S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5482
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee 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. This act shall be known and may be cited as the "Commercial
 Bicycle Safety Act".
   § 2. 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, subdivisions g and h as amended by local law  number  151  of
 the  city  of  New York for the year 2023, and subdivision l as added by
 local law number 41 of the city of  New  York  for  the  year  2023,  is
 amended to read as follows:
   §  10-157  Bicycles  used  for commercial purposes. a. For purposes of
 this section and section 10-157.1 OF THIS CHAPTER, the  following  terms
 have the following meanings:
   (1)  Bicycle.  The  term  "bicycle" has the same meaning as in section
 19-176 OF THIS CODE, and also means any wheeled device propelled  exclu-
 sively  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)  Bicycle  operator. The term "bicycle operator" means a person who
 delivers packages, parcels, papers, FOOD OR GROCERIES,  or  articles  of
 any  type by bicycle on behalf of a business using a bicycle for commer-
 cial purposes and who is paid by such business.
   (3) Business using a bicycle for commercial purposes. The term  "busi-
 ness  using  a  bicycle  for  commercial purposes" means a person, firm,
 partnership, joint venture, association, corporation,  or  other  entity
 that,  either on behalf of itself or others, delivers packages, parcels,
 papers, FOOD OR GROCERIES, or articles of any type by  bicycle.  Nothing

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09599-01-5
              

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 contained  in  this  section  shall  be construed as applying to persons
 under the age of sixteen who use a bicycle only to deliver daily newspa-
 pers or circulars.
   b.  A  business  using a bicycle for commercial purposes that does not
 have a site within the city that is open and  available  to  the  public
 must provide to the department of transportation, upon a form prescribed
 by the department, the following information:
   (1) the name under which such business is authorized to do business in
 the state, pursuant to the business corporation law,
   (2)  the  registered agent upon whom process against such business may
 be served and the address of such agent, or, if the business has  desig-
 nated  the  secretary  of state as its agent for receiving such process,
 the post office address to which the secretary of state may mail a  copy
 of such process, and
   (3) any other information requested by the department.
   c.  A  business using a bicycle for commercial purposes must assign to
 each of its bicycle  operators  a  three  digit  identification  number,
 except  that  the  department of transportation may promulgate a rule to
 require an identification number with four or more digits. Such business
 must issue to each of its bicycle operators an identification card  that
 contains the name, identification number and photo of the bicycle opera-
 tor and the name, address and telephone number of such business. A bicy-
 cle  operator  shall  carry such identification card while making deliv-
 eries or otherwise operating a bicycle on behalf of any such business. A
 bicycle operator shall be required to produce such  identification  card
 upon  the  demand  of an authorized employee of the police department or
 department of transportation or any other person authorized by law.
   d. A business using a bicycle for commercial purposes shall maintain a
 roster of its bicycle operators. Such roster shall include for each such
 bicycle operator: name; home address; start  date;  discharge  date,  if
 applicable; identification number; and date of completion of the bicycle
 safety  course  required by paragraph [3] THREE of subdivision e of this
 section.   Such roster shall  be  made  available  for  inspection  upon
 request of an authorized employee of the police department or department
 of transportation or any other person authorized by law.
   e.  (1)  A  business  using  a  bicycle  for commercial purposes shall
 provide at its own expense or  ensure  the  availability  of  protective
 headgear  suitable  for each of its bicycle operators. Such business may
 not require any of its bicycle operators to  provide  such  headgear  at
 such operator's expense. 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;
 and
   (ii)  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 a business
 using a bicycle for commercial purposes. The term "wear protective head-
 gear" means having the headgear fastened securely upon the head with the
 headgear straps.
   (3) Each bicycle operator shall complete a bicycle safety course prior
 to making deliveries or otherwise operating a bicycle  on  behalf  of  a
 business  using  a bicycle for commercial purposes. For purposes of this
 A. 5482                             3
 
 section, "bicycle safety course" shall mean information provided by  the
 department  of  transportation regarding safe bicycling and adherence to
 traffic and commercial bicycle laws.
   (4) The commissioner of transportation shall post on the department of
 transportation's  website  the  content  of  the  bicycle  safety course
 required by this section.
   f. A business using a bicycle for commercial purposes, notwithstanding
 that a bicycle may be provided by any of its  bicycle  operators,  shall
 provide at its own expense or 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]  TWELVE  HUNDRED
 THIRTY-SIX of the vehicle and traffic law. Such business may not require
 any  of  its  bicycle operators to provide such equipment at such opera-
 tor's expense.
   g. A business using a bicycle for commercial purposes shall be respon-
 sible for the compliance with the provisions of  this  section,  SECTION
 19-176  OF THIS CODE, AND SECTIONS ELEVEN HUNDRED ELEVEN, ELEVEN HUNDRED
 TWENTY-SEVEN, TWELVE  HUNDRED  THIRTY-SIX,  TWELVE  HUNDRED  FORTY,  AND
 TWELVE  HUNDRED  FORTY-ONE OF THE VEHICLE AND TRAFFIC LAW of its bicycle
 operators.
   (1) 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 of not less than $100 nor more than $250 [or impri-
 sonment for not more than 15 days or both such fine and imprisonment].
   (2)  Any  such  business  that  violates any of the provisions of this
 section or any of the rules promulgated pursuant hereto, except subdivi-
 sion d of this section and any of the rules promulgated pursuant to such
 subdivision, shall be subject to a civil penalty of $100. Any such busi-
 ness that violates a provision  of  this  section  or  rule  promulgated
 pursuant hereto more than 30 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 $250. Any such  business  that
 violates  subdivision  d of this section or any of the rules promulgated
 pursuant hereto shall be subject to a civil penalty of $100, except that
 with respect to first time violations of such subdivision,  the  commis-
 sioner  of  transportation  shall notify such business of such violation
 and request that action be taken to correct such  violation  in  such  a
 manner  within  30 days and shall afford such business an opportunity to
 contest the commissioner's finding in a manner set forth in the rules of
 the department of transportation. Civil  penalties  issued  pursuant  to
 this  paragraph  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.
   (3)  IT SHALL BE AN AFFIRMATIVE DEFENSE TO A VIOLATION OF THIS SECTION
 BY A PERSON, FIRM, PARTNERSHIP, JOINT VENTURE, ASSOCIATION, CORPORATION,
 OR OTHER ENTITY AS TO ANY PROVISION APPLICABLE TO  A  BUSINESS  USING  A
 BICYCLE  FOR  COMMERCIAL  PURPOSES,  THAT  SUCH PERSON OR ENTITY DID NOT
 EMPLOY OR PROVIDE DIRECT COMPENSATION TO A BICYCLE OPERATOR, BUT  RATHER
 CONTRACTED  WITH  A BUSINESS OTHER THAN SUCH BICYCLE OPERATOR TO PROVIDE
 DELIVERY SERVICES.
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   h. Any bicycle operator who makes deliveries or otherwise  operates  a
 bicycle  on behalf of a business using a bicycle for commercial purposes
 without carrying the identification card required by  subdivision  c  of
 this  section,  or  who  fails  to produce such identification card upon
 demand  pursuant  to  such  subdivision, or who fails to wear protective
 headgear required by subdivision e of this section or the  retro-reflec-
 tive  apparel required by subdivision 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 $25 nor more than $50. It shall be an affirma-
 tive defense to such traffic  infraction  that  such  business  did  not
 provide  the  protective headgear, the identification card or the retro-
 reflective apparel required by subdivisions c, e or i of  this  section.
 Such traffic infraction may be adjudicated by an administrative tribunal
 authorized under article 2-A of the vehicle and traffic law.
   i.  A  business  using a bicycle for commercial purposes shall provide
 for and require each of its bicycle operators to  wear,  and  each  such
 bicycle  operator  shall wear, a retro-reflective jacket, vest, or other
 wearing apparel on the upper part of such operator's body as the  outer-
 most garment while making deliveries or otherwise operating a bicycle on
 behalf  of  such  business,  the back of which shall indicate such busi-
 ness's 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. A business using  a  bicycle  for  commercial  purposes  shall  not
 possess any motorized scooter and shall not permit any person to operate
 a motorized scooter on behalf of such business. A business using a bicy-
 cle  for commercial purposes shall be liable for any violation of SUBDI-
 VISION B OF section 19-176.2[(b)] OF THIS CODE committed by  any  person
 operating  a  motorized scooter on behalf of such business. For purposes
 of this section, "motorized scooter" shall  be  as  defined  in  section
 19-176.2 OF THIS CODE.
   l. A business using a bicycle for commercial purposes shall provide to
 its  bicycle  operators  the  materials  identified by the department of
 consumer and worker protection pursuant  to  subdivision  a  of  section
 20-1525. Unless such business has already provided such materials pursu-
 ant  to  subdivision  b  of section 20-1525, such business shall provide
 such materials to its bicycle operators no later than sixty  days  after
 such  department  publishes  such materials pursuant to subdivision a of
 section 20-1525. Such materials shall be provided in English, the desig-
 nated citywide languages as defined in section 23-1101,  and  any  addi-
 tional  languages  in  which  such  materials have been published by the
 department of consumer and worker protection.
   § 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
 STATE DEPARTMENT OF MOTOR VEHICLES, except that  it  shall  not  include
 A. 5482                             5
 
 such a device having solid tires and intended for use only on a sidewalk
 by a child.
   §  4. This act shall take effect on the one hundred fiftieth day after
 it shall have become a law.