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Business
Practices or Labels?
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By Joe Hendry
Since the 1980’s cities all over the world have increasingly relied on
bike messengers to safely deliver the most urgent packages in
their urban centers. This increase in bicycle traffic has also led to
an
easy scapegoat for the traffic dangers in these same cities. As a
result
of complaints rather than safety concerns, cities often turned to a
system
they like to call “licensing”.
The type of licensing favored as a solution by most cities was a
miserable failure. It was both ineffective and costly. Most cities
adopted a system of licensing that is better termed "labeling" whereby
messengers were required to display a numbered sign on their bike
and/or bag at all times. The thinking behind this type of system is
that a visible label will act as a deterrent to unsafe riding and it
would make it much easier to identify those who
violate traffic laws.
The reality is that none of those benefits were realized and in fact
it lead to harassment of both messengers and other cyclists who may
look
like messengers. It also lead to a DECREASE in traffic enforcement as
police focused on enforcing the bureaucratic requirements of the
labeling laws rather
the original traffic laws. In fact the labeling laws added nothing to
the
already existing traffic laws.
These types of labeling systems come from incorrect perceptions and
misunderstandings about the bicycle courier industry. Many cities look
at bicycle safety
in response to symptoms of the problems. They respond to complaints.
Most
of the complaints are as a result of near misses rather than accidents
and most of these are blamed on the most visible cyclists - bike
messengers.
In Sydney Australia, city council ADMITTED to approving a labeling
system even after a council report indicated the council had "received
numerous complaints about bicycle couriers, DESPITE the small number of
accidents
they cause."
Perception is such a problem that the flawed Australian STAYSAFE 30
report on bicycle messengers relied almost exclusively on anecdotal
evidence,
casual observations, media fluff articles and fashion and lifestyle
television
programs. Whatever statistical evidence was presented was discounted as
unreliable and "significantly underreported" because it did not support
the
inflexible perceived behaviour.
However even the STAYSAFE report recommended solutions include
developing a system of bicycle lanes, including contra flow lanes on
one way streets and pedestrian malls, improved bicycle parking and
bicycle priority signals at selected signalized intersections within
the Sydney central business
district. Unfortunately the council only implemented labeling and
harassment.
A 1992 study on the Safety of Bicycle Couriers in various cities,
(including Washington D.C.) prepared by the Automobile Insurance
Society of Quebec, concluded "it is reasonable to assume that
[couriers] behavior draws attention mainly because their clothing and
bag (often bearing the company name or
courier service logo) make them more visible". In fact couriers "have
no
more of a propensity for accidents per kilometer traveled than other
bicycle
riders; the difference in mishap rates between the two groups might
well
be statistically insignificant. For that reason, caution is advised in
imputing
accident risk to couriers in order to justify specific intervention
targeting
this type of road user."
"There is nothing to indicate, however, that
[messengers] act more recklessly than other cyclists using the downtown
core of a city where vehicular and pedestrian traffic is heavy."
A "labeling" type of licensing system only makes messengers more
visible which explains why public complaints remain unchanged after the
implementation of licensing. However, professional bicycle messengers
are skilled and
knowledgeable riders who recognize their responsibility to better road
safety. They have greater urban experience than other cyclists and
spend
more time on the roads.
Yet there remain great opportunities for messengers to improve their
safety record. The success of these opportunities requires a
collaborative
effort by government, the courier industry and messengers themselves.
First, road safety begins with the road design. Messengers ride on the
most congested and dangerous roads in the city. They are forced to work
on roads that were designed without their safety in mind. These roads
are
designed mainly for the convenience of cars with sidewalks for
pedestrians. Cyclists are barely tolerated. Cities must consider
the safety of ALL road users in urban planning, road design and road
safety decisions in the future.
Second, messenger behavior is heavily influenced by the business
practices of the courier industry itself. The courier industry
practices what the
United Nations and International Labor Organization (ILO) terms
"disguised
employment." Many companies disguise their messengers as independent
contractors
in order to avoid their statutory obligations such as workers
compensation,
labor standards and payroll taxes. By hiding from these legal
requirements
companies contribute to more dangerous roads by forcing messengers to
work
on commission often for less than minimum wage. In fact these companies
use
their disguised status to exert even more control over messengers than
they
would employees.
Messengers are paid on commissions that companies have continually
lowered in order to focus on volume. In addition many companies lure
clients by
offering discounts on the more time sensitive items sent by bike
messenger
but charge extra for the longer distance items sent by car. As a result
bike couriers must ride faster and longer to make the same money they
made
in years past.
Courier companies also disguise their employees in order to avoid legal
liability in the event of accidents. Recently, the High Court of
Australia (Hollis v Vabu Pty Ltd [2001] HCA 44) ruled that a courier
company was vicariously liable for any injuries inflicted by its
bicycle couriers. The court "found that on the basis of the control
test and other indicators, the bicycle
couriers were clearly employees" and they declared the independent
contractor
label as "unrealistic" when applied to bicycle couriers. If
companies
were forced to accept legal responsibility for their messengers they
would
be encouraged to implement business practices that promoted road safety
but
sadly the messenger courier industry promoties legislative changes that
would
make it even easier for them to disguise employees.
Courier companies offer delivery guarantees that can be dangerous.
Messengers may be required to deliver items in less than 15 minutes or
a half an hour and the messenger may not be paid if he or she is late.
This type of business practice has been shown to increase the risk of
accidents on the roads.
In the past pizza restaurants such as Domino's offered similar delivery
guarantees. Domino's was sued as a result of many accidents involving
their
drivers and these "lawsuits brought the conclusion that the guarantee
was
relevant to the cases". As a result the company dropped the guarantee
after
making payment to the victims of crashes.
It comes as no surprise that courier industry business practices play a
key role in road safety. Nearly every city that looks at the safety of
bicycle messengers has recognized it. In 1987, D.C. Council member Jim
Nathanson (D-Ward 3) said the pressure for couriers to "tempt the
law…{and} be as
quickly free-spirited as they can" comes from the system by which they
are
paid according to the number of deliveries." (Washington Post, October
22,
1987)
A Boston Globe editorial from 1997 also recognized the role of business
practices on messengers. "Couriers operate in a high pressure business
where speed is at a premium, working for commissions as independent
contractors with no benefits. This can encourage reckless riding, and
indeed a culture of risk-taking has developed that attracts
thrill-loving bikers to these jobs. Hundreds of fines have been levied
for infractions of the rules of the
road, but police report that the number of accidents involving cyclists
remain
high." (Boston Globe Editorial, November 8, 1997)
In Toronto, Metro Councilor Howard Moscoe, (who was investigating
licensing for bicycle couriers) noted that "it's the nature of the
business to be
reckless…. It's free enterprise on wheels. The whole system just
encourages
(the couriers) to whiz around as fast as they can, bowling people over,
bolting in front of cars and causing havoc." Bike couriers, Moscoe
notes
are paid strictly on commission, with their take based solely by the
number
of deliveries they make." And Toronto city planner, Dan Egan suggested
"that
paying couriers an hourly wage would slow them down." (Toronto Star,
July
15, 1990)
Now some of these comments are obviously exaggerated and influenced by
the speaker's own perceptions and bias but they do address the root
problem rather than the symptoms. The business practices of the courier
industry are a deterrent to road safety. Fortunately for the community
this is partially offset by the skill and vulnerability of bicycle
messengers on the roads. Ultimately if cities wish to improve the
safety of bike messengers they
must address the business practices of the messenger courier industry.
More on business practices from the DBCA here and here.
More on licensing at Messengerville
Next: Diguised Employees
Back to : The
end of messengers?
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