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.