BILL NUMBER: S4394
SPONSOR: KRUEGER
 
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-as-
sisted 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 defi-
nition of "bicycle" and "business using a bicycle for commercial
purposes," and to define "bicycle operator" for purposes of section
10157.
Several subdivisions of section 10-157 are amended to make various minor
changes.
Subdivision g creates an affirmative defense to a business using a bicy-
cle for 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 opera-
tors 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 opera-
tors 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.
 
LEGISLATIVE HISTORY:
2021-2022 S.3095 died in cities
2019-2020 S. 4243/A.7461 Epstein - died in Cities
2017-2018 S. 5021 No Same As - died in Cities
2015-2016 S. 4640/A.7021 Kavanagh - died in Cities
2013-2014 S .3461-B/A.224-B Kavanagh - died in Rules
2011-2012 S. 419-D/A.5587-B Kavanagh - notice of consideration, died in
cities
2009-2010 S. 4528/A.407-A Kavanagh - died in Cities
2007-2008 S .3342/A.8294 Kavanagh - died in Cities
2005-2006 S .2340 No Same As - died in Cities
2004 S.6385 No Same As - died in Cities
 
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.

Statutes affected:
S4394: 10-157 administrative code of the city of New York as amended by local law