Pedicabs

NYC Admin. Code tit. 20, ch. 2, subch. 9

in effect

NYC Admin. Code § 20-248 Legislative findings.

§ 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.

NYC Admin. Code § 20-249 Definitions.

§ 20-249 Definitions. Whenever used in this subchapter: Family member. The term "family member" means a member of the immediate family, including, but not limited to, a spouse, domestic partner, sibling, child, grandchild, parent or grandparent. Owned or owns. The term "owned" or "owns" means possession with good legal title, or possession under a lease, reserve title contract, conditional sales agreement or vendor's agreement or similar agreement. Pedicab. The term "pedicab" means 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. Pedicab owner or owner. The term "pedicab owner" or "owner" means any person who owns one or more pedicabs in the city of New York. Pedicab business or business. The term "pedicab business" or "business" means a pedicab owner who operates or authorizes the operation of one or more pedicabs in the city of New York. Pedicab business license. The term "pedicab business license" means a license issued by the commissioner pursuant to section 20-250. Pedicab driver. The term "pedicab driver" means any natural person who propels and operates a pedicab in the city of New York. Pedicab driver license. The term "pedicab driver license" means a license issued by the commissioner to a pedicab driver to operate a pedicab. Person. The term "person" means any natural person, firm, partnership, joint venture, corporation or association. Registration plate. The term "registration plate" means a unique identification tag issued by the commissioner pursuant to section 20-255. (Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/053 and L.L. 2021/080.

NYC Admin. Code § 20-250 Pedicab business license.

§ 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/053.

NYC Admin. Code § 20-251 Applications for, and issuance of, registration plates.

§ 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 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 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2007/019, L.L. 2009/053, and L.L. 2011/034.

NYC Admin. Code § 20-252 Issuance of pedicab business license.

§ 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.

NYC Admin. Code § 20-253 Insurance.

§ 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.

NYC Admin. Code § 20-254 Required equipment of pedicabs.

§ 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.

NYC Admin. Code § 20-255 Inspection; registration plate.

§ 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/053.

NYC Admin. Code § 20-256 Records.

§ 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.

NYC Admin. Code § 20-257 Pedicab driver license.

§ 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/053.

NYC Admin. Code § 20-258 Display of pedicab driver's identification.

§ 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.

NYC Admin. Code § 20-259 Restrictions on the operation of pedicabs.

§ 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 and worker protection 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, 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. (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/053 and L.L. 2020/080.

NYC Admin. Code § 20-260 Rates of pedicabs.

§ 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 department license number; (ii) the pedicab business name, address, telephone number and pedicab business license number, which shall be clearly identified as a department 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. (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.

NYC Admin. Code § 20-261 Denial of license or renewal, suspension and revocation.

§ 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/053.

NYC Admin. Code § 20-262 Failure to display pedicab registration or pedicab driver's license.

§ 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/053.

NYC Admin. Code § 20-263 Penalties.

§ 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 of: (1) two hundred dollars for the first violation and for each additional violation committed on the same day; (2) five hundred dollars for the second violation committed, and each additional violation committed on the same day, within a one-year period; and (3) one thousand dollars for the third and any subsequent violation committed, and each additional violation committed on the same day, within a one-year period; provided that any person who violates section 20-253, paragraph 6 or 7 of subdivision b or subdivision d or e of section 20-259, or any rule or regulation promulgated thereunder, shall be subject to a civil penalty of: (1) five hundred dollars for the first violation; (2) one thousand dollars for the second violation committed, and each additional violation committed on the same day, within a one-year period; and (3) four thousand dollars for the third and any subsequent violation committed, and each additional violation committed on the same day, within a one-year period; and provided further that a person shall be subject to a civil penalty of zero dollars for a first violation of paragraph 13, 14 or 15 of subdivision a of section 20-254 or subdivision d or e of section 20-255 or any rule or regulation promulgated thereunder, or any rule or regulation promulgated pursuant to subdivision b of section 20-263.2 of this subchapter, if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of paragraph 13, 14 or 15 of subdivision a of section 20-254 or subdivision d or e of section 20-255 of this subchapter or any rule or regulation promulgated thereunder, or any rule or regulation promulgated pursuant to subdivision b of section 20-263.2 of this subchapter. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination. 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. (Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.

NYC Admin. Code § 20-263.1 Enforcement.

§ 20-263.1 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. (Am. L.L. 2025/183, 12/12/2025, eff. 9/8/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2025/183.

NYC Admin. Code § 20-263.2 Rules.

§ 20-263.2 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. (Am. L.L. 2025/183, 12/12/2025, eff. 9/8/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2025/183.

NYC Admin. Code § 20-263.3 Reporting.

§ 20-263.3 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. (Am. L.L. 2025/183, 12/12/2025, eff. 9/8/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2025/183.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-134066Fetched: 10/24/2026