DOT Notice of Adoption--Commercial Bicyclists

Adopted Rules: Closed to Comments

Effective Date: 
Saturday, August 25, 2018
Agency:
Download Copy of Adopted Rule (.pdf): 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to issue rules regarding parking and traffic operations in the City pursuant to Section 2903(a) of the New York City Charter. The rules that DOT amends are contained within Chapters 3 and 4 of Title 34 of the Rules of the City of New York, relating to its Traffic Rules.

Local Law 91 of 2017 amends sections 10-157 and 10-157.1 of the New York City Administrative Code (the “Admin. Code”) regarding bicycles used for commercial purposes. Based on these recent amendments, the following changes are made to the Traffic Rules.

Section 4-12(p)(4)(i) is amended by adding a new definition of “bicycle operator” and revising the definition of “business using a bicycle for commercial purposes”.

Section 4-12(p)(4)(ii) is amended by deleting the bicycle safety poster posting requirements in subparagraph (ii) and adding new registration requirements for a business using a bicycle for commercial purposes that does not have a site within the city that is open and available to the public.

Section 4-12(p)(4)(iii) – (vi) is amended by revising the requirements for the bicycle safety poster.

Section 3-01 is amended by adding a new penalty to the Penalty Schedule.

This rulemaking also includes plain language and other minor changes to Section 4-01 (“Words and phrases defined”) identified during the retrospective rules review conducted by the Mayor’s Office of Operations with the City’s rulemaking agencies, the Law Department, and the Office of Management and Budget.

Based on DOT’s final review of the aforementioned amendments, the new penalty set forth in Section 3-01 (for failure to register a business using a bicycle for commercial purposes with the Department) has been changed from $250 to $100 to be consistent with the penalty requirements of Section 10-157(g) of the Admin. Code.