The following is a 1987 report by the Toronto City Cycling Committee to City Council regarding the licensing and registration of couriers and other cyclists.
To: City Services Committee
September 15, 1987
Summary:
The City Cycling Committee agrees with the City Services Committee that blatant disregard for the rules of the road by many bicycle couriers is a serious problem. A registration program for bicycle couriers may be part of the solution. However, further investigation is necessary into the feasibility of a bicycle courier registration program before the Cycling Committee will support the City Services Committee's Recommendation No. 1, that the Metropolitan Licensing Commission be requested to introduce a program for registration of all bicycle couriers.
The City Cycling Committee's main area of concern is enforcement. The successful introduction of such a registration program is dependent on a commitment by the Metropolitan Police Department that compliance with the proposed registration program can and will be fully enforced. Without this commitment the program will not be successful. The Cycling Committee recommends the Metropolitan Licensing Commission be requested to investigate the feasibility of a bicycle courier registration program and that the program be introduced only if enforcement can and will be fully implemented.
Enforcement for couriers alone will not solve the problem. Many cyclists disregard the rules because they know they can get away with it. It is relatively rare for a cyclist to be ticketed in the City of Toronto One of the main reasons for this lack of enforcement is that cyclists are not required to identify themselves when stopped by the police for a traffic offence. Increased enforcement for all cyclists is needed.
The City Cycling Committee fully supports the City Services Committee's Recommendation No. 2 that Council advise the Hon. Ed Fulton, Minister of Transportation and Communications, of its support for the introduction of legislation to require cyclists to identify themselves to police should they be asked to do so and if police suspect that the cyclist has broken the law. Ministry staff have advised us that both the Attorney General and the Solicitor General must be involved in such an amendment to the Highway Traffic Act because it may require changes in the provincial Offenders Act. City Council should also be requested to advise the Attorney General and the Solicitor General of its support for introduction of this legislation.
Background:
At its meetings of August 10 and 14, 1987 City Council gave consideration to Clause 12 contained in Report No. 15 of the City Services Committee, entitled "Registration of Bicycle Couriers and Legislation for Cyclists". Council referred this Clause back to the City Services Committee for comment from the City Cycling Committee and subsequent report to City Council by the end of September 1987.
The City Services Committee made the following recommendations in Clause 12 contained in Report No. 15:
1. The Metropolitan Licensing Commission be requested to introduce a program for the registration of all bicycle couriers and which would require that such couriers carry an identification plate on the bicycle clearly visible to the public.
2. Council advise the Honourable Ed Fulton, Minister of Transportation and Communications, of its support for the introduction of legislation to require cyclists to identify themselves to police should they be asked to do so and if the police suspect that the cyclist has broken the law.
At its meeting of September 1, 1987 the City Cycling Committee considered the above recommendations and makes the following comments and recommendations.
Comments:
A. Introduction of a Bicycle Courier Registration Program
Further investigation is necessary to determine if a bicycle courier registration program is feasible in the City of Toronto. The City Cycling Committee's main area of concern is enforcement. The City of New York implemented a registration program for bicycle couriers a few years ago which was totally ineffective. The New York program failed because it had no enforcement mechanism. There were no fines or penalties which could be levied against offending couriers or their companies. Most couriers did not comply with the program.
Effective enforcement is absolutely essential to the success of a bicycle courier registration program. It would be meaningless to introduce such a program without prior assurance that it can and would be fully enforced.
The Metropolitan Police Department should be asked to comment on the following three enforcement issues:
1. Will an identification plate attached to the bicycle, clearly visible to the public, increase enforcement?
This suggests that the public will play a major role in enforcement. Will the police be able to press charges against couriers based on reports from the public? Past experience indicates that police will still need to witness traffic violations by licensed couriers in order to ticket them.
On the other hand, an identification plate attached to the bike and clearly visible to the public could assist the public in identifying offending cyclists in hit and run cases. In the absence of a Highway Traffic Act amendment to require cyclists to identify themselves to police, a courier identification plate could assist police to identify couriers they have apprehended.
2. Can the police ensure that all bicycle couriers comply with licensing requirements?
In the City of New York all bicycle couriers were required to attach a sign to their bicycle displaying their company's name and their identification number. Couriers simply did not comply with this because there was no enforcement. It will not be an easy task to ensure that all bicycle couriers comply with licensing requirements in Toronto.
There is only one bicycle courier company in Toronto. For many of their riders, being a bicycle courier is a full-time, year-round job. There are also many other courier companies who add a few bike couriers for the summer months. There is a high turnover rate among these casual bike couriers. They are often on the road for two weeks or less and are probably less likely to comply with licensing requirements than the full-time professional bicycle couriers. For the proposed registration program to be enforced fairly all bicycle couriers and their companies must comply.
3. How will police prove that a cyclist is operating as a courier without a license?
Police must be able and willing to fine couriers, and the companies, who do not comply with licensing requirements. First the police must be able to prove that a cyclist is operating as a courier without a license. To prove that a taxi driver is operating without a license the Metro Licensing Commission must follow the driver and witness a fare being dropped off/picked up and money changing hands. It may be more difficult to prove that a cyclist is operating as a courier without a license.
Enforcement aside, the City is also concerned about how the registration program will work. Will the cyclist or the company be responsible for obtaining the appropriate courier licenses? Appendix A, "New York Police Regulations Governing Bicycles Used For Commercial Purposes" outlines some of the logistics that will need to be considered in establishing a registration program
One potentially positive benefit of a registration program is that bicycle courier applicants could be required to attend a training session or, at the very least, pass a written exam. This could ensure knowledge of the rules of the road for all couriers.
The City Cycling Committee feels that there is insufficient information at this time to recommend that the Metropolitan Licensing Committee introduce a registration program for bicycle couriers. Further investigation is necessary respecting the feasibility of the program, especially concerning enforcements.
It should also be made very clear that the proposed registration program would require bicycle couriers to obtain a license as commercial operators, not a license for their bicycles. This license should be easily transferrable from bike to bike, as professional bicycle couriers generally use more than one bike. Licensing of bicycles or licensing of non-commercial cyclists is not supported by the City Cycling Committee at this time. The 1985 Conference on Cycling and the Law concluded that licensing of bicycles or cyclists was not a cost-effective method of improving cyclist skills and behaviour. This can be more effectively accomplished through education and enforcement.
B. Legislation for Cyclists
There are probably no more than 200 bicycle couriers during the busiest summer months. They account for only a small percentage of adult cyclists in the City. While it may be true that their disregard for traffic rules encourages other cyclists to do the same, they are certainly not the only source of concern. Increased education and enforcement for all cyclists is important if we are to increase their compliance with traffic rules and reduce the number of car/bike and bike/pedestrian conflicts in the City. The City Cycling Committee has made cyclist education its number one priority for the past three years. The success of our education program is limited by the lack of enforcement. The introduction of legislation to require cyclists to identify themselves to police will enable more effective enforcement.
At its meeting of February 11, 1985 City Council endorsed the City Cycling Committee's recommendation that cyclists be required to identify themselves to police officers and advised the Municipality of Metropolitan Toronto, the Government of Ontario and the Association of Municipalities of Ontario of their endorsation. Twelve other Ontario municipalities have also requested the Hon. Ed Fulton, Minister of Transportation and Communications to introduce legislation requiring cyclists to identify themselves to police.
Planning and Development Department staff and the City Cycling Committee have met with the Hon. Ed Fulton, Minister of Transportation and Communications, to request the appropriate Highway Traffic Act amendment. Following several meetings with the Ministry's Safety Policy Co-ordination Office we were informed that staff recommendations were made to the Minister and final decision rests with the Cabinet. We were hoping for the introduction of legislation in the fall but the provincial election has postponed that.
Ministry staff have also informed the Cycling Committee that introduction of this legislation will require the co-operation of the Attorney General and the Solicitor General because it may involve changes to the Provincial Offences Act. The Attorney General and the Solicitor General should also be informed of City Council's support for the introduction of legislation to require cyclists to identify themselves.
Recommendations:
In consultation with the Planning and Development Department, Ministry of Transportation and Communications,'Sun Wheel Bicycle Courier Company and the New York City Bicycle Coordinator, the City Cycling Committee, recommends:
1. That the Metropolitan Licensing Commission, in consultation with the City Cycling Committee, be requested to investigate a program for the registration of all bicycle couriers, and that such a program be implemented only if enforcement can and will be fully implemented.
2. That City Council advise the Hon. Ed Fulton, Minister of Transportation and Communications of its support for the introduction of legislation to require cyclists to identify themselves to police should they be asked to do so and if the police suspect that the cyclist has broken the law.
3. That recommendation No. 2 also be forwarded to the Attorney General and the Solicitor General of Ontario.
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