New York S 10146: Requires third-party food delivery services to factor compliance with certain vehicle and traffic laws when assigning workers to delivery routes

Status: REFERRED TO CONSUMER PROTECTION (as of 2026-04-30)

State: New York · Session: 2025-2026 · Bill: S 10146

Sponsors: Erik Bottcher

Bill Text

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S10146 Summary:

BILL NOS10146 

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SAME ASNo Same As

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SPONSORBOTTCHER

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COSPNSR

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MLTSPNSR

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Add §391-y, Gen Bus L

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Requires third-party food delivery services to factor compliance with certain vehicle and traffic laws when assigning workers to delivery routes when such delivery may involve the operation of a bicycle with or without electric assist.

Go to top S10146 Actions:

BILL NOS10146 

&nbsp

04/30/2026REFERRED TO CONSUMER PROTECTION

Go to topS10146 Committee&nbspVotes:

Go to topS10146 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10146 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10146

 IN SENATE

 April 30, 2026
 ___________

 Introduced by Sen. BOTTCHER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection

 AN ACT to amend the general business law, in relation to requiring
 delivery businesses to factor compliance with certain vehicle and
 traffic laws when assigning workers to deliver items

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "Consider
 2 Safety Act".
 3 § 2. The general business law is amended by adding a new section 391-y
 4 to read as follows:
 5 § 391-y. Delivery service companies; assignment of workers to deliver
 6 items. 1. For the purposes of this section, the following terms shall
 7 have the following meanings:
 8 (a) "Third-party food delivery service" shall have the same meaning as
 9 in section three hundred ninety-one-v of this article.
 10 (b) "Worker" shall mean a natural person who is hired or retained as
 11 an independent contractor by a delivery business to make deliveries in
 12 exchange for compensation, when such deliveries involve the operation by
 13 such worker of a limited use motorcycle or bicycle with or without elec-
 14 tric assist.
 15 (c) "Delivery routes" shall mean work involving the same-day delivery
 16 or same-day pickup of food and beverage from a food service establish-
 17 ment located in the state.
 18 (d) "Delivery route assignment algorithm" shall mean the method by
 19 which third-party food delivery services assign delivery routes.
 20 2. A third-party food delivery service shall ensure that, when assign-
 21 ing delivery routes to workers involving the operation by a worker of a
 22 bicycle with or without electric assist, such assignments of delivery
 23 routes shall consider the worker's history of compliance with the
 24 following provisions of law, if data that allows the third-party food
 25 delivery service to determine compliance with such provisions are
 26 collected by the third-party food delivery service:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00028-09-6

 S. 10146 2

 1 (a) Section eleven hundred twenty of the vehicle and traffic law,
 2 related to driving on the right side of a roadway;
 3 (b) Section eleven hundred twenty-seven of the vehicle and traffic
 4 law, related to driving on a one-way roadway;
 5 (c) Section eleven hundred eighty of the vehicle and traffic law,
 6 related to compliance with applicable speed limits;
 7 (d) Section twelve hundred twenty-five-a of the vehicle and traffic
 8 law, related to driving on or across a sidewalk; and
 9 (e) Section eleven hundred eleven of the vehicle and traffic law,
 10 related to obeying red light traffic signals.
 11 3. In any delivery route assignment algorithm that assigns delivery
 12 routes to workers involving the operation by a worker of a bicycle with
 13 or without electric assist, the worker's compliance with the provisions
 14 of the vehicle and traffic laws cited in subdivision two of this section
 15 shall be weighted at least as much as the combined weight of all factors
 16 pertaining to speed and efficiency. In the event that there are more
 17 workers available to make deliveries than pending deliveries that need
 18 to be made, a third-party food delivery service shall make a good faith
 19 effort to assign deliveries to workers with a higher rate of compliance
 20 with the vehicle and traffic laws cited in subdivision two of this

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