New York Bicycles Used For Commercial Purposes.
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§ 10-157 Bicycles used for commercial purposes. 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. Except as otherwise provided in subdivision f 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.
f. 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, 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. Such traffic infraction may be adjudicated by such an
administrative tribunal as is authorized under article two-A of the
vehicle and traffic law.