Metropolitan Legal Department, May 9, 1991
MEMORANDUM
To: Councillor Howard Moscoe, Chairman of the Sub-Committee on Bicycle Couriers
From: H. W. O. Doyle, Metropolitan Solicitor
Subject: Licensing of Bicycle Couriers
Recommendation:
It is recommended that this report be received for information.
Background:
The Sub-Committee requested that I prepare a draft by-law, in consultation with the General Manager, Metropolitan Licensing Commission for the licensing of bicycle couriers including the following requirements:
(1) bicycle couriers must carry photo identification which must, as a condition of receiving a licence, be produced upon the request of a police officer or an inspector of the Metropolitan Licensing Commission or, in the event of an accident, upon the request of any party involved in the accident; (2) bicycle couriers must be identified by company and licence number, such identification to be affixed both to the bicycle and the clothing of the courier; (3) bicycle couriers must successfully complete an examination indicating awareness of the rules of the road, the Licensing By-law and a code of conduct; (4) bicycle couriers must wear acceptable protective devices; and (5) bicycle courier companies must be licensed. A copy of the draft by-law is attached as Schedule I.
Metropolitan Solicitor
SCHEDULE I DRAFT BY-LAW
THE MUNICIPALITY OF METROPOLITAN TORONTO
BY-LAW No.
To further amend By-law No.. 20-85 respecting the licensing, regulation and governing of trades, callings, businesses and occupations in the Metropolitan Area.
1. Section 1 of By-law No. 20-85, a By-law "respecting the licensing, regulating and governing of trades, callings, businesses and occupations in the Metropolitan area , as amended, is further amended by adding thereto the following subsections:
(2) "bicycle" means a bicycle as defined from time to time, in the Highway Traffic Act R.S.O. 1980 c.198 as amended;
(3)"bicycle courier" means a person who rides a bicycle in the provision of bicycle courier service;
(3a)"bicycle courier service" means the business of delivering or transporting goods by bicycle;
2. Subsection 1(12) of the said By-law No. 20-285 is amended by adding hereto the following clause:
(d) bicycle
3. Section 2 of the said By-law No. 20-85 is amended by adding thereto the following subsections:
(12a) every bicycle courier
(12b) every person who owns or operates a bicycle courier service.
4. Schedule 1 to the said By-law No. 20-85 is amended by adding thereto under Columns 1, 2 and 3 respectively the following
Bicycle Courier:
for initial licence $93.00 on March 31rst
for renewal $30.00 on March 31rst
Owner/Operator of Bicycle Courier Service
for initial licence - first vehicle $136.00 on March 31rst
for each additional vehicle $73.00 on March 31rst
for each renewal - each vehicle $73.00 on March 31rst
5. The said By-law No. 20-85 is amended by adding thereto the schedule attached as Appendix "A".
6. This By-law shall come into force on the________ day of __________, 1991
ENACTED AND PASSED this _______day of _________ A.D.1991
APPENDIX "A"
Schedule 10A to By-law No. 20-85
Relating to Owners and Operators of Bicycle Courier Services and to Bicycle Couriers.
In this Schedule "operator' means the person who owns or operates a bicycle courier service.
2. (1) In addition to any information required to be furnished under sections 5 and 6 of the general provisions of this Bylaw, every applicant for a licence as a bicycle courier:
(a) shall submit with his application three photographs of himself, one of such photographs to be attached to the licence and the other two to be filed with the Commission and, upon application for any renewal of the licence, shall furnish new photographs if required to do so by the Commission;
(b) shall be examined by a person designated by the Commission as to his knowledge of the provisions of this By-law, the rules of the road and any code of conduct adopted by the Commission from time to time for the purposes of this clause; and
(c) before being examined, shall pay the examination fee set by the Commission,
(2) Subsection 1 shall apply to every operator who intends to operate a bicycle as a bicycle courier.
(3) An operator who has complied with subsection 1 shall have his licence as an operator endorsed accordingly.
(4) Any operator who operates a bicycle as a bicycle courier without a licence endorsed as provided in subsection 3 is guilty of an offence.
3. Every bicycle courier and every operator shall carry his or her licence at all times when operating a bicycle as a bicycle courier and shall produce such licence for inspection when requested to do so by
any person authorized by the Commission,
(2) any police officer, or
(3) any person with whom such bicycle courier or operator is involved in an accident.
(4).Every bicycle courier and every operator when operating a bicycle as a bicycle courier shall at all times
(a) ensure that a weather resistant durable sign giving the name and licence number of the operator plainly visible to and readable by persons in proximity is securely affixed to the bicycle;
(b) affix to his or her clothing a sign giving the name and licence number of the operator plainly visible to and readable by persons in proximity;
(c) ensure that the bicycle is mechanically safe; and
(d) wear a protective helmet.
(2) Every operator who permits a bicycle courier to operate a bicycle contrary to subsection 1 is guilty of an offence.
5. (1) Every operator, in respect of each and every bicycle owned or operated in his or her bicycle courier service and in respect of each and every bicycle courier hired or otherwise employed in such bicycle courier service, shall obtain, maintain and pay for a liability insurance policy to cover the trade, business, calling or occupation of the licensee to which the licence pertains with a limit of not less than $ combined bodily injury and property damage, exclusive of costs, for any one accident or occurrence.
(2) the policy referred to in subsection (l) shall be endorsed in the effect that the Commission will be given ten days' notice in writing of any cancelation, expiration or variation in the amount of the policy.
(3) The licensee shall file with the Commission a certified copy of certificate of the policy referred to in subsection (t) forthwith after its issuance.
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