Bill Text: NY A04971 | 2025-2026 | General Assembly | Introduced

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Bill Title: Establishes safety requirements for operators who use bicycles with electric assist for commercial purposes and the businesses that employ such operators.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2025-02-10 - referred to transportation [A04971 Detail]

Download: New_York-2025-A04971-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4971

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2025
                                       ___________

        Introduced  by M. of A. ZINERMAN, HYNDMAN, GLICK, CUNNINGHAM, BRAUNSTEIN
          -- read once and referred to the Committee on Transportation

        AN ACT to amend the vehicle and traffic law, in relation to establishing
          safety requirements for commercial bicycle operators and businesses

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 1244 to read as follows:
     3    § 1244. Bicycles with electric assist used for commercial purposes. 1.
     4  For purposes of this section, the following terms shall have the follow-
     5  ing meanings:
     6    (a) "commercial bicycle operator" shall mean an individual who is paid
     7  to operate a bicycle with electric assist on behalf a business; and
     8    (b) "business" shall mean a person, firm, partnership, joint  venture,
     9  association,  corporation,  or  other  entity  that employs a commercial
    10  bicycle operator.
    11    2. A commercial bicycle operator shall:
    12    (a) comply with  all  provisions  of  law  pursuant  to  this  article
    13  pertaining  to the operation of a bicycle including a bicycle with elec-
    14  tric assist;
    15    (b) use a white headlight and red taillight at night;
    16    (c) wear retroreflective upper body apparel with the  business's  name
    17  and such commercial bicycle operator's three-digit identification number
    18  on the back in lettering at least one inch high;
    19    (d) wear suitable headgear; and
    20    (e)  carry  a business identification card at all times when riding on
    21  behalf of the business, which includes the following information:
    22    (i) the business's name, address and phone number; and
    23    (ii) the commercial bicycle operator's  name,  photo  and  three-digit
    24  identification number.
    25    3. Any business that employs a commercial bicycle operator shall:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00710-01-5
        A. 4971                             2

     1    (a)  assign  to each of its commercial bicycle operators a three-digit
     2  identification number and issue to each of its commercial bicycle opera-
     3  tors an identification  card  that  contains  the  name,  identification
     4  number  and  photo  of  the  commercial  bicycle  operator and the name,
     5  address and telephone number of such business;
     6    (b)  provide  each commercial bicycle operator with suitable headgear.
     7  Such headgear must meet the standards set forth by the consumer  product
     8  safety  commission  in  part  one  thousand  two  hundred three of title
     9  sixteen of the code of federal regulations and must be replaced  at  the
    10  expense of the business if such headgear is missing any of its component
    11  parts or is otherwise damaged so as to impair its functionality;
    12    (c)  maintain  a  roster  of  commercial  bicycle  operators  that are
    13  employed by such business which includes the following information:
    14    (i) the name, residence address, date of employment and, where  appli-
    15  cable,  the date of discharge from employment of each commercial bicycle
    16  operator;
    17    (ii) each commercial bicycle operator's unique three-digit identifica-
    18  tion number;
    19    (d) equip each commercial bicycle with electric assist with:
    20    (i) a bell or other audible device;
    21    (ii) a white headlight and a red taillight;
    22    (iii) reflex reflectors;
    23    (iv) brakes; and
    24    (v) a metal or plastic sign in good condition at least three inches by
    25  five inches with the business's name and a unique bicycle identification
    26  number for each bicycle in lettering at least one inch  high.  The  sign
    27  must be affixed to the rear or both sides of the bicycle; and
    28    (e)  provide safety training. Such business shall provide a commercial
    29  bicycle operator with a certificate of completion upon the completion of
    30  such training. The curriculum of such training shall include, but not be
    31  limited to:
    32    (i) the laws governing the operation of bicycles;
    33    (ii) appropriate traffic behavior and the laws governing such  traffic
    34  behavior;
    35    (iii) identification and avoidance of hazards;
    36    (iv) pedestrian and motor vehicle safety;
    37    (v) bicycle safety inspection and maintenance; and
    38    (vi) injury prevention.
    39    4.  A  commercial  bicycle operator who violates any provision of this
    40  section shall be issued a notice of violation. The business that employs
    41  such operator shall receive a fine of two hundred fifty dollars for  the
    42  first  offense. For each subsequent offense such fine shall be increased
    43  by fifty dollars.   After the third offense, such  fine  shall  be  five
    44  hundred dollars for each subsequent offense.
    45    §  2.  This  act shall take effect on the ninetieth day after it shall
    46  have become a law. Effective immediately, the addition, amendment and/or
    47  repeal of any rule or regulation necessary  for  the  implementation  of
    48  this  act  on its effective date are authorized to be made and completed
    49  on or before such effective date.