of such business.
4 The term "wear such protective headgear" means having the headgear
5 fastened securely upon the head with the headgear straps.
6 f. The owner of any business engaged in providing a service as author-
7 ized in this section, notwithstanding that a bicycle may be provided by
8 an employee thereof, shall provide at its own expense and ensure that
9 each bicycle is equipped with a lamp; a bell or other device capable of
10 giving an audible signal; brakes; reflective tires or, alternately, a
11 reflex reflector mounted on the spokes of each wheel; as well as other
12 reflective devices or material, in accordance with section [1236] ONE
13 THOUSAND TWO HUNDRED THIRTY-SIX of the vehicle and traffic law.
14 g. [Except as otherwise provided in subdivision h of this section,
15 the] THE PERSON, FIRM, PARTNERSHIP, JOINT VENTURE, ASSOCIATION, CORPO-
16 RATION OR OTHER SIMILAR ENTITY ENGAGED IN PROVIDING OR ARRANGING FOR THE
17 PROVISION OF A SERVICE AS AUTHORIZED IN THIS SECTION SHALL BE LIABLE FOR
18 ANY violation of any of the provisions of [this section,] THIS CODE
19 REGULATING THE OPERATION OF BICYCLES AND COMMERCIAL BICYCLES or [of] any
20 [of the] rules or regulations that may be promulgated pursuant
21 hereto[,]. SUCH VIOLATION shall be [a violation] triable [by a judge of
22 the criminal court] IN A PROCEEDING BEFORE THE ENVIRONMENTAL CONTROL
23 BOARD of the city of New York and upon conviction [thereof] OF A PERSON,
24 FIRM PARTNERSHIP, JOINT VENTURE, ASSOCIATION, OR CORPORATION shall be
25 punishable by a fine of not less than one hundred dollars nor more than
26 two hundred [and] fifty dollars [or imprisonment for not more than
27 fifteen days or both such fine and imprisonment]. IN ADDITION TO OR AS
28 AN ALTERNATIVE TO THE PENALTIES PROVIDED FOR A VIOLATION OF ANY OF THE
29 PROVISIONS OF THIS SECTION, OR OF ANY OF THE RULES OR REGULATIONS
30 PROMULGATED PURSUANT HERETO, ANY PERSON WHO SHALL VIOLATE ANY SUCH
31 PROVISIONS SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT LESS THAN ONE
32 HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED AND FIFTY DOLLARS FOR EACH
33 VIOLATION. SUCH CIVIL PENALTY MAY BE RECOVERED IN AN ACTION OR PROCEED-
34 ING IN ANY COURT OF COMPETENT JURISDICTION.
35 h. [Any person who makes deliveries or otherwise operates a bicycle on
36 behalf of a business without carrying the identification required by
37 subdivision b of this section or who fails to produce such identifica-
38 tion upon demand as required by such subdivision, or who fails to wear
39 protective headgear required by subdivision e of this section, shall be
40 guilty of a traffic infraction and upon conviction thereof shall be
41 liable for a fine of not less than twenty-five dollars nor more than
42 fifty dollars. It shall be an affirmative defense to such traffic
43 infraction that the business did not provide the protective headgear
44 required by subdivision e of this section. Such traffic infraction may
45 be adjudicated by such an administrative tribunal as is authorized under
46 article two-A of the vehicle and traffic law.] IN ANY PROSECUTION OF A
47 PERSON, FIRM, PARTNERSHIP, JOINT VENTURE, ASSOCIATION OR CORPORATION FOR
48 A VIOLATION OF THIS SECTION, THERE SHALL BE A REBUTTABLE PRESUMPTION
49 THAT SUCH PERSON, FIRM, PARTNERSHIP, JOINT VENTURE, ASSOCIATION OR
50 CORPORATION UTILIZING THE SERVICES OF THE BICYCLE OPERATOR HAD KNOWLEDGE
51 THAT THE BICYCLE OPERATOR WAS IN VIOLATION OF ANY SUBDIVISION OF THIS
52 SECTION.
53 S 2. This act shall take effect on the first of November next succeed-
54 ing the date on which it shall have become a law.
