Pedicab Business and Pedicab Driver

RCNY tit. 6, ch. 2, subch. GG

in effect

6 RCNY § 2-415 Definitions.

§ 2-415 Definitions. Whenever used in this subchapter, the term: (a) "Licensee" shall mean a person licensed pursuant to Subchapter 9 of Chapter 2 of Title 20 of the New York City Administrative Code. (b) "Applicant" shall mean any person applying for a pedicab business license or a pedicab driver license or for a renewal thereof and, unless otherwise provided by law or rule, the term shall include such person upon the issuance of such license or renewal thereof to such applicant. (c) "Pedicab identification" or "PID" shall mean any combination of three or more letters and numbers that are permanently inscribed or stamped into the bottom bracket shell, head tube, or other non-detachable metal component of a pedicab frame and that uniquely identify the pedicab. (d) "Accident" shall mean any event arising from the operation of a pedicab that causes or caused human injury or damage to property. (e) "Clear view of passengers" means that the object or sign that is the subject of regulation is visible at all times to all seated passengers and is not obstructed by the driver, the driver's clothing, or other parts of the pedicab.

6 RCNY § 2-416 Application Procedures for and Issuance of Initial Pedicab Business Licenses and Pedicab Registration Plates.

§ 2-416 Application Procedures for and Issuance of Initial Pedicab Business Licenses and Pedicab Registration Plates. (a) An applicant for a pedicab business license and for the initial issuance of pedicab registration plates shall submit a completed application for a pedicab business license, which shall include a list that identifies by PID each of the pedicabs for which such applicant seeks registration. This completed application must be submitted to the Department by the end of the application period specified in § 20-251 of the New York City Administrative Code. (b) An applicant for a pedicab business license may present for inspection only such pedicabs as are listed in, and identified on, the application as specified in subdivision (a) of this section. (c) A pedicab registration plate shall be issued for a pedicab to an applicant for such plate and for a pedicab business license only upon: (1) payment to the Department of the sixty dollar ($60) registration fee for each additional pedicab registration plate to be issued in excess of the one pedicab included in the annual pedicab business license fee up to the maximum number authorized to be issued to each business licensee; (2) submission of proof of the insurance coverage required pursuant to § 20-253 of the Administrative Code of the City of New York for each pedicab for which a registration plate is to be issued; (3) presentation for inspection at the time, date and location(s) designated by the Department of the pedicabs that are included on the list that identifies by PID each of the pedicabs for which such applicant seeks registration; (4) determination by the Department that a pedicab presented for inspection passes such inspection; and (5) determination by the Department that the applicant for the registration plates qualifies for the issuance of the pedicab business license. (d) a pedicab business license shall be issued only upon the Commissioner determining that such applicant meets all the requirements of §§ 20-250, 20-252 and 20-253 of the Administrative Code of the City of New York and the requirements of this subchapter. (e) (1) Whenever a pedicab that is presented for inspection pursuant to subdivision (c) of this section fails such inspection, such pedicab may be presented for re-inspection no later than 30 days after the expiration date for filing applications for pedicab registration plates and at such times, dates and locations designated by the Department. (2) The Department shall re-inspect a pedicab upon payment of the fifty-five dollar ($55) re-inspection fee. (f) An application for a pedicab registration plate shall be void if the pedicab for which the application was made does not qualify to be issued a registration plate within 30 days after the expiration date for filing applications for pedicab registration plates. (g) An application for a pedicab registration plate that is voided pursuant to subdivision (f) of this section shall not subsequently be reinstated.

6 RCNY § 2-417 Proof of Insurance.

§ 2-417 Proof of Insurance. An applicant for a pedicab business license or a renewal thereof shall submit a certificate of insurance establishing that it maintains a policy of liability insurance for the amounts specified in § 20-253 of the Administrative Code of the City of New York issued by an insurer authorized in this state to write such coverage, or procured by an excess line broker pursuant to section 2118 of the New York State Insurance Law.

6 RCNY § 2-418 Termination of License Upon Change of Beneficial Ownership.

§ 2-418 Termination of License Upon Change of Beneficial Ownership. (a) A pedicab business license shall be voided upon any person or organization becoming the beneficial owner of the licensed business entity if such person or organization did not previously hold an interest, unless prior written approval from the Commissioner is obtained to authorize such change. (b) If the Department determines there is reason to conclude that a license is void because a person or organization has become the beneficial owner of the licensed business entity if such person or organization did not previously hold an interest in the business entity to which the license was issued, without receipt of the requisite authorization from the Commissioner, the Department will provide written notice to the licensee. Within ten business days of the date of such written notice, the licensee has the opportunity to be heard by submitting to the Department a written response objecting to the Department's determination and providing written documentation that there has been no such change in the beneficial ownership in the business entity to which the license was issued. (c) If the licensee fails to submit such response and documentation within such period, the Commissioner's determination that the license is void shall be final. (d) Upon receipt of the licensee's written objection and submission of the documentation described above, the Commissioner shall make a determination whether there has been a change in the beneficial ownership as specified in subdivision (a) of this section in such business entity without having received authorization from the Commissioner. The Commissioner's determination that the license is void because of such change shall then be final. (e) The voiding of a pedicab business license because of such change in the beneficial ownership in the business entity holding such license shall be effective as of the date of the unauthorized change in the beneficial ownership in the business entity. Such voiding also invalidates all the pedicab registration plates issued to such licensee, and such licensee shall, within five business days of the voiding of the pedicab business license, surrender each such plate to the Commissioner.

6 RCNY § 2-419 Abandonment of Seized Pedicab.

§ 2-419 Abandonment of Seized Pedicab. (a) Any pedicab that is not claimed by its owner within fifteen business days after the mailing of the decision of the adjudication by the Commissioner of the violation underlying the seizure shall be deemed by the Department to be abandoned. (b) If the Commissioner determines that the abandoned pedicab is suitable for operation, such pedicab shall be sold at public auction to the highest bidder. (c) If the Commissioner determines that the abandoned pedicab is not suitable for operation, or if the abandoned pedicab is not sold at public auction within fifteen business days after it is offered for sale, the Commissioner shall sell the abandoned pedicab to a scrap metal processor. (d) Any proceeds from the sale of an abandoned pedicab less any expenses incurred by the Department shall be held by the Department without interest, for the benefit of the owner of the abandoned pedicab, for a period of one year. If such proceeds have not been claimed within such one year period, such proceeds shall be paid into the general fund of the City.

6 RCNY § 2-420 Notification of Accidents Relating to the Operation of Pedicabs.

§ 2-420 Notification of Accidents Relating to the Operation of Pedicabs. (a) Every pedicab business licensee and pedicab driver shall submit to the Department, on a form provided for such purpose by the Department, a written report of every accident relating to a pedicab within twenty-four hours after the occurrence of such accident. Such completed form shall be signed by the pedicab business owner or his or her agent and by the pedicab driver involved in the accident. (b) Whenever any person sustains an injury requiring medical treatment or dies in an accident related to a pedicab, the pedicab business owner to whom is issued a pedicab business license shall immediately notify the Department by telephone and by facsimile transmission to the telephone numbers prescribed by the Department, and furnish such information as is sufficient to identify the time and location of the accident and the nature of the injuries sustained by any person.

6 RCNY § 2-421 Voiding of Pedicab Registration Plates Upon the Voiding, Suspension or Revocation of a Pedicab Business License.

§ 2-421 Voiding of Pedicab Registration Plates Upon the Voiding, Suspension or Revocation of a Pedicab Business License. (a) Whenever a pedicab business license is suspended or revoked, has been voided as provided in Subchapter 9 of Chapter 2 of Title 20 of the Administrative Code of the City of New York or is not renewed within the time period provided for renewal, all pedicab registration plates issued to such licensee shall be voided as of the date of the occurrence of such event unless the Commissioner for good cause shown, within five days thereafter, issues a written finding staying the voiding of such registration plates for a period not to exceed thirty days thereafter, provided such licensee establishes to the Commissioner's satisfaction that it will be able to comply with the requirements that were the basis for the voiding of such pedicab registration plates by the end of such stayed period. (b) Whenever a pedicab registration is not renewed within fifty-nine days after it has expired, such registration shall be void, and such registration shall not be reinstated.

6 RCNY § 2-422 Voiding of Pedicab Business License Upon Lapse of Insurance Policy.

§ 2-422 Voiding of Pedicab Business License Upon Lapse of Insurance Policy. (a) Upon a determination by the Department that a pedicab business license is void as provided in subdivision e of § 20-253 of the Administrative Code of the City of New York because the policy of insurance required by § 20-253 of such Code has lapsed, the Department shall immediately provide a written notice to the licensee of such determination. (b) A licensee has up to fourteen days following the date of the written notice of such determination to have an opportunity to be heard by submitting to the Department a written objection to such determination with documentation demonstrating that the licensee has in force the policy of insurance required by § 20-253 of the Administrative Code. (c) If the licensee fails to submit such response with the required documentation within such period, the determination of the Department shall become final, and the license shall be void as of the date the policy lapsed. (d) Upon receipt of the written response from the licensee, the Commissioner will make a final determination whether the policy of insurance required pursuant to § 20-253 has lapsed.

6 RCNY § 2-423 Replacement of a Registered Pedicab.

§ 2-423 Replacement of a Registered Pedicab. A licensee may replace a pedicab that is issued a current registration plate (such pedicab to be referred to in this section as the "current pedicab") with another pedicab (such pedicab to be referred to in this section as the "replacement pedicab") owned by such licensee only if: (a) Such licensee notifies the Department in writing of the proposed replacement, describes and substantiates the reason for the replacement, and identifies the current pedicab by the registration plate number issued by the Department and the PID listed with the Department for such pedicab and describes the replacement pedicab and furnishes its PID. (b) Such licensee presents: (1) the replacement pedicab for inspection by the Department; and (2) either presents the pedicab registration plate that was issued to the current pedicab, provides proof that the current pedicab and its registration plate have been destroyed or are otherwise physically impossible to be made available, or presents the current pedicab and surrenders to the Department the registration plate of the current pedicab. (c) The replacement pedicab passes inspection and the Department affixes to it a pedicab registration plate.

6 RCNY § 2-424 Advertisements on Pedicabs.

§ 2-424 Advertisements on Pedicabs. Advertisement(s) may be placed on any panel on a pedicab provided that no advertisement shall be placed on the panel that displays the rates required to be posted pursuant to § 20-254 of the Administrative Code of the City of New York or on the signs required to be posted pursuant to § 20-260 of such Code, that no portion of such advertisement shall be reflectorized, illuminated, animated, or extend beyond the panel of the pedicab, and that the content of such advertisement shall not violate any applicable provision of law.

6 RCNY § 2-425 Required Signs on Pedicabs.

§ 2-425 Required Signs on Pedicabs. (a) Every pedicab shall have posted on the interior of the cab, where it is clearly visible at all times to any seated passenger, a sign with letters and numbers at least one-half (1/2) of an inch high, boldfaced type containing the following information: Licensee: (Insert name appearing on pedicab business license to which pedicab is registered or the DBA name of such licensee). Telephone Number: (Insert phone number of licensee). Pedicab Registration Number: (Insert registration number of pedicab). "If you have a complaint about this business, contact the NYC Department of Consumer Affairs at:" (Insert Department's current complaint number and web address). (b) The letters and numbers on the sign displaying the dollar amount to be charged per minute per ride shall be at least two (2) inches high, in boldfaced type and such sign shall be clearly posted on both sides of the exterior of the pedicab where it shall be visible to persons prior to entering such pedicab. The sign must also state, in letters and numbers no less than one-half (1/2) of an inch high, in boldfaced type, that: (i) no additional fees may be charged; and (ii) drivers must give passengers a Pedicab Information Card. The sign must be laminated or protected by a clear plastic sheeting or other suitable material so that the text will not be destroyed, soiled, distorted or rendered illegible by water, snow or other weather conditions. (c) A required sign to be attached to the rear of the pedicab bicycle seat must: (i) hang freely from the rear of the bicycle seat in clear view of passengers; (ii) be laminated or protected by a clear plastic sheeting or other suitable materials so that the text will not be destroyed, soiled, distorted or rendered illegible by water, snow or other weather condition; and (iii) state clearly in letters and numbers at least one (1) inch high the dollar amount to be charged per minute per ride.

6 RCNY § 2-426 Expiration Date for Pedicab Registration Plates.

§ 2-426 Expiration Date for Pedicab Registration Plates. Registration plates for pedicabs shall expire annually on November 1.

6 RCNY § 2-426a Registration Plate Application Pool.

§ 2-426a Registration Plate Application Pool. (a) Each year, within 90 days after the November 1 expiration date of pedicab registration plates, the Commissioner will determine the number of pedicab registration plates that have been issued to licensees. If the number is fewer than 840, the Commissioner will publish in the City Record a notice requesting applications for pedicab registration plates to fill vacancies up to the legal limit of 850. (b) Applications will not be accepted from any licensees that have already been assigned the legal limit of 30 registration plates. (c) An application will not be accepted unless the applicant: (1) completes an application in a form approved by the Commissioner, and (2) submits the completed application no later than 5:00 p.m. on the 20th business day following the publication of the notice in the City Record. (d) Only one application for a pedicab registration plate will be accepted from each applicant. (e) The Commissioner will use the following procedures to assign available pedicab registration plates to applicants in the registration plate application pool: (1) The Commissioner will assign a priority number to each accepted application using a computer generated random number selection program. (2) If the number of accepted applications exceeds the number of available registration plates, the Commissioner will offer to issue a registration plate to applicants in the order of the priority numbers assigned to the accepted applications. (3) If the number of accepted applications equals the number of available registration plates, the Commissioner will offer to issue a registration plate to each applicant. (4) If the number of accepted applications is fewer than the number of available registration plates, the Commissioner will offer one registration plate to each applicant and then offer each remaining plate in the order of the priority numbers assigned until all available registration plates have been offered. (5) The Commissioner will issue the registration plate that has been offered when the applicant demonstrates that the pedicab complies with all registration requirements in this subchapter within 45 days of when the offer was made. (6) The Commissioner's offer will become void if the applicant fails to comply with all registration requirements in this subchapter within 45 days after the offer has been made. If this circumstance arises, the Commissioner will offer such registration plate to the applicant with the next priority number. (7) The Commissioner will remove from the registration plate application pool any applicant who fails to comply with all registration requirements in this subchapter within 45 days after the offer has been made.

6 RCNY § 2-427 Obligation of Pedicab Driver to Give Notice of Change of Status of Driver's License.

§ 2-427 Obligation of Pedicab Driver to Give Notice of Change of Status of Driver's License. Every pedicab driver shall notify the Department in writing whenever the motor vehicle driver's license that qualified the driver to be issued a pedicab driver license is no longer valid for any reason, including, but not limited to, that it was suspended or revoked by the issuing jurisdiction, it expired and was not renewed, there is a change in the issuing jurisdiction, or there is a change in the name of the person to whom the license is issued. A pedicab driver shall give such notice within five business days after the driver knows or should know of such change in the status of the motor vehicle driver's license that qualified the driver to be issued a pedicab driver license, and shall within such time present to the Department a currently valid motor vehicle driver license.

6 RCNY § 2-428 Records.

§ 2-428 Records. (a) A pedicab business licensee shall maintain complete, accurate and legible records that include: (1) a list identifying each pedicab such licensee operates, with the PID and registration plate number issued to such pedicab; (2) the name, pedicab driver license number issued to each pedicab driver authorized to operate each pedicab used by such licensee, whether such driver operates the pedicab as an employee, a lessee or in any other manner; (3) a copy of the terms under which pedicab drivers are authorized to operate each pedicab; (4) a daily log of the operation of each pedicab showing the time it leaves and is returned to the licensee's premises, and the name of the pedicab driver who is authorized to operate the pedicab during the period it is logged out to such driver; and (5) a copy of the record of every summons, complaint, or notice of violation of any law or regulation issued to a pedicab driver operating a pedicab registered to the licensee and the disposition thereof that is submitted to the pedicab business licensee pursuant to subdivision i of § 20-259 of the Administrative Code of the City of New York; (6) a copy of the policies, procedures and instructional materials used for training drivers about their obligation to follow all provisions of state and local law governing the operation of a bicycle, including training regarding the obligation of a driver to provide to the pedicab business licensee authorizing the use of its pedicab a copy of any summons, complaint or notice of any law or regulation received by such driver while operating a pedicab registered to such pedicab business, and the basis for assessing the satisfactory completion of the required training; (7) a log listing the names, pedicab driver licenses, the dates and time when they received the training required by § 20-259(h) of the Administrative Code of the City of New York, and whether each pedicab driver satisfactorily completed the training. (b) A pedicab business licensee shall retain the records it is required to maintain for not less than three years.

6 RCNY § 2-429 Pedicab Information Card.

§ 2-429 Pedicab Information Card. (a) A pedicab driver must download and use the Pedicab Information Card published by the Department on its website. A pedicab driver must not change or delete any text in the Pedicab Information Card and must provide all information required by the Department. (b) The Department's Pedicab Information Card must be printed in black ink or toner on white paper. The typeface must be no less than 12 point. (c) The size of the Pedicab Information Card must be no less than five and one-half (5 1/2) inches by eight (8) inches in height and width. (d) A pedicab driver must not issue Pedicab Information Cards by electronic mail, SMS (texting), or other electronic means. (e) A pedicab driver must ensure that each Pedicab Information Card provided to a paying passenger is complete, accurate, and legible. (f) When offering to transport passengers for hire, a pedicab driver operating a pedicab must keep in the pedicab sufficient quantities of the Department's Pedicab Information Card to be able to provide one to each passenger. Failure to produce copies of the Department's Pedicab Information Card upon request by Department inspectors or law enforcement officers will be deemed a violation of this subdivision.

6 RCNY § 2-430 Approved Timer.

§ 2-430 Approved Timer. A pedicab driver must use a timer that has been inspected and sealed by the Department. The Department will apply the specifications, tolerances, and regulations set forth in the most current version of Handbook 44 and the amendments thereto and Special Publication 960-12 of the National Institute of Standards and Technology when inspecting a timer presented for sealing. A driver may not use a timing device, such as a cell phone or other personal digital assistant, which uses a digital application or a mechanism that a pedicab driver can replace or modify after sealing.

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/NYCrules/0-0-0-18129Fetched: 10/24/2026