by Herald staff and wire services
Boston Herald, January 6, 1999
See note below for missing facts
A Lowell man remained in serious condition yesterday at Massachusetts General Hospital, a day after he was struck by a bicyclist in downtown Boston.
John Falante, 54, was injured on Monday, the first business day after a new law regulating the city's bicycle couriers went into effect.
The cyclist, Darrin Linder of Boston, was an employee of Brookline-based Boston Express Delivery Services. He was not injured.
Linder, 23, told police that he had recently dropped off a company van and was riding his own bicycle at the time of the accident, said police spokeswoman Detective Sgt. Margot Hill.
Hill said Boston Express Delivery Services was not properly licensed to operate in Boston, and has so far been fined $500 - or $100 for each day since Jan. 1.
Police said they are unsure if Linder will be fined in connection with the accident because they do not know if he was working as a courier at the time.
Boston Express advertises its use of bike couriers. Company officials refused comment yesterday.
The tough new legislation requires bicycle couriers to have licenses, identification numbers, license plates and $200,000 insurance coverage. City officials pushed for the law after a courier hit and severely injured school committee member William Spring.
Since much of the reporting in this accident is selective when it comes to the facts, Messengerville has included some. These types of serious accidents involving bike couriers are extremely rare. The Gladstone/Spring accident occurred when a pedestrian (Spring) ran across the street against a red light and collided with the cyclist (Gladstone) who was proceeding through a green light.
The bicycle messenger ordinance in effect at the time already required bicycle couriers to have licenses, wear visible identification numbers, and have license plates on their bikes. It also required messenger companies to register with the city. Much to the dismay of the anti-bike types, the only new requirement is insurance. Automobile couriers face no similar requirements.
Since the accident took place at an intersection crosswalk Gladstone was ticketed because, under the law vehicles must yield to pedestrians in the crosswalk - even if the pedestrian is jaywalking. The fines he received were: "$100 for not wearing the vest required under a city ordinance; $100 for not being licensed, and $20 under the state law mandating deference to pedestrians in crosswalks. In other words $200 for bureaucratic violations and $20 for traffic violations.
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