BILL NUMBER: S139A
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the insurance law, in relation to bicycle delivery work-
er insurance personal injury liability insurance
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1, part a of the bill requires creates definitions of a bicycle
delivery contractor, digital network, third party courier service, SEA
delivery worker, BEA delivery recipient, trip.
Section 1, part b of the bill mandates that all bicycle delivery
contractors provide personal injury liability insurance to persons
injured by a BEA delivery worker while undergoing a trip.
Section 1, part c of the bill requires that bicycle delivery contractors
provide notice to BEA delivery workers that insurance is provided.
Section 1, part d of the bill authorizes the superintend of financial
services to promulgate rules and regulations to implement this bill,
including in the scenario where a BEA delivery worker uses multiple
digital networks simultaneously.
Section 5 sets the effective date
 
JUSTIFICATION:
Electric bikes and scooters have made life easier and greener for count-
less New Yorkers, but they still pose a significant safety risk to
riders and pedestrians when operated recklessly. Legal electric scooters
can weigh up to 100 pounds and travel up to 20 miles per hour, generat-
ing more than enough force to seriously injure or even kill pedestrians.
While cars and trucks remain the greatest threat to pedestrians in New
York, the rapid proliferation of electric bikes and scooters have caused
a significant amount of fear among pedestrians for their safety.
The rise in reckless e-bike and scooter use has been aided by third-par-
ty delivery apps, which incentivize their delivery people to make as
many deliveries as possible as fast as possible. The services engage
delivery people as independent contractors, meaning they are not subject
to many of the workplace protections as regular employees and they are
not subject to liability for their delivery people's tortious conduct.
When a pedestrian or other road user is struck by a delivery person,
they often have no legal recourse or compensation for their injuries and
medical care. The injuries from these collisions can be life-altering.
This bill will ensure that third-party delivery services are directly
invested in the safe conduct of their delivery people and that, in the
unfortunate case of a collision, the victim has an adequate source of
compensation for their medical care, pain and suffering by requiring
insurance coverage for delivery persons while engaged with a third-party
delivery service. The insurance requirements of this bill are similar to
those required by state law for for-hire vehicle drivers working for
transportation network companies.
 
LEGISLATIVE HISTORY:
S.6760 of 2023-2024 (Hoylman-Sigal): Died in Consumer Protection
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect one hundred eighty days after it becomes law.

Statutes affected:
S139: 391-v general business law, 3455 insurance law