§ 20-259 Restrictions on the operation of pedicabs.
AC § 20-259
a. A pedicab driver shall be subject to all provisions of state and local law governing the operation of a bicycle, which include, but are not limited to, provisions of the vehicle and traffic law, the New York city administrative code, and rules of the city of New York promulgated by the department of transportation and the department of parks and recreation. b. A pedicab driver shall not: 1. operate a pedicab to transport more than three passengers.
2.operate a pedicab in motion while a passenger is standing in such pedicab.
3.operate a pedicab on any bridge or in any tunnel or in any bicycle lane, or within any pedestrian plaza. For purposes of this section "pedestrian plaza" shall mean an area designated by the New York city department of transportation for use by pedestrians located fully within the bed of a roadway, which may vary in size and shape; may abut a sidewalk; may be at the same level as the roadway or raised above the level of the roadway; may be physically separated from the roadway by curbing, bollards, or other barrier; may be treated with special markings and materials; and may contain benches, tables or other facilities for pedestrian use.
4.permit a pedicab to be operated simultaneously by anyone in addition to him or herself.
5.operate a pedicab that is designed or constructed to permit propulsion by more than one individual at any one time.
6.operate a pedicab while such pedicab driver's ability to operate such pedicab is impaired by the consumption of alcohol, the use of any drug or by any other means or while such pedicab driver is in an intoxicated condition. A pedicab driver operating a pedicab which has been involved in an accident or has been operated in violation of subdivision a of this section shall be deemed to have given consent to a breath test and shall, at the request of a police officer, submit to a breath test to be administered by the police officer. Failure to submit to such breath test shall serve as the basis for an immediate suspension of the pedicab driver's license, subject to a prompt post-suspension hearing.
7.operate a pedicab without a currently valid motor vehicle driver's license or while such pedicab driver's New York State motor vehicle driver's license is suspended or revoked. c. Pedicabs can be operated within any public park or any property under the charge or control of the department of parks and recreation pursuant to the rules of the department of parks and recreation and in accordance with the rules of the department of transportation. d. A pedicab business shall submit to the department, upon such form prescribed by the commissioner, a written report of every accident relating to a pedicab by such pedicab business within twenty-four hours after the occurrence of such accident. Such form shall be signed by a principal or officer of such pedicab business as well as by the pedicab driver involved in such accident with an affirmation of the truth of the contents of the form. e. If there are exigent circumstances and a police officer or other authorized officer or employee of any city agency directs a pedicab driver to move his or her pedicab from any street, avenue or other location, such pedicab driver shall not operate his or her pedicab at such street, avenue or location for the duration of such exigent circumstances.
1.For the purposes of this subdivision, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian or vehicular traffic, existence of any obstructions in the public space, an accident, fire or other emergency, a parade, demonstration or other such event at or near such location. f. If there are exceptional circumstances, the police commissioner, in consultation with the commissioners of the departments of consumer and worker protection and transportation, shall be authorized, upon notice, to restrict or prohibit any pedicab driver from operating his or her pedicab on any street, avenue or other location for a specified period of time. Such specified period of time shall not exceed fourteen days except, during the period that commences November 12 and concludes January 7 of the following year, in and around the area of Manhattan bound on the north by Fifty-ninth Street, on the south by Thirty-ninth Street, on the east by Lexington Avenue and on the west by Eighth Avenue, the fourteen day time limit shall not be in effect.
