Danelle Laidlaw, Executive Director Bicycling Association of BC
John Whistler, Chairman Vancouver Bicycle Advisory Committee
In 1989 the City of Vancouver established a testing and licensing program for bicycle couriers operating within the city. This seminar looks at the format of the program, processes leading to the implementation of the program, and a review of the program. In preparation for this seminar surveys were conducted of couriers and courier companies in addition to interviews with the local police and other affected agencies. This seminar could be of interest to representatives from other cities that might be considering similar programs, and it attempts to review the potential problems and issues that are raised by this type of regulation.
HISTORY
In 1987, Vancouver City Council was concerned about the conduct of the growing number of bicycle couriers working in the downtown core. Significant complaints from the public had bean received about couriers ignoring traffic laws and there were increases in incidents of accidents, particularly with pedestrians. The City Engineering Department had recently established a Bicycle Program Co-ordinator and this position was assigned the task to establish a program to regulate and control the bicycle couriers.
The initial recommendation to City Council was for a licensing program to be centred around an 8 hour training course based on the nationally recognized CAN-BIKE program. After successful completion of the training program, a courier could then obtain their licence and seek employment and work legally. The City Council considered the training aspect of the program too controversial as similar training is not required for a drivers licence or to ride a bicycle for other purposes. The resulting bylaw, eliminated the requirement for training, but maintained the requirement for a written and road test. Implementation was set for January 1 1989.
The bureaucracy to administer the program and the testing processes had to be set up. In spite of many strategy meetings, in late 1988 it was obvious the program could not be implemented by Jan. l. Of the estimated 200 active couriers only a few had shown up at the publicized testing times. Either the couriers were not aware of the new regulations or they did not take it seriously. A four month grace period was given (warnings only were issued) and the program was given further publicity.
FORMAT OF PROGRAM
The administration of the program is divided up between testing and licensing. Testing is contracted out to the Bicycling Association of BC (BABC), who receives a yearly grant from the City and receives the $ 10.00 (CDN) testing fee. Upon successful completion of the test, the licence and subsequent renewals, is obtained from the City Department of Permits and Licences.
Potential couriers can obtain a study package from the BABC offices, which is recommended before taking the written test. In addition, seminars are held periodically to educate people about the program. The written test consists of 20 multiple choice questions modified from the examination used for Effective Cycling students. There is an over 40% failure rate, mostly because of a lack of knowledge. Applicants with limited English and who misunderstand the questions is a concern and the test has been revised once to ensure clear unambiguous questions that are limited to traffic situations. All the BABC staff have been trained to administrate and review the test with applicants so there is an understanding of why particular answers may have been wrong.
After completing successfully the written test an applicant can then take the road test. Testing is done once a week by a Can Bike II certified instructor on a one to one basis with each applicant, and consists of a short ride through the downtown core. Again there is a failure rate of approximately 40%, again mostly because of a lack of knowledge.
COURIER WORKING CONDITIONS
In preparing for this seminar a survey was conducted of bicycle couriers and courier companies.
The typical courier profile is male, 24 years old, works 8.5 hours a day for a daily wage of $80.00, has 1.5 years of post secondary education and has been employed as a courier for 2.5 years. All respondents ware paid by commission which encourages couriers to be aggressive in their deliveries, explaining in part the reason that traffic laws are often ignored.
The couriers tended to be negative towards the testing and licensing program, feeling it to be an impediment to their job. Though it was felt the tests were basically fair few respondents felt the program had improved their cycling skills. Some couriers were satisfied that the program, with licence plates, enhanced their profession and helped legitimize their use of the roads. Others though noted the licence plates to be a mark for police harassment.
Disproportionate enforcement by police of traffic laws was a complaint by most couriers with many reporting receiving fines for minor offenses, meanwhile violations by other cyclists are ignored. The survey results did not give strong support to this concern. Though the average courier received 2.75 traffic violations in the last 12 months, half the respondents did not receive any violations, while a few received a significant number. The feeling of unfair enforcement can be partially explained by the relatively high cost of fines, which are the same for motor vehicles (typical fine is $100.00, which includes riding on a sidewalk or in a crosswalk, and the fine for operating a bicycle without a bell is $75.00). There is also little enforcement of cyclist behaviour throughout the city, and compounded by poor education, other cyclists can be seen frequently breaking the law.
Most couriers noted safety concerns about motor vehicles, in particular drivers who are either inattentive or are unaware of cyclists rights on the road. The survey showed safety to be an issue and a significant amount of time is missed because of work related injuries, with the average courier missing over 12 days in the last 12 months. This high rate of injuries tends to reinforce the need for training and testing of couriers. Helmet usage (which is not required by Workers Compensation Board (WCB) regulations) tends to be all the time or not at all, and over 60% reported using helmets (the City Engineering Department estimated 40% of downtown bicycle commuters used helmets in a 1991 survey). This was the only aspect of the survey with significant differences between male and female respondents (females had higher helmet usage and lower work days missed because of injuries).
There is no formal association or trade union for couriers, who must work well independently because of the nature of the job. Many courier companies employ cyclists with some having close to 20, while some couriers have developed their own cliental and work as independents. The companies in general are satisfied with the performance of their bicycle couriers and noted they are profitable. The companies did note that their bicycle couriers did tend to have poorer attendance records and to be short term employees.
PROBLEMS, POTENTIAL SOLUTIONS, FUTURE OF PROGRAM
The establishment of the testing and licensing program raised a number of issues, many of which are still not resolved completely. These issues include:
Definition of a bicycle courier - This issue was a source of considerable debate. The Vancouver program covers couriers who work for courier companies only. People who use bicycles to deliver goods for companies not in the delivery business are not required to be licenced (ie newspaper carriers, delivery person for drug stores, etc.).
Should the program be expanded to include other classes of cyclists - (i.e. newspaper carriers, delivery person for drug stores, commuter cyclists, cyclists operating in downtown core, etc.).
Appropriate written and road tests - To what standards should bicycle couriers be measured against?
Accessibility of tests - Are the tests available at convenient locations and times? Do the tests unfairly discriminate against people who have a poor understanding of the English language? As this program can limit employment opportunities it is important it be made as accessibly as practical.
Cooperation of courier companies - Without cooperation implementation can be more difficult.
Appropriateness of laws, fines, and enforcement - The implementation of this program raises the issues of the appropriateness of the laws concerning cyclists in general. Existing ineffective legislation or inappropriate fines will make the selling of a testing and licensing program more difficult to couriers.
Maintaining the security and integrity of the program - Systems have to be in place to prevent fraud (couriers switching plates, people standing in for others during tests, etc.) Enforcement is required to ensure compliance (compliance is quite high in the Vancouver program). There is also personal security issues for testers who sometimes have to deal with irate applicants that fail their test.
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