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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.
a. A pedicab business license shall be issued only to a person who meets all the requirements of this subchapter and any rules promulgated by the commissioner to effectuate the purposes of this subchapter.
b. A pedicab business license shall be valid only for the person in whose name it is issued.
c. The commissioner may refuse to issue to a pedicab owner a pedicab business license or to renew a pedicab business license to a pedicab owner based upon a determination that such applicant has engaged in conduct that would constitute a basis for license suspension or revocation as set forth in subdivision a of section 20-261 of this subchapter.
d. A pedicab business license cannot be transferred or sold. The commissioner shall promulgate rules as to whether, and the extent to which, a pedicab business license remains valid after any change in the beneficial ownership of a pedicab business, including, without limitation, any such change resulting from a direct or indirect, voluntary or involuntary, sale or transfer of a beneficial ownership interest.
a. It shall be unlawful for any pedicab business to operate or authorize the operation of a pedicab within the city unless there is in force for such pedicab a policy of insurance that meets the requirements of this section.
b. Such policy of liability insurance shall insure such pedicab business and all pedicab drivers of the pedicabs of such business, whether such pedicab drivers are employees of the pedicab business or operate such pedicabs otherwise by agreement with the pedicab business. Such insurance policy must provide, at minimum, the following protection:
1. The pedicab business carries a policy providing liability coverage for injury or death of any person or persons, and damage to or destruction of any property in a combined single limit amount of two million dollars, or such higher amount as the commissioner may determine pursuant to rule, with a maximum of one million dollars for each accident, where liability for such injury or death of a person or persons, or damage to or destruction of property shall arise out of the operation of the pedicab business's pedicabs; or
2. Each pedicab is insured in at least the following amounts, unless the commissioner establishes higher amounts pursuant to rule, where liability for such injury or death of a person or persons, or damage to or destruction of property shall arise out of the operation of the pedicab:
(i) for personal injury or death to one person, one hundred thousand dollars;
(ii) for personal injury or death to all persons in one accident, three hundred thousand dollars, with a maximum of one hundred thousand dollars for each person; and
(iii) for property damage, fifty thousand dollars.
c. Such policy of liability insurance shall name the city of New York as an insured party.
d. The pedicab business shall notify the commissioner of any modification, amendment, cancellation or substitution of any insurance policy required under subdivision b of this section within fourteen days of the date of the notice to the pedicab business of such modification, amendment, cancellation or substitution.
e. If the policy of insurance required by this section lapses for any reason, the license issued pursuant to section 20-250 shall become void for such pedicab business.
a. Each pedicab operated in the city shall be equipped with the following features:
1. three or more wheels;
2. a unibody frame for the entire vehicle;
3. seating for no more than three passengers;
4. hydraulic or mechanical disc or drum brakes, which are unaffected by rain or wet conditions;
5. a secondary or emergency brake system;
6. battery-operated headlights capable of projecting a beam of light for a distance of 300 feet;
7. battery-operated taillights which are visible from 500 feet;
8. turn lights;
9. passenger seat belts;
10. an audible signaling device;
11. reflectors on the spokes of the wheels of the pedicab;
12. a timer, of a type approved by the commissioner, affixed within clear view of passengers;
13. a sign attached to the interior of the pedicab within view of passengers indicating the name and telephone number of the pedicab business, the pedicab's registration number and a telephone number that can be used to direct consumer complaints about such pedicab to the department;
14. a sign conspicuously posted on both sides of the exterior of the pedicab indicating in letters and numbers at least two inches high the dollar amount to be charged per minute per ride, and in letters and numbers at least one half of an inch high that: (i) no additional fees may be charged and (ii) drivers must give passengers a pedicab information card; and
15. a sign affixed to the rear of the bicycle seat of the pedicab indicating in letters and numbers at least two inches high the dollar amount to be charged per minute per ride.
b. The maximum width of a pedicab shall be fifty-five inches and the maximum length of a pedicab shall be ten feet.
c. It shall be unlawful for a pedicab business to operate or authorize the operation of, or for a pedicab driver to operate, a pedicab that does not comply with the requirements of this section.
a. It shall be unlawful for a pedicab business to operate or authorize the operation of, or for a pedicab driver to operate, a pedicab unless:
1. it has been inspected by the department;
2. it has been issued a registration plate that indicates on such plate the expiration date of the current registration; and
3. such registration is in effect.
b. The registration shall be valid for a period no longer than one year and the expiration date of such registration plate shall be a date specified by the commissioner by rule, except that the registrations issued prior to November 1, 2010 shall expire on November 1, 2010.
c. If the commissioner determines after such inspection that a pedicab is equipped with the features set forth in subdivision a of section 20-254, and complies with the requirement set forth in subdivision b of section 20-254, upon payment of the registration fee provided by section 20-250 of this subchapter, the department shall issue a registration plate to the pedicab business that authorized the operation of such pedicab.
d. Such registration plate shall be securely affixed by the department to a conspicuous and indispensable part of each pedicab.
e. The registration plate shall be of such material, form, design, and dimension and set forth such distinguishing number or other identification marks as the commissioner shall prescribe.
f. A pedicab business shall pay an additional fifty-five dollars as the re-inspection fee for any pedicab that fails to appear at an inspection scheduled by the department or that is determined upon inspection not to meet the requirements of this section and such business re-applies for a registration plate. The commissioner shall also have the authority to determine the circumstances under which reinspections of pedicabs shall be permitted.
g. It shall be unlawful for a person to whom a registration plate has been issued to transfer any interest in such plate to any other person unless:
1. the pedicab, if intended to be transferred with the registration plate, complies with all applicable requirements imposed by this subchapter;
2. such transfer will not result in a violation of subdivision d of section 20-251; and
3. the commissioner approves such transfer.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/053.
Every pedicab business shall maintain such records related to the ownership and operation of its pedicabs as the commissioner may prescribe by rule. Such records shall be made available for inspection by the commissioner at his or her request at either the offices of the pedicab business or at the offices of the department.
a. It shall be unlawful for a pedicab driver to operate a pedicab unless the pedicab driver shall have first obtained a pedicab driver license from the commissioner.
b. It shall be unlawful for a pedicab business to permit the operation of any pedicabs owned by it by a person who does not have a pedicab driver license and a motor vehicle driver's license in full force and effect.
c. In order to obtain or renew a pedicab driver license, a pedicab driver shall file an application with the commissioner for such pedicab driver license. Such application shall be made upon such form as prescribed by the commissioner and shall contain such information as the commissioner may require to establish the applicant's eligibility for a pedicab driver license under this subchapter.
d. To be eligible for or to maintain a pedicab driver license, an applicant or licensee shall:
1. be at least eighteen years of age;
2. possess a currently valid motor vehicle driver's license that is in full force and effect;
3. not have his or her motor vehicle driver's license suspended or revoked; and
4. meet such fitness requirements as the commissioner may determine by rule.
e. A pedicab driver license shall be valid for a term of one year. There shall be a fee of thirty-five dollars for such license. The commissioner shall establish the expiration date for such license by rule.
f. The commissioner may refuse to issue a pedicab driver license or to renew such a license based upon a determination that such pedicab driver has engaged in conduct which would constitute a basis for the suspension or revocation of a pedicab driver license as set forth in subdivision c of section 20-261 of this subchapter.
g. Service of a violation, and any related notices, on a pedicab driver shall constitute service on the pedicab business that authorized the operation of such pedicab by virtue of employment, lease, or any other arrangement and shall afford the pedicab business the opportunity to participate in any hearing held on such violation.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/053.
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