Section 10-157. Bicycles used for commercial purposes  


Latest version.
  • a. Every person, firm,
      partnership,  joint venture, association or corporation which engages in
      the course of its business, either on behalf of  itself  or  others,  in
      delivering  packages, parcels, papers or articles of any type by bicycle
      shall provide identification of the business by requiring every  bicycle
      or bicycle operator to be identified by:
        (1)  affixing  to the rear of each bicycle, bicycle seat or both sides
      of the delivery basket, a metal plastic or other sign of a type approved
      by the police commissioner, with the name of the business  and  a  three
      digit  identification  number  which  identifies the bicycle operator in
      lettering and numerals so as to be plainly readable at a distance of not
      less than ten feet and maintaining same in good condition thereon; and
        (2) by requiring each bicycle operator to  wear  a  jacket,  vest,  or
      other  wearing  apparel  on  the  upper part of the cyclist's body while
      making deliveries, or otherwise  riding  a  bicycle  on  behalf  of  the
      business,  the  back  of  which shall indicate the business name and the
      bicycle operator's individual identification  number  in  lettering  and
      numerals so as to be plainly readable at a distance of not less than ten
      feet.
        b.  Every  person,  firm,  partnership,  joint venture, association or
      corporation engaged in providing a service  as  authorized  herein  must
      issue  to  every  bicycle  operator a numbered identification card which
      contains the name, residence address and photo of the  bicycle  operator
      and  the  name, address and telephone number of the company for whom the
      bicycle operator is employed. Such identification card must  be  carried
      by  the  bicycle  operator  while  the  cyclist is making deliveries, or
      otherwise riding a bicycle on  behalf  of  the  business,  and  must  be
      produced  upon  the  demand  of  a  police  officer  or  any  other  law
      enforcement officer.
        c. Every person, firm,  partnership,  joint  venture,  association  or
      corporation  engaged  in  providing a service as authorized herein shall
      maintain in a log book to be kept for such purpose, the name  and  place
      of  residence address of every employee operating a bicycle, the date of
      employment and discharge of each  person  in  said  service,  and  every
      messenger  or  delivery person's identification number. The owner of any
      business engaged in providing a service as authorized  in  this  section
      shall be responsible for maintaining in the log book a daily trip record
      in  which  all entries shall be made legibly in ink and each entry shall
      be dated and include the bicycle identification number,  the  operator's
      name  and the name and place of origin and destination for each trip. No
      entry shall be rewritten either in whole  or  in  part  except  in  such
      manner  as  may  be provided by regulation of the commissioner; any such
      unauthorized rewriting shall give rise to a rebuttable presumption of an
      act of fraud, deceit or misrepresentation. Such log book shall  be  made
      available  for  inspection  during regular and usual business hours upon
      request of an agent of the police commissioner or any police officer  or
      any other person authorized by law.
        d.  The  owner  of  any  business  engaged  in  providing a service as
      authorized in this section shall file an annual report in such  form  as
      shall  be  designated by the police commissioner by rule or regulations.
      Said report shall include, inter alia, the number of  bicycles  it  owns
      and the number and identity of any employees it may retain. Any business
      engaged  in  providing  a service as authorized in this section shall be
      responsible for the compliance with the provisions of  this  section  of
      any  employees  it shall retain. Nothing contained in this section shall
      be construed as applying to persons under the age of sixteen who  use  a
      bicycle to deliver daily newspapers or circulars.
    
        e.  (1)  The  owner  of any business engaged in providing a service as
      authorized in this section shall provide, at its own expense, protective
      headgear suitable for each bicycle operator. 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;
        (ii) be readily available at each employment  site  for  use  by  each
      bicycle operator; and
        (iii)  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 such  business.
      The  term  "wear  such  protective  headgear"  means having the headgear
      fastened securely upon the head with the headgear straps.
        f. The owner of  any  business  engaged  in  providing  a  service  as
      authorized  in  this  section,  notwithstanding  that  a  bicycle may be
      provided by an employee thereof, shall provide at its  own  expense  and
      ensure that each bicycle is equipped with a lamp; a bell or other device
      capable  of  giving  an  audible  signal;  brakes;  reflective tires or,
      alternately, a reflex reflector mounted on the spokes of each wheel;  as
      well as other reflective devices or material, in accordance with section
      1236 of the vehicle and traffic law.
        g.  Except as otherwise provided in subdivision h of this section, the
      violation of any of the provisions of this section, 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  one  hundred  dollars  nor  more  than two hundred and fifty
      dollars or imprisonment for not more than fifteen days or both such fine
      and imprisonment.
        h. Any person who makes deliveries or otherwise operates a bicycle  on
      behalf  of  a  business  without carrying the identification required by
      subdivision  b  of  this  section  or  who   fails   to   produce   such
      identification upon demand as required by such subdivision, or who fails
      to  wear  protective headgear required by subdivision e of this section,
      shall be guilty of a traffic  infraction  and  upon  conviction  thereof
      shall be liable for a fine of not less than twenty-five dollars nor more
      than  fifty  dollars. It shall be an affirmative defense to such traffic
      infraction that the business did not  provide  the  protective  headgear
      required  by  subdivision e of this section. Such traffic infraction may
      be adjudicated by such an administrative tribunal as is authorized under
      article two-A of the vehicle and traffic law.