Section 20-248
§ 20-248 Legislative findings. It is the purpose of this subchapter 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 subchapter 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 subchapter 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.
Section 20-249
§ 20-249 Definitions. Whenever used in this subchapter:
a. "Family member" shall mean a member of the immediate family,
including, but not limited to, a spouse, domestic partner, sibling,
child, grandchild, parent or grandparent.
b. "Owned" or "owns" shall mean possession with good legal title, or
possession under a lease, reserve title contract, conditional sales
agreement or vendor's agreement or similar agreement.
c. "Pedicab" shall mean 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.
d. "Pedicab owner" or "owner" shall mean any person who owns one or
more pedicabs in the city of New York.
e. "Pedicab business" or "business" shall mean a pedicab owner who
operates or authorizes the operation of one or more pedicabs in the city
of New York.
f. "Pedicab business license" shall mean a license issued by the
commissioner pursuant to section 20-250.
g. "Pedicab driver" shall mean any natural person who propels and
operates a pedicab in the city of New York.
h. "Pedicab driver license" shall mean a license issued by the
commissioner to a pedicab driver to operate a pedicab.
i. "Person" shall mean any natural person, firm, partnership, joint
venture, corporation or association.
j. "Registration plate" shall mean a unique identification tag issued
by the commissioner pursuant to section 20-255.
Section 20-250
§ 20-250 Pedicab business license. a. It shall be unlawful for a
pedicab owner to conduct a pedicab business unless such pedicab owner
shall have first obtained from the commissioner a pedicab business
license.
b. In order to obtain, amend or renew a pedicab business license, a
pedicab owner must provide the commissioner 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
20-255. 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 20-253 of this subchapter for each pedicab
listed pursuant to paragraph one of this subdivision; and
3. Such other information as the commissioner may require to establish
the pedicab owner's eligibility for a pedicab business license under
this subchapter.
c. A pedicab business license shall be valid for a term of one year,
except that business licenses issued prior to November 1, 2010 shall
expire on November 1, 2010. There shall be an annual fee of one hundred
and ten dollars for such license that shall include the fee for
registration, required by section 20-255, of one pedicab. The
registration fee for each additional pedicab shall be sixty dollars. The
annual fee may be pro-rated by the commissioner 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 subchapter.
e. The commissioner shall have the authority to deny or revoke a
pedicab business license if a pedicab owner fails to obtain the
registration plates required pursuant to section 20-255 for the
pedicab(s) identified on the list submitted by such owner pursuant to
paragraph 1 of subdivision b of this section.
Section 20-251
§ 20-251 Applications for, and issuance of, registration plates. a.
The commissioner shall accept application for registration plates,
pursuant to section 20-255, provided that the total number of
registration plates shall not exceed eight hundred and fifty. The
commissioner shall conduct an annual review of pedicab registrations,
and if the number of registration plates issued falls below eight
hundred and forty, the Commissioner shall issue additional registration
plates in such manner as is consistent with the provisions of this
subchapter as he or she by rule shall prescribe.
b. The department has the authority to inspect pedicabs to determine
whether the pedicabs are equipped with the features set forth in
subdivision a of section 20-254 and comply with the requirement set
forth in subdivision b of section 20-254.
c. The commissioner shall issue registration plates only to a pedicab
owner who has submitted the materials required by subdivision b of
section 20-250 to obtain, amend or renew a pedicab business license or
to a pedicab owner who has already obtained a pedicab business license.
d. The commissioner shall not issue registration plates to more than
thirty pedicabs for any pedicab business. No pedicab business or pedicab
owner shall hold more than thirty registration plates at any one time. A
pedicab business shall be deemed to have more than thirty pedicab
registration plates if:
(1) an owner of such pedicab business has a direct or indirect
beneficial interest in one or more other pedicab businesses and the
businesses together have more than thirty pedicab registration plates;
(2) a family member of the owner of such business has a direct or
indirect beneficial interest in one or more other pedicab businesses and
the businesses together have more than thirty 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 one or
more other pedicab businesses and the businesses together have more than
thirty 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 one or more other pedicab businesses and the
businesses together have more than thirty registration plates.
e. The commissioner 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 20-250 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.
Section 20-252
§ 20-252 Issuance of pedicab business license. a. A pedicab business
license shall be issued only to a person who meets all the requirements
of this subchapter and any rules promulgated by the commissioner to
effectuate the purposes of this subchapter.
b. A pedicab business license shall be valid only for the person in
whose name it is issued.
c. The commissioner may refuse to issue to a pedicab owner a pedicab
business license or to renew a pedicab business license to a pedicab
owner based upon 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 20-261 of this
subchapter.
d. A pedicab business license cannot be transferred or sold. The
commissioner 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.
Section 20-253
§ 20-253 Insurance. a. It shall be unlawful for any pedicab business
to operate or authorize the operation of a pedicab within 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 two
million dollars, or such higher amount as the commissioner may determine
pursuant to rule, with a maximum of one million dollars 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, unless
the commissioner establishes higher amounts pursuant to rule, 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:
(i) for personal injury or death to one person, one hundred thousand
dollars;
(ii) for personal injury or death to all persons in one accident,
three hundred thousand dollars, with a maximum of one hundred thousand
dollars for each person; and
(iii) for property damage, fifty thousand dollars.
c. Such policy of liability insurance shall name the city of New York
as an insured party.
d. The pedicab business shall notify the commissioner of any
modification, amendment, cancellation or substitution of any insurance
policy required under subdivision b of this section within fourteen days
of the date of the notice to the pedicab business of such modification,
amendment, cancellation or substitution.
e. If the policy of insurance required by this section lapses for any
reason, the license issued pursuant to section 20-250 shall become void
for such pedicab business.
Section 20-254
§ 20-254 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 three 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 of the pedicab;
12. a timer, of a type approved by the commissioner, 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
department;
14. a sign conspicuously posted on both sides of the exterior of the
pedicab indicating in letters and numbers at least two 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 two inches high the dollar
amount to be charged per minute per ride.
b. The maximum width of a pedicab shall be fifty-five inches and the
maximum length of a pedicab shall be ten feet.
c. It shall be 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.
Section 20-255
§ 20-255 Inspection; registration plate.
a. It shall be 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 department;
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. The registration shall be valid for a period no longer than one
year and the expiration date of such registration plate shall be a date
specified by the commissioner by rule, except that the registrations
issued prior to November 1, 2010 shall expire on November 1, 2010.
c. If the commissioner determines after such inspection that a pedicab
is equipped with the features set forth in subdivision a of section
20-254, and complies with the requirement set forth in subdivision b of
section 20-254, upon payment of the registration fee provided by section
20-250 of this subchapter, the department shall issue a registration
plate to the pedicab business that authorized the operation of such
pedicab.
d. Such registration plate shall be securely affixed by the department
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 commissioner shall prescribe.
f. A pedicab business shall pay an additional fifty-five dollars as
the re-inspection fee for any pedicab that fails to appear at an
inspection scheduled by the department or that is determined upon
inspection not to meet the requirements of this section and such
business re-applies for a registration plate. The commissioner shall
also have the authority to determine the circumstances under which
reinspections of pedicabs shall be permitted.
g. It shall be unlawful for a person to whom a registration plate has
been issued 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
subchapter;
2. such transfer will not result in a violation of subdivision d of
section 20-251; and
3. the commissioner approves such transfer.
Section 20-256
§ 20-256 Records. Every pedicab business shall maintain such records
related to the ownership and operation of its pedicabs as the
commissioner may prescribe by rule. Such records shall be made available
for inspection by the commissioner at his or her request at either the
offices of the pedicab business or at the offices of the department.
Section 20-257
§ 20-257 Pedicab driver license. a. It shall be unlawful for a pedicab
driver to operate a pedicab unless the pedicab driver shall have first
obtained a pedicab driver license from the commissioner.
b. It shall be 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 commissioner for such pedicab
driver license. Such application shall be made upon such form as
prescribed by the commissioner and shall contain such information as the
commissioner may require to establish the applicant's eligibility for a
pedicab driver license under this subchapter.
d. To be eligible for or to maintain a pedicab driver license, an
applicant or licensee shall:
1. be at least eighteen years of age;
2. possess a currently valid motor vehicle driver's license that is in
full force and effect;
3. not have his or her motor vehicle driver's license suspended or
revoked; and
4. meet such fitness requirements as the commissioner may determine by
rule.
e. A pedicab driver license shall be valid for a term of one year.
There shall be a fee of thirty-five dollars for such license. The
commissioner shall establish the expiration date for such license by
rule.
f. The commissioner may refuse to issue a pedicab driver license or to
renew such a license based upon a determination that such pedicab driver
has engaged in conduct which would constitute a basis for the suspension
or revocation of a pedicab driver license as set forth in subdivision c
of section 20-261 of this subchapter.
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 afford the pedicab business the opportunity
to participate in any hearing held on such violation.
Section 20-258
§ 20-258 Display of pedicab driver's identification. a. The
commissioner 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.
Section 20-259
§ 20-259 Restrictions on the operation of pedicabs. a. A pedicab
driver shall be 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 three 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 within any pedestrian plaza. For purposes of this section
"pedestrian plaza" shall mean an area designated by the New York city
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 him or herself.
5. operate a pedicab that is designed or constructed to permit
propulsion by more than one individual at any one 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 which 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 the pedicab driver's 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 can be operated within 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 department, upon such form
prescribed by the commissioner, a written report of every accident
relating to a pedicab by such pedicab business within twenty-four 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 city agency directs a pedicab
driver to move his or her pedicab from any street, avenue or other
location, such pedicab driver shall not operate his or her pedicab at
such street, avenue or location for the duration of such exigent
circumstances.
1. For the purposes of this subdivision, exigent circumstances shall
include, but not be limited to, unusually heavy pedestrian or vehicular
traffic, existence of any obstructions in the public space, an accident,
fire or other emergency, 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 commissioners of the departments of consumer
affairs and transportation, shall be authorized, upon notice, to
restrict or prohibit any pedicab driver from operating his or her
pedicab on any street, avenue or other location for a specified period
of time. Such specified period of time shall not exceed fourteen days
except, during the period that commences November 12 and concludes
January 7 of the following year, in and around the area of Manhattan
bound 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, the fourteen day time limit shall not be in effect.
1. For the purposes of this subdivision, exceptional circumstances
shall include, but not be limited to, unusually heavy pedestrian or
vehicular traffic, existence of any obstructions in the public space, a
parade, demonstration or other such event or occurrence at or near such
location.
g. Every affected community board may, at any time subsequent to
enactment of this local law, conduct public hearings hereon and submit
written recommendations to the department of consumer affairs, the
department of transportation, the police department and the council.
Such recommendations may include, but not be limited to, methods to
address any impact this law 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 of 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 five
business days of such drivers' receipt of such documents. It shall be
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 five 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 five days of receipt of such disposition. It
shall be unlawful for a pedicab driver to fail to provide any of these
documents to the pedicab business.
Section 20-260.
§ 20-260. Rates of pedicabs. a. 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 20-254 of this subchapter. 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 shall be 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 20-254 of this subchapter at all times.
b. It shall be 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 20-254 of this
subchapter.
c. Pedicab Information Card. 1. The department shall create a pedicab
information card in a size and style to be determined by the
commissioner 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 shall be 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
commissioner. Each such document shall include an area where each
pedicab driver shall insert: (i) his or her name and pedicab driver's
license number, which shall be clearly identified as a New York city
department of consumer affairs license number; (ii) the pedicab business
name, address, telephone number and pedicab business license number,
which shall be clearly identified as a New York city department of
consumer affairs license number; (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 20-254 of
this subchapter; (iv) the date; (v) the total number of minutes and/or
fraction of a minute of the pedicab ride; and (vi) the total charge of
the pedicab ride.
2. Such pedicab information card shall be distributed to every pedicab
driver licensed pursuant to section 20-257 of this subchapter by the
department in a manner to be determined by the commissioner.
3. Before a passenger enters a pedicab, the driver shall provide such
passenger with the information card required by paragraph one of this
subdivision with the following information inserted by the driver: (i)
the driver's name and pedicab driver's license number; (ii) the pedicab
business name, address, telephone number and pedicab business 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 20-254 of this
subchapter. At the conclusion of the pedicab ride, the driver shall
enter the following information on the information card: (i) the date;
(ii) the total number of minutes and/or 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.
Section 20-261
§ 20-261 Denial of license or renewal, suspension and revocation.
a. In addition to any of the powers that may be exercised by the
commissioner pursuant to this subchapter or chapter one of this title,
the commissioner, 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 20-255 of this subchapter; or
4. violation by a pedicab business of any of the provisions of chapter
one of this title, provisions of this subchapter, rules promulgated
pursuant to this subchapter, 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 subdivision a, if the commissioner
determines that continued possession by a pedicab owner of a pedicab
business license would pose an exigent danger to the public, the
commissioner 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
commissioner pursuant to this subchapter or chapter one of this title,
the commissioner, 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
20-255 of this subchapter; or
3. the violation by a pedicab driver of any of the provisions of
chapter one of this title, provisions of this subchapter, rules
promulgated pursuant to this subchapter, 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 subdivision c of this section, if
the commissioner determines that continued possession by a pedicab
driver of a pedicab driver license would pose an exigent danger to the
public, the commissioner may suspend such pedicab driver license,
subject to a prompt post-suspension hearing.
e. 1. Any pedicab driver who has been found to have committed:
(i) one violation of paragraph 7 of subdivision b of section 20-259
within any twelve-month period shall have his or her pedicab drivers
license suspended by the commissioner for a period of not less than
three months.
(ii) two violations of paragraph 7 of subdivision b of section 20-259
within any twelve-month period shall have his or her pedicab drivers
license revoked by the commissioner.
(iii) one violation of paragraph 6 of subdivision b of section 20-259
within any twelve-month period shall have his or her license revoked by
the commissioner.
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 20-255 at least one time within any twelve month period shall
have its business license suspended by the commissioner for a period of
not less than one month. Any pedicab business that has been found to
have been in violation of section 20-255 at least three times within any
twelve month period shall have its business license suspended by the
commissioner for a period of not less than one 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 its, his or
her license revoked, in accordance with this section may not apply for a
new license for three years from the date of revocation.
h. In addition to any of the powers that may be exercised by the
commissioner pursuant to this subchapter, the commissioner, 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 and/or type of violation or violations issued to drivers of
pedicabs owned by such business indicate that the operation of such
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 20-254 three times or more
within any twelve month period shall have its registration suspended by
the commissioner for a period of not less than one year and such pedicab
shall not be operated during such period.
Section 20-262
§ 20-262 Failure to display pedicab registration or pedicab driver's
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 20-255 of this
subchapter shall be presumptive evidence that such pedicab has not been
inspected and is not duly registered as required by this subchapter.
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 subchapter to display or to exhibit on demand
such pedicab driver's license in accordance with the provisions of this
subchapter to any officer or employee authorized to enforce the
provisions of this subchapter, shall be presumptive evidence that such
pedicab driver is not duly licensed.
Section 20-263
§ 20-263 Penalties. a. It is a traffic infraction to violate any
provision of this subchapter and such traffic infractions shall be
punishable in accordance with section eighteen hundred of the New York
state vehicle and traffic law.
b. Any person who violates any provision of this subchapter or any
rules promulgated pursuant to this subchapter shall be subject to a
civil penalty that shall not be: (1) less than two hundred nor more than
five hundred dollars for the first violation and for each additional
violation committed on the same day; (2) less than five hundred nor more
than one thousand dollars for the second violation committed, and each
additional violation committed on the same day, within a one year
period; (3) less than one thousand nor more than four thousand dollars
for the third violation committed, and each additional violation
committed on the same day, within a one year period. 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 20-250 or 20-257 or paragraph 6 of
subdivision b of section 20-259 of this subchapter or any rules
promulgated thereunder shall constitute a violation punishable by a fine
of not more than five hundred dollars or imprisonment of up to fifteen
days, or by both such fine and imprisonment.
d. Any police or peace officer or authorized officer or employee of
the department, 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 20-255 or for the
failure of a pedicab driver to be licensed pursuant to section 20-257,
may seize such pedicab. Any pedicab seized pursuant to this subdivision
shall be delivered into the custody of the department or other
appropriate agency. The commissioner shall hold a hearing to adjudicate
the violation of subdivision a of section 20-255 or section 20-257
within two business days after the date of the seizure and shall render
his or her determination within two 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 prior to the hearing
provided for in such subdivision, if such business has not been found
liable for a violation of subdivision a of section 20-255 or section
20-257 within a five-year period prior to 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 commissioner in an
amount sufficient to cover the maximum civil penalties which may be
imposed for a violation of subdivision a of section 20-255 or section
20-257 and all reasonable costs for removal and storage of such vehicle.
f. Where the commissioner, after adjudication of the violation of
subdivision a of section 20-255 or section 20-257, finds that the
pedicab business has not violated such subdivision, the department shall
promptly release such pedicab upon written demand of the pedicab
business.
g. Where the commissioner, after adjudication of the violation of
subdivision a of section 20-255 or section 20-257, finds a violation of
such subdivision or such section, then (i) if the pedicab is not subject
to forfeiture pursuant to paragraph one of subdivision i of this
section, the department 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 one of subdivision i of this
section, the department 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 ten days after
the written demand by such business for such pedicab.
h. The department 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 20-261 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 two times within a five-year
period for failing to have such pedicab inspected as required by
subdivision a of section 20-255 or for permitting operation by an
unlicensed pedicab driver in violation of section 20-257.
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 department as an owner of such pedicab. A pedicab which is the
subject of such action shall remain in the custody of the department 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 subdivision three of this subdivision, where such person establishes
that: (i) such pedicab was operated without having been inspected as
required by subdivision a of section 20-255 or operated in violation of
section 20-257 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
20-255 or operated in violation of section 20-257 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 or agency having custody of the pedicab, after
judicial determination of forfeiture, shall, by public notice of at
least five 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 one 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.
Section 20-264
* § 20-264 Enforcement. Authorized officers and employees of the
department, the police department and any department designated by the
commissioner, and any police or peace officer shall have the power to
enforce any provision of this subchapter or any rule or regulation
promulgated pursuant to this subchapter.
* NB There are 2 § 20-264's
Section 20-265
* § 20-265 Rules. a. The commissioner may make and promulgate such
rules and prescribe such forms as are necessary to carry out the
provisions of this subchapter. The commissioners of the department of
transportation and the department of parks and recreation may also make
and promulgate such rules as are necessary to carry out the provisions
of this subchapter.
b. The commissioner may authorize pedicabs to display advertising to
the extent permitted by rules promulgated pursuant to this section.
* NB There are 2 § 20-265's
Section 20-266
* § 20-266 Reporting. Eighteen months after the local law that added
this section, the commissioner, in consultation with the commissioners
of the departments of transportation and the police department, shall
submit a report to the mayor and the speaker of the council regarding
the effectiveness of these regulations at ensuring the safety of pedicab
consumers and minimizing the effects of pedicabs on traffic and
congestion. Such report shall include, among other things, the number of
pedicab business licenses issued, the number of pedicabs that have
registered, the number of pedicab driver licenses issued, the number of
pedicab business and pedicab driver applications received by the
department, the number of pedicab business and pedicab driver applicants
on a waiting list, if any, and the number of traffic accidents involving
pedicabs.
* NB There are 2 § 20-266's
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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