New Laws for Businesses that use a Bicycle for Commercial Purposes

Last Updated on October 31, 2017 by Lawrence Berezin

A series of new laws went into effect today to combat bad business bicycle behavior

Wow! How happy are you that your local Chinese restaurant delivers take-out food to your door? You call in your order, and it’s only a matter of 30-45 minutes before your dinner arrives. What you don’t pay attention to is that the food delivery bicycle person entrusted with your dinner will most likely pedal his way to your front door like a maniac, endangering the lives and limbs of the NYC driving and pedestrian public.

Well, maniac delivery bicyclists and their bosses are on notice today that there will be a heap of pain inflicted upon bike operators and business owners for disobeying the new business biking rules of the road.

Some elements of the new business biking laws

In trying to cure some of this bad biking behavior, the NYC council enacted a series of new laws on October 25, 2012, to take effect on Tuesday, April 23, 2012. Some of the new restrictions include:

• Bicycle operators must ride in the direction of traffic and yield to pedestrians.
• Bicycle operators must stay off the sidewalk.
• Bicycle operators must stop at all red lights and stop signs.
• Bicycle operators must wear a retro-reflective jacket, vest, or other apparel on the upper part of such operator’s body as the outermost garment while making deliveries.
• Business’ name and such bicycle operator’s individual identification number must be displayed.
• Each bicycle operator shall be required to complete a bicycle safety course provided by the Dept. of Transportation.

[Via Fox 5 NYC].

One of the punitive elements of the new laws is that business owners will now be held accountable for the bad biking behavior of their delivery people. Anthony Manatakis of Uncle Nick’s said he and other owners should not be punished because many of them are teaching delivery workers to obey the laws: Some have even posted signs to let the public know solutions are being rolled out — before more people get rolled over.

“We don’t need any more enforcement. We need education,” Manatakis said.”

The new laws

The commercial bicycle laws live in the NYC Administrative Code Sections 10-157 and 157.1. Here is an example of one of the important amendments to the law:

g.  Any business using a bicycle for commercial purposes shall be responsible for the compliance with the provisions of this section of any employees it shall retain.  [Except as otherwise provided in subdivision h of this section, the violation]Violation of any of the provisions of this section by any such business, 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.  In addition, any business using a bicycle for commercial purposes that violates any of the provisions of this section or any of the rules promulgated pursuant hereto shall be subject to a civil penalty of one hundred dollars.  Any such business that violates a provision of this section or rule promulgated pursuant hereto more than thirty days after such business has already violated the same provision or rule shall be subject to an additional civil penalty of two hundred fifty dollars.  Such civil penalties may be in addition to any criminal penalty imposed, and shall be recoverable against such business in an action or proceeding in any court or tribunal of competent jurisdiction or the environmental control board.  

[Larry’s note: The underlinings signify amendments to the old law. Please ignore the yellow highlighting].

Here’s a valuable link to the NYC Department of Transportation webpage about commercial bicycling.

Mr. Manatakis got his wish about the need for education. One of the new laws require commercial bicyclists to complete a bicycle safety course…

AAmended and Coupled on GOProviding reflective equipment to operators of bicycles used for commercial purposes.IntroductionA Local Law to amend the administrative code of the city of New York, in relation to the apparel used by operators of bicycles used for commercial purposes.
AAmended and Coupled on GORequiring commercial bicyclists to complete a bicycle safety course.IntroductionA Local Law to amend the administrative code of the city of New York, in relation to requiring commercial bicyclists to complete a bicycle safety course.
AAmended and Coupled on GOThe enforcement of commercial bicycle provisions.IntroductionA Local Law to amend the administrative code of the city of New York, in relation to the enforcement of commercial bicycle provisions.l
AAmended and Coupled on GOUse of bicycles for commercial purposes.IntroductionA Local Law to amend the administrative code of the city of New York, in relation to the use of bicycles for commercial purposes.

Commentary

I am for anything that makes life safer for all. Here’s an example of art imitating life…

What do you think? Is business biking behavior a problem that needs a solution? Or, too much regulation? Or sufficient regulations that just need to be enforced? Please comment. Your opinion matters to all of us.