Provides that bicycle operators and the businesses working as an independent contractor with such operators shall be liable for such operator's violation of the law regarding use of a bicycle

Summary of provisions

This bill amends section 10-157 of the Administrative Code to facilitate enforcement by authorities for commercial bicyclists and businesses in violation of this section.

The definition of a business using a bicycle for commercial purposes is expanded to include all commercial cyclists who provide a delivery service for a business, not limiting it to those who are actually employed by the establishment, subject to the provisions of this section.

A sign with the name of the business, and a three digit identification number must be affixed to the rear of each bicycle. Each bicycle operator must wear a jacket or vest with the name of the business and the operator's individual identification number while making deliveries.

Subdivision b is amended to require the business to provide a numbered identification card with the name, residence address and photo of the bicycle operator and the name, address and telephone number of the business.

Subdivision c is amended to require a business using a bicycle for commercial purposes to maintain a log book with the name and address of every bicycle operator or independent contractor.

Subdivision d is amended to require any business using commercial bicycle operators or operators as independent contractors to file an annual report detailing the number of bicycles owned and the identity of all bicycle operators working for or working as independent contractors for the business.

Subdivision e requires the owner of the business using a bicycle for commercial purposes to provide protective headgear for each operator. Each operator must wear the helmet provided.

Subdivision f requires the owner of a business to ensure each bicycle is properly outfitted with all devices in accordance with section 1236 of the vehicle and traffic law.

Subdivision g individuals who violate the traffic code are to be held liable for a civil penalty and such proceedings will take place before the environmental control board. This penalty is in addition to a criminal penalty.

Subdivision h is amended to make any business using a bicycle for commercial purposes to be vicariously liable for any civil penalty imposed on any operator employed by or otherwise working as an independent contractor with such business when the penalty is a result of a violation of any provision of this section.

Subdivision i states that any bicycle operator or independent contractor shall only be considered employed by the business when the business provides direct compensation to that bicycle operator or independent contractor. Clarifies that those other firms hired to provide delivery and messenger services shall not be subject to the provisions of this section.

Section 2 Effective date

Existing law

The New York City Administrative Code prohibits the operation of bicycles on sidewalks due to the danger bicycles pose to pedestrians in the event of a collision.

Section 10-157 of the Administrative Code applies to bicycles used for commercial purposes. This section was created to enable the authorities to enforce the prohibition of delivery bicycles traveling recklessly on sidewalks by assigning liability to the business providing for, or arranging for delivery service. This section requires the business provide identification for the cyclist, with the use of an identification card. Additionally, an obvious visual means of identification with the name of the establishment or a registered number identified solely with a particular business address must be supplied to the commercial cyclist.

Justification

Bicycle delivery employees have been the cause of numerous accidents causing serious injury or death. This problem has been exacerbated by the difficulty experienced in enforcing the current statutory provisions which regulate this activity, and assigning liability to the business utilizing or arranging for the commercial bicycle delivery operator to complete a delivery.

Section 10-157 requires identification to be provided by the business utilizing the services of delivery cyclists for both the bicycle and rider, but until now has not been readily enforced. First, a

violation of this section will may be brought before the environmental control board for ease of prosecution in addition to the criminal court. Secondly, this proposal will create a vicarious liability for any business utilizing the services of the cyclist for the actions of that cyclist. This will subject to a fine from $100 to $250.

By making the business liable for the actions of the cyclists used for delivery of their product, it will promote an interest for the business to only associate with commercial cyclists who adhere to the requirements currently in place in the Administrative Code. By clarifying who is responsible for violations and enabling pedestrians to identify a reckless cyclist and associate the cyclist with the business that they are affiliated with, will facilitate enforcement by the authorities, thereby protecting the pedestrians. The bill also allows an additional penalty to be imposed on the rider in addition to the penalty on the business.

Fiscal implications

Some increased revenue for the City through the imposition of fines to those in violation.

Effective date

Shall take effect on the 150th day after becoming law.