Date: June 19, 1992
To: City Services Committee
From: Toronto City Cycling Committee
Recommendations:
1.That City Council not license bicycles or cyclists for the following reasons:
a. that implementing a bicycle registration program (licensing the vehicle is not an effective method to change cycling behaviour,
b that the licensing of cyclists in the City of Toronto is not necessary for enforcement purposes because Police have the power through the Highway Traffic Act (HTA) to obtain identification of a cyclist and lo issue tickets.
c. that the licensing of bicycle couriers is not necessary for enforcement purposes because Police have the power through the Highway Traffic (HTA) to obtain identification of a cyclist and to issue tickets.
2. That the Toronto City Cycling Committee, in conjunction with the Metro Toronto Police Force, the Metro Licensing Commission, and the bicycle courier industry, report back on programs that would increase bicycle couriers’ compliance with the law, including information on:
i) the effect of increased enforcement
ii) the impact of proposed licensing on the courier industry
iii) education programs for couriers
iv) improvements in drop off locations for deliveries and other facilities
3. That City Council request that the Metro Toronto Police Force, in conjunction with the City Cycling Committee, pursue an expanded Selective Traffic Enforcement Program to deal with safety concerns related lo cyclists, including data collection on the number of accidents and the number of tickets issued to violators of the HTA and City and Metro By-laws.
4. That the Toronto City Cycling Committee continue to expand cycling education programs for adult and child cyclists, through the CANBIKE education programs and report back on the development of these programs during the 1993 budget process.
Background:
The City Services Committee is considering the issue of licensing cyclists as a way of:
a) reducing the number of accidents caused by non-compliance with the HTA and municipal by- laws.
b) reducing the number of accidents that are caused by lack of skill or knowledge of a cyclist in how to deal with complex traffic situations.
c) addressing pedestrian and motorist complaints about irresponsible cycling behaviour.
d) addressing cyclists' concerns about safety.
The following is the Toronto City Cycling Committee's position on these four points.
a) Compliance with the Laws:
To achieve a reduction in accidents, licensing would have to effectively change cyclists' compliance with the Highway Traffic Act and Municipal by-laws. The Metro Toronto Police Force has said that "from a policing perspective, licensing as a means to enhance enforcement is ineffectual. The requirement for cyclists to identify themselves under the HTA is sufficient for policing purposes" (May 20, 1992 letter to the City Clerk). In fact, the Toronto City Cycling Committee initiated the request for change in the HTA to require that cyclist identify themselves to Police at its 1985 Cycling and the Law Conference. With the adoption of Bill 219 in 1988, Police have had the ability to stop and ticket cyclists who are in violation of the law. Therefore, a bicycle licensing program would be unnecessary and ineffectual to increasing enforcement. Police resources should be directed at enforcement of existing traffic laws and should not be diverted to enforcement of a licensing law.
b) Increase in skill and knowledge of the cyclist:
If a licensing program is to be effective in reducing accidents, it must increase the skill level of cyclists in dealing with complex traffic situations found in the City of Toronto. Registering bicycles, that is putting license plates on bicycles will not increase cyclists' skill, knowledge, or compliance with the law. Rather, the bicycle rider would have to be licensed to allow for effective education. This could include a written and on-road test similar to motor vehicle licensing. Although licensing could ensure mandatory cyclist testing, this would be an expensive program. If funds are limited, it would be more effective to use those funds to develop the CANBIKE program and other training program for cyclists. c) Addressing pedestrian and motorist complaints about irresponsible cycling behaviour:
Cyclists who ride on the sidewalk can be a hazard to pedestrians. Increased enforcement of, and education about., by-law 522-78 is necessary. However, licensing cyclists would not improve enforcement of this by-law or other HTA infractions, as Police will not issue a traffic ticket against a license number of a vehicle based on a report by a bystander. Police must stop the driver/rider at the time of the violation. Committee members have received limited anecdotal reports of situations involving both cyclists (at fault) and pedestrians (at fault) who leave an accident without identifying themselves. But the Committee is not aware of any statistics on these situations. The issue of lack of identification in the case of a hit and run incident needs further investigation and comment by the Metro Toronto Police Force.
d) Addressing cyclists concerns about safety
Most. cyclists share motorist and pedestrian concerns about irresponsible cycling behaviour. Increased enforcement, increased education and improved on-road facilities will combine to alleviate the problem. Education must also be available to all road users, including new drivers, and pedestrians concerning the proper operation of a bicycle in traffic. Many individuals do not know that a bicycle, as a vehicle, is allowed to make a left turn from the centre of the left turn lane. Many individuals do not, realize that a bicycle should be ridden legally down the middle of a lane when it is too narrow to share. It is understandable when members of the general public complain about cyclists riding irresponsibly. But, there is danger to cyclists in the fact that members of the public also complain about the presence or positioning on the road of cyclists who are operating their vehicles in a legal and safe manner.
Cyclists also have concerns about the level of enforcement of infractions by motorists and pedestrians that cause injuries and deaths to cyclists. In approximately two thirds of bike accidents reported to the Police the motorist was at fault.
Comments on Recommendations:
1a. That implementing a bicycle registration program (licensing the vehicle) is not an effective method to change cycling behaviour.
Vehicle registration does not assist the police in enforcing the law and does nothing to educate the rider. Theft of bicycle license plates, along with theft of other safety equipment (i.e. bells, lights, mirrors, etc.) is a major problem for cyclists and complicates the effectiveness of a licensing program. Bicycle registration programs were in place in Toronto between 1935 and 1956 and were discontinued because bicycle vehicle licensing involved excessive costs for minimal effectiveness. The Committee believes that bicycle vehicle registration is the least effective way of increasing rider compliance with the law.
Bicycle registration as an antitheft measure will have to be reassessed due to the high rate of bicycle theft in the City of Toronto. Bicycle registration in the past has only been of minor assistance in returning bicycles that have been stolen and recovered by the Police. The Police currently operate a voluntary registration program for bicycles.
1b. That the licensing of cyclists in the City of Toronto is not necessary for enforcement purposes because Police have the power through the Highway Traffic Act (HTA) to obtain identification of a cyclist and to issue tickets.
Licensing of cyclists in a similar manner to licensing of motorists could ensure mandatory cyclist testing because an effective program would include both on-road and written tests. A licensing program also might ensure that the general public is more aware that a bicycle is a legitimate vehicle and not a toy. There are benefits to each of these points. However, licensing cyclists at this level must be evaluated on the basis of the cost to administer and enforce the program, problems of jurisdiction, minimum age of cyclists to be licensed and effectiveness of such a program in increasing compliance with the law.
Jurisdiction:
It would be impractical for the City or Metro to implement a local bicycle licensing program due to the number of bicycles that cross boundaries. Municipalities can only license bicycles of residents within their municipality. Police would have no way of knowing which cyclists are residents of Toronto and which cyclists live elsewhere. This would become more important as cyclists have the opportunity to combine modes of transportation (e.g. GO trains and bicycles).
Cost:
Extra staff would be required at Motor Vehicle Licensing Offices throughout the Province if the Government of Ontario were to assume responsibility of licensing and administering the tests. The unit cost for licensing one car driver is $25.00 (according to the Ministry of Transportation), which includes direct costs for written and driving tests and the license itself. This does not include the cost of program development, rental for buildings and support personnel required to administer the licensing program. If the costs are the same for licensing a cyclist, than the minimum cost for licensing the 400,000 plus adult cyclists (age 15 and over) in Metro Toronto would be more than $10,000,000. It is unrealistic to expect that casual cyclists, (those that ride once or twice a year) would be willing to pay for a license on a cost recovery basis. Such a licensing program may reduce the number of cyclists, which would be contrary to long standing Council policy and the Toronto City Cycling Committee mandate of encouraging bicycle transportation.
Age of Cyclists:
Enforcement of cycling related laws create special problems in relation to children. Under the age of 12, children are immune from prosecution whether they have licenses or not. If a child was not under direct parental supervision at the time of offence, the parent cannot be charged because they would have no knowledge about the child's behaviour. Because children start riding bicycles at an early age, it is difficult to decide on an appropriate age to begin licensing.
Cost Effectiveness:
If licensing is not necessary for enforcement purposes, the Committee suggests that the resources used to administer the license, test the cyclist, and enforce the licensing program would be better allocated to enforcement of existing laws and promotion of bicycle education courses.
1c. That the licensing of bicycle couriers is not necessary for enforcement purposes. Police have the power through the Highway Traffic Act (HTA) to obtain identification of cyclists and to issue tickets.
At this time the City Cycling Committee is not recommending bicycle courier licensing as necessary for enforcement purposes. The HTA and municipal by-laws apply to all cyclists and the Police have the authority to ticket all violators.
2. That the Toronto City Cycling Committee, in conjunction with the Metro Toronto Police Force, the Metro Licensing Commission, and the bicycle courier industry, report back on programs that would increase bicycle couriers’ compliance with the law, including information on:
i) the effect of increased enforcement
ii) the impact of proposed licensing on the courier industry
iii)education programs for couriers
iv) improvements in drop off location for deliveries and other facilities
i) the effect of increased enforcement
With the introduction of the STEP program, Police Officers will be increasing the level of enforcement of bicycle infractions. This will affect bicycle couriers and should have an impact on riding behaviour. A bicycle courier who makes $100 per day cannot afford a $83.75 ticket for riding on the sidewalk.
ii) the impact of proposed licensing on the courier industry
The Committee will continue to investigate the issue of licensing of bicycle couriers as one of the possible strategies to influence riding behaviour. The Committee is monitoring the number of tickets issued to bicycle couriers by 52 Division Police. In the summer of 1991, half of the tickets issued to cyclists were issued to regular cyclists, half to bicycle couriers. The Committee has requested a breakdown in the number of accidents involving bicycle couriers and will encourage courier companies to assist us in this data collection. While we lack good statistical data on accidents involving bicycle couriers, studies in other major centres suggest that bicycle couriers do not have, per kilometre travelled, an accident rate above the average for all cyclists.
The Committee also needs to review the implications of licensing on the courier industry. Bicycle couriers provide a valuable service to the City by reducing congestion and pollution. If licensing fees were prohibitive, courier companies might switch to motorized vehicles.
iii) education programs for couriers
To date, only three bicycle couriers have taken the CANBIKE II education course. The Committee plans to encourage more couriers and their companies to become involved in this program. The Committee is working with couriers on a "code of ethics" and other incentives to promote an image of couriers as "expert and legal" bicycle operators.
iv) improvements in drop off locations for deliveries and other facilities
The Committee continues to meet on a regular basis with bicycle couriers to discuss problems in the industry. Lack of courier bicycle parking and easy access to buildings often leads to short cuts" (e.g. riding the wrong way on one way streets, and riding on sidewalks). Conditions that encourage these short cuts must be addressed by not just the couriers, but also by courier companies and building managers. The piece-rate pay system means couriers must ride fast to make a decent wage and dealing with this situation must involve the cooperation of their employers.
The Toronto City Cycling Committee, in a separate report to City Services Committee, has requested that Council appoint a member of the bike courier industry to sit as an official representative on the Committee. The Committee wants to foster a closer working relationship with bike couriers on these issues.
3. That City Council request that the Metro Toronto Police Force, in conjunction with the City Cycling Committee, pursue an expanded Selective Traffic Enforcement Program to deal with safety concerns related to cyclists, including data collection on the number of accidents and the number of tickets issued to violators of the HTA and City and Metro By-laws.
The Committee supports the increase in enforcement of existing traffic laws as the single most effective method of increasing cyclists' compliance with the law.
4. That the Toronto City Cycling Committee continue to expand cycling education programs for adult and child cyclists, through the CANBIKE education programs and report back on the development of these programs during the 1993 budget process.
The Committee recognizes that cyclists who are well educated will ride more responsibly. A skilled cycling population means that more peer pressure will be exerted on cyclists who ride illegally and irresponsibly. The CANBIKE program consists of on-road courses designed for both novice and experienced cyclists. CANBIKE graduates include members of the Police Bike Squads, teachers and City employees who use their bike for work. The Committee considers that bicycle education is an important factor in increasing cyclist compliance with the law.
Dec. 3, 1992
Metro Councillor Bev Salmon
Committee Chairman, Legislation and Licensing Committee
55 John St. Toronto ON. M5V 3C6
Dear Councillor Salmon:
The Toronto City Cycling Committee is reporting to Toronto City Council on the issue of licensing Bicycle Couriers. in order to complete this report, the Committee needs to continue its previous work with the Legislation and Licensing Committee to acquire additional information on this matter. Without this information we cannot adequately assess the effects of licensing on this industry.
As you know, bike couriers provide a valuable service to businesses in the downtown core. We would not want to intervene in established commercial relationships without understanding the repercussions. Bicycle couriers are a unique part of the cartage industry because they provide a low-cost, efficient and dependable delivery service to large and small businesses.
We also do not want to disrupt the livelihood of people employed in this industry. Income levels for bike couriers are marginal, which makes them vulnerable. In addition, the City is committed to reducing air pollution and congestion especially in the downtown core where many bicycle couriers work. The Cycling Committee needs to evaluate whether licensing bicycle couriers will force companies to drop bicycle deliveries in favour of car deliveries.
Additionally, the City is committed to reducing air pollution and congestion especially in the downtown core where many bicycle couriers work. The Committee needs to evaluate whether licensing bicycle couriers will force companies to drop bicycle deliveries in favour of car deliveries.
The Cycling Committee is also committed to improving safety and reducing accidents involving cyclists and other road users. Obviously, any proposed licensing program must consider whether substantial gains can be made in reducing injuries and accidents. This information is crucial to us to be able to report back on the effects of licensing on this industry.
At this point, the Cycling Committee has a fair understanding of the concerns of bicycle couriers. We have been working with bicycle couriers on safety related issues and will have a courier representative appointed by City Council to sit. on the Committee beginning in 1993. However, we need further information on the impact of licensing on the courier companies.
I am requesting your assistance to provide the following information:
1. How many Courier Companies employ bicycle couriers?
2. How many car bicycle and walking couriers are employed at each company? (please include information on those working seasonally in the summer and those working year-round)
3.Are bicycle and walking couriers employees of the company or individual agents contracted by the company?
4 Are bicycle couriers working for courier companies currently covered by any kind of insurance or benefits? (include information on third party liability, as well as personal health and workman's compensation insurance).
5. What proportion of deliveries made by the courier company are made by bicycle couriers and walking couriers ? What distances do these couriers cover? What is the average price per delivery of goods and what portion of that fee is earned by the courier? What is the average weekly wage of a bicycle courier?
6. How many bicycle couriers have accidents with (a) cars, (b) pedestrians, (c) road hazards (eg. tracks)? How many bicycle couriers in your service would you estimate receive tickets far- Highway Traffic Act infractions?
7. What would be the impact of bicycle courier licensing on the courier company?
If the Licensing Commission does not have this information, the Committee would be happy to help prepare a questionnaire to be distributed to licensed cartage firms.
The Cycling Committee would also appreciate some background information on the workings of the Commission on issues of complaints, fees and training. Can you provide information on how Metro Licensing Commission deals with complaints {on Highway Traffic Act infractions or other citizen complaints) for drivers who are licensed? Can you provide information on the license fee? What portion of that, fee pays for the license, testing, identification and supervision of drivers who are licensed? As the Committee is concerned with safety and training, can you provide information on the "in-house" Taxicab Driver's Training School operated by the Metro Licensing Commission?
The committee has programs of both enforcement and education which will impact courier riding behavior. I have attached a report on licensing with attachments from the Metro Toronto Police Force and Ministry of Transportation.
Thank you for your assistance in this matter.
Sincerely
Councillor Rob Maxwell
Co-Chair Toronto City Cycling Committee
c.c. John Phillips, Legal , Neville Alexander, A.P.U.C., Metro Councillor Howard Moscoe
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