The Municipality of Metropolitan Toronto

Draft By-law To Licence Bicycle Couriers

Metropolitan Legal Department, May 9, 1991

MEMORANDUM

To: Councillor Howard Moscoe, Chairman of the Sub-Committee on BicycleCouriers

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 consultationwith the General Manager, Metropolitan Licensing Commission for the licensingof bicycle couriers including the following requirements:

(1) bicycle couriers must carry photo identification which must, asa condition of receiving a licence, be produced upon the request of a policeofficer or an inspector of the Metropolitan Licensing Commission or, inthe event of an accident, upon the request of any party involved in theaccident; (2) bicycle couriers must be identified by company and licencenumber, such identification to be affixed both to the bicycle and the clothingof the courier; (3) bicycle couriers must successfully complete an examinationindicating awareness of the rules of the road, the Licensing By-law anda code of conduct; (4) bicycle couriers must wear acceptable protectivedevices; and (5) bicycle courier companies must be licensed. A copy ofthe 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, regulationand governing of trades, callings, businesses and occupations in the MetropolitanArea.

1. Section 1 of By-law No. 20-85, a By-law "respecting the licensing,regulating and governing of trades, callings, businesses and occupationsin the Metropolitan area , as amended, is further amended by adding theretothe 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 inthe provision of bicycle courier service;

(3a)"bicycle courier service" means the business of deliveringor transporting goods by bicycle;

2. Subsection 1(12) of the said By-law No. 20-285 is amended by addinghereto the following clause:

(d) bicycle

3. Section 2 of the said By-law No. 20-85 is amended by adding theretothe 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 theretounder 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 scheduleattached 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 andto Bicycle Couriers.

In this Schedule "operator' means the person who owns or operatesa bicycle courier service.

2. (1) In addition to any information required to be furnished undersections 5 and 6 of the general provisions of this Bylaw, every applicantfor 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 twoto be filed with the Commission and, upon application for any renewal ofthe licence, shall furnish new photographs if required to do so by theCommission;

(b) shall be examined by a person designated by the Commission as tohis knowledge of the provisions of this By-law, the rules of the road andany code of conduct adopted by the Commission from time to time for thepurposes of this clause; and

(c) before being examined, shall pay the examination fee set by theCommission,

(2) Subsection 1 shall apply to every operator who intends to operatea bicycle as a bicycle courier.

(3) An operator who has complied with subsection 1 shall have his licenceas an operator endorsed accordingly.

(4) Any operator who operates a bicycle as a bicycle courier withouta licence endorsed as provided in subsection 3 is guilty of an offence.

3. Every bicycle courier and every operator shall carry his or her licenceat all times when operating a bicycle as a bicycle courier and shall producesuch 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 involvedin an accident.

(4).Every bicycle courier and every operator when operating a bicycleas a bicycle courier shall at all times

(a) ensure that a weather resistant durable sign giving the name andlicence number of the operator plainly visible to and readable by personsin proximity is securely affixed to the bicycle;

(b) affix to his or her clothing a sign giving the name and licencenumber 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 bicyclecontrary to subsection 1 is guilty of an offence.

5. (1) Every operator, in respect of each and every bicycle owned oroperated in his or her bicycle courier service and in respect of each andevery bicycle courier hired or otherwise employed in such bicycle courierservice, shall obtain, maintain and pay for a liability insurance policyto cover the trade, business, calling or occupation of the licensee towhich the licence pertains with a limit of not less than $ combined bodilyinjury and property damage, exclusive of costs, for any one accident oroccurrence.

(2) the policy referred to in subsection (l) shall be endorsed in theeffect that the Commission will be given ten days' notice in writing ofany cancelation, expiration or variation in the amount of the policy.

(3) The licensee shall file with the Commission a certified copy ofcertificate of the policy referred to in subsection (t) forthwith afterits issuance.


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