S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    226
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00757-01-5
              

 S. 226                              2
 
   (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-
 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, subdivision a as amended by local law number 91
 of the city of New York for the year 2017 and subdivision g  as  amended
 by  local  law number 151 of the city of New York for the year 2023, 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.
   (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, OR THE PROVISIONS OF SUBDIVISION FIVE OF SECTION TWELVE
 HUNDRED FORTY-TWO OF  THE  VEHICLE  AND TRAFFIC LAW BY ITS BICYCLE OPER-
 ATORS 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 imprisonment 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, OR THE PROVISIONS OF SUBDIVISION  FIVE  OF  SECTION  TWELVE
 HUNDRED  FORTY-TWO  OF THE VEHICLE AND TRAFFIC LAW BY ITS BICYCLE OPERA-
 TORS shall be subject to a civil penalty of $100. Any such business that
 violates a provision of this section or rule promulgated pursuant hereto
 more than 30 days 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 commissioner 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
 S. 226                              3
 
 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 juris-
 diction or the environmental control board.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.