§ 10-157 Bicycles used for commercial purposes.
AC § 10-157
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.
(1)A business using a bicycle for commercial purposes must assign to each of its bicycle operators a unique identification number. The department of transportation may promulgate rules to ensure each identification number is unique. 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.
(2)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 for a period of at least 1 year. Such roster shall include for each such bicycle operator: name; 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 department of transportation. e.
(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, adherence to traffic and commercial bicycle laws, safe and lawful operation of a powered bicycle, as defined in section 20-609, and lithium-ion battery and charging safety.
(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.
