The cyclists themselves would also get slapped with $100 fines the first time of an infraction and $250 subsequently if they fail to abide by rules, such as wearing a helmet.
Business owners who gathered in Havana Central restaurant and bar near Times Square Wednesday for a DOT presentation and discussion of the new legislation, said there’s a high turnover of delivery cyclists at their restaurants, and they are unable to control them when they leave their premises.
One owner recently let one of his bikers go, because he didn’t “think it’s cool to wear a helmet.” After leaving the restaurant, the cyclist was regularly removing his helmet.
Under current law, businesses must provide helmets to delivery personnel, as well as numbered ID cards that include an identification number, name, photo, and home address. Businesses must also keep a logbook of their delivery personnel, as well as each delivery, but this is one of the laws that isn’t currently enforced.
Fines and enforcement
More than 3,550 businesses on the Upper West Side have been visited by the DOT’s six-person education deputies, with efforts soon moving to the Upper East Side, and Sunset Park in Brooklyn. The team will continue the educational outreach into 2014.
The police department hasn’t increased enforcement, but has always responded to community complaints about cyclists and also hands out safety materials to all kinds of cyclists, said Susan Petitio, assistant commissioner of intergovernmental affairs for the NYPD.
Because many of these cyclists lack proper identification, it makes enforcement more complex, according to both restaurant owners and Adam White, Esq., an attorney who has represented commercial cyclists hit by cars and a pedestrian hit by a commercial cyclist.
In the latter case, the insurance company initially denied coverage after White filed a claim against the restaurant because the incident didn’t happen on the premises. White ultimately won compensation on behalf of his client, he said in a phone interview.
Several groups and persons, including White argue that immense pressure—from both restaurant owners and customers—forces commercial cyclists to zoom around town with no regard for traffic rules.
“Delivery cyclists don’t want to violate traffic laws,” said Rahul Saksena, policy organizer with the worker advocacy organization, Restaurant Opportunity Center of New York, during testimony to the committee. “The reality is that the pressure is too great” for timeliness of deliveries and tips.
Andrew Moesel, director of public affairs for the New York State Restaurant Association, said restaurant owners understand there are concerns about commercial bike deliveries. He said in a phone interview that the best way to confront the issue is to do a better job enforcing the laws already on the books, “instead of continuing to create new and burdensome regulations that will hinder businesses.”
Restaurant owners have conveyed a willingness to equip delivery staff with what has been mandated, including sending bicyclists to educational programs, but they also said that they cannot control their employees once they leave the establishment.
While the proposed legislative changes are pending, the DOT’s Commercial Bike Unit will continue visiting restaurants, while other staff hold more presentations for business owners, like the one Wednesday.
The next scheduled presentation for business owners is on Sept. 13 at St. Agnes Library in Manhattan. Those who are interested can call 311 for more information.
Bicyclists can get educated by classes offered by the nonprofit, Bike New York, which offers classes in Brooklyn and Manhattan throughout the year.
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