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NYC Council to weigh making delivery apps pay for drivers’ e-bikes
By
Giulia Heyward
Published Sep 14, 2023
Modified Sep 14, 2023
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By
Giulia Heyward
Published Sep 14, 2023
Modified Sep 14, 2023
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If a new City Council bill gains traction, third-party delivery apps such as Uber Eats and GrubHub may soon have to provide certified e-bikes and batteries to some of their 60,000 drivers who deliver food across the five boroughs.
The bill – which is set to be introduced on Thursday – is the latest attempt to quell the hundreds of e-bike related fires that occur each year in the city and hold the delivery apps more responsible for the safety of their drivers.
But if the measure becomes law, it's sure to face significant backlash from the apps — along with potentially well-funded legal challenges.
“We need to make sure that everyone in this ecosystem helps resolve this crisis that we’re seeing, including – and again, especially – the companies that rely on these delivery workers,” Councilmember Oswald Feliz, the bill’s primary sponsor, told Gothamist in an interview.
New York City is facing a surge of deadly fires caused by e-bikes that are powered by lithium-ion batteries. But some of the city’s delivery workers – many of whom are low-income – rely on these kinds of e-bikes because they are often cheaper than the certified varieties. Certified batteries for these bikes typically cost at least $600.
Last week, fire officials said there have been 175 e-bike-related fires in 2023, which have resulted in 14 deaths and 96 injuries.
City officials are scrambling to enact legislation that will lower those numbers. Last year, the city signed a package of bills surrounding e-bike safety, including one set to take effect next week that will prohibit the sale and distribution of e-bikes that don’t meet the city’s safety standards.
But so far the situation has grown more dire: In June, an e-bike repair shop in Chinatown burst into flames twice in one week, killing four people. A month later, a family – including a newborn – escaped a fire in the Belmont neighborhood of the Bronx after an e-bike in the apartment caught ablaze.
“Fires caused by lithium-ion batteries are fast-moving like explosions and create a significant threat to public safety and the safety of our members,” FDNY Commissioner Laura Kavanagh said during a press conference last week. .
But even if Feliz's bill receives enough support to pass, it will likely face a long, lengthy legal battle from the delivery apps, based on past attempts to regulate the industry.
New York City's planned $18 minimum wage law for local delivery workers – the first in the country – stalled days before taking effect after DoorDash, Grubhub, Uber and Relay filed a lawsuit in July. The bill's status remains uncertain.
In California, a ballot measure that would require delivery apps treat its drivers in California as employees — and not independent contractors without benefits — remains in legal limbo. And it took a two-year investigation for Chicago officials to get Uber Eats and Postmates to agree to a $10 million settlement after the companies listed some local restaurants on the apps without consent.
Feliz said he and his colleagues are looking forward to “very productive” conversations with the delivery apps in the near future.
“We’ve looked into the technical, legal details of the bill,” he said. “And I am very confident that it is something that we can move forward with.”
DoorDash, Uber and Relay did not immediately respond to requests for comment. The mayor’s office did not immediately respond to questions about whether the bill would have Mayor Eric Adams' support.
GrubHub spokesperson Ben Branham said the company was looking at ways to provide safer e-bikes to its workers.
"New York delivery workers are critical to thousands of communities and businesses and helping to ensure their safety is a priority," Branham said in an emailed statement. "That’s why Grubhub has made significant investments in accessing safe e-bikes and batteries, and we and are continuing discussions with our partners and City leaders to expand these efforts. We are open to exploring any reasonable ways that delivery platforms can be a part of the solution.”
Earlier this year, Uber announced it would subsidize a trade-in program for certified e-bikes and donated $100,000 to the FDNY.
This story has been updated with comment from GrubHub.
Tagged
fdny
new york city
public safety
e-bikes
Politics
Giulia Heyward
Giulia Heyward is a breaking news reporter on the Day-Of desk. She previously worked at NPR, as a breaking news reporter, and the New York Times, as a reporting fellow on the national desk. Her work has also appeared in CNN, The Atlantic and Politico. Got a tip? Email [email protected] or more securely on signal at 917-715-1458.
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