N.Y. ADC. LAW § 10-157 : NY Code - Section 10-157: Bicycles used for commercial purposes

Search N.Y. ADC. LAW § 10-157 : NY Code - Section 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.  (1)  The  owner  of any business engaged in providing a service as
  authorized in this section shall provide, at its own expense, protective
  headgear suitable for each bicycle operator. Such headgear shall:
    (i)  meet  the  standards  set  forth  by  the consumer product safety
  commission in title 16, part 1203 of the code of federal regulations;
    (ii) be readily available at each employment  site  for  use  by  each
  bicycle operator; and
    (iii)  be  replaced  if  such headgear is no longer in good condition.
  Headgear is no longer in good condition if it  is  missing  any  of  its
  component   parts   or   is  otherwise  damaged  so  as  to  impair  its
  functionality.
    (2) Each bicycle operator shall wear protective  headgear  that  meets
  the  requirements  of  paragraph  1  of  this  subdivision  while making
  deliveries or otherwise operating a bicycle on behalf of such  business.
  The  term  "wear  such  protective  headgear"  means having the headgear
  fastened securely upon the head with the headgear straps.
    f. The owner of  any  business  engaged  in  providing  a  service  as
  authorized  in  this  section,  notwithstanding  that  a  bicycle may be
  provided by an employee thereof, shall provide at its  own  expense  and
  ensure that each bicycle is equipped with a lamp; a bell or other device
  capable  of  giving  an  audible  signal;  brakes;  reflective tires or,
  alternately, a reflex reflector mounted on the spokes of each wheel;  as
  well as other reflective devices or material, in accordance with section
  1236 of the vehicle and traffic law.
    g.  Except as otherwise provided in subdivision h 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.
    h. 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, or who fails
  to  wear  protective headgear required by subdivision e of this section,
  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. It shall be an affirmative defense to such traffic
  infraction that the business did not  provide  the  protective  headgear
  required  by  subdivision e of this section. Such traffic infraction may
  be adjudicated by such an administrative tribunal as is authorized under
  article two-A of the vehicle and traffic law.