Objectives of By-Laws:
to establish a mechanism for registering business bicycle messenger services and licensing commercial messengers (as a traffic safety control measure)
to reduce accidents (injuries and fatalities) involving bicycle couriers
to decrease the number of complaints against bicycle couriers
to increase the accountability of bicycle couriers
to provide a mechanism for dealing with complaints against bicycle couriers
to identify the professional bicycle courier and to encourage a professional image
to educate the general public about the bike courier industry and about hazards on the road (automobiles, pedestrians, cyclists and road maintenance)
to establish a standard of professionalism for bike couriers new to the business
to promote insurance benefits and improvement in bicycle parking facilities for couriers
to encourage the use of bicycles for deliveries
BACKGROUND
Various agencies and individuals have expressed concerns about the presence and actions of currently unlicensed bicycle couriers operating in Metropolitan Toronto. But, in the debate on whether to license bicycle couriers and if so how that can best be done it is important to remember the real service these individuals provide and perform. A system of restrictive licensing or regulation (either economically or in an other fashion) would result in losses to the region and the city reaching far beyond the real value of the several hundred jobs and thus the economic base which bicycle couriers represent.
The profession represents a type of niche job in which predominantly young people of both sexes, work as independent contractors for larger companies, delivering mail or small packages across the Toronto area. Loss of jobs for these workers would likely result in long term unemployment for riders, whose skills are not easily transferrable. Certainly, any regulation or licensing bylaw which would remove or serious restrict an industry providing full-time and season work for several hundred. individuals especially those who are in the hardest to employ demographic bracket (18-25) would be ill considered.
In addition, bicycle messengers represent an extremely efficient, non-polluting method of priority messages deliver in the city without either adding to or increasing existing traffic jams or pollution levels. Were bicycle messengers to be prohibited, the result would be increased automobile and truck use for deliveries carried. out primarily in the central core area. Given the absolute priority voiced by all levels of local and. regional government in improving air quality and decreasing automobile use, this is a possible ramification of prohibitory legislation.
Varying agencies have calculated that cost to the region is between $2,000 and $5,000 annually for each automobile on the road. Taking the average of those two findings ($3500) and multiplying it by 300 bicycle couriers results in a region savings of $1,050,000 in decreased pollution, road maintenance costs, etc. Further, a program which drives individuals from these jobs would simultaneously result in higher unemployment insurance costs to the system at large and, perhaps, higher welfare, job retraining and other forms of social assistance costs.
Thus on one level, bicycle couriers should be viewed as an efficient, energy conserving and infrastructure cost reducing alternative to automobile-based courier systems. In addition, the ranks of this small and independent group of independent business people can be seen as a type of employment whose members at present contribute to the economy but whose skills are not easily transferrable.
CONCERNS AND RECOMMENDATIONS
The Toronto City Cycling Committee is pleased. to be working with the Municipality of Metropolitan Toronto and its Councillors on the issue of bicycling and, specifically, bicycle couriers. A number of suggestions and concerns regarding the amending of By-law No.20-85 are included in this report, a joint effort of both the Toronto City Cycling Committee and an organization of independent couriers.
We think it obvious that both our groups are more than willing to meet Metropolitan Councillors more than half way in addressing the Council's concerns regarding couriers. A great deal of time and effort has gone into drawing up this proposal, including several meetings of the full City Cycling Committee and extra hours donated by its volunteer members who have worked with couriers in creating this proposal.
Not addressed in our suggestions is an issue which strikes at the heart of the amending issue. It has been extremely difficult to precede in this matter because neither Metropolitan Councillors, City Councillors, Toronto or Metropolitan Police, or any other organization has data of a type or depth which can substantiate that a traffic or safety problem exists with bicycle couriers. Nor is there any data to indicate the areas in which bicycle courier-related difficulties occur.
Without this, it is hard to make appropriate suggestions and hard to construe the draft By-Law provided. by your members as anything other than punitive. Since a by-law whose sole purpose is to regulate or restrict a single group on the basis of individual prejudice and without substantiating data is, by definition, a bad one our first inclination is to urge you to table any amendments to By-law 20-85 until such time as hard facts are available to your members and ours. Further, we are concerned when any By-Law restricts a small, economically marginal group's source of income without a compelling reason for that action. To single out bicycle couriers without substantial and verifiable cause strikes os as repugnant and counterproductive.
Examples of our and Council's ignorance on the matter include the following:
1. How many complaints have been made in recent years by citizens angered or concerned with bicycle couriers? What are the nature of these complaints. Has the incidence of civilian complaints been increasing and, if so, by how much? Do the complaints involve on road bicycle behaviour, "rudeness," illegal activities? The amendment is perceived, apparently as necessary at least in part to"increase accountability of bicycled couriers." But constables patrolling 52 Division in Toronto have told us their primary concern is that couriers be forced to identify themselves when requested to do so by police. That is now required under law, so what else is needed?
2. Is the licensing designed, to serve as a "traffic safety control measure," and if so in what way? Are couriers, in fact, a "traffic safety control" problem? Since the number of couriers relative to cars is minuscule and, in fact, bicyclists free the road for larger automobiles in the downtown area where couriers congregate it would seem on first blush that, in fact, bicycle couriers may in fact be a traffic safety control boon, not liability.
3. Do bicycle couriers violate existing traffic laws with greater frequency than other vehicle users? That is, do they in fact behave inappropriately on the road with greater frequency than, say, Taxi drivers, bus drivers, automobile-using couriers and the normal vehicle operator? We suspect there is no evidence (citations per hundred vehicle users, for example) to suggest couriers represent a special class in need of restrictive legislation.
4. Certainly there are some inexperienced couriers who, during the sum-mer months, may be hired by courier companies. But will licensing of individual couriers solve the problem? Perhaps the way to address Council's concerns is through the courier companies. There are certainly couriers who ride inappropriately, just as there are taxi drivers who handle their automobiles in irresponsible ways and normal automobile users whose ability is, to say the least, lamentable. Are accident rates, traffic citation levels, any other measure of infraction such that special action in fact needs to be taken, here, to restrict this small and economically marginal group of independent couriers?
5. We are unaware of any statistics which suggest that bicycle couriers are more greatly involved in injuries or accidents to property than any other type of vehicle user on the road. It is our suspicion, in fact, that the small number of professional couriers now on the road have a lower accident, incident, and arrest rate than is the mean for all vehicle users. They are, after all, rather exposed on their bicycles and in the case of accident or injury most likely to be disabled and thus to loose their source of livelihood. Information on these issues could be collected. But we are unaware of any agency which has, in fact, examined the matter with regard to this type of information. We are thus faced with accepting the assumption of a problem without sufficient information to test the reality of that assumption. This is disturbing. After all, the question should not be whether some people find couriers unpleasant in their attitude or unsightly in their appearance, but rather whether they in any way constitute a greater hazard or danger than other now unregulated couriers and vehicle users. If the issue is one of violation of existing traffic by-laws, then a new, restrictive and regulatory By-Law would be redundant.
Until or unless such data is collected and a problem is shown to exist, we strongly recommend. amending of By-law 20-85 be tabled until such time as a need is shown to exist.
Finally, should Council see fit to pursue this matter at this time, we strongly urge that any fee schedules written into the By-Law be kept low enough to assure that the profession of bicycle courier not be effectively legislated out of existence. Pollution Probe estimates that each automobile on the road receives hidden subsidies (largely through infrastructure costs) of between $2000 and $5000 per year from various levels of government. To the degree these couriers use the bicycle, they are choosing a form of transportation requiring minimal subsidy and thus they save all levels of government monies better spent elsewhere. Further, governments at all levels have argued for a decrease in automobile use and resulting pollutants and wastes resulting from automobile use. Metropolitan Toronto's busy Central Business Districts do not need hundreds of additional cars replacing the bicycles these couriers use.
The Toronto City Cycling Committee (TCCC) has supported couriers in noting that there were problems with licensing and that more consultation was necessary with couriers in order to amend the proposed by-law. After several meetings with bike couriers and the Association of Professional Urban Cyclists (APUC), the attached recommendations were adopted.
The response to these recommendations from the Subcommittee on Licensing Bike Couriers is included (in bold).
RECOMMENDATIONS:
1. That the cost of licensing be minimal. courier licence (individual) $10.00 testing (one time fee) on-road $10.00 written $10.00
photo ID ???? courier licence (company) $10.00
* Agree that cost should be lower than first proposed and should be paid by the courier service not individual bike couriers.
* Subcommittee on licensing bike couriers stated that the TCCC/APUC proposal was too low.
2. That all persons being paid to deliver goods be licensed (including company-operated courier pools, taxis delivering goods, and walking couriers).
* Subcommittee on licensing bike couriers will consider this as part of the proposed by-law.
3. That photo ID be carried by the courier as a wallet card.
* Subcommittee on licensing bike couriers will consider this as part of the proposed by-law.
4. That a license number only be displayed so that it is clearly visible from the rear of the bicycle.
The license can be attached to:(1) the bike; (2) the bag/pannier; (3) clothing, at the discretion of the courier. The Toronto City Cycling Committee and the Association of Professional Urban Cyclists would want input on the design of the license.
* Subcommittee on licensing bike couriers will consider this as part of the proposed by-law.
5. That the introduction of the by-law should allow sufficient time after approval by Council to allow couriers to be tested and acquire the license. Temporary ID cards should be issued for three business days to allow for delays during busy times of the year.
* Subcommittee on licensing bike couriers will consider this as part of the proposed by-law.
6. That the examination requirements for the license be set up and administered by a designate of the Toronto City Cycling Committee in association with the Association of Professional Urban Cyclists. The Toronto City Cycling Committee will offer a CANBIKE II course to a select group of couriers for feedback on the course content as soon as possible. (The CANBIKE II course is used as the basis of testing in Vancouver and has been offered to Police Bike Squads and teachers, as well as to the general public.) Members of the Metro Licensing Commission who deal with complaints about courier riding behaviour must also take the courier on-road and written test.
* Subcommittee on licensing bike couriers WILL NOT consider this as part of the proposed by-law.
7. That administrative assistance be provided to the Toronto City Cycling Committee in association with the Association of Professional Urban Cyclists to conduct the examinations.
* Subcommittee on licensing bike couriers WILL NOT consider this as part of the proposed by-law.
8. That Metro Licensing Commission fund a public education program to inform the public of the requirements of this by-law. The Toronto City Cycling Committee and the Association of Professional Urban Cyclists would be interested in developing such a program.
*Subcommittee on licensing bike couriers WILL NOT consider this as part of the proposed by-law.
9. That helmet and bike maintenance issues not be addressed as mandatory within the by-law. (These issues are more appropriately dealt with as public education issues within the cycling community as a whole under the Highway Traffic Act.)
* Subcommittee on licensing bike couriers accepted this proposal.
10. That a representative from the Toronto City Cycling Committee and the Association of Professional Urban Cyclists sit on any hearing or review committee concerning complaints about courier behaviour.
* Subcommittee on licensing bike couriers WILL NOT consider this as part of the proposed by-law because the review process is open to the public.
11. That the whole issue of insurance be deferred for further study.
12. That all deliveries made to City and Metro government offices must be made by licensed couriers.
* Subcommittee on licensing bike couriers will consider forwarding this proposal.
13. That Metro and the City require all government deliveries under 8 km be done by bicycle courier or walking courier, when practical.
* Subcommittee on licensing bike couriers WILL NOT consider this as part of the proposed by-law.
14. That the City and Metro develop improved facilities for bicycle parking for couriers at all courier destinations in the downtown core.
* Subcommittee on licensing bike couriers will recommend this, but not as part of the proposed by-law.
15. That this program be monitored for a one year period and that Metro Licensing Commission report back on the effects of the program on the courier industry and the effectiveness of the program. The Association of Professional Urban Cyclists, the Toronto City Cycling Committee and the Metro Toronto Police Force should be involved in designing and implementing this review process.
* Subcommittee on licensing bike couriers will consider this as part of the proposed by-law.
16. That data collection should precede implementation of the licensing program so that monitoring can occur.
* Subcommittee on licensing bike couriers WILL NOT consider this as part of the proposed by-law, due to the delay.
17. That the police should differentiate between general public bicyclists and bike couriers when reporting accidents and incidents.
* This is not under the jurisdiction of Metro Licensing.
18. That assistance from the Office for Equal Opportunity be requested in drafting a precise by- law that uses clear language and design principles.
* Subcommittee on licensing bike couriers will consider this as part of the proposed by-law.
19. That representatives from the Toronto City Cycling Committee and the Association of Professional Urban Cyclists meet with the Metro Licensing Courier Subcommittee before finalizing the recommendations listed above. At that time, a final position will be sent to City Services Committee and the Metro Licensing Commission.
See TCCC Final Position Report on Licensing Cyclists and Couriers dated June 19, 1992.
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