Int 0597-2011

Be it enacted by the Council as follows: Section 1. Paragraph 12 of subdivision a of section 20-254 of subchapter nine of chapter two of title 20 of the administrative code of the city of New York, as added by local law number 19 for the year 2007, is amended to read as follows: 12. a timer, of a type approved by the commissioner, affixed within clear view of passengers[, if the rate charged is based on period of use]; § 2. Paragraphs 13 and 14 of subdivision a of section 20-254 of subchapter nine of chapter two of title 20 of the administrative code of the city of New York, as added by local law number 19 for the year 2007, are amended to read as follows: 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; [and] 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 [for the use of the pedicab or the basis for calculating such amount.] 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 § 3. Subdivision a of section 20-254 of subchapter nine of chapter two of title 20 of the administrative code of the city of New York, as added by local law number 19 for the year 2007, is amended by adding new paragraph 15 to read as follows: 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. § 4. Section 20-260 of subchapter nine of chapter two of title 20 of the administrative code of the city of New York, as added by local law number 19 for the year 2007, is amended to read as follows: 20-260. Rates of pedicabs. a. [The basis for calculating the amount of the charge for the use of a pedicab shall be displayed on the pedicab at all times] 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 [more than the amount or] 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.[The pedicab driver shall provide passengers with a receipt listing the amount of the charge for the use of the pedicab, the license number of the pedicab business and a telephone number of such business to which complaints by consumers shall be directed, the pedicab driver's license number and the telephone number at the department where complaints by consumers can be reported.]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 New York city department of consumer affairs license number; (ii) the pedicab business name, address, telephone number and pedicab business license number, which shall be clearly identified as a New York city department of consumer affairs 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. § 5. This local law shall take effect one hundred and twenty days after its enactment into law; provided, however, that the commissioner shall take any actions necessary prior to such effective date for the implementation of this local law including, but not limited to, the adoption of any necessary rules. RC LS 2069 10/22/12