Bicycle USA, January/February, 1992
by Denise Jones
There have been bicycle couriers for almost as long as there have been bicycles. However, those halcyon days of yesteryear, when the friendly paper boy and the bow-tied Western Union man ruled the streets, are no more. Enter today's bicycle courier, a lean, mean, lycra-clad machine.
In recent years, there has been a lot of hullabaloo about bicycle couriers being outlaws and a public nuisance. They have been perceived as a danger to pedestrians, motorists and themselves. And, while the negative aspects of the industry have been well-publicized, the positive aspects have been summarily ignored. John Allen, the League of American Wheelmen (L.A.W.) State Legislative Representative for Massachusetts, suggests that part of the problem stems from the fact that the bicycle courier industry "has grown ahead of the social infrastructure to support and regulate it." He quoted a 1987 newspaper article which said that in New York City there had been 281 people killed in collisions with bicycles, cars, and pedestrians. However, the article failed to mention, that , of those 281 people , 278 of them were pedestrians killed by motorists, two were bicyclists killed in collisions with pedestrians, and only one was a pedestrian killed by a bicyclist. Clearly, bicycle couriers are getting some bad press.
What are some of the positive aspects of the bicycle courier industry? For starters, it cuts down on pollution. There is no need to remind the American public that our planet faces some serious challenges on the environmental front. Bicycles area perfect way to negate some of the pollution that is choking our world. At the local level, as much as 90 percent of the air pollution is generated from automobiles and trucks. So, the next time you are coughing up a lung because you are stuck behind a delivery truck spewing out black smoke, think how much nicer it would be if it were a non-polluting bicycle courier instead. Then, go home and call your local bicycle advocacy organization and find out what you can do to help promote bicycling.
In addition to their non-polluting nature, bicycle couriers also help clear up some inner-city congestion. Studies have shown that even a small reduction in the amount of automobiles on the streets could lead to a significant decrease in traffic congestion. One less car stalling or blocking an intersection will effectively lessen the amount of traffic hold-ups and headaches.
The bicycle courier, with speed and charisma, delivers important documents for architects, lawyers, publishers and various other clients. And contrary to popular belief, the courier companies contacted for this article said that FAXing has not negatively affected the courier business long term as much as its initial impact portended. Hugh Sutherland, vice-president of US Express in Washington D.C., commented that while FAXing did take a "significant piece of the business, it has also changed the industry a bit. Now the documents my couriers deliver are of a more sensitive nature, the less important ones are FAXed." In addition, somethings like architectural plans just can't be FAXed effectively, nor can various items which courier companies deliver such as pantyhose or portfolios for models. Bicycle couriers perform these much needed services, all without any pollution and without taking up any significant amount of space. Pretty neat, huh?
However, while the industry is a plus for the environment, it has been contended that it has negatively affected public safety. City streets are potential minefields waiting to explode, and lack of understanding between bicyclists and motorists and pedestrians has made the situation hard to diffuse.
Bicycle couriers, just as the Pony Express Riders with which they've been compared, must face and overcome many daunting obstacles. Gruelling rides across deserts and mountain ranges have become daring adventures down clogged city streets. An opening car door may not be as glamorous as an Indian arrow, but both are potentially lethal. Potholes, pollution, pedestrians, and pugnacious auto mobile drivers are a few of the hazards which couriers must overcome to keep alive while earning their daily bread.
Lest we forget, these people are professionals merely doing their job. As in many professions, there will always be a few renegades making everyone else look bad by blatantly disregarding the rules. To address these offenders, couriers in New York are subject to the same penalties as automobile drivers. Couriers, too, will get points on their driving record for any violations. But, on the whole, most bicycle couriers are not so foolhardy with their lives. There's an old saying in the industry that was related by Tom Pendleton, a bicycle advocate in Washington, that "there are bold couriers, and old couriers, but no old, bold couriers."
In addition, because couriers get paid (in almost all cases) by commission, the traditional belief has been that their greedy quest for cash prompts them to such recklessness. However, there are two sides to every story, and according to Sutherland, it seems that the messenger services' customers are partly to blame. They want their packages NOW and the couriers are expected to comply.
How can we negate or minimize some of the hazards facing bicycle couriers from the public and vice versa? Well, Pendleton and others have promoted the building and use of bike lanes. However, courier company representatives feel that bike lanes are totally useless. Gary Boukis, the owner of Magic Messenger Service in Baltimore said that bike lanes are "horrible," that "a bicycle should act like a car and ride down the lane, not on the shoulder." One reason for this is that it is on the side of the road and in bike lanes where couriers get doored, which according to delivery firms, is the number one cause of in jury to couriers. In addition, pedestrians and parked cars often block bike lanes.
Dennis Kelly, general manager of Congressional Delivery in Washington asserts that the safest place to be on a bike is in the flow of traffic. He said traffic is more predictable there than on the side of the road or the sidewalk where couriers are often forced to go. He feels that bike lane traffic is unpredictable because it consists of a diverse mixture of people walking, cycling, and pushing baby carriages. "There are three times as many accidents in the bike lanes as in the flow of traffic," he said. Courier companies believe that courier safety would be increased if the public realized that bicyclists are a legitimate part of traffic.
In addition, everyone from bicycle advocates to courier company owners has agreed that it is both the courier company's and the bicyclist's duty to be trained in and to obey traffic laws. Rob Kotch, owner of Breakaway Couriers in New York, puts his bicyclists through a safety orientation complete with a list of horrifying accidents to weed out the faint of heart. His good safety record stems in part from the selectivity he exhibits when hiring new bicycle couriers. Couriers with bad safety records are a risk no delivery company will tolerate.
Additional steps continue to be taken to promote courier and public safety. Many cities, like New York, Boston, and Washington, have introduced legislation to regulate courier conduct by making it mandatory for bicycle courier services to be registered and their bicyclists licensed. However, few municipalities have actually turned this into law. New York is one of the few. There, couriers must be li censed and registered and they must carry some identification. This promotes less recklessness, for the simple reason that if riders are easy to identify, they'll be less likely to commit traffic violations. How ever, Kelly feels that government officials must be vigilant in enforcing legislation and that this is where the growing number of police on bikes will become particularly useful.
An interesting fact in the courier industry is that most companies consider bi cycle couriers as independent contractors rather than employees. However, Pendleton says the Internal Revenue Service (IRS) doesn't consider anyone an independent contractor unless they have a substantial investment in the company. Pendleton said that a bicycle is not considered a substantial enough investment. However, Sutherland stated that the investment of a bicycle is substantial enough to warrant the title of independent contractor to a courier.
Whether the technical answer to this question is yes or no, there still remains the fact that for all practical purposes, a bicycle courier is considered an independent contractor to most of the companies in Washington, Boston, and Baltimore. This status has some interesting implications as far as courier safety is concerned. As independent contractors, bicycle couriers do not have to bow to company policy. For instance, while courier companies may recommend helmet use, they cannot require their couriers to wear them. In addition, couriers are liable for any accident damages; the company is technically not responsible for their actions.
It is encouraging to note, however, that many companies are concerned for their couriers' safety. While US Express may not require their couriers to wear helmets, they do strongly recommend it, and many of their couriers are wise enough to do so. Also, Sutherland acknowledged that US Express carries a very large liability policy on their couriers. While they are not technically responsible for their couriers, he states that the company does realize the need for legal protection.
However, independent contracting does not seem to be the best of all possible worlds as far as the bicycle courier is concerned. At Congressional Delivery, couriers are considered employees a rarity in Washington. Dennis Kelly said that their company interpreted the guidelines set down by the IRS to indicate that couriers are, indeed, employees and not independent contractors. He added that Congressional Delivery is interested in staying on the right side of the law and of the IRS.
One would think that every company would want to stay off of the IRS hit list, but employing independent contractors is more lucrative. Courier companies do not have to pay any social security tax, or workman's compensation for independent contractors, nor do they have to worry about deducting any income tax. So, independent contractors' paychecks may initially look better, but contractors get all the tax headaches and their company gets all the benefits. It's for exactly this reason that Congressional Delivery has no problems finding employees and keeping them.
Breakaway Couriers in New York has employees, not independent contractors, as do most of the courier companies in the Big Apple. The IRS cracked down on this situation a few years ago, and as a result, many courier companies were driven out of business. These companies had to pay massive amounts of back taxes for the past hiring of independent contractors. Rob Kotch, owner of Breakaway, thanks his lucky stars that he started out his business considering bicycle couriers as employees. He said that the whole independent contracting business was a nightmare of unpaid taxes and IRS headaches, especially since the tax agency keeps changing the rules.
In regard to company liability for their couriers, Kotch vehemently insists that it is "utter nonsense" that the company is not held financially responsible in accident situations. Rather, the "deep pocket theory is usually put into practice. If a person sues a courier because he or she inflicted injury upon them, and does not receive remuneration, they'll pursue the deeper pockets of the courier companies.
Despite all the problems, bicycle couriers are still utilized by many businesses. With a little cooperation between motorists, pedestrians, and bicyclists, most of the hazards inherent in this business can be greatly reduced. And when all is said and done, perhaps Jon Orcutt, the director of Transportation Alternatives in New York, said it best when he described the bicycle courier system as a "model industry...the appropriate technology for the appropriate terrain."
Denise Jones is an English major at Towson State University, near Baltimore, Maryland.
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