The purposes of this chapter are to regulate the pedalbus industry;
to set basic safety standards, operating procedures and insurance
requirements; to accommodate another low-emission means of transportation
while enhancing the passenger experience; and to promote the general
health, safety and welfare.
In this chapter, unless the context otherwise requires a different
meaning:
HELPER MOTOR
A device with:
A.
A maximum piston displacement of 50 cubic centimeters or less;
B.
A brake horsepower of 1 1/2 or less; and
C.
A maximum speed of 25 miles per hour or less on a flat surface
with less than a one-percent grade.
NIGHTTIME
The period between sunset and sunrise.
OPERATOR
The person in physical control of a pedalbus.
OWNER
A person who owns or holds an ownership interest in a pedalbus.
PEDALBUS
A device that transports passengers, is powered by one or more individuals (with or without a helper motor), and that is not a pedicab as defined in Chapter
200 of the Code of the City of Saratoga Springs.
RESERVATION
A prearranged agreement for service for a specific date,
time period, number of passengers, contact information, and/or any
other information relevant to the operation of the pedalbuses, made
in writing or over the company's website.
TOWING VEHICLE
A vehicle that has the capacity to safely and efficiently
tow the pedalbus.
It is unlawful to operate a pedalbus without:
A. Using two
lamps on the front that emit a constant white light to illuminate
a person or vehicle at least 50 feet to the front during nighttime.
B. Using two
lamps on the front that emit a constant white light visible from at
least 500 feet to the front during nighttime.
C. Having
two lamps on the front that emit a constant amber light visible from
at least 50 feet to the front during nighttime.
D. Using a
New York State Department of Transportation-approved red reflector
on the rear visible from at least 50 to 300 feet to the rear when
the reflector is directly in front of lawful motor vehicle upper beams
during nighttime.
E. Using a
lamp on the rear that emits a constant red light visible from at least
1,000 feet to the rear during nighttime.
F. Having
a slow-moving vehicle emblem on the rear: a truncated equilateral
triangle at least 14 inches high with a red reflective border at least
1 3/4 inches in width and a fluorescent orange center.
G. Front and
rear working directional signals.
H. A braking
system capable of stopping the pedalbus safely.
I. A mirror
located to reflect to the operator a view of the road at least 200
feet to the rear.
J. A horn
audible from at least 50 feet away.
It is unlawful to operate a pedalbus that:
A. Is wider
than 96 inches (eight feet) at its widest point.
B. Is longer
than 264 inches (22 feet) at its longest point.
C. Carries
more than 16 passengers and one driver.
The Commissioner of Public Safety or his/her designee shall
be responsible for designating the routes for pedalbuses.
Upon consideration of the factors listed in §
163-12 above, the Commissioner of Accounts may issue a license to the applicant. Each license shall expire on December 31 in the year issued. The Commissioner of Accounts shall have authority to impose reasonable conditions upon any license issued. The Commissioner may also refuse to issue a license to an applicant based upon a determination that the application is incomplete, or that it contains false information, or that the applicant fails to satisfactorily meet the requirements stated in those sections. Denial of an application shall be sent to the applicant, in writing, at the address indicated on the application by certified mail. Upon the applicant's written request, a hearing may be conducted at which the applicant may provide evidence that he or she should be issued a license.
It is unlawful for an owner to permit a pedalbus to be operated,
parked or maintained in violation of any of the provisions of this
chapter.
Upon the completion of all reviews by the Office of Risk and
Safety and the Department of Public Safety, and upon determining that
the provisions of this chapter have been complied with, the Commissioner
of Accounts shall have authority to issue a pedalbus license. The
Commissioner shall also have authority to impose reasonable conditions
in the public interest upon any pedalbus license issued. Any conditions
imposed shall be plainly noted on or attached to the issued pedalbus
license. Each pedalbus owner's license shall indicate the name of
the pedalbus company, the address of the pedalbus company, the name
of the applicant, the fee paid, the date of issuance, date of expiration,
the signature of the Commissioner of Accounts, the date of inspection
by Code Enforcement, the number of pedalbuses licensed and their seating
capacities. Each pedalbus driver's license shall indicate the driver's
name, date of issuance, date of expiration, driver's photograph, and
the license number of the pedalbus company for whom he/she works.