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Any person who violates any provision of this subchapter or any rules promulgated pursuant to this subchapter shall be subject to a civil penalty of: (i) one hundred seventy-five dollars for the first violation; (ii) three hundred dollars for the second violation committed; and (iii) five hundred dollars for the third and any subsequent violation committed.
(L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
Subchapter 9: Pedicabs
It is the purpose of this subchapter to regulate and control pedicab businesses to protect consumers and to ensure the safety of the public, including passengers and drivers operating pedicabs. It is also the purpose of this subchapter to minimize the effect of pedicabs on traffic and congestion by establishing a maximum number of pedicabs that can be authorized to operate in the city. It is the purpose of this subchapter to require the inspection of pedicabs to ensure that pedicabs are safely operated in the streets of the city, and to provide a process for their removal if they have not been inspected as required.
Whenever used in this subchapter:
Family member. The term "family member" means a member of the immediate family, including, but not limited to, a spouse, domestic partner, sibling, child, grandchild, parent or grandparent.
Owned or owns. The term "owned" or "owns" means possession with good legal title, or possession under a lease, reserve title contract, conditional sales agreement or vendor's agreement or similar agreement.
Pedicab. The term "pedicab" means a bicycle as defined in the vehicle and traffic law or other device that is designed and constructed to transport or carry passengers, that is solely propelled by human power, and that is operated to transport passengers for hire.
Pedicab owner or owner. The term "pedicab owner" or "owner" means any person who owns one or more pedicabs in the city of New York.
Pedicab business or business. The term "pedicab business" or "business" means a pedicab owner who operates or authorizes the operation of one or more pedicabs in the city of New York.
Pedicab business license. The term "pedicab business license" means a license issued by the commissioner pursuant to section 20-250.
Pedicab driver. The term "pedicab driver" means any natural person who propels and operates a pedicab in the city of New York.
Pedicab driver license. The term "pedicab driver license" means a license issued by the commissioner to a pedicab driver to operate a pedicab.
Person. The term "person" means any natural person, firm, partnership, joint venture, corporation or association.
Registration plate. The term "registration plate" means a unique identification tag issued by the commissioner pursuant to section 20-255.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/053 and L.L. 2021/080.
a. It shall be unlawful for a pedicab owner to conduct a pedicab business unless such pedicab owner shall have first obtained from the commissioner a pedicab business license.
b. In order to obtain, amend or renew a pedicab business license, a pedicab owner must provide the commissioner with the following:
1. A list of all pedicabs owned, leased or controlled by such pedicab owner for which such owner seeks registration pursuant to section 20-255. Each such pedicab shall be uniquely identified on such list;
2. Proof that there is in force for the full license term a policy of public liability and property damage insurance that meets the requirements of section 20-253 of this subchapter for each pedicab listed pursuant to paragraph one of this subdivision; and
3. Such other information as the commissioner may require to establish the pedicab owner's eligibility for a pedicab business license under this subchapter.
c. A pedicab business license shall be valid for a term of one year, except that business licenses issued prior to November 1, 2010 shall expire on November 1, 2010. There shall be an annual fee of one hundred and ten dollars for such license that shall include the fee for registration, required by section 20-255, of one pedicab. The registration fee for each additional pedicab shall be sixty dollars. The annual fee may be pro-rated by the commissioner for the initial license period.
d. Notwithstanding subdivision a of this section, a person holding a pedicab driver license shall not be required to obtain a pedicab business license to drive a pedicab that is owned by a pedicab business licensed under this subchapter.
e. The commissioner shall have the authority to deny or revoke a pedicab business license if a pedicab owner fails to obtain the registration plates required pursuant to section 20-255 for the pedicab(s) identified on the list submitted by such owner pursuant to paragraph 1 of subdivision b of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/053.
a. The commissioner shall accept application for registration plates, pursuant to section 20-255, provided that the total number of registration plates shall not exceed eight hundred and fifty. The commissioner shall conduct an annual review of pedicab registrations, and if the number of registration plates issued falls below eight hundred and forty, the Commissioner shall issue additional registration plates in such manner as is consistent with the provisions of this subchapter as he or she by rule shall prescribe.
c. The commissioner shall issue registration plates only to a pedicab owner who has submitted the materials required by subdivision b of section 20-250 to obtain, amend or renew a pedicab business license or to a pedicab owner who has already obtained a pedicab business license.
d. The commissioner shall not issue registration plates to more than thirty pedicabs for any pedicab business. No pedicab business or pedicab owner shall hold more than thirty registration plates at any one time. A pedicab business shall be deemed to have more than thirty registration plates if:
(1) an owner of such pedicab business has a direct or indirect beneficial interest in one or more other pedicab businesses and the businesses together have more than thirty registration plates;
(2) a family member of the owner of such business has a direct or indirect beneficial interest in one or more other pedicab businesses and the businesses together have more than thirty registration plates;
(3) a person who has a direct or indirect beneficial interest in such pedicab business has a direct or indirect beneficial interest in one or more other pedicab businesses and the businesses together have more than thirty registration plates; or
(4) a family member of a person who has a direct or indirect beneficial interest in such pedicab business has a direct or indirect beneficial interest in one or more other pedicab businesses and the businesses together have more than thirty registration plates.
e. The commissioner shall issue registration plates only to a pedicab business or owner with respect to pedicabs listed and identified in accordance with paragraph 1 of subdivision b of section 20-250 on the application of such business or owner for a pedicab business license.
f. A pedicab registration plate shall become void upon the revocation or suspension of the pedicab owner's pedicab business license.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2007/019, L.L. 2009/053 and L.L. 2011/034.
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