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, partnership, 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.
b. A business using a bicycle for commercial purposes that does not have a site within the city that is open and available to the public must provide to the department of transportation, upon a form prescribed by the department, the following information:
(1) the name under which such business is authorized to do business in the state, pursuant to the business corporation law,
(2) the registered agent upon whom process against such business may be served and the address of such agent, or, if the business has designated the secretary of state as its agent for receiving such process, the post office address to which the secretary of state may mail a copy of such process, and
(3) any other information requested by the department.
c. A business using a bicycle for commercial purposes must assign to each of its bicycle operators a three digit identification number, except that the department of transportation may promulgate a rule to require an identification number with four or more digits. Such business must issue to each of its bicycle operators an identification card that contains the name, identification number and photo of the bicycle operator and the name, address and telephone number of such business. A bicycle operator shall carry such identification card while making deliveries or otherwise operating a bicycle on behalf of any such business. A bicycle operator shall be required to produce such identification card upon the demand of an authorized employee of the police department or department of transportation or any other person authorized by law.
d. A business using a bicycle for commercial purposes shall maintain a roster of its bicycle operators. Such roster shall include for each such bicycle operator: name; home address; start date; discharge date, if applicable; identification number; and date of completion of the bicycle safety course required by paragraph 3 of subdivision e of this section. Such roster shall be made available for inspection upon request of an authorized employee of the police department or department of transportation or any other person authorized by law.
e. (1) A business using a bicycle for commercial purposes shall provide at its own expense or ensure the availability of protective headgear suitable for each of its bicycle operators. Such business may not require any of its bicycle operators to provide such headgear at such operator's expense. Such headgear shall:
(i) meet the standards set forth by the consumer product safety commission in title 16, part 1203 of the code of federal regulations; and
(ii) be replaced if such headgear is no longer in good condition. Headgear is no longer in good condition if it is missing any of its component parts or is otherwise damaged so as to impair its functionality.
(2) Each bicycle operator shall wear protective headgear that meets the requirements of paragraph 1 of this subdivision while making deliveries or otherwise operating a bicycle on behalf of a business using a bicycle for commercial purposes. The term "wear protective headgear" means having the headgear fastened securely upon the head with the headgear straps.
(3) Each bicycle operator shall complete a bicycle safety course prior to making deliveries or otherwise operating a bicycle on behalf of a business using a bicycle for commercial purposes. For purposes of this section, "bicycle safety course" shall mean information provided by the department of transportation regarding safe bicycling and adherence to traffic and commercial bicycle laws.
(4) The commissioner of transportation shall post on the department of transportation's website the content of the bicycle safety course required by this section.
f. A business using a bicycle for commercial purposes, notwithstanding that a bicycle may be provided by any of its bicycle operators, shall provide at its own expense or ensure that each bicycle is equipped with: a lamp; a bell or other device capable of giving an audible signal from a distance of at least one hundred feet, provided however that a siren or whistle shall not be used; brakes; reflective tires or, alternately, a reflex reflector mounted on the spokes of each wheel; as well as other devices or material in accordance with section 1236 of the vehicle and traffic law. Such business may not require any of its bicycle operators to provide such equipment at such operator's expense.
g. A business using a bicycle for commercial purposes shall be responsible for the compliance with the provisions of this section of 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, 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 subdivision d of this section and any of the rules promulgated pursuant to such subdivision, 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 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 jurisdiction or the environmental control board.
h. Any bicycle operator who makes deliveries or otherwise operates a bicycle on behalf of a business using a bicycle for commercial purposes without carrying the identification card required by subdivision c of this section, or who fails to produce such identification card upon demand pursuant to such subdivision, or who fails to wear protective headgear required by subdivision e of this section or the retro-reflective apparel required by subdivision i of this section, shall be guilty of a traffic infraction and upon conviction thereof shall be liable for a fine of not less than $25 nor more than $50. It shall be an affirmative defense to such traffic infraction that such business did not provide the protective headgear, the identification card or the retro-reflective apparel required by subdivisions c, e or i of this section. Such traffic infraction may be adjudicated by an administrative tribunal authorized under article 2-A of the vehicle and traffic law.
i. A business using a bicycle for commercial purposes shall provide for and require each of its bicycle operators to wear, and each such bicycle operator shall wear, a retro-reflective jacket, vest, or other wearing apparel on the upper part of such operator's body as the outermost garment while making deliveries or otherwise operating a bicycle on behalf of such business, the back of which shall indicate such business's name and such bicycle operator's individual identification number as assigned pursuant to subdivision c of this section in lettering and numerals not less than one inch in height so as to be plainly readable at a distance of not less than ten feet.
j. The provisions of this section shall be enforceable by an authorized employee of the police department or department of transportation or any other person authorized by law.
k. A business using a bicycle for commercial purposes shall not possess any motorized scooter and shall not permit any person to operate a motorized scooter on behalf of such business. A business using a bicycle for commercial purposes shall be liable for any violation of section 19-176.2(b) committed by any person operating a motorized scooter on behalf of such business. For purposes of this section, "motorized scooter" shall be as defined in section 19-176.2.
l. A business using a bicycle for commercial purposes shall provide to its bicycle operators the materials identified by the department of consumer and worker protection pursuant to subdivision a of section 20-1525. Unless such business has already provided such materials pursuant to subdivision b of section 20-1525, such business shall provide such materials to its bicycle operators no later than sixty days after such department publishes such materials pursuant to subdivision a of section 20-1525. Such materials shall be provided in English, the designated citywide languages as defined in section 23-1101, and any additional languages in which such materials have been published by the department of consumer and worker protection.
(Am. L.L. 2017/091, 5/30/2017, eff. 9/27/2017; Am. L.L. 2023/041, 3/20/2023, eff. 9/16/2023; Am. L.L. 2023/151, 11/17/2023, eff. 11/17/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/076 and L.L. 2007/009.