Talking Point Toward Responsible Cycling

By Jack Brown
Cycling in New York City is no longer regarded as something exclusively good and “green.” Many people are “mad as hell and not willing to take it anymore.” This refers, on the one hand, to the scofflaw riding and attitude on the part of rogue working, commuting and recreational cyclists. On the other hand, there is the hubris and fabrication of those who function like lobbyists and exert influence on the implementation of bicycle amenities. This is allegedly being done for our own good whether we like it or not. There is, we are informed, a morally and pragmatically superior approach at work here.
People are taking to the streets — not simply to ride for the sake of health and the environment, but to protest. At the First Annual Downtown Upright Bike Ride two weeks ago, The HUB’s proprietor, the pedicab visionary George Bliss, and actor Matthew Modine led the “upright” faction, which advocates a responsible, sensible, kinder, gentler approach to cycling. This group also hopes to ward off what it views as draconian measures resulting from a possibly anti-biking backlash.
Leslie Sicklick is organizing a demonstration on Fri., Oct. 15, at the corner of 14th St. and First Ave. The event’s purpose is to express dissatisfaction with a raft of bike culture phenomena, including rogue riding, bike lanes and reduced motor vehicle lanes.
On Sun., Sept. 19, The New York Times “Spokes” column, written by David Goodman, presented the point of view of those who advocate a more balanced approach to a responsible bike culture. This was a first. The New York Post — with a number of angry and bike-injured staffers — has produced a steady drumbeat of articles critical of the current style of management.
CBS News’s Tony Aiello produced a five-part series called “Bike Bedlam.” Aiello’s reporting presented a graphic picture of the often-anarchic practices of cyclists and the problems related to the bike lanes. Bedlam culminated with an acknowledgement by Department of Transportation spokesman Seth Solomonow that statistics ballyhooed in a “landmark” study of pedestrian safety in mid-August were inaccurate or fabricated. D.O.T. also apologized to reporter Aiello for accusing him of “inaccurate and irresponsible reporting.”
Clearly, there is turmoil in the streets and on the sidewalks. What then can be done to provide a balm in Gotham? What can be done to make the ride toward a responsible bike culture more reasonable and genuinely noble?
It is clear that this problem has been around for decades. It is also clear that it has been allowed to fester until it has become a public-safety crisis.
In 2003 the Rudin Center for Transportation at New York University’s Wagner School of Public Service conducted a study, “Pedestrian and Bicycle Standards and Innovation in Central Cities.” This was done in conjunction with NACTO (National Association of City Transportation Officials). The study was inconclusive save one point: It concluded that a successful resolution to the problem would require a cooperative approach.
This concept can be translated into a task force. It would, at the core, bring together the Police Department, D.O.T., legislators, educators and possibly representatives of advocacy groups.
This group would meet to devise a strategy to achieve a responsible bike culture and meet as needed to see it through. It would be useful to have a respected transportation professional head the task force. Perhaps a George Mitchell type with negotiator skills.
It will take time to devise the necessary, balanced and comprehensive legislation and time to pass it in Albany and the City Council. Effective enforcement is the bottom line. There are some aggressive riders that will not otherwise comply with common sense and common decency. When the rules of the road fail, responsible enforcement promotes responsible cycling.
A more reliable method of gathering statistics on bike/pedestrian accidents needs to be devised. A functional 311 system could provide part of this. The use of aided reports by the Police Department would complement this. Hunter College is partnering with The Gruskin Family Foundation to gather hospital emergency room reports. This would add a third leg.
This writer recommends a shakeup in the Department of Transportation. Two deputy mayors have been assigned to supervise the wayward agency. D.O.T. both ignores hard data, such as Hunter College’s “Biking Behavior in Midtown,” and fabricates statistics to suit its own agenda. Replacing D.O.T. Commissioner Sadik-Khan with a seasoned transportation professional who is willing to listen to and take into consideration the expertise of other city departments and the needs of various communities would work to restore a sense of optimism and enthusiasm for a responsible bike culture.
The model cities for what is being done here now — Copenhagen, Amsterdam and Berlin — are less dense and often have wider streets. It takes time, cooperation and consistency to establish a responsible bike culture. If Brooklyn Borough President Marty Markowitz can be paraphrased, New York City has been subjected to an exercise in zealotry. It’s time to slow down, calm down and use cooperation to work toward the public safety of pedestrians, cyclists and motorists alike.
Brown is the former owner of the Hi Ho Cyclery store, 165 Avenue A, and spokesperson, Coalition Against Rogue Riding

City must end this 'cycle' of violence

By ANDREA PEYSER

Last Updated: 7:35 AM, August 19, 2010

Posted: 3:35 AM, August 19, 2010

It's hell on wheels out there. Police say they're cracking down on demon bicyclists, papering lawless delivery men and two-wheeled street hogs with tickets like expensive confetti. But just 48 hours after the city announced it was handing hundreds of $50 summonses to assassin wannabes who ignore stop signs and dart giddily on sidewalks, terrorizing senior citizens and small animals, it was business as usual.

As you can see at right, it isn't safe on two feet.

"There's a certain green superiority complex," said Village resident Margarita, 36, the victim of a near-miss. "They're obnoxious."

And lethal.

A visit to a new bicycle lane in the East Village yesterday, the brainchild of a mayor who can't stand cars except his own, revealed Dodge City. Bicycles zoomed the wrong way on a one-way path, ignoring traffic lights, helmet laws and decency.

Taking my life into my hands, I stopped deliveryman Ivan Zamora, 25, as he ignored signs and rode in the opposite direction of arrows painted on First Avenue. He removed his noise-blocking headphones.

"I think it's OK" to ride the wrong way, said Zamora. "The cops no give me a ticket."

Just then, I saw a policeman roaming the bike lane, and asked if he planned to write summonses for lawbreaking riders. The cop said no, explaining that he specialized in ticketing cars, not bikes.

From out of the blue, a bicycle sped around the corner, ignoring a red light, an intersection filled with pedestrians, the cop. And me.

It's official.

You see them coming from the corner of your eye, if you're lucky. Fearless bike riders, whom Mayor Bloomberg and his minions see as the green glory of New York, have morphed into what a police spokesman said was the Upper East Side's No. 1 quality-of-life menace. It goes further. You hear it in the close-call stories shared by every pedestrian ever to tread the sidewalks. You see it in the crutches borne by a colleague who survived a hit.

"It feels like civil war," declared Nancy Gruskin of New Jersey.

She should know.

Last year, Nancy's husband of 16 years, Stuart, an athletic 50, was run down in Midtown by a bike deliveryman riding the wrong way on a one-way street. Three days later, Stuart died of head injuries, leaving behind 12-year-old twins. The deliveryman faced no criminal charges.

Nancy has dedicated her life to making streets safer. It doesn't help that the government is in deep denial, plunking down some 200 bike lanes since Stuart was killed, and failing to enforce the law.

But while Nancy's research -- and reams of anecdotal evidence -- indicates things are increasingly desperate, the city says there's no problem. The Department of Transportation reports that last year, 49 pedestrians survived bike hits. The official number has decreased from 2001, when 130 bike-walker accidents were recorded.

The numbers belie a recent Hunter College study that found, among other outrages, that a whopping 37 percent of bike riders routinely blow through stop lights. More than 10 percent ride the wrong way. And helmets? A joke to two-thirds of cyclists.

But a spokesman for the bike group Transportation Alternatives, which bike-safety activists contend has achieved outsize influence over this administration, insists that cars are the real culprits.

"Bicyclists and pedestrians are fighting over the scraps given over to cars," said deputy director Noah Budnick.

Still, Nancy isn't the only one suspicious of the city's rosy bike picture.

Jack Brown once ran the Hi-Ho Cyclery bike shop. Now, he runs the Coalition Against Rogue Riding, an organization he founded after a 2005 epiphany. Walking four blocks in the rain through the East Village, "I nearly got clipped five times" by bikes, he said.

"It felt like I was in a bar fight -- you never know where it's going to come from next. I was shaking. I was in shock."

Bicycle riders who run roughshod over the city should face the law. If not, bike lanes must be painted over, criminals stopped.

Give us back our streets.

'Biker' brawl
Commish vs. Mike deputy
Last Updated: 6:28 AM, September 19, 2010

Posted: 2:14 AM, September 19, 2010


David Seifman

Transportation Commissioner Jan ette Sadik-Khan may finally have met her match when it comes to pushing for more bicycle lanes throughout the city.

His name is Deputy Mayor Stephen Goldsmith, her boss.

Sadik-Khan is an avid bicyclist and cycling advocate and has installed more bike lanes throughout the boroughs than any of her predecessors, sometimes over the objections of local residents.

Brooklyn Borough President Marty Markowitz went so far as to brand her a "zealot," after Sadik-Khan unveiled plans to set aside space for bikers on Prospect Park West.

Enter Goldsmith, the ex-Indianapolis mayor, who came on board in June and clearly isn't as imbued with bicycling fever as Sadik-Khan.

Two sources said the deputy mayor and the commissioner had some heated words recently, which Sadik-Khan's camp denies.

"The commissioner has not argued with the deputy mayor on any issue," declared a Transportation spokesman.

Goldsmith refuses to discuss the matter.

When asked about his views on bike lanes, he referred a reporter to an interview aired last month on National Public Radio, where he emphasized the need to "balance" the needs of bicyclists and motorists.

"Policies can literally and figuratively collide with automobiles and transportation policy," Goldsmith said on NPR."

Through spokesmen, Sadik-Khan and Goldsmith insisted they're both pedaling in the same direction.

But she no longer reports just to him.

In a move officials say was planned long before Goldsmith got here, oversight of the Transportation Department is being split between Goldsmith and Deputy Mayor Robert Steel, who's in charge of economic development.

david.seifman@nypost.com

Toward A Responsible Bike Culture in NYC (prepared for Board of Brooklyn BP)

Submitted by Jack Brown & Ralph Perfetto

The Board of the Brooklyn Borough President supports the effort to establish a responsible bike culture in the City of New York.We acknowledge the value of cycling as a mode of transportation that can promote health and be environmentally friendly. However, as it is currently practiced, the state of cycling requires a balance of responsible enforcement so as to address an atmosphere of ongoing jeopardy that raises the level of stress in an already stressful city. Professor Peter Tuckel (Dept of Sociology Hunter College) and colleagues issued a study “Biking Behavior in Midtown” in May of 2009 that details an alarming amount of scofflaw cycling by working, commuter and recreational cyclists alike.

To address this quality of life and death issue and promote more effective enforcement we support balanced and comprehensive legislation that places the onus for rogue delivery cycling on the owner of the business entity for which the bike rider is working.

This is known as vicarious liability. In conjunction with this attention needs to be directed to battery powered bikes which are increasingly used by working cyclists. In Albany a bill is being co-written by the offices of Sen.Liz Krueger and Assemblyman Brian Kavanagh. A similar bill is being sponsored by Councilmember Jessica Lappin in the City Council.

The family of Mr.Stuart Gruskin who succumbed to head trauma May 1, 2009 after being struck by a rogue delivery cyclist on West 43^rd St is establishing a foundation to address this issue. It focuses on gathering statistics on bicycle/pedestrian accidents and injuries and education of the public. This might include cycling education in the schools.

A more organized approach should bring a greater awareness and hard data to the ongoing state of jeopardy in which the New York public exists. With MTA fares slated to increase and more bicycle amenities such as bike lanes and parking available it is clear that a more effective job of enforcement is required to promote responsible cycling.

The Brooklyn Borough Board hereby endorses the efforts of the coalition established by Sen.Liz Krueger,Assemblyman Kavanagh and Councilmember Lappin to work towards a responsible bike culture in New York City.

Toward A Responsible Bike Culture in NYC (prepared for Board of Brooklyn BP)

Submitted by Jack Brown & Ralph Perfetto

Coalition Against Rogue Riding

The Board of the Brooklyn Borough President supports the effort to establish a responsible bike culture in the City of New York.We acknowledge the value of cycling as a mode of transportation that can promote health and be environmentally friendly. However, as it is currently practiced, the state of cycling requires a balance of responsible enforcement so as to address an atmosphere of ongoing jeopardy that raises the level of stress in an already stressful city. Professor Peter Tuckel (Dept of Sociology Hunter College) and colleagues issued a study “Biking Behavior in Midtown” in May of 2009 that details an alarming amount of scofflaw cycling by working, commuter and recreational cyclists alike.

To address this quality of life and death issue and promote more effective enforcement we support balanced and comprehensive legislation that places the onus for rogue delivery cycling on the owner of the business entity for which the bike rider is working.

This is known as vicarious liability. In conjunction with this attention needs to be directed to battery powered bikes which are increasingly used by working cyclists. In Albany a bill is being co-written by the offices of Sen.Liz Krueger and Assemblyman Brian Kavanagh. A similar bill is being sponsored by Councilmember Jessica Lappin in the City Council.

The family of Mr.Stuart Gruskin who succumbed to head trauma May 1, 2009 after being struck by a rogue delivery cyclist on West 43^rd St is establishing a foundation to address this issue. It focuses on gathering statistics on bicycle/pedestrian accidents and injuries and education of the public. This might include cycling education in the schools.

A more organized approach should bring a greater awareness and hard data to the ongoing state of jeopardy in which the New York public exists. With MTA fares slated to increase and more bicycle amenities such as bike lanes and parking available it is clear that a more effective job of enforcement is required to promote responsible cycling.

The Brooklyn Borough Board hereby endorses the efforts of the coalition established by Sen.Liz Krueger,Assemblyman Kavanagh and Councilmember Lappin to work towards a responsible bike culture in New York City.

S4528A Vicarious Liability Bill Sen.Krueger

S4528A: Provides that bicycle operators and the businesses affiliated with such operators shall be liable for such operator's violation of the law regarding use of a bicycle

Same as: A407A Versions: S4528, S4528A

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Sponsor: KRUEGER
Committee: RULES
Law Section: New York City Administrative Code

S4528A Summary

Provides that bicycle operators and the businesses affiliated with such operators shall be liable for such operator's failure to carry an identification card or certain other violations regarding the use of a bicycle for commercial purposes; changes violations for the failure to carry an identification card or certain other violation procedures and fines by a commercial bicycle operator; directs that certain violations relating to bicycles used for commercial purposes shall be tried before the environmental control board of the city of New York.

S4528A Actions

S4528A - COMMITTEE DISCHARGED AND COMMITTED TO RULES - Jun 30, 2010
S4528A - AMEND AND RECOMMIT TO CITIES - May 13, 2010
S4528A - PRINT NUMBER 4528A - May 13, 2010
S4528 - REFERRED TO CITIES - Jan 6, 2010
S4528 - REFERRED TO CITIES - Apr 24, 2009

S4528A Committee Meetings

Rules: Jun 30, 2010: Chair: Malcolm Smith / Location: Off the Floor

S4528A Calendars

Jun 30, 2010: FLOOR - BILLS ON THIRD READING

S4528A Votes

Vote: Floor - Jun 30, 2010

Ayes (57): ADAMS, ADDABBO, ALESI, AUBERTINE, BONACIC, BRESLIN, DEFRANCISCO, DIAZ, DILAN, DUANE, ESPADA, FARLEY, FLANAGAN, FOLEY, FUSCHILLO, GOLDEN,GRIFFO, HANNON, HASSELL-THOMPSON, HUNTLEY, JOHNSON C, JOHNSON O, KLEIN, KRUEGER, KRUGER, LANZA, LARKIN, LAVALLE, LEIBELL, LIBOUS, LITTLE, MARCELLINO,MAZIARZ, MCDONALD, MONTGOMERY, ONORATO, OPPENHEIMER, PADAVAN, PARKER, Peralta, PERKINS, ROBACH, SALAND, SAMPSON, SAVINO, SCHNEIDERMAN, SERRANO,SEWARD, SMITH, SQUADRON, STACHOWSKI, STAVISKY, STEWART-COUSINS, THOMPSON, VALESKY, VOLKER, WINNER
Nays (4): NOZZOLIO, RANZENHOFER, SKELOS, YOUNG
Excused (1): MORAHAN

Vote: Committee - Rules - Jun 30, 2010

Ayes (18): SMITH, ESPADA, STACHOWSKI, MONTGOMERY, DUANE, HASSELL-THOMPSON, KRUEGER, SERRANO, STEWART-COUSINS, DILAN, KLEIN, VALESKY, VOLKER,FARLEY, LAVALLE, SEWARD, HANNON, LARKIN
Ayes W/R (4): PARKER, JOHNSON O, PADAVAN, SALAND
Nays (1): SKELOS

S4528A Memo

BILL NUMBER: S4528A

TITLE OF BILL : An act to amend the administrative code of the city of New York, in relation to the use of bicycles for commercial purposes



PURPOSE : Provides that a commercial bicycle operator and the business affiliated with such operator utilizing or arranging for the delivery of their products shall be liable for such bicyclist's violation(s) of section 10-157 of the Administrative Code.

SUMMARY OF PROVISIONS : This bill amends section 10-157 of the Administrative Code to facilitate enforcement by authorities for commercial bicyclists and businesses knowingly in violation of this section.



Section 2, subdivision b is expanded to include all commercial cyclists who provide a delivery service for a business, not limiting it to those who are actually employed by the establishment, subject to the provisions of this section.

Section 2, subdivision g moves the proceedings for any violation to this section from the criminal court to the environmental control board. It also allows individuals who break the traffic code to be held liable for a civil penalty.

Section 2, subdivision f creates a rebuttable presumption that the business utilizing or arranging for the services of the commercial bicycle operator had knowledge that the bicyclist was in violation of this section by failing to provide proper identification to the commercial bicycle operator.

EXISTING LAW : The New York City Administrative Code prohibits the operation of bicycles on sidewalks due to the danger bicycles pose to pedestrians in the event of a collision.

Section 10-157 of the Administrative Code applies to bicycles used for commercial purposes. This section was created to enable the authorities to enforce the prohibition of delivery bicycles traveling recklessly on sidewalks by assigning liability to the business providing for, or arranging for delivery service. This section requires the business provide identification for the cyclist, with the use of an identification card. Additionally, an obvious visual means of identification with the name of the establishment or a registered number identified solely with a particular business address must be supplied to the commercial cyclist.

JUSTIFICATION : Sidewalks were created for use by pedestrians and not for speeding delivery bicycles attempting to shave minutes from their delivery time at a heightened risk for community residents on foot. This problem has been exacerbated by the difficulty experienced in enforcing the current statutory provisions which prohibit this activity, and assigning liability to the business utilizing or arranging for the commercial bicycle delivery operator to complete delivery.



Section 10-157 does require identification to be provided by the business utilizing the services of delivery cyclists for both the bicycle and rider, but until now has not been readily enforced. First, any violation of this section will be brought before the environmental control board for ease of prosecution as opposed to the criminal court currently the court of jurisdiction. Secondly, this proposal will create a rebuttable presumption that the business utilizing the services of the cyclist was fully aware of the lack of identification associating the cyclist with the business. This rebuttable presumption will make them subject to a fine from $100 to $250.

By making the business liable for the actions of the cyclists used for delivery of their product, it will promote an interest for the business to only associate with commercial cyclists who adhere to the requirements currently in place in the Administrative Code. By clarifying who is responsible for violations and enabling pedestrians to identify a reckless cyclist and associate the cyclist with the business that they are affiliated with, will facilitate enforcement by the authorities, thereby protecting the pedestrians. The bill also allows an additional penalty to be imposed on the rider in addition to the penalty on the business.

FISCAL IMPLICATIONS : Some increased revenue for the City through the imposition of fines to those in violation.

EFFECTIVE DATE : Shall take effect on the first of November next succeeding the date on which is shall become law.

S4528A Text

S T A T E O F N E W Y O R K
4528--A
2009-2010 Regular Sessions I N SENATE April 24, 2009
Introduced by Sens. KRUEGER, SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- recom mitted to the Committee on Cities in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the administrative code of the city of New York, in relation to the use of bicycles for commercial purposes

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:


Section 1.

Section 10-157 of the administrative code of the city of New York, subdivisions e and f as added and subdivisions g and h as amended by local law number 9 of the city of New York for the year 2007, is amended to read as follows:


S 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 busi ness, the back of which shall indicate the business name and the bicycle EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00892-03-0
S. 4528--A 2 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 OR SIMILAR ENTITY engaged in providing OR ARRANGING FOR THE PROVISION OF a service as authorized herein must issue to every bicycle operator a numbered identification card which contains the name, resi dence address and photo of the bicycle operator and the name, address and telephone number of the company for whom the bicycle operator is [employed] AFFILIATED. 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 OR SIMILAR ENTITY engaged in providing OR ARRANGING FOR THE PROVISION OF 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 OPERATOR, the date of employment OR ASSOCIATION 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 OR ARRANGING FOR THE PROVISION OF a service as authorized in this section shall file an annu al 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] BICYCLE OPERATORS EMPLOYED BY OR OTHERWISE AFFILIATED WITH SUCH BUSINESS. Any business engaged in providing OR ARRANGING 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] BICYCLE OPERATORS EMPLOYED BY OR OTHERWISE AFFILIATED WITH SUCH BUSINESS. Nothing contained in this section shall be construed as applying to persons under the age of sixteen who use a bicycle to deliv er 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 functionali ty. S. 4528--A 3 (2) Each bicycle operator shall wear protective headgear that meets the requirements of paragraph [1] ONE 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 author ized 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] ONE THOUSAND TWO HUNDRED THIRTY-SIX of the vehicle and traffic law. g. [Except as otherwise provided in subdivision h of this section, the] THE PERSON, FIRM, PARTNERSHIP, JOINT VENTURE, ASSOCIATION, CORPO RATION OR OTHER SIMILAR ENTITY ENGAGED IN PROVIDING OR ARRANGING FOR THE PROVISION OF A SERVICE AS AUTHORIZED IN THIS SECTION SHALL BE LIABLE FOR ANY violation of any of the provisions of [this section,] THIS CODE REGULATING THE OPERATION OF BICYCLES AND COMMERCIAL BICYCLES or [of] any [of the] rules or regulations that may be promulgated pursuant hereto[,]. SUCH VIOLATION shall be [a violation] triable [by a judge of the criminal court] IN A PROCEEDING BEFORE THE ENVIRONMENTAL CONTROL BOARD of the city of New York and upon conviction [thereof] OF A PERSON, FIRM PARTNERSHIP, JOINT VENTURE, ASSOCIATION, OR CORPORATION 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 TO OR AS AN ALTERNATIVE TO THE PENALTIES PROVIDED FOR A VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION, OR OF ANY OF THE RULES OR REGULATIONS PROMULGATED PURSUANT HERETO, ANY PERSON WHO SHALL VIOLATE ANY SUCH PROVISIONS SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED AND FIFTY DOLLARS FOR EACH VIOLATION. SUCH CIVIL PENALTY MAY BE RECOVERED IN AN ACTION OR PROCEED ING IN ANY COURT OF COMPETENT JURISDICTION. 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 identifica tion 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.] IN ANY PROSECUTION OF A PERSON, FIRM, PARTNERSHIP, JOINT VENTURE, ASSOCIATION OR CORPORATION FOR A VIOLATION OF THIS SECTION, THERE SHALL BE A REBUTTABLE PRESUMPTION THAT SUCH PERSON, FIRM, PARTNERSHIP, JOINT VENTURE, ASSOCIATION OR CORPORATION UTILIZING THE SERVICES OF THE BICYCLE OPERATOR HAD KNOWLEDGE THAT THE BICYCLE OPERATOR WAS IN VIOLATION OF ANY SUBDIVISION OF THIS SECTION.

S 2. This act shall take effect on the first of November next succeed ing the date on which it shall have become a law.

S4528A - NY Senate Open Legislation - Provides that bicycle operators and the businesses affiliated with such operators shall be liable for such operator's violation of the law regarding use of a bicycle - New York State Senate

News From STATE SENATOR LIZ KRUEGER

SENATOR KRUEGER AND COLLEAGUES PASS RESPONSIBLE BICYCLE LEGISLATION TO KEEP BICYCLES OFF PEDESTRIANS’ SIDEWALKS

For Immediate Release | July 2, 2010

Jennifer Krinsky | jenniferkrinsky@gmail.com | 917-838-2404

(New York, NY) Earlier this week, Senator Liz Krueger (D-Manhattan) and her Senate colleagues passed S4528-A, http://open.nysenate.gov/legislation/api/1.0/html/bill/S4528A a bill that will curtail the threat of commercial bicyclists’ reckless cycling in New York City. This legislation, sponsored by Senator Krueger in the Senate and Assembly Member Brian Kavanagh (D-Manhattan) in the Assembly, provides for liability to be shared between the operator of the bicycle and the business employing or affiliated with the cyclist. City Council Member Jessica Lappin sponsored the home rule message that helped enable the bill to be passed in the Senate.

The intent of this bill is to address the growing problem that sidewalks in New York City’s most crowded neighborhoods have been taken over by speeding delivery bicyclists. By riding on sidewalks instead of the streets, these delivery bicycles pose a serious risk for community residents on foot -- particularly seniors and young children. Currently the police can only ticket the bike rider, however under the new law the businesses that employee these reckless riders will face the fine. When a business has a vested monetary interest in its employees following the “rules of the road,” they will be motivated to educate their delivery people to follow the law. This will act as a very strong deterrent for the kinds of reckless activities which injure and sometimes kill pedestrians.

“This has been a growing problem in many of our neighborhoods. It’s evident by the large volume of calls my office receives on the matter, not to mention concerns expressed at local Community Boards and police precinct meetings” said Senator Krueger. “I am a strong supporter of expanded, safe biking access but everybody needs to follow the rules. This legislation will bring us far closer to a responsible public policy for the coexistence of bike delivery persons and pedestrians.”

S4528-A works to enforce Section 10-157 of the Administrative Code of the City of New York which requires all commercial bicycle operators to carry identification cards as well as wear an obvious visual means of identification with the name of the establishment or a registered number identified solely with a particular business address.

"The issue of sharing our streets among pedestrians, bicyclists and motorists is one of compromise. We must all work together to ensure general public safety. This legislation will go far in ensuring the proper regulations are in place so our community's public safety can be enforced. I am pleased to see the Senate’s approval of this legislation, working toward a responsible policy for keeping our pedestrians safe by removing the threat of bicycles on our sidewalks.”

WWW.LIZKRUEGER.COM

211 East 43rd Street, Suite #401

New York, NY 10017

Tel: (212) 490-9535

Fax: (212) 490-2151

Stuart Gruskin: CCRC blog/Villager Piece Sept -2009 pdf:

http://www.ccrcnyc.com/2009/07/pedestrians-beware-danger-lurks-on-4.html

This is Mr.Stuart Gruskin. Fatally struck by rogue delivery rider Alfredo Geraldo. Died May 1 ,2009. The following intro is from Chinatown community leader Jan Lee of the CCRC. The piece ran in The Villager Sept 2009 .To visit "The Gruskin Family Foundation" click on this link: http://scgff.org/MissionStatement/MissionSt.html .It was established to honor Mr.Gruskin and contribute to managing the epidemic of scofflaw bike riding and developing a responsible bike culture in NYC.

"Biking Behavior in Midtown" Prof.Peter Tuckel

In May 2009 Prof.Peter Tuckel-lead investigator from Hunter College-released the study "Biking Behavior in Midtown". Conducted during the month of April the study observed 5,275 cyclists at 45 intesections from 14th to 59th Streets and 1st Ave to 10th Ave.Dividing cyclists into three groups-working, commuter and recreational the study details an alarming amount of scofflaw behavior on the part of all three groups.The working cyclists being the most scofflaw and the hours of dusk and night the most dangerous. The study does NOT account for near misses or other incidents that create an atmosphere of jeopardy for pedestrians, fellow cyclists and motorists.

http://graphics8.nytimes.com/packages/pdf/nyregion/city_room/spring_2009_bikestudy_2.pdf