APPENDIX A

CITY OF NEW YORK POLICE DEPARTMENT

NEW YORK CITY POLICE REGULATIONS

GOVERNING BICYCLES USED FOR COMMERCIAL PURPOSES

Preamble

Bicycles used for commercial purposes are regulated pursuant to Section436-15.0 of the Administrative Code of the City of New York. This sectionrequires that each person, firm, partnership, joint venture, associationor corporation which, in the course of its business, either on behalf ofitself or others, delivers packages, parcels, papers or articles of anytype by bicycle, shall provide identification of the business by requiringevery bicycle and bicycle operator to be identified. Every bicycle operatorshall be issued a numbered photo identification card containing a photographof the bicycle operator, and the name and address of both the bicycle operatorand the company. These photo identification cards must be carried whileriding a bicycle for the purpose of making deliveries and must be producedupon the demand of a police officer or other law enforcement officer. Asign shall be affixed to the rear of each bicycle, bicycle seat, or bothsides of a delivery basket if on the rear, which shall include the bicycleoperator's identification number and company name. The identification numberand the company name must be visible from the rear in the course of makingdeliveries. The owner of such business or any independent prime contractoris responsible for maintaining a log book or computer print-out which containsidentifying data for every bicycle operator and a daily trip record, andmust file an annual report with the Police Commissioner. Persons underthe age of sixteen years who use a bicycle to deliver newspapers or circularsare exempt under the law.

In order to regulate and standardize the procedures for the identificationcard, the sign and lettering required, the log book or computer print-outwhich the person, firm partnership, joint venture, association or corporationmust file with the Police Commissioner, the Police Commissioner herebyadopts the following statement of standards:

I. Definition

1. "Bicycle" shall be defined as every two or three wheeldevice upon which a person or persons may ride, propelled by human powerthrough a belt, chain or gears, with such wheels in a tandem or tricycle,except that it shall not include such a device having solid tires and intendedfor use only on a sidewalk by pre-teenage children.

2. "Person or firm" as used in these regulations shall meanany person, firm, partnership, joint venture, association, corporationor independent contractor when working as a prime contractor.

3 "Making deliveries" as used in these regulations shall applyto that period of time while a bicycle is being used as transportationenroute to and/or from a particular destination for the purpose of transportingpackages, parcels, papers or articles or any type.

4 "Log Book" as used in these regulations shall be definedas a set of records which may be combined with a daily trip record or otherconsecutively numbered compilation of delivery documentation providingthe information as required in Section IV below.

II Identification

(a) Every person or firm or bicycle operator engaging in the courseof its business, either on behalf of itself or others, in delivering packages,parcels, papers or articles of any type, by bicycle shall issue to everybicycle operator whether an employee or an independent sub-contractor,a weatherproofed, numbered photo identification card which must be carriedwhile making deliveries. The card shall contain a photograph of the bicycleoperator along with the name and residence address of the bicycle operatorand the name, address and telephone number of the company which employsor for which the bicycle operator is delivering. Such information may beprovided on both sides of the identification card. New employees or bicyclesub-contractors may be issued temporary identification cards which shallbe valid for a period not to exceed three business days. Such identificationcards shall contain all the required information as described above, exceptthat it need not contain a photograph of the individual employee or bicyclesub- contractor.

Lost or stolen identification cards must be reported within 24 hoursto the local police precinct wherein the loss occurred. In the case ofsuch lost or stolen identification cards, temporary replacement cards maybe issued to the bicycle operator which shall be valid for a period notto exceed three business days. Such temporary identifications cards shallcontain all the information as required in the permanent identificationcards, except that it need not contain a photograph of the individual employeeor bicycle sub contractor.

(b) Such identification card must be carried by the bicycle operatorwhile in the course of making deliveries or otherwise riding a bicycleon behalf of the business, and must be produced upon demand of a policeofficer or any other law enforcement officer.

III Sign and Lettering

A sign shall be affixed to the rear of each bicycle, bicycle seat orboth sides of the delivery basket if in the rear, while making deliveries,which shall be a metal, plastic or other weather-resistant durable signusing contrasting colours for text and background. The sign shall containin plain block lettering the business name of the company and the bicycleoperator's individual three digit identification number in lettering andnumbers at least one inch high. A weather-resistant durable sign containingidentical information as that affixed to the bicycle, bicycle seat or deliverybasket shall also be visible on the bicycle operator from the rear whenthe operator is making deliveries. The signs shall be readable at a distanceof up to ten feet. The business name of the Company may be abbreviatedin any form, providing that such abbreviation has been registered and approvedby the Police Department at least seven days prior to the start of suchusage. Such approval by the Police Department may only be withheld if suchabbreviation has previously been registered with the Department.

Lost or stolen signs must be reported within 24 hours to the local policeprecinct wherein the loss occurred In the case of such lost or stolen signs,temporary replacement signs may be issued to the bicycle operator whichshall be valid for a period not to exceed three business days.

IV Log Book

Every person or firm subject to the provisions of this section shallmaintain a log book or computerized print-out which shall contain the nameand residence address and identification number of every bicycle operatorand the date of employment and date of discharge of each bicycle operator;and shall be responsible for maintaining in the log book or computerizedprint-out sheet a daily trip record in which all entries shall be madelegibly in ink and each entry shall be dated and include: the three-digitbicycle operator's identification number, the bicycle operator's name andthe name and place of origin and destination for each trip. No entry ofthe information as required by these regulations shall be rewritten orchanged either in whole or in part except that errors may be correctedby an authorized individual. The log book or computer print-out shall containno erasures, no removal of pages, and no skipped lines or pages; the pagesshall be numbered consecutively. Any unauthorized rewriting or reprintingshall give rise to a rebuttable presumption of an act of fraud, deceitor misrepresentation. These records must be maintained for three yearsfrom date of filing of annual reports with Police Department covering theapplicable period. Each log book or computerized print-out sheet shallbe made immediately available for inspection upon request during regularand usual business hours to any agent of the Police Commissioner or anypolice officer or other person authorized by law.

V. Annual Report

The annual report shall be typewritten, on 8-l/2 by 11 inch stationeryor comparable sized computer print-out and shall identify the company byname, address and telephone number, and shall contain the number of bicyclesit owns, the number and identity of all bicycle operating employees, andbicycle operating sub-contractors who were retained during the period coveredby such annual report, and the identification number assigned to each personpursuant to these regulations. Such annual report shall be submitted tothe Police Commissioner on January 1st of each year for the preceding calendaryear. The first such annual report shall be submitted for the period commencingon the effective date of these regulations and shall be submitted no laterthan January 1, 1986.

For an interim period of 30 days after these regulations go into effect,temporary identification cards and bicycle signs may be issued and willbe considered valid for that period. On the 31st day, permanent identificationcards and bicycle signs as described in this section must be issued.

VI Filing

All filing and/or registration with the Police Commissioner or the PoliceDepartment as described in these regulations shall be sent to: CommandingOfficer, Traffic Division, 1 Police Plaza, New York, New York 10038.

Benjamin Ward

Police Commissioner


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