By Kate Hinds | 09/27/2012
(New York, NY – WNYC) When it comes enforcement of cycling laws, New York City is willing to employ the stick. But first, the city wants businesses — and their delivery men — to eat carrots, at least until January.
On a recent afternoon, Department of Transportation inspector Demel Gaillard paid a visit to Haru, a Japanese restaurant on Manhattan’s Upper West Side. The manager, Jamyang Singye, greeted him at the door.
“How can I help you guys?” Singye asked. “We’re just here to see if you guys have your posters posted,” said Gaillard. “Outlining the commercial bicyclists law?”
Gaillard is one of six DOT inspectors, and his job is to make sure business owners know the commercial cycling rules and are communicating them to their employees. Singye brings him downstairs to the kitchen, where the rules are displayed on one of many text-heavy postings. “I’d be happy to give you a new poster,” says Gaillard, offering up the newer, full-color edition.
“Do you also have it Chinese?” asks Singye. In fact the poster comes in seven languages — a necessity in a polyglot city where bicycle food delivery men often hail from abroad. Haru, which has a Japanese sushi chef, Chinese delivery staff, and a manager from Nepal, is no exception.
“That would be great,” says Singye.
What’s not great is the public’s perception of bike delivery guys. Speaking at a hearing earlier this month, New York City Council member Jimmy Vacca said the city’s rogue cyclist problem is “tremendous.”
“There’s not a day that goes by that I’m not in Manhattan where I don’t see a commercial cyclist on the sidewalk, going the wrong way on a one-way street,” he said. “This is a constant occurrence.”
DOT commissioner Janette Sadik-Khan hears these complaints all the time. Her inspectors can’t enforce moving violations — that’s the domain of the police. In July, Sadik-Khan explained what her department can enforce.
“Our emphasis here is making sure that everybody knows you need to wear a helmet,” she said, ticking off the requirements. “You need to wear a vest, you need to have bells and lights and have a bike that’s in working condition and follow the rules of the road.”
Commercial bicyclists also need reflective devices on their bikes or tires, and a numbered business ID card. Business owners must provide this equipment for their employees.
Since July, the DOT has visited over 2,100 businesses to tell managers like Singye what he needs to do to follow the law and, as Inspector Ronald Amaya explained, what will happen if he doesn’t.
“In January 2013,” Amaya said, “if you’re not in compliance with all the rules and regulations – like your delivery men not having their vests, their helmet, ID cards, and the poster’s not up in your establishment, we will be issuing a fine, anywhere from $100 to $250.”
Here’s the important distinction with enforcement: if a DOT inspector sees a delivery guy riding without a vest, the inspector will issue a ticket to the business. If a police officer sees a delivery guy breaking a traffic law by, say, riding on the sidewalk, the officer will ticket the bicyclist. Brian McCarthy, a deputy chief for the NYPD, told TN the department has expanded enforcement and so far this year has issued 8,959 commercial bicycle summonses. That’s about 25 percent of all bike tickets.
The DOT is holding public forums to hammer this point home. At a recent meeting on the Upper West Side, DOT staffers handed out posters, bells, and even samples of reflective vests to over a hundred managers and delivery workers. Department educator Kim Wiley-Schwartz explained details of the coming crackdown to a standing-room-only crowd of managers and bike delivery workers. She spoke about the need to wear helmets and vests and carry ID. Then she did a little consciousness-raising about the need to follow the rules of the road — and yield to pedestrians.
“You do not have the right of way. I don’t want a ‘ding ding ding ding’ as people are crossing the crosswalk when they have the light,” she said, imitating the sound of a frustrated bicyclist leaning on his bell. “They have the right of way.”
After the meeting, a lot of workers said the rules made sense. But Lawrence Toole, who works at a restaurant in the theater district, said he felt a little picked on.
“These are small businesses, and what they’re doing is they’re hiring people that need jobs,” he said.”It’s bad enough that there are no jobs out there. Now you’re going to penalize the people that are giving the jobs to people.”
But a few seconds later, he reached acceptance. “But we got to follow the law all the same.”
City Council woman Gale Brewer, who represents the Upper West Side, says there needs to be a culture change — and it won’t come easily.
“It is a very challenging job to convince the delivery people and their managers — the managers change often, the delivery people change often,” she said. There needs to be “constant education that safety comes before a customer who wants their food right now.”
Starting in January, businesses that don’t follow the rules could pay the price.