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

1 Co-sponsor

• Daniel L. Squadron

BILL NUMBER:S3461B

Title of bill

An act to amend the administrative code of the city of New York, in relation to the use of bicycles for commercial purposes

Purpose

To provide that businesses using bicycles for commercial purposes in the city of New York shall be responsible for certain traffic infractions of bicycle operators riding on their behalf. Also to provide that motor-assisted bicycles are not permitted to be ridden on sidewalks in the city of New York.

Summary of provisions

Section 1 of the bill designates it as the "Commercial Bicycle Safety Act."

Section 2 of the bill amends section 10-157 of the Administrative Code to facilitate enforcement of traffic laws with respect to businesses using a bicycle for commercial purposes.

Subdivision a of section 10-157 is amended to make changes to the definition of "bicycle" and "business using a bicycle for commercial purposes," and to define "bicycle operator" for purposes of section 10157.

Subdivisions b through f, h, and i of section 10-157 are amended to make various minor changes.

Subdivision g creates an affirmative defense to a business using a bicycle fox commercial purposes if such business contracted with a bicycle operator to provide delivery services.

Section 3 of the bill amends paragraph one of subdivision a of Section 19-176 of the administrative code of the city of New York to include motor-assisted bicycles within the definition of "bicycle" for the purpose of prohibiting bicycle riding on sidewalks.

Section 4 of the bill sets forth the effective date.

Justification

Bicycles are frequently used for commercial purposes in parts of the city of New York, especially to make deliveries. While this can be an efficient means of providing services to customers, many bicycle operators working on behalf of businesses fail to follow basic traffic laws, such as obeying traffic signals, and one way signs, and avoiding riding on sidewalks. The city of New York has taken steps to improve safety and compliance with the law, to protect pedestrians and the bicycle operators themselves. These steps include local laws to make commercial cyclists, and the businesses on whose behalf they ride more clearly identifiable, requirements of reflective clothing and safety features on bicycles, and training by city staff to promote compliance.

However, success in addressing safety concerns has been limited by the simple fact that businesses often put a premium on making deliveries as quickly as possible and have little incentive to ensure that bicycle operators working on their behalf follow traffic laws or avoid reckless behavior. By assigning penalties to businesses using bicycles for commercial purposes when bicycle operators violate certain traffic laws, this bill will give authorities in the city the tools needed to address this problem.

Fiscal impact on the state

Some increased revenue for the city of New York through better collection of penalties.

Effective date

This act shall take effect on the one hundred fiftieth day after it shall have become a law.