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

                                   224

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. KAVANAGH, STEVENSON -- 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. Section 10-157 of the administrative code of  the  city  of
New  York,  subdivisions  e  and  f as added and subdivisions g and h as
amended by local law number 9 of the city of New York for the year 2007,
is amended to read as follows:
  S 10-157 Bicycles used for commercial purposes.  a.  [Every]  FOR  THE
PURPOSES  OF  THIS  SECTION,  THE  TERM  "BUSINESSES USING A BICYCLE FOR
COMMERCIAL PURPOSES" SHALL  MEAN  A  person,  firm,  partnership,  joint
venture,  association  [or],  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. A BUSINESS USING A BICYCLE FOR COMMERCIAL  PURPOSES
shall  provide  identification of [the] SUCH business by requiring every
bicycle or bicycle operator to be identified by:
  (1) affixing to the rear of each bicycle, bicycle seat or  both  sides
of  the  delivery  basket,  a  metal,  plastic  or  other sign of a type
approved by the police commissioner, with the name of [the]  SUCH  busi-
ness  and a three digit identification number which identifies the bicy-
cle operator in lettering and numerals so as to be plainly readable at a
distance of not less than ten feet and maintaining same in  good  condi-
tion thereon; and
  (2)  by  requiring  each  bicycle  operator to wear a jacket, vest, or
other wearing apparel on the upper part  of  the  cyclist's  body  while
making deliveries, or otherwise riding a bicycle on behalf of [the] SUCH
business,  the  back  of  which shall indicate the business name and the

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

                                                           LBD02317-01-3

A. 224                              2

bicycle operator's individual identification  number  in  lettering  and
numerals so as to be plainly readable at a distance of not less than ten
feet.
  b.  Every  [person,  firm,  partnership, joint venture, association or
corporation engaged in providing a service as authorized  herein]  BUSI-
NESS USING A BICYCLE FOR COMMERCIAL PURPOSES must issue to every bicycle
operator  a  numbered identification card which contains the name, resi-
dence address and photo of the bicycle operator and  the  name,  address
and  telephone  number of the [company for whom] BUSINESS WITH WHICH the
bicycle operator is employed OR  OTHERWISE  WORKING  AS  AN  INDEPENDENT
CONTRACTOR.    Such  identification  card must be carried by the bicycle
operator while the [cyclist] BICYCLE OPERATOR is making deliveries[,] or
otherwise riding a bicycle on  behalf  of  the  business,  and  must  be
produced  upon  the demand of a police officer or any other law enforce-
ment officer.
  c. Every [person, firm, partnership,  joint  venture,  association  or
corporation  engaged  in providing a service as authorized herein] BUSI-
NESS USING A BICYCLE FOR COMMERCIAL PURPOSES shall  maintain  in  a  log
book  to  be  kept  for  such  purpose,  the name and place of residence
address of every [employee operating a] bicycle OPERATOR,  the  date  of
employment  OR STATUS AS AN INDEPENDENT CONTRACTOR and discharge of each
person in said service, and every messenger or delivery  person's  iden-
tification  number. The owner of any SUCH business [engaged in providing
a service as authorized in this section] USING A BICYCLE FOR  COMMERCIAL
PURPOSES  shall  be  responsible for maintaining in the log book a daily
trip record in which all entries shall be made legibly in ink  and  each
entry  shall be dated and include the bicycle identification number, the
operator's name and the name and place of  origin  and  destination  for
each trip. No entry shall be rewritten either in whole or in part except
in such manner as may be provided by regulation of the commissioner; any
such  unauthorized rewriting shall give rise to a rebuttable presumption
of an act of fraud, deceit or misrepresentation. Such log book shall  be
made  available  for  inspection during regular and usual business hours
upon request of an agent of the police commissioner or any police  offi-
cer or any other person authorized by law.
  d.  The  owner  of  any  business  [engaged  in providing a service as
authorized in this section] USING  A  BICYCLE  FOR  COMMERCIAL  PURPOSES
shall  file  an annual report in such form as shall be designated by the
police commissioner by rule or regulations.  Said report shall  include,
inter  alia,  the number of bicycles it owns and the number and identity
of any [employees it may retain] BICYCLE OPERATORS EMPLOYED BY OR OTHER-
WISE WORKING AS AN INDEPENDENT CONTRACTOR WITH SUCH BUSINESS.  Any  SUCH
business  [engaged in providing a service as authorized in this section]
shall be responsible for the compliance  with  the  provisions  of  this
section of any [employees it shall retain] BICYCLE OPERATORS EMPLOYED BY
OR  OTHERWISE  WORKING  AS AN INDEPENDENT CONTRACTOR WITH SUCH BUSINESS.
Nothing contained in this section shall  be  construed  as  applying  to
persons  under  the  age  of  sixteen who use a bicycle to deliver daily
newspapers or circulars.
  e. (1) The owner of any business [engaged in providing  a  service  as
authorized  in  this  section]  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;

A. 224                              3

  (ii)  be  readily  available  at  each employment site 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] 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.
  f.  The  owner  of  any  business  [engaged  in providing a service as
authorized in this section] 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; brakes; reflective
tires or, alternately, a reflex reflector mounted on the spokes of  each
wheel;  as  well  as other reflective devices or material, in accordance
with section [1236] ONE THOUSAND TWO HUNDRED THIRTY-SIX of  the  vehicle
and traffic law.
  g. [Except as otherwise provided in subdivision h of this section, the
violation  of]  A  PERSON  OR  BUSINESS  USING  A BICYCLE FOR COMMERCIAL
PURPOSES THAT VIOLATES any of the provisions of this  section,  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 [and] fifty dollars [or imprisonment
for not more than fifteen days or both such fine and imprisonment] WHICH
MAY BE RECOVERED AGAINST A BICYCLE OPERATOR OR AGAINST A BUSINESS  USING
A  BICYCLE  FOR  COMMERCIAL PURPOSES IN A PROCEEDING BEFORE THE ENVIRON-
MENTAL CONTROL BOARD.
  h. [Any person who makes deliveries or otherwise operates a bicycle on
behalf of a business without carrying  the  identification  required  by
subdivision  b  of this section or who fails to produce such identifica-
tion upon demand as required by such subdivision, or who fails  to  wear
protective  headgear required by subdivision e 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  the  business  did not provide the protective headgear
required by subdivision e 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.] ANY BUSINESS USING A
BICYCLE FOR COMMERCIAL PURPOSES SHALL  BE  VICARIOUSLY  LIABLE  FOR  ANY
CIVIL  PENALTY  IMPOSED ON ANY BICYCLE OPERATOR EMPLOYED BY OR OTHERWISE
WORKING AS AN INDEPENDENT CONTRACTOR WITH SUCH BUSINESS WHEN SUCH PENAL-
TY IS THE RESULT OF A  VIOLATION  OF  ANY  PROVISION  OF  THIS  SECTION,
SECTION 19-176 OF THIS CODE, OR SECTION ONE THOUSAND ONE HUNDRED ELEVEN,
SECTION  ONE THOUSAND ONE HUNDRED TWENTY-SEVEN, SECTION ONE THOUSAND TWO
HUNDRED THIRTY-SIX, SECTION ONE THOUSAND TWO HUNDRED FORTY, SECTION  ONE
THOUSAND TWO HUNDRED FORTY-ONE OF THE VEHICLE AND TRAFFIC LAW.
  I.  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

A. 224                              4

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.

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

                                 224--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. KAVANAGH, STEVENSON -- read once and referred to
  the Committee on Cities -- 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:

  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
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.
              

                                                           LBD02317-06-3

A. 224--A                           2

  (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:
  (i) meet the standards  set  forth  by  the  consumer  product  safety
commission in title 16, part 1203 of the code of federal regulations;

A. 224--A                           3

  (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
more  than  two hundred fifty dollars [or imprisonment for not more than
fifteen days or both such fine and imprisonment. In addition, any  busi-

A. 224--A                           4

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
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

A. 224--A                           5

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.