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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (ECB) held a Public Hearing on August 16, 2013 regarding amendments to ECB’s New York City Department of Transportation (DOT)’s penalty schedule, found in Section 3124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). A representative from the Department of Transportation attended the Public Hearing. Neither written comments nor oral testimony were presented at the August 16, 2013 Public Hearing concerning the Proposed Rule.

 

The Final Rule updates the section of law references associated with five DOT violations, and the descriptions of two DOT violations. These amendments will promote consistency and provide clarity by conforming violation sections and descriptions with the language in the applicable laws. They will also more accurately reflect the condition observed by an inspector issuing a violation, thus helping the respondent and the Administrative Law Judge by giving a description of the existing violation which mirrors the applicable law.

 

Failure to properly equip commercial bicycles

For failures to properly equip commercial bicycles, the current penalty schedule refers only to Administrative Code Section 10157(f). This reference does not capture all the requirements for equipping commercial bicycles and bicycle operators found in the Administrative Code at Section 10157.

 

The rule has amended the section of law references associated with the first and subsequent offenses for “Failure to properly equip bicycle used on behalf of a business using a bicycle for commercial purposes,” from Section 10157(f) to Section 10157. The change will allow the issuing officer to enforce all applicable provisions of the section related to bicycles used for commercial purposes.

 

Failure to replace distinctive sidewalk in kind

The rule has amended the reference to the section of law for “Failure to replace distinctive sidewalk in kind” from Section 209(f)(4)(xvi)(A) to Section 209(f)(4)(xvi)(C) of the RCNY. The reference to Section 209(f)(4)(xvi)(C) of the RCNY better describes DOT’s prescribed method for repairing a distinctive sidewalk. This section states that the distinctive sidewalk must be repaired in kind or replaced in its entirety with concrete.

 

 

Failure to obtain a confirmation number prior to expiration of a street opening permit (protected street)

The penalty schedule currently describes Section 211(f)(4)(i) of the RCNY as “No notice to DOT before start phase of work on protected street.” DOT amended Section 211(f) to clarify that a permittee who has obtained a street opening permit on a protected street must also obtain a confirmation number. The DOT amendment also provides guidance for obtaining the confirmation number.

 

The current description is outdated and could lead a permittee to erroneously believe that a confirmation number, which provides notice to DOT, is only required when work is performed on a protected street. The rule has updated the reference to Section 211(f)(2)(ii) of Chapter 34 of the RCNY and the description to “Failure to obtain a confirmation number prior to expiration of street opening permit (protected street).”

 

Failure to conform with the latest Standard Details 1042A, 1042B, or 1042C (concrete roadways)

The rule has amended the description “Failure to conform with the latest version of DOT Standard Details 1042A, 1042B, or 1042C” to add “(concrete roadways),” and has amended the section of law reference from Section 211(e)(13) to Section 211(e)(13)(vi) of the RCNY. These changes clarify that the violation applies to concrete roadways, and indicate the exact subparagraph that will be charged when a violation is issued.

 

 

Effective Date: 
Tue, 11/12/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (ECB) held a Public Hearing on February 20, 2013 regarding amendments to its Department of Transportation Penalty Schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). Two (2) members of the public and a representative from the Department of Transportation (DOT) attended the Public Hearing. Neither written comments nor oral testimony were presented at the February 20, 2013 Public Hearing concerning the Proposed Rule.

 

On October 25, 2012, the Mayor signed into law amendments to Sections 10-157 and 10-157.1 of the Administrative Code of the City of New York. These amendments granted the Environmental Control Board specific authorization to hear and decide notices of violation issued to businesses that violate commercial bicycling provisions.

 

Administrative Code Sections 10-157 and 10-157.1 outline the responsibilities of businesses and bicycle operators who use bicycles for commercial purposes. As amended, both Administrative Code sections 10-157 and 10-157.1 broaden the enforcement jurisdiction of these sections to specifically allow the New York City Department of Transportation (DOT), as well as the New York City Police Department, to issue such violations. To enforce these new laws, the Environmental Control Board has added first and subsequent offense charges for four new violations to ECB’s DOT Penalty schedule found in Section 3- 124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY).

 

Failure to provide appropriate equipment to a bicycle operator delivering on behalf of a business using a bicycle for commercial purposes

The law requires businesses owners who use commercial delivery bicycle operators to provide suitable equipment to these operators. This equipment includes protective headgear, retro-reflective outermost upper apparel, and ID cards.

 

The protective headgear (e.g., helmet) must meet federal consumer product safety standards and be readily available on-site. The retro-reflective apparel (e.g., reflective vest) must indicate the business’ name and the bicycle operator’s three-digit identification number in letters/numerals not less than one inch in height, so that it is readable at a distance of at least 10 feet. The ID card must contain the operator’s name; three-digit identification number; a photo of the operator; and the business’ name, address and telephone number.

 

Failure of a business using a bicycle for commercial purposes to produce or maintain a rosterThe roster must indicate the name and place of residence of each bicyclist operating a bicycle on behalf of such business. In addition, the roster must include the date of employment and discharge (if applicable) of such bicyclist, the bicyclist’s three-digit identification number and whether or not the employee has completed a required bicycle safety course.

 

The law also requires the roster to be available for inspection during regular and usual business hours (or any other time that such business is open for business) upon request by any person authorized by law to enforce this section of law.

 

Failure to properly equip a bicycle used on behalf of a business using a bicycle for commercial purposes

The new law requires each bicycle to be properly equipped with a lamp; a bell or other device capable of giving an audible signal from a distance of at least 100 feet (not a siren or whistle); brakes; and reflective tires or a reflex reflector mounted on the spokes of each wheel. These requirements conform with section 1236 of the New York State Vehicle and Traffic Law and enhance the visibility of commercial delivery cyclists for motorists and pedestrians.

 

Failure to post Commercial Bicyclist Safety Poster containing required information

Section 10-157.1 of the Administrative Code requires that a safety poster be present in all businesses that use a bicycle for commercial purposes. The poster must summarize the responsibilities of bicycle operators and businesses indicated in Administrative Code Section 10-157. The poster must also summarize various other provisions of law and rules deemed most important by DOT, as listed in Section 10-157.1 of the Administrative Code, for the safe operation of bicycles in New York City. The poster must be in English, Spanish and any other language spoken predominately by any bicycle operator utilized by the business. The poster must be posted so that it is clearly visible to bicycle operators and business patrons present at the business site.

 

Penalties

Penalties are set out in section 10-157(g) of the New York City Administrative Code. That section provides for a civil penalty of $100 for a first offense. A business is subject to a subsequent offense penalty of $250 if it violates the same provision of law more than thirty days after such business has already violated that provision of law.

 

 

Effective Date: 
Sun, 04/14/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, February 20, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

 

On October 25, 2012, the Mayor signed into law amendments to Sections 10-157 and 10-157.1 of the Administrative Code of the City of New York. These amendments granted the Environmental Control Board specific authorization to hear and decide notices of violation issued to businesses that violate commercial bicycling provisions.

 

Administrative Code Sections 10-157 and 10-157.1 outline the responsibilities of businesses and bicycle operators who use bicycles for commercial purposes. As amended, both Administrative Code sections 10-157 and 10-157.1 broaden the enforcement jurisdiction of these sections to specifically allow the New York City Department of Transportation (DOT), as well as the New York City Police Department, to issue such violations. To enforce these new laws, the Environmental Control Board is proposing to add first and subsequent offense charges for four new violations to ECB’s DOT Penalty schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY).

 

Failure to provide appropriate equipment to a bicycle operator delivering on behalf of a business using a bicycle for commercial purposes

 

The law requires businesses owners who use commercial delivery bicycle operators to provide suitable equipment to these operators. This equipment includes protective headgear, retro-reflective outermost upper apparel, and ID cards.

 

The protective headgear (e.g. helmet) must meet federal consumer product safety standards and be readily available on-site. The retro-reflective apparel (e.g. reflective vest) must indicate the business’ name and the bicycle operator’s three- digit identification number in letters/numerals not less than one inch in height so that it is readable at a distance of at least 10 feet. The ID card must contain the operator’s name, three-digit identification number, a photo of the operator and the business’ name, address and telephone number.

 

Failure of a business using a bicycle for commercial purposes to produce or maintain a roster

 

The roster must indicate the name and place of residence of each bicyclist operating a bicycle on behalf of such business. In addition, the roster must include the date of employment and discharge (if applicable) of such bicyclist, the bicyclist’s three-digit identification number and whether or not the employee has completed a required bicycle safety course.

 

The law also requires the roster to be available for inspection during regular and usual business hours (or any other time that such business is open for business) upon request by any person authorized by law to enforce this section of law.

 

Failure to properly equip a bicycle used on behalf of a business using a bicycle for commercial purposes

 

The new law requires each bicycle to be properly equipped with a lamp, a bell or other device capable of giving an audible signal from a distance of at least 100 feet (not a siren or whistle), brakes and reflective tires or a reflex reflector mounted on the spokes of each wheel. These requirements conform with section 1236 of the New York State Vehicle and Traffic Law and enhance the visibility of commercial delivery cyclists for motorists and pedestrians.

 

Failure to post Commercial Bicyclist Safety Poster containing required information

 

Section 10-157.1 of the Administrative Code requires that a safety poster be present in all businesses that use a bicycle for commercial purposes. The poster must summarize the responsibilities of bicycle operators and businesses indicated in Administrative Code Section 10-157. The poster must also summarize various other provisions of law and rules deemed most important by DOT, as listed in Section 10-157.1 of the Administrative Code, for the safe operation of bicycles in New York City. The poster must be in English, Spanish and any other language spoken predominately by any bicycle operator utilized by the business. The poster must be posted so that it is clearly visible to bicycle operators and business patrons present at the business site.

 

Penalties

 

Penalties are set out in section 10-157(g) of the New York City Administrative Code. That section provides for a civil penalty of $100 for a first offense. A business is subject to a subsequent offense penalty of $250 if it violates the same provision of law more than thirty days after such business has already violated that provision of law.

 

 

Subject: 

Opportunity to comment on proposed rule regarding amendments to the Department of Transportation (DOT) Penalty Schedule for offenses adjudicated by the Environmental Control Board (ECB).

Location: 
ECB
66 John Street, 10th Floor, Conference Room
New York, NY 10038
Contact: 

James Macron
Counsel to the Board
ECB
66 John Street
10th Floor
New York, N.Y. 10038
(212) 361-1515

Download Copy of Proposed Rule (.pdf):