File #: Int 0030-2024    Version: Name: Safety standards for powered bicycles and powered mobility devices used for deliveries.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Consumer and Worker Protection
On agenda: 2/8/2024
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to safety standards for powered bicycles and powered mobility devices used for deliveries
Sponsors: Oswald Feliz, Keith Powers , Shaun Abreu, Rita C. Joseph, Gale A. Brewer, Farah N. Louis, Carlina Rivera , Lincoln Restler, Althea V. Stevens, Sandra Ung, Crystal Hudson, Erik D. Bottcher
Council Member Sponsors: 12
Summary: This bill would establish safety standards for powered bicycles and powered mobility devices when used for food delivery services, grocery delivery services and businesses using bicycles for commercial purposes. Specifically, the bill requires that any powered mobility device operated by a delivery worker on behalf of a third-party delivery service, third-party courier service, third-party grocery service or business using a bicycle for commercial purposes meet local standards established for the sale of such device, which includes certification by an accredited testing laboratory. Where such a device was being used, third-party delivery services, third-party courier services, and businesses using bicycles for commercial purposes would be responsible for providing the worker with the device at no expense to the worker, or could allow the worker to provide their own compliant device. They could not require the worker to provide a powered bicycle or mobility device at the worker’s expense, however. Finally, responsibility for compliance with these provisions would fall on the third-party delivery service, third-party courier service, or the businesses which would be subject to civil penalties for any violations.
Attachments: 1. Summary of Int. No. 30-A, 2. Summary of Int. No. 30, 3. Int. No. 30, 4. Hearing Testimony 10/23/23, 5. Committee Report 1/31/24, 6. Hearing Testimony 1/31/24, 7. Hearing Transcript 1/31/24, 8. February 8, 2024 - Stated Meeting Agenda, 9. Hearing Transcript - Stated Meeting 2-8-24, 10. Minutes of the Stated Meeting - February 8, 2024, 11. Proposed Int. No. 30-A - 6/14/24, 12. Committee Report 6/21/24, 13. Hearing Testimony 6/21/24

Proposed Int. No. 30-A

 

By Council Members Feliz, Powers, Abreu, Joseph, Brewer, Louis, Rivera, Restler, Stevens, Ung, Hudson and Bottcher

 

A Local Law to amend the administrative code of the city of New York, in relation to safety standards for powered bicycles and powered mobility devices used for deliveries

 

Be it enacted by the Council as follows:

 

Section 1. Section 20-1501 of the administrative code of the city of New York is amended by adding new definitions of “grocery delivery worker,” “powered mobility device,” and “third-party grocery delivery service” in alphabetical order to read as follows:

 Grocery delivery worker. The term “grocery delivery worker” means any natural person or any organization composed of no more than one natural person, whether or not incorporated or employing a trade name, who is hired, retained or engaged as an independent contractor by a third-party grocery delivery service to deliver food, beverages, or other goods to a consumer in exchange for compensation. 

Powered mobility device. The term “powered mobility device” means a powered bicycle or a powered mobility device, as such terms are defined in subchapter 2 of chapter 4 of title 20.

Third-party grocery delivery service. The term “third-party grocery delivery service” means a service that offers or facilitates the same-day delivery or same-day pickup of food, beverages, or other goods from an establishment, whether or not open to the public, which stocks such goods.

§ 2. Subchapter 2 of chapter 15 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-1526 to read as follows:

§ 20-1526 Powered mobility devices. a. Any powered mobility device operated by a food delivery worker on behalf of a third-party delivery service or third-party courier service shall meet the standard for sale established by paragraph 1 of subdivision a of section 20-610, or paragraph 1 of subdivision b of such section, and any rules promulgated pursuant to either such paragraphs. Any such powered mobility device shall be provided at the expense of such delivery service or courier service, provided such delivery service or courier service may permit a food delivery worker to make deliveries using a personal device that meets the standards provided in this section, and further provided that such delivery service or courier service shall not require any of its food delivery workers to provide such powered mobility device at such worker's expense as a term of employment.

b. Any powered mobility device operated by a grocery delivery worker on behalf of a third-party grocery delivery service shall meet the standard for sale established by paragraph 1 of subdivision a of section 20-610, or paragraph 1 of subdivision b of such section, and any rules promulgated pursuant to either such paragraphs. Any such powered mobility device shall be provided at the expense of such grocery delivery service, provided such grocery delivery service may permit a grocery delivery worker to make deliveries using a personal device that meets the standards provided in this section, and further provided that such grocery delivery service shall not require any of its grocery delivery workers to provide such powered mobility device at such worker’s expense as a term of employment.

§ 3. Subdivision a of section 10-157 of the administrative code of the city of New York is amended by adding a new definition of “e-bike” in alphabetical order to read as follows:

E-bike. The term “e-bike” means a bicycle that is a “powered bicycle” or “powered mobility device” as such terms are defined in section 20-609.

§ 4. Section 10-157 of the administrative code of the city of New York is amended by adding a new subdivision m to read as follows:

m. Any e-bike that is operated by a bicycle operator on behalf of a business using a bicycle for commercial purposes shall meet the standard for sale established by paragraph 1 of subdivision a of section 20-610, or paragraph 1 of subdivision b of such section, and any rules promulgated pursuant to either such paragraphs. Any such e-bike shall be provided at the expense of the business using a bicycle for commercial purposes, provided such business using a bicycle for commercial purposes may permit a bicycle operator to make deliveries using a personal e-bike that meets the standards provided in this section, and further provided that such business using a bicycle for commercial purposes shall not require any of its bicycle operators to provide such e-bike at such bicycle operator’s expense as a term of employment.

§ 5. This local law takes effect 6 months after becoming law.

 

JDK/SS

LS #10846

6/13/2024