S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9109
 
                             I N  S E N A T E
 
                              April 26, 2024
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   safety requirements for commercial bicycle operators and businesses
 
   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. BICYCLES WITH ELECTRIC ASSIST USED FOR COMMERCIAL PURPOSES. 1.
 FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "COMMERCIAL BICYCLE OPERATOR" SHALL MEAN AN INDIVIDUAL WHO IS PAID
 TO OPERATE A BICYCLE WITH ELECTRIC ASSIST ON BEHALF A BUSINESS; AND
   (B) "BUSINESS" SHALL MEAN A PERSON, FIRM, PARTNERSHIP, JOINT  VENTURE,
 ASSOCIATION,  CORPORATION,  OR  OTHER  ENTITY  THAT EMPLOYS A COMMERCIAL
 BICYCLE OPERATOR.
   2. A COMMERCIAL BICYCLE OPERATOR SHALL:
   (A) COMPLY WITH  ALL  PROVISIONS  OF  LAW  PURSUANT  TO  THIS  ARTICLE
 PERTAINING  TO THE OPERATION OF A BICYCLE INCLUDING A BICYCLE WITH ELEC-
 TRIC ASSIST;
   (B) USE A WHITE HEADLIGHT AND RED TAILLIGHT AT NIGHT;
   (C) WEAR RETROREFLECTIVE UPPER BODY APPAREL WITH THE  BUSINESS'S  NAME
 AND SUCH COMMERCIAL BICYCLE OPERATOR'S THREE-DIGIT IDENTIFICATION NUMBER
 ON THE BACK IN LETTERING AT LEAST ONE INCH HIGH;
   (D) WEAR SUITABLE HEADGEAR; AND
   (E)  CARRY  A BUSINESS IDENTIFICATION CARD AT ALL TIMES WHEN RIDING ON
 BEHALF OF THE BUSINESS, WHICH INCLUDES THE FOLLOWING INFORMATION:
   (I) THE BUSINESS'S NAME, ADDRESS AND PHONE NUMBER; AND
   (II) THE COMMERCIAL BICYCLE OPERATOR'S  NAME,  PHOTO  AND  THREE-DIGIT
 IDENTIFICATION NUMBER.
   3. ANY BUSINESS THAT EMPLOYS A COMMERCIAL BICYCLE OPERATOR SHALL:
   (A)  ASSIGN  TO EACH OF ITS COMMERCIAL BICYCLE OPERATORS A THREE-DIGIT
 IDENTIFICATION NUMBER AND ISSUE TO EACH OF ITS COMMERCIAL BICYCLE OPERA-
 TORS AN IDENTIFICATION  CARD  THAT  CONTAINS  THE  NAME,  IDENTIFICATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15070-03-4
 S. 9109                             2
 
 NUMBER  AND  PHOTO  OF  THE  COMMERCIAL  BICYCLE  OPERATOR AND THE NAME,
 ADDRESS AND TELEPHONE NUMBER OF SUCH BUSINESS;
   (B)  PROVIDE  EACH COMMERCIAL BICYCLE OPERATOR WITH SUITABLE HEADGEAR.
 SUCH HEADGEAR MUST MEET THE STANDARDS SET FORTH BY THE CONSUMER  PRODUCT
 SAFETY  COMMISSION  IN  PART  ONE  THOUSAND  TWO  HUNDRED THREE OF TITLE
 SIXTEEN OF THE CODE OF FEDERAL REGULATIONS AND MUST BE REPLACED  AT  THE
 EXPENSE OF THE BUSINESS IF SUCH HEADGEAR IS MISSING ANY OF ITS COMPONENT
 PARTS OR IS OTHERWISE DAMAGED SO AS TO IMPAIR ITS FUNCTIONALITY;
   (C)  MAINTAIN  A  ROSTER  OF  COMMERCIAL  BICYCLE  OPERATORS  THAT ARE
 EMPLOYED BY SUCH BUSINESS WHICH INCLUDES THE FOLLOWING INFORMATION:
   (I) THE NAME, RESIDENCE ADDRESS, DATE OF EMPLOYMENT AND, WHERE  APPLI-
 CABLE,  THE DATE OF DISCHARGE FROM EMPLOYMENT OF EACH COMMERCIAL BICYCLE
 OPERATOR;
   (II) EACH COMMERCIAL BICYCLE OPERATOR'S UNIQUE THREE-DIGIT IDENTIFICA-
 TION NUMBER;
   (D) EQUIP EACH COMMERCIAL BICYCLE WITH ELECTRIC ASSIST WITH:
   (I) A BELL OR OTHER AUDIBLE DEVICE;
   (II) A WHITE HEADLIGHT AND A RED TAILLIGHT;
   (III) REFLEX REFLECTORS;
   (IV) BRAKES; AND
   (V) A METAL OR PLASTIC SIGN IN GOOD CONDITION AT LEAST THREE INCHES BY
 FIVE INCHES WITH THE BUSINESS'S NAME AND A UNIQUE BICYCLE IDENTIFICATION
 NUMBER FOR EACH BICYCLE IN LETTERING AT LEAST ONE INCH  HIGH.  THE  SIGN
 MUST BE AFFIXED TO THE REAR OR BOTH SIDES OF THE BICYCLE; AND
   (E)  PROVIDE SAFETY TRAINING. SUCH BUSINESS SHALL PROVIDE A COMMERCIAL
 BICYCLE OPERATOR WITH A CERTIFICATE OF COMPLETION UPON THE COMPLETION OF
 SUCH TRAINING. THE CURRICULUM OF SUCH TRAINING SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (I) THE LAWS GOVERNING THE OPERATION OF BICYCLES;
   (II) APPROPRIATE TRAFFIC BEHAVIOR AND THE LAWS GOVERNING SUCH  TRAFFIC
 BEHAVIOR;
   (III) IDENTIFICATION AND AVOIDANCE OF HAZARDS;
   (IV) PEDESTRIAN AND MOTOR VEHICLE SAFETY;
   (V) BICYCLE SAFETY INSPECTION AND MAINTENANCE; AND
   (VI) INJURY PREVENTION.
   4.  A  COMMERCIAL  BICYCLE OPERATOR WHO VIOLATES ANY PROVISION OF THIS
 SECTION SHALL BE ISSUED A NOTICE OF VIOLATION. THE BUSINESS THAT EMPLOYS
 SUCH OPERATOR SHALL RECEIVE A FINE OF TWO HUNDRED FIFTY DOLLARS FOR  THE
 FIRST  OFFENSE. FOR EACH SUBSEQUENT OFFENSE SUCH FINE SHALL BE INCREASED
 BY FIFTY DOLLARS.   AFTER THE THIRD OFFENSE, SUCH  FINE  SHALL  BE  FIVE
 HUNDRED DOLLARS FOR EACH SUBSEQUENT OFFENSE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.