Int. No. 993
By Council Members Brewer and Wilson
A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to establishing the taxi and limousine commission’s authority over pedicabs, and to repeal subchapter 9 of chapter 2 of title 20 of such code relating to the department of consumer and worker protection’s oversight and regulation of pedicabs
Be it enacted by the Council as follows:
Section 1. Section 2300 of the New York city charter, as amended by local law number 83 for the year 1997, is amended to read as follows:
There shall be a New York city taxi and limousine commission, the purposes of which shall be the continuance, further development and improvement of taxi, [and] limousine, and pedicab service in the city of New York. It shall be the further purpose of the commission, consonant with the promotion and protection of the public comfort and convenience to adopt and establish an overall public transportation policy governing taxi, coach, limousine, wheelchair accessible van services, [and] commuter van services, and pedicab services as it relates to the overall public transportation network of the city; to establish certain rates, standards of service, standards of insurance and minimum coverage; standards for driver safety, standards for equipment safety and design; standards for noise and air pollution control; and to set standards and criteria for the licensing of vehicles, pedicabs, drivers and chauffeurs, owners and operators engaged in such services; all as more particularly set forth herein.
§ 2. Subdivision a of section 2303 of the New York city charter, as amended by local law number 16 for the year 2008, is amended to read as follows:
a. The jurisdiction, powers and duties of the commission shall include the regulation and supervision of the business and industry of transportation of persons by licensed vehicles and pedicabs for hire in the city, pursuant to provisions of this chapter. Except as otherwise provided herein, charges of violations of the provisions of the administrative code and rules promulgated thereunder shall be adjudicated by the administrative tribunal established by the commission and governed by the citywide administrative procedure act.
§ 3. Paragraphs 3, 5, and 6 of subdivision b of section 2303 of the New York city charter, paragraph 5 of such subdivision as amended by a vote of the electors on November 7, 1989, are amended to read as follows:
3. The revocation and suspension of licenses for vehicles and pedicabs, other than licenses issued pursuant to state law, provided, however, that taxicab licenses represented by medallions heretofore issued shall in all respects remain valid in accordance with their terms and transferable according to law.
5. The issuance, revocation, and suspension of licenses for drivers, chauffeurs, owners or operators of vehicles and pedicabs, other than licenses issued pursuant to state law, and for taxicab brokers, and the establishment of qualifying standards required for such licensees.
6. Requirements of standards of safety, and design, comfort, convenience, noise and air pollution control and efficiency in the operation of vehicles, pedicabs, and auxiliary equipment.
§ 4. Subdivision c of section 2303 of the New York city charter, as amended by local law number 115 for the year 1993, paragraph (1) of such subdivision as amended by local law number 16 for the year 2008, is amended to read as follows:
c. [(1)] 1. The commission shall create an administrative tribunal to adjudicate charges of violation of provisions of the administrative code and rules promulgated thereunder. The commission shall have the power to enforce its tribunal’s decisions and orders imposing civil penalties, not to exceed [ten thousand dollars] $10,000 for each respondent, for violations relating to unlicensed vehicles and pedicabs for hire and unlicensed drivers of vehicles and pedicabs for hire and for violations relating to the operation of commuter van services without authorization and the operation of unlicensed commuter vans and unlicensed drivers of commuter vans pursuant to chapter 5 of title 19 of the administrative code as if they were money judgments, without court proceedings, in the following manner: Any such decision or order of the commission’s administrative tribunal imposing a civil penalty, whether the adjudication was had by hearing or upon default or otherwise, shall constitute a judgment rendered by the commission which may be entered in the civil court of New York or any other place provided for the entry of civil judgments within the state. Before a judgment based upon a default may be so entered the commission or administrative tribunal shall have first notified the respondent by first class mail in such form as the commission may direct: (i) of the default and order and the penalty imposed; (ii) that a judgment will be entered in the civil court of the city of New York or any other place provided by law for the entry of civil judgments within the state of New York; and (iii) that entry of such judgment may be avoided by requesting a stay of default for good cause shown and either requesting a hearing or entering a plea pursuant to the rules of the commission or administrative tribunal within 30 days of the mailing of such notice.
[(2)] 2. The commission or tribunal shall not enter any decision or order pursuant to paragraph [one] 1 of this subdivision unless the notice of violation shall have been served in the same manner as is prescribed for service of process by article [three] 3 of the civil practice law and rules or article [three] 3 of the business corporation law except that: (a) with respect to any notice of violation which alleges the operation of an unlicensed vehicle or pedicab for hire the operator of such vehicle or pedicab who is not the owner thereof but who uses or operates such vehicle or pedicab with the permission of the owner, express or implied, shall be deemed to be the agent of such owner to receive such notice of violation and service made pursuant to this paragraph on such operator shall also be deemed to be lawful service upon such owner; or (b) with respect to any notice of violation which alleges the operation of an unauthorized commuter van service or an unlicensed commuter van, the operator of the vehicle giving rise to such violation who is not the owner of such commuter van service or such commuter van, as applicable, but who uses or operates such vehicle with the permission, express or implied, of the owner of such commuter van service or such commuter van, as the case may be, shall be deemed to be the agent of the owner of such commuter van service or such commuter van, as the case may be, to receive such notice of violation. Service made pursuant to this paragraph on such operator shall be deemed to be lawful service upon the owner of such commuter van service or commuter van, as applicable.
§ 5. Title 19 of the administrative code of the city of New York is amended by adding a new chapter 5-a to read as follows:
CHAPTER 5-a
PEDICABS
§ 19-575 Legislative findings. It is the purpose of this chapter to regulate and control pedicab businesses to protect consumers and to ensure the safety of the public, including passengers and drivers operating pedicabs. It is also the purpose of this chapter to minimize the effect of pedicabs on traffic and congestion by establishing a maximum number of pedicabs that can be authorized to operate in the city. It is the purpose of this chapter to require the inspection of pedicabs to ensure that pedicabs are safely operated in the streets of the city, and to provide a process for their removal if they have not been inspected as required.
§ 19-576 Definitions. As used in this chapter, the following terms have the following meanings:
Commission. The term “commission” means the New York city taxi and limousine commission.
Family member. The term “family member” means a member of the immediate family, including, but not limited to, a spouse, domestic partner, sibling, child, grandchild, parent, or grandparent.
Owned or owns. The terms “owned” or “owns” mean possession with good legal title, or possession under a lease, reserve title contract, conditional sales agreement or vendor’s agreement or similar agreement.
Pedicab. The term “pedicab” means a bicycle as defined in the vehicle and traffic law or other device that is designed and constructed to transport or carry passengers, that is solely propelled by human power, and that is operated to transport passengers for hire.
Pedicab business or business. The terms “pedicab business” or “business” mean a pedicab owner who operates or authorizes the operation of 1 or more pedicabs in the city of New York.
Pedicab business license. The term “pedicab business license” means a license issued by the commission pursuant to section 19-577.
Pedicab driver. The term “pedicab driver” means any natural person who propels and operates a pedicab in the city of New York.
Pedicab driver license. The term “pedicab driver license” means a license issued by the commission to a pedicab driver to operate a pedicab.
Pedicab owner or owner. The terms “pedicab owner” or “owner” mean any person who owns 1 or more pedicabs in the city of New York.
Registration plate. The term “registration plate” means a unique identification tag issued by the commission pursuant to section 19-582.
§ 19-577 Pedicab business license. a. It is unlawful for a pedicab owner to conduct a pedicab business unless such pedicab owner has first obtained from the commission a pedicab business license.
b. In order to obtain, amend, or renew a pedicab business license, a pedicab owner must provide the commission with the following:
1. A list of all pedicabs owned, leased, or controlled by such pedicab owner for which such owner seeks registration pursuant to section 19-582. Each such pedicab shall be uniquely identified on such list;
2. Proof that there is in force for the full license term a policy of public liability and property damage insurance that meets the requirements of section 19-580 <https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-32952> for each pedicab listed pursuant to paragraph 1 of this subdivision; and
3. Such other information as the commission may require to establish the pedicab owner’s eligibility for a pedicab business license under this chapter.
c. A pedicab business license shall be valid for a term of 1 year. There shall be an annual fee of $110 for such license that shall include the fee for registration, required by section 19-582, of 1 pedicab. The registration fee for each additional pedicab shall be $60. The annual fee may be pro-rated by the commission for the initial license period.
d. Notwithstanding subdivision a of this section, a person holding a pedicab driver license shall not be required to obtain a pedicab business license to drive a pedicab that is owned by a pedicab business licensed under this chapter.
e. The commission may deny or revoke a pedicab business license if a pedicab owner fails to obtain the registration plates required pursuant to section 19-582 for each pedicab identified on the list submitted by such owner pursuant to paragraph 1 of subdivision b of this section.
§ 19-578 Applications for, and issuance of, registration plates. a. The commission shall accept application for registration plates, pursuant to section 19-582, provided that the total number of registration plates shall not exceed 850. The commission shall conduct an annual review of pedicab registrations, and if the number of registration plates issued falls below 840, the commission shall issue additional registration plates in accordance with the provisions of this chapter and rules promulgated pursuant to this chapter.
b. The commission may inspect pedicabs to determine whether they are equipped with the features set forth in subdivision a of section 19-581 and comply with the requirement set forth in subdivision b of section 19-581.
c. The commission shall issue registration plates only to a pedicab owner who has submitted the materials required by subdivision b of section 19-577 to obtain, amend, or renew a pedicab business license or to a pedicab owner who has already obtained a pedicab business license.
d. The commission shall not issue registration plates to more than 30 pedicabs for any pedicab business. No pedicab business or pedicab owner shall hold more than 30 registration plates at any one time. A pedicab business shall be deemed to have more than 30 registration plates if:
1. An owner of such pedicab business has a direct or indirect beneficial interest in 1 or more other pedicab businesses and the businesses together have more than 30 registration plates;
2. A family member of the owner of such business has a direct or indirect beneficial interest in 1 or more other pedicab businesses and the businesses together have more than 30 registration plates;
3. A person who has a direct or indirect beneficial interest in such pedicab business has a direct or indirect beneficial interest in 1 or more other pedicab businesses and the businesses together have more than 30 registration plates; or
4. A family member of a person who has a direct or indirect beneficial interest in such pedicab business has a direct or indirect beneficial interest in 1 or more other pedicab businesses and the businesses together have more than 30 registration plates.
e. The commission shall issue registration plates only to a pedicab business or owner with respect to pedicabs listed and identified in accordance with paragraph 1 of subdivision b of section 19-577 on the application of such business or owner for a pedicab business license.
f. A pedicab registration plate shall become void upon the revocation or suspension of the pedicab owner’s pedicab business license.
§ 19-579 Issuance of pedicab business license. a. The commission shall issue a pedicab business license only to a person who meets all the requirements of this chapter and any rules promulgated by the commission to effectuate the purposes of this chapter.
b. A pedicab business license is valid only for the person in whose name it is issued.
c. The commission may refuse to issue or renew a pedicab business license to a pedicab owner based on a determination that such applicant has engaged in conduct that would constitute a basis for license suspension or revocation as set forth in subdivision a of section 19-588.
d. A pedicab business license cannot be transferred or sold. The commission shall promulgate rules as to whether, and the extent to which, a pedicab business license remains valid after any change in the beneficial ownership of a pedicab business, including, without limitation, any such change resulting from a direct or indirect, voluntary or involuntary, sale or transfer of a beneficial ownership interest.
§ 19-580 Insurance. a. It is unlawful for any pedicab business to operate or authorize the operation of a pedicab in the city unless there is in force for such pedicab a policy of insurance that meets the requirements of this section.
b. Such policy of liability insurance shall insure such pedicab business and all pedicab drivers of the pedicabs of such business, whether such pedicab drivers are employees of the pedicab business or operate such pedicabs otherwise by agreement with the pedicab business. Such insurance policy must provide, at minimum, the following protection:
1. The pedicab business carries a policy providing liability coverage for injury or death of any person or persons, and damage to or destruction of any property in a combined single limit amount of $2 million, or such higher amount as the commission may determine by rule, with a maximum of $1 million for each accident, where liability for such injury or death of a person or persons, or damage to or destruction of property shall arise out of the operation of the pedicab business’s pedicabs; or
2. Each pedicab is insured in at least the following amounts, or such higher amounts as the commission may determine by rule, where liability for such injury or death of a person or persons, or damage to or destruction of property arises out of the operation of the pedicab:
(a) For personal injury or death of 1 person: $100,000;
(b) For personal injury or death of all persons in 1 accident: $300,000, with a maximum of $100,000 for each person; and
(c) For property damage: $50,000.
c. Such policy of liability insurance shall name the city of New York as an insured party.
d. A pedicab business shall notify the commission of any modification, amendment, cancelation, or substitution of any insurance policy required under subdivision b of this section within 14 days of the date of the notice to the pedicab business of such modification, amendment, cancelation, or substitution.
e. If the policy of insurance required by this section lapses for any reason, the license issued pursuant to section 19-577 shall become void for such pedicab business.
§ 19-581 Required equipment of pedicabs. a. Each pedicab operated in the city shall be equipped with the following features:
1. Three or more wheels;
2. A unibody frame for the entire vehicle;
3. Seating for no more than 3 passengers;
4. Hydraulic or mechanical disc or drum brakes, which are unaffected by rain or wet conditions;
5. A secondary or emergency brake system;
6. Battery-operated headlights capable of projecting a beam of light for a distance of 300 feet;
7. Battery-operated taillights which are visible from 500 feet;
8. Turn lights;
9. Passenger seat belts;
10. An audible signaling device;
11. Reflectors on the spokes of the wheels;
12. A timer, of a type approved by the commission, affixed within clear view of passengers;
13. A sign attached to the interior of the pedicab within view of passengers indicating the name and telephone number of the pedicab business, the pedicab’s registration number, and a telephone number that can be used to direct consumer complaints about such pedicab to the commission;
14. A sign conspicuously posted on both sides of the exterior of the pedicab indicating in letters and numbers at least 2 inches high the dollar amount to be charged per minute per ride, and in letters and numbers at least one half of an inch high that: (i) no additional fees may be charged and (ii) drivers must give passengers a pedicab information card; and
15. A sign affixed to the rear of the bicycle seat of the pedicab indicating in letters and numbers at least 2 inches high the dollar amount to be charged per minute per ride.
b. The maximum width of a pedicab shall be 55 inches and the maximum length of a pedicab shall be 10 feet.
c. It is unlawful for a pedicab business to operate or authorize the operation of, or for a pedicab driver to operate, a pedicab that does not comply with the requirements of this section.
§ 19-582 Inspection; registration plate. a. It is unlawful for a pedicab business to operate or authorize the operation of, or for a pedicab driver to operate, a pedicab unless:
1. It has been inspected by the commission and passed such inspection;
2. It has been issued a registration plate that indicates on such plate the expiration date of the current registration; and
3. Such registration is in effect.
b. A registration shall be valid for a period no longer than 1 year, and the expiration date of such registration plate shall be a date specified by the commission by rule.
c. If the commission determines after such inspection that a pedicab is equipped with the features set forth in subdivision a of section 19-581, and complies with the requirement set forth in subdivision b of section 19-581, upon payment of the registration fee provided by section 19-577, the commission shall issue a registration plate to the pedicab business that authorizes the operation of such pedicab.
d. The commission shall affix such registration plate securely to a conspicuous and indispensable part of each pedicab.
e. The registration plate shall be of such material, form, design, and dimension and set forth such distinguishing number or other identification marks as the commission shall prescribe.
f. A pedicab business shall pay an additional $55 as a re-inspection fee for any pedicab that fails to appear at an inspection scheduled by the commission or that is determined upon inspection not to meet the requirements of this section and such business re-applies for a registration plate. The commission may determine the circumstances under which re-inspections of pedicabs are permitted.
g. It is unlawful for a person to whom a registration plate has been issued for a pedicab to transfer any interest in such plate to any other person unless:
1. The pedicab, if intended to be transferred with the registration plate, complies with all applicable requirements imposed by this chapter;
2. Such transfer will not result in a violation of subdivision d of section 19-578; and
3. The commission approves such transfer.
§ 19-583 Records. Every pedicab business shall maintain such records related to the ownership and operation of its pedicabs as the commission may prescribe by rule. Such records shall be made available for inspection at the commission’s request at either the offices of the pedicab business or at the offices of the commission.
§ 19-584 Pedicab driver license. a. It is unlawful for a pedicab driver to operate a pedicab unless the pedicab driver has first obtained a pedicab driver license from the commission.
b. It is unlawful for a pedicab business to permit the operation of any pedicabs owned by it by a person who does not have a pedicab driver license and a motor vehicle driver’s license in full force and effect.
c. In order to obtain or renew a pedicab driver license, a pedicab driver shall file an application with the commission for such pedicab driver license. Such application shall be made on a form prescribed by the commission and shall contain such information as the commission may require to establish the applicant’s eligibility for a pedicab driver license under this chapter.
d. To be eligible for or to maintain a pedicab driver license, an applicant or licensee shall:
1. Be at least 18 years of age;
2. Possess a currently valid motor vehicle driver’s license that is in full force and effect;
3. Not have a motor vehicle driver's license that is suspended or revoked; and
4. Meet such fitness requirements as the commission may determine by rule.
e. A pedicab driver license shall be valid for a term of 1 year. There shall be a fee of $35 for such license. The commission shall establish the expiration date for such license by rule.
f. The commission may refuse to issue a pedicab driver license or to renew such a license based on a determination that such pedicab driver has engaged in conduct that would constitute a basis for the suspension or revocation of a pedicab driver license as set forth in subdivision c of section 19-588.
g. Service of a violation, and any related notices, on a pedicab driver shall constitute service on the pedicab business that authorized the operation of such pedicab by virtue of employment, lease, or any other arrangement and shall provide the pedicab business the opportunity to participate in any hearing held on such violation.
§ 19-585 Display of pedicab driver’s identification. a. The commission shall provide a photo identification card to each pedicab driver who has obtained a pedicab driver license. Such photo identification card shall include the license number of such pedicab driver license and the motor vehicle driver’s license number of such pedicab driver, as well as the issuing state of such motor vehicle driver’s license.
b. The pedicab driver shall wear such photo identification card so that it is visible to passengers and enforcement officers when such pedicab driver is operating a pedicab. A copy of such photo identification card shall also be displayed inside any pedicab under the control of such driver in a manner clearly visible to the passengers of such pedicab.
§ 19-586 Restrictions on the operation of pedicabs. a. A pedicab driver is subject to all provisions of state and local law governing the operation of a bicycle, which include, but are not limited to, provisions of the vehicle and traffic law, the New York city administrative code, and rules of the city of New York promulgated by the department of transportation and the department of parks and recreation.
b. A pedicab driver shall not:
1. Operate a pedicab to transport more than 3 passengers.
2. Operate a pedicab in motion while a passenger is standing in such pedicab.
3. Operate a pedicab on any bridge or in any tunnel or in any bicycle lane, or in any pedestrian plaza. For purposes of this section “pedestrian plaza” means an area designated by the department of transportation for use by pedestrians located fully within the bed of a roadway, which may vary in size and shape; may abut a sidewalk; may be at the same level as the roadway or raised above the level of the roadway; may be physically separated from the roadway by curbing, bollards, or other barrier; may be treated with special markings and materials; and may contain benches, tables, or other facilities for pedestrian use.
4. Permit a pedicab to be operated simultaneously by anyone in addition to the pedicab driver.
5. Operate a pedicab that is designed or constructed to permit propulsion by more than 1 individual at any time.
6. Operate a pedicab while such pedicab driver’s ability to operate such pedicab is impaired by the consumption of alcohol, the use of any drug, or by any other means, or while such pedicab driver is in an intoxicated condition. A pedicab driver operating a pedicab that has been involved in an accident or has been operated in violation of subdivision a of this section shall be deemed to have given consent to a breath test and shall, at the request of a police officer, submit to a breath test to be administered by the police officer. Failure to submit to such breath test shall serve as the basis for an immediate suspension of a pedicab driver license, subject to a prompt post-suspension hearing.
7. Operate a pedicab without a currently valid motor vehicle driver’s license or while such pedicab driver’s New York State motor vehicle driver’s license is suspended or revoked.
c. Pedicabs may be operated in any public park or any property under the charge or control of the department of parks and recreation pursuant to the rules of the department of parks and recreation and in accordance with the rules of the department of transportation.
d. A pedicab business shall submit to the commission, on a form prescribed by the commission, a written report of every accident involving a pedicab operated by such pedicab business within 24 hours after the occurrence of such accident. Such form shall be signed by a principal or officer of such pedicab business as well as by the pedicab driver involved in such accident with an affirmation of the truth of the contents of the form.
e. If there are exigent circumstances and a police officer or other authorized officer or employee of any agency directs a pedicab driver to move a pedicab from any street, avenue, or other location, such pedicab driver shall not operate the pedicab at such street, avenue, or location for the duration of such exigent circumstances. For the purposes of this subdivision, exigent circumstances include, but are not limited to, unusually heavy pedestrian or vehicular traffic; existence of any obstructions in the public space; an accident, fire, or other emergency; or a parade, demonstration, or other such event at or near such location.
f. If there are exceptional circumstances, the police commissioner, in consultation with the commission and the department of transportation, may, upon notice, restrict or prohibit any pedicab driver from operating a pedicab on any street, avenue, or other location for a specified period of time. Such specified period of time shall not exceed 14 days, except that the 14-day time limit shall not be in effect between November 12 and January 7 of the following year, in and around the area of Manhattan bounded on the north by Fifty-ninth Street, on the south by Thirty-ninth Street, on the east by Lexington Avenue and on the west by Eighth Avenue. For the purposes of this subdivision, exceptional circumstances include, but are not limited to, unusually heavy pedestrian or vehicular traffic; existence of any obstruction in the public space; or a parade, demonstration, or other such event or occurrence at or near such location.
g. A community board may conduct public hearings and submit written recommendations to the commission, the department of transportation, the police department, and the council concerning the effects of this chapter on its community. Such recommendations may include, but need not be limited to, methods to address any impact this chapter may have on such community with respect to pedestrian and vehicle traffic flow.
h. A pedicab business shall design and implement policies and procedures to train all pedicab drivers that operate any pedicabs owned by such pedicab business on the obligation to follow all provisions of state and local law governing the operation of a bicycle, as described in subdivision a of this section, and shall require such drivers to provide a copy of any summons, complaint, or notice of violation of any law or regulation received while operating a pedicab to such pedicab business, as well as a copy of the disposition of such summons, complaint, or notice of violation of such pedicab business, within 5 business days of such drivers’ receipt of such documents. It is unlawful for a pedicab business to fail to train pedicab drivers to ensure compliance with such requirements.
i. A pedicab driver who is arrested, or who receives a summons or complaint for a traffic-related offense or other notice of violation of any law or regulation, while operating a pedicab, shall provide a copy of the record of such arrest or a copy of such summons, complaint, or notice of violation to the pedicab business to which such pedicab is registered within 5 business days of such driver’s receipt of such documents. A pedicab driver shall also provide a copy of the disposition of such arrest, summons, complaint, or notice of violation to such pedicab business within 5 days of receipt of such disposition. It is unlawful for a pedicab driver to fail to provide any of these documents to the pedicab business.
§ 19-587 Rates of pedicabs; pedicab information card. a. Rates. Rates for pedicab rides shall be based on time calculated per minute per ride. Each pedicab driver shall make such calculation using the timer affixed to the pedicab pursuant to paragraph 12 of subdivision a of section 19-581. Each pedicab driver shall activate such timer when all passengers are seated and the pedicab ride commences, and shall stop the timer when the pedicab has reached its destination and the pedicab is at a full stop.
1. It is unlawful for a pedicab driver to charge any added fee, including fees for additional passengers.
2. Each minute shall be charged at the same rate.
3. Rates shall be displayed on the exterior of the pedicab and the rear of the bike seat on the pedicab pursuant to paragraphs 14 and 15 of subdivision a of section 19-581 at all times.
b. Higher rate prohibited. It is unlawful for a pedicab driver to charge a passenger a higher rate than the rate displayed on the pedicab pursuant to paragraphs 14 and 15 of subdivision a of section 19-581.
c. Pedicab information card. 1. The commission shall create a pedicab information card in a size and style to be determined by the commission that states in substance: (i) all pedicabs shall display a sign disclosing the price to be charged per minute per ride on the exterior of the pedicab and the rear of the bike seat of the pedicab; (ii) drivers are not permitted to charge tax; (iii) gratuity is not required; (iv) it is unlawful for a pedicab driver to charge any added fee, including fees for additional passengers; (v) passengers may call 311 if they have a complaint regarding a pedicab driver or business; and (vi) such additional information as required by the commission. The pedicab information card shall include an area where each pedicab driver shall insert the information required by paragraph 3 of this subdivision.
2. The commission shall distribute such pedicab information card to every pedicab driver licensed pursuant to section 19-584, in a manner to be determined by the commission.
3. Before a passenger enters a pedicab, the driver shall provide such passenger with the pedicab information card required by paragraph 1 of this subdivision with the following information inserted by the driver: (i) the driver’s name and pedicab driver license number, which shall be clearly identified as a commission license number; (ii) the pedicab business’s name, address, telephone number and pedicab business license number, which shall be clearly identified as a commission license number; and (iii) the rate per ride as indicated on the exterior of the pedicab and the rear of the bike seat of the pedicab pursuant to paragraphs 14 and 15 of subdivision a of section 19-581. At the conclusion of the pedicab ride, the driver shall enter the following information on the pedicab information card: (i) the date; (ii) the total number of minutes and fraction of a minute of the pedicab ride; and (iii) the total charge of the pedicab ride. The driver shall then return the information card to the passenger.
§ 19-588 Denial of license or renewal, suspension and revocation. a. In addition to any of the powers that may be exercised by the commission pursuant to this chapter or sections 2300 and 2303 of the charter, the commission, after due notice and an opportunity to be heard, may suspend or revoke a pedicab business license upon the occurrence of any one or more of the following conditions:
1. The occurrence of fraud, misrepresentation, or false statements contained in the application for such license;
2. The operation of a pedicab, owned by the pedicab business, by a pedicab driver who does not have in full force and effect a pedicab driver license and a motor vehicle driver’s license;
3. The operation of a pedicab, owned by the pedicab business, that has not been inspected or that does not have affixed to it a registration plate as required by section 19-582; or
4. Violation by a pedicab business of any of the provisions of this chapter, rules promulgated pursuant to this chapter or sections 2300 and 2303 of the charter, or any other law applicable to the operation of a pedicab business.
b. Notwithstanding subdivision a of this section, upon the occurrence of any of the conditions set forth in such subdivision a, if the commission determines that continued possession by a pedicab owner of a pedicab business license would pose an exigent danger to the public, the commission may suspend such pedicab business license, subject to a prompt post-suspension hearing.
c. In addition to any of the powers that may be exercised by the commission pursuant to this chapter or sections 2300 and 2303 of the charter, the commission, after due notice and an opportunity to be heard, may suspend or revoke a pedicab driver license upon the occurrence of any one or more of the following conditions:
1. The occurrence of fraud, misrepresentation, or false statements contained in the application for such license;
2. The operation of a pedicab that has not been inspected or that does not have affixed to it a registration plate as required by section 19-582; or
3. The violation by a pedicab driver of any of the provisions of this chapter, rules promulgated pursuant to this chapter or sections 2300 and 2303 of the charter, or of any other law applicable to the operation of a pedicab by such pedicab driver.
d. Notwithstanding subdivision c of this section, upon the occurrence of any of the provisions set forth in such subdivision c, if the commission determines that continued possession by a pedicab driver of a pedicab driver license would pose an exigent danger to the public, the commission may suspend such pedicab driver license, subject to a prompt post-suspension hearing.
e. 1. (a) The commission shall suspend a pedicab driver license for a period of no less than 3 months upon a finding that a pedicab driver has committed 1 violation of paragraph 7 of subdivision b of section 19-586 within any 12-month period.
(b) The commission shall revoke a pedicab driver license upon a finding that a pedicab driver has committed 2 violations of paragraph 7 of subdivision b of section 19-586 or 1 violation of paragraph 6 of subdivision b of section 19-586 within any 12-month period.
2. For purposes of this subdivision, all violations committed on any one day by any one pedicab shall constitute a single violation.
f. Any pedicab business that has been found to have been in violation of section 19-582 at least 1 time within any 12-month period shall have its business license suspended by the commission for a period of not less than 1 month. Any pedicab business that has been found to have been in violation of section 19-582 at least 3 times within any 12-month period shall have its business license suspended by the commission for a period of not less than 1 year. For purposes of this subdivision only, all violations committed on any one day shall constitute a single violation.
g. A pedicab business that, or pedicab driver who, has had a license revoked, in accordance with this section may not apply for a new license for 3 years from the date of revocation.
h. In addition to any of the powers that may be exercised by the commission pursuant to this chapter, the commission, after due notice and an opportunity to be heard, may suspend, revoke, deny, or refuse to renew a pedicab business license based on a determination that the number or type of violation or violations issued to pedicab drivers of pedicabs owned by such pedicab business indicate that the operation of such pedicab business poses a threat to public safety.
i. Any pedicab that is found in violation of paragraph 4, paragraph 5, or paragraph 9 of subdivision a of section 19-581 three times or more within any 12-month period shall have its registration suspended by the commission for a period of not less than 1 year and such pedicab shall not be operated during such period.
§ 19-589 Failure to display pedicab registration or pedicab driver license. a. In any civil, criminal, or administrative action or proceeding, the failure to display the registration plate on the pedicab on which it is required to be displayed as provided in section 19-582 shall be presumptive evidence that such pedicab has not been inspected and is not duly registered as required by this chapter.
b. In any civil, criminal, or administrative action or proceeding, the failure by a pedicab driver who is required to be licensed pursuant to the provisions of this chapter to display or to exhibit on demand such driver’s pedicab driver license in accordance with the provisions of this chapter to any officer or employee authorized to enforce the provisions of this chapter, shall be presumptive evidence that such pedicab driver is not duly licensed.
§ 19-590 Penalties; seizure; forfeiture. a. It is a traffic infraction to violate any provision of this chapter, and such traffic infractions shall be punishable in accordance with section 1800 of the vehicle and traffic law.
b. Any person who violates any provision of this chapter or any rules promulgated pursuant to this chapter shall be subject to a civil penalty of: (i) $200 for the first violation and for each additional violation committed on the same day; (ii) $500 for the second violation committed, and each additional violation committed on the same day, within a 1-year period; and (iii) $1,000 for the third and any subsequent violation committed, and each additional violation committed on the same day, within a 1-year period; provided that any person who violates section 19-580 <https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-32952>, paragraph 6 or 7 of subdivision b or subdivision d or e of section 19-586, or any rule or regulation promulgated thereunder, shall be subject to a civil penalty of: (i) $500 for the first violation; (ii) $1,000 for the second violation committed, and each additional violation committed on the same day, within a 1-year period; and (iii) $4,000 for the third and any subsequent violation committed, and each additional violation committed on the same day, within a 1-year period; and provided further that a person shall be subject to a civil penalty of zero dollars for a first violation of paragraph 13, 14, or 15 of subdivision a of section 19-581 or subdivision d or e of section 19-582 or any rule or regulation promulgated thereunder, or any rule or regulation promulgated pursuant to subdivision b of section 19-592, if such person proves to the satisfaction of the commission, within 30 days of the issuance of the notice of violation and before the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the commission as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the commission to a person who has received, for the first time, a notice of violation of paragraph 13, 14, or 15 of subdivision a of section 19-581 or subdivision d or e of section 19-582 or any rule or regulation promulgated thereunder, or any rule or regulation promulgated pursuant to subdivision b of section 19-592. The commission shall permit such proof to be submitted electronically or in person. A person may seek review, in the commission's administrative tribunal, of the determination that the person has not submitted proof of a cure within 15 days of receiving written notification of such determination. The pedicab business that authorizes the operation of such pedicab shall be jointly and severally liable with the pedicab driver thereof, for the penalties imposed by this section.
c. A violation of section 19-577 or 19-584 or paragraph 6 of subdivision b of section 19-586 or any rules promulgated thereunder shall constitute a violation punishable by a fine of not more than $500 or imprisonment of up to 15 days, or by both such fine and imprisonment.
d. Any police or peace officer or authorized officer or employee of the commission, upon service on the pedicab business or pedicab driver of a notice of violation for the failure of the pedicab business to obtain the required inspection of a pedicab or have a valid registration plate affixed to the pedicab pursuant to section 19-582 or for the failure of a pedicab driver to be licensed pursuant to section 19-584, may seize such pedicab. Any pedicab seized pursuant to this subdivision shall be delivered into the custody of the commission or other appropriate agency. The commission shall hold a hearing to adjudicate the violation of subdivision a of section 19-582 or section 19-584 within 2 business days after the date of the seizure and shall render a determination within 2 business days after the conclusion of the hearing.
e. A pedicab business shall be eligible to obtain release of a pedicab seized pursuant to subdivision d of this section before the hearing provided for in such subdivision, if such business has not been found liable for a violation of subdivision a of section 19-582 or section 19-584 within a 5-year period before the violation resulting in seizure. The pedicab shall be released to such business upon the posting of an all cash bond in a form satisfactory to the commission in an amount sufficient to cover the maximum civil penalties which may be imposed for a violation of subdivision a of section 19-582 or section 19-584 and all reasonable costs for removal and storage of such vehicle.
f. Where the commission, after adjudication of the violation of subdivision a of section 19-582 or section 19-584, finds that the pedicab business has not violated such subdivision or such section, the commission shall promptly release such pedicab upon written demand of the pedicab business.
g. Where the commission, after adjudication of a violation of subdivision a of section 19-582 or section 19-584, finds a violation of such subdivision or such section, then (i) if the pedicab is not subject to forfeiture pursuant to paragraph 1 of subdivision i of this section, the commission shall release such pedicab to the pedicab business upon payment of all applicable civil penalties and all reasonable costs of removal and storage; or (ii) if the pedicab is subject to forfeiture pursuant to paragraph 1 of subdivision i of this section, the commission may release such pedicab to the pedicab business upon payment of all civil penalties and all reasonable costs of removal and storage, or may commence a forfeiture action within 10 days after the written demand by such business for such pedicab.
h. The commission shall establish by rule the time within which pedicabs that are not redeemed may be deemed abandoned and the procedures for disposal.
i. 1. In addition to any other penalty or sanction provided for in section 19-588 or in this section, a pedicab seized pursuant to subdivision d of this section, and all rights, title, and interest therein, shall be subject to forfeiture to the city upon notice and judicial determination thereof if the pedicab business that owns such pedicab has been found liable at least 2 times within a 5-year period for failing to have such pedicab inspected as required by subdivision a of section 19-582 or for permitting operation by an unlicensed pedicab driver in violation of section 19-584.
2. A forfeiture action pursuant to this subdivision shall be commenced by the filing of a summons with a notice or a summons and complaint in accordance with the civil practice law and rules. Such summons with notice or a summons and complaint shall be served in accordance with the civil practice law and rules on the pedicab business that owns such pedicab, and on any person listed on an application or other record of the commission as an owner of such pedicab. A pedicab that is the subject of such action shall remain in the custody of the commission or other appropriate agency pending the final determination of the forfeiture action.
3. Any person who receives notice of the institution of a forfeiture action who claims an interest in the pedicab subject to forfeiture may assert a claim in such action for the recovery of the pedicab or satisfaction of such owner’s interest in such pedicab.
4. Forfeiture pursuant to this subdivision shall be made subject to the interest of a person who claims an interest in such pedicab pursuant to paragraph 3 of this subdivision, where such person establishes that: (i) such pedicab was operated without having been inspected as required by subdivision a of section 19-582 or operated in violation of section 19-584 without the knowledge of such person, or if such person had knowledge of such operation, that such person did not consent to such operation by doing all that could reasonably have been done to prevent such operation, or (ii) that the operation of such pedicab without having been inspected as required by subdivision a of section 19-582 or operated in violation of section 19-584 was conducted by any person other than such person claiming an interest in the pedicab, while such pedicab was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States or any state.
5. The department, commission, or agency having custody of the pedicab, after judicial determination of forfeiture, shall, by public notice of at least 5 days, sell such forfeited pedicab at public sale. The net proceeds of any such sale shall be paid into the general fund of the city.
6. In any forfeiture action commenced pursuant to this subdivision, where the court awards a sum of money to 1 or more persons in satisfaction of such person’s interest in the forfeited pedicab, the total amount awarded to satisfy such interest or interests shall not exceed the amount of the net proceeds of the sale of the forfeited vehicle after deduction of the lawful expenses incurred by the city, including reasonable costs of removal and storage of the pedicab between the time of the seizure and the date of sale.
j. The penalties provided by subdivisions a, b, c, d, and i of this section shall be in addition to any other penalty imposed by any other provision of law or rule promulgated thereunder.
§ 19-591 Enforcement. Authorized officers and employees of the commission, the police department, and any agency designated by the commission, and any police or peace officer shall have the power to enforce any provision of this chapter or any rule or regulation promulgated pursuant to this chapter.
§ 19-592 Rules. a. The commission may promulgate rules and prescribe forms necessary to carry out the provisions of this chapter. The commissioner of transportation and the commissioner of parks and recreation may also promulgate rules necessary to carry out the provisions of this chapter.
b. The commission may authorize pedicabs to display advertising to the extent permitted by rules promulgated pursuant to this section.
§ 6. Subchapter 9 of chapter 2 of title 20 of the administrative code of the city New York is REPEALED.
§ 7. Subdivision b of section 20-452 of the administrative code of the city of New York, as amended by local law number 19 for the year 2007, is amended to read as follows:
b. “General vendor.” A person who hawks, peddles, sells, leases or offers to sell or lease, at retail, goods or services, including newspapers, periodicals, books, pamphlets or other similar written matter in a public space. This definition shall not include a food vendor as defined in subdivision c of section 17-306 of chapter three of title seventeen of this code, or a person required to be licensed under section 20-229 of subchapter seven of chapter two of this title of this code. This definition also shall not include persons who use stands or booths in a public space for the shining of shoes. This definition shall not include a pedicab driver licensed in accordance with [subchapter nine of this chapter] chapter 5-a of title 19 of this code, who is operating a pedicab registered pursuant to [subchapter nine] such chapter and shall not include a pedicab owner licensed pursuant to such [subchapter] chapter.
§ 8. Any agency or officer to which are assigned by or pursuant to this local law any functions, powers and duties shall exercise such functions, powers and duties in continuation of their exercise by the agency or officer by which the same were heretofore exercised and shall have power to continue any business, proceeding or other matter commenced by the agency or officer by which such functions, powers and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to the subject matter of such functions, powers or duties, and applicable to the agency or officer formerly exercising the same shall, so far as not inconsistent with the provisions of this local law, apply to the agency or officer to which such functions, powers and duties are assigned by or pursuant to this local law.
§ 9. Any rule or regulation in force on the effective date of this local law, and promulgated by an agency or officer whose power to promulgate such type of rule or regulation is assigned by or pursuant to this local law to some other agency or officer, shall continue in force as the rule or regulation of the agency or officer to whom such power is assigned, except as such other agency or officer may hereafter duly amend, supersede or repeal such rule or regulation.
§ 10. If any of the functions, powers or duties of any agency or part thereof is by or pursuant to this local law assigned to another agency, all records, property and equipment relating to such transferred function, power or duty shall be transferred and delivered to the agency to which such function, power or duty is so assigned.
§ 11. No existing right or remedy of any character accruing to the city shall be lost or impaired or affected by reason of the adoption of this local law.
§ 12. No action or proceeding, civil or criminal, pending at the time when this local law shall take effect, brought by or against the city or any agency or officer, shall be affected or abated by the adoption of this local law or by anything herein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any agency or officer party thereto may by or pursuant to this local law be assigned or transferred to another agency or officer, but in that event the same may be prosecuted or defended by the head of the agency or the officer to which such functions, powers and duties have been assigned or transferred by or pursuant to this local law.
§ 13. Whenever by or pursuant to any provision of this local law, functions, powers or duties are assigned to any agency or officer which have been heretofore exercised by any other agency or officer, officers and employees in the classified city civil service who are engaged in the performance of such functions, powers or duties may be transferred to the agency to which such functions, powers or duties are assigned by or pursuant to this local law.
§ 14. Any license, permit or other authorization in force on the effective date of this local law, and issued by an agency, where the power of such agency to issue such license, permit or authorization is assigned by or pursuant to this local law to another agency or officer, shall continue in force as the license, permit or authorization of such other agency, or officer, except as such license, permit or authorization may expire or be altered, suspended or revoked by the appropriate agency or officer pursuant to law. Such license, permit or authorization shall be renewable in accordance with the applicable law by the agency or officer with such power pursuant to law, including this local law.
§ 15. The commission shall study the insurance products available to pedicab businesses and drivers. As part of such study, the commission shall consult with pedicab drivers, pedicab businesses, the department of consumer and worker protection, entities that currently offer insurance products to the pedicab industry, and any other relevant stakeholders to evaluate methods to lower pedicab insurance premiums and assess the potential availability of additional insurance providers. No later than 6 months after the effective date of this local law, the commission shall submit to the mayor and speaker of the council, and post on the commission’s website, a report on the findings of such study.
§ 16. This local law takes effect 180 days after it becomes law.
MLL
LS #21966
8/6/2026 12:47 PM