ORDINANCE OF COUNCILLOR SALERNO
AN ORDINANCE CONCERNING THE REGISTRATION OF COMMERCIAL BICYCLE SERVICES AND THE LICENSING OF COMMERCIAL MESSENGERS
WHEREAS: On any given day, it is estimated that 100 to 150 bicycle couriers ride through Boston streets making deliveries or pick-ups of packages, documents or other small items: and
WHEREAS: Their activities are commercial in that they are compensated by commercial delivery services or directly by firms which engage them; and
WHEREAS: Due to the pressure of deadlines or the demands of increasing business volume, couriers may abandon caution while travelling in streets and at times on sidewalks; and
WHEREAS: Near accidents, endangerment to pedestrians, and traffic fatalities of bicycle couriers emphasize the need for city oversight and intervention; and
WHEREAS: In the interest of public safety, the city properly has responsibility for identifying and holding accountable those persons who operate without consideration of others; therefore be it:
Ordained by the City Council of Boston as follows:
The following is inserted as an addition to the Boston City Code:
REGISTRATION OF BICYCLE MESSENGER SERVICES AND LICENSING OF COMMERCIAL MESSENGERS.
SECTION ONE: PURPOSE
The purpose of this Ordinance is to establish a mechanism for registering commercial bicycle messenger services and licensing commercial messengers as a traffic safety control measure.
SECTION TWO DEFINITIONS:
Where used in this Ordinance, the following terms shall mean:
"Commercial bicycle messenger service" any firm, association, corporation, partnership or joint venture which hires or engages bicyclists for local pick-up, transport, and delivery of small packages, letters, documents, or other articles, including food.
"Commercial bicycle license plate a numbered or letter identification of such material, form, design, and dimension as the Commissioner shall prescribe by regulation.
"Commercial messenger" any person compensated for using a bicycle to carry or transport any article over the public ways in Boston.
"Commissioner Commissioner of the Boston Transportation Department.
"Independent contractor" any person engaged directly by a client or through a commercial bicycle messenger service to pick up, transport, and deliver small packages, letters, documents, or other articles, including food within the local area, at the same time travelling streets in Boston.
"Commercial Bicycle Messenger's License" a numbered permit issued by the Commissioner which includes, but not limited to, the name and address of the applicant.
"Local the metropolitan Boston area.
"Local Delivery" the carrying of any small package, letter, document, or other article, including food, by a bicyclist who travels over the public way in Boston.
"Messenger service bicycle" any self-propelled vehicle having one to three wheels ridden by a commercial messenger.
"Registration" -registration issued by the Commissioner to a commercial bicycle messenger service.
"Rider" a person operating a bicycle while rendering a commercial messenger service.
SECTION THREE: REGISTRATION OF COMMERCIAL BICYCLE MESSENGER SERVICES
(a) Every business which employs or engages a commercial messenger to make local deliveries shall register with the Commissioner or his/her designee.
(b) A registration shall be on a form approved by the Commissioner and shall state, among other information:
1) Name, address and telephone number of the firm or association. 2) Name and address of owner (owners) unless full names are included in title of the business. 3) Statement, updated every six months, indicating number of licensed bicyclists employed by the business and number of licensed independent contractors engaged by the business for delivery services.
(c) As a condition of registration, the commercial bicycle messenger service shall:
1) Keep available for inspection the lists of current employees and independent contractors. 2) Maintain a list of licensed bicycles owned by the business. 3) Be responsible for indoctrinating each employee or independent contractor in safe bicycling techniques.
SECTION FOUR: LICENSING OF COMMERCIAL MESSENGERS.
(a) Each rider using a messenger service bicycle on Boston public ways more than two times a month and receiving compensation for his or her efforts, shall apply for a commercial bicycle messenger's license with the Commissioner on an approved form. This provision shall apply to commercial messengers who reside outside Boston as well as to Boston residents.
(b) The application shall request the applicant's name and home address and such information as the Commissioner deems reasonably necessary. The application may require a signed statement that the registrant is familiar with traffic regulations applying to the operation of bicycles on public ways. The statement may also pledge intention to obey traffic safety rules with respect to the rights of pedestrians. (c) The Commissioner will issue the rider a commercial bicycle messenger's license.
(d) When operating a messenger service bicycle a commercial messenger must carry the commercial bicycle messenger's license that has been issued to him or her by the Commissioner.
(e) A commercial bicycle messenger service which has itself been registered is authorized to receive personal applications from its employees for a commercial bicycle messenger's license. In such instances the firm shall be responsible for obtaining the application to be filed with the Commissioner and obtaining the license to be carried by the employee.
SECTION FIVE: MESSENGER SERVICE BICYCLE LICENSE PLATE
(a) A commercial messenger with a current, valid commercial bicycle messenger's license may apply to the Commissioner for a commercial bicycle license plate for his or her messenger service bicycle. Upon approval of the application, the Commissioner or his or her designee shall issue a commercial bicycle license plate of such material, form, design and dimension as the Commissioner shall prescribe by regulation.
(b) Such bicycle license plate shall be affixed to the rear of the bicycle, the bicycle seat, or the delivery basket or in such manner as the Commissioner shall prescribe.
(c) No rider shall engage in any activity for which a commercial bicycle messenger's license is required hereunder unless such license plate is affixed to his or her bicycle in the manner prescribed.
(d) A commercial bicycle messenger service which has itself been registered, is authorized to apply to the Commissioner for a commercial bicycle license plate for each messenger service bicycle that is owned by the service. Upon approval of the application, the Commissioner or his or her designee shall issue a commercial bicycle license plate of such material, form, design and dimension as the Commissioner shall prescribe by regulation.
SECTION SIX: HEALTH INSURANCE
Every commercial messenger service employing more than six persons other than the owner and manager shall provide medical insurance coverage as required by state statute.
SECTION SEVEN:COSTS
Registrations, commercial bicycle messenger's licenses, and commercial bicycle license plates shall be issued for two-year periods at reasonable cost to encourage participation. A registration of a commercial bicycle delivery service shall not be more than $20. for two years. A commercial bicycle messenger's license shall not be more than $5. for two years. A commercial bicycle license plate shall not be more than $5. for two years.
SECTION EIGHT: RENEWALS
It will be the responsibility of the owner of the commercial messenger service to renew its registration with the Commissioner It will be the responsibility of the individual rider to renew his or her commercial bicycle messenger's license with the Commissioner. It will be the responsibility of the owner of the messenger service bicycle to renew the commercial bicycle license plate with the Commissioner.
SECTION NINE: PENALTIES
A fine of not less than $20 nor more than $100 may be imposed on conviction of a commercial bicycle delivery service rider for violation of this Ordinance. Any person observing reckless operation by a commercial messenger service bicycle rider may file a complaint with the Commissioner or his or her designee citing the commercial bicycle license plate number. As a result of inquiry the Commissioner or his or her designee may convene a hearing at which complainant and rider shall present their statements. If the Commissioner or hearing officer finds there was reckless or negligent operation, he or she may suspend or revoke the commercial bicycle messenger's license of the rider. Appeal of the decision may be made to the District Court having jurisdiction over the situs of the incident.
SECTION TEN: Severability
If any part of this Ordinance is found to be unconstitutional, the remaining portion shall not be disqualified.
If you have comments or suggestions, email me at messvilleto@yahoo.com