Judge: Restaurant Owners, Not Workers, Must Pay Fines for E-Bikes

In ruling, an administrative judge cited city law and the mayor's own words to blame business owners for e-bike operation.

E-bikes confiscated by the 19th Precinct
E-bikes confiscated by the 19th Precinct

New York City businesses — not their delivery people — are liable for  fines incurred by workers operating e-bikes on their behalf, a city administrative judge has ruled, blowing a huge legal hole in Mayor de Blasio’s misguided crackdown on the types of electric bikes preferred by the workers.

On July 12, Mitch Regenbogen, a judge with the Office of Administrating Trials and Hearings, dismissed two $500 e-bike tickets against Soho Sushi restaurant worker Yili Liu — and at the same time, rebuked the city for continuing to charge delivery people like Liu instead of their employees [PDF].

Liu’s lawyer, Legal Aid Society attorney Steven Wasserman, agreed that city law prohibits the operation of throttle-powered e-bikes like the one Liu was riding because they are classified as “electric scooters” under section 19-176.2(b) of the city administrative code. But another section — 10-157(k) — states that businesses are “liable for any AC 19-176.2(b) violations committed by any person operating a motorized scooter on behalf of such businesses.”

“I agree with Mr. Wasserman,” Regenbogen wrote in his ruling. It was the first time Wasserman said he had gotten such a response in roughly two dozen e-bike cases that he has argued citing section 10-157(k).

Regenbogen’s ruling wasn’t only based on the law, but included a comment by Mayor de Blasio from when he began the crackdown last October. At the time, the mayor said that “those on the top of the food chain need to be held accountable.” Regenbogen quoted those very words in his dismissal of the fines against Liu.

Nonetheless, since the crackdown began, workers have borne the brunt of the enforcement blitz. Each e-bike ticket nets $500 for the city. If police also confiscate their bikes, workers end up losing thousands of dollars in fines, wages, and property.

The NYPD, meanwhile, has given out far fewer fines to businesses than to delivery bike users, according to data obtained by Streetsblog. As of July 18, the department had confiscated 541 bikes, issued 805 moving violations, and cited e-bike operators 345 times. Businesses  received only 138 violations.

Evidence indicates that businesses are evading enforcement. In all of Wasserman’s cases, none of the officers who have been called to testify admitted to having ticketed an employer.

“I think the mayor is under the impression that the business owners are going to be paying the fines. It’s not happening,” Wasserman said. “They’re pretty much just handing the summonses to the bicycle riders.”

The July 12 ruling was the decision of just one judge, and is not necessarily precedent-setting. Still, judges have been relatively lenient towards delivery workers. Most cases get thrown out on technicalities, Wasserman said.

“We’ve been experiencing a lot of sympathy for the food delivery workers [in court],” he said.

Streetsblog reached out to City Hall for comment.

  • Daphna

    This should not a be a fight between whether the delivery rider or the business employing him/her gets ticketed. There should not be any crackdown on e-bikes. E-bikes of all types should be fully legal. There should also not be a crackdown on regular bikes.

    The e-bikes that delivery riders often use have both the throttle option and the pedal assist option. The majority all e-bikes have both a throttle and pedal assist. It is time to re-think the City Council law from 2004 (year?) that legalized pedal assist bikes only. It seems City Council lawmakers did not know enough about e-bikes at the time and did not know that nearly all e-bikes are made with both a throttle and pedal assist. They drew a distinction that sounded good on paper but did not fit the reality of the situation.

  • JarekFA

    He said this at a townhall in December:

    https://twitter.com/twitter/statuses/1034461095753404417

  • HamTech87

    typo in last word of second paragraph? shouldn’t it be employeR?

  • Daphna

    I remember reading that de Blasio stated it should be the businesses and not the riders to be ticketed and fined. When de Blasio directed NYPD to crack down on e-bikes, did de Blasio forget his own stated policy? Did de Blasio forget to tell the NYPD who to give the tickets to? Why didn’t de Blasio immediately stop the ticketing of riders as inconsistent with his own position?

  • Rex Rocket

    This is just common sense. There’s no lobby(s) opposing this so it shouldn’t be too hard to get it done.

  • Joe R.

    The city absolutely should fine only the restaurant owners. The problem with that is I have little doubt the restaurant owners will make back the fines, one way or another. Either they will dock the worker directly if they’re on the payroll, or “fire” them until the worker gave them the money for the fine.

    The best answer is for the city to just stop going after these people. I’ll grant that the riding habits of a lot of delivery people make them a low-level annoyance but that’s it. The statistics show they’re not particularly dangerous. Policing should be based on statistics, not the number of complaints at community board meetings.

  • A common sense decision. But the throttle bikes are not permitted in bike lanes or are they ?

  • BrandonWC

    Throttle bikes aren’t allowed anywhere. As for whether you could get a separate ticket for riding one in a bike lane, the city rules are not 100% clear on whether throttle bikes are an (illegal) type of “vehicle,” which would be subject to the probation on driving in a bike lane, or an (illegal) type of bicycle, in which case they would not be.

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