To: Barbara G. Caplan
City Clerk ,City of Toronto
Department of the City Clerk, City Hall,
Dear Ms. Caplan:
In response to the request for comments on the issue of bicycle licensing, including jurisdiction, cost and enforcement priorities, extensive consultation has been undertaken by this Force in order to present a perspective which considers not only the rights and responsibilities of cyclists, but the extent and level of involvement the Metropolitan Toronto Police Force is able to undertake in addressing this concern.
There is no doubt that the increased number of cyclists appearing on the streets of Metropolitan Toronto, many of whom appear to experience difficulty in complying with traffic laws, causes concern both from a safety, as well as an enforcement perspective. While there will always be some members of the community who feel that laws do not apply to them, by and large the problem appears to be one of information and education.
It is important to note that cyclists can be divided into two broad categories - namely those who utilize this vehicle for recreation or transportation, and those for whom it is a means of employment. In considering the use of licenses as a medium to encourage compliance with the law, the differences between these two groups must be taken into consideration.
With respect to the first group, it is felt that licensing would not have any discernable impact on riding behaviour. While arguments may be presented in support of testing as a means to ensure a minimum level of competence, the administrative and logistic difficulties posed by the number and broad age range of cyclists would make this an arduous option. Further, this is an issue which, to ensure a level of consistency and uniform application, would require implementation at a provincial level, at significant cost.
From a policing perspective, licensing as a means to enhance enforcement is ineffectual. The requirement for cyclists to identify themselves under the Highway Traffic Act is sufficient for policing purposes. With respect to the general cycling population, it is felt by this Force that in lieu of licensing, a major education and public awareness initiative would be beneficial to promote both safety and compliance issues. The Metropolitan Toronto Police Force currently works in conjunction with the City of Toronto Cycling Committee in addressing both cycling education within the Force and public awareness campaigns for the public at large. We are currently examining a modified Selective Traffic Enforcement Program (STEP) to approach this issue, although this is an initiative which is costly and requires the involvement and participation of media, community, government and police.
The Force is also undertaking the development of a Decentralized Training package for all its officers pertaining to bicycle safety and enforcement, to ensure appropriate charges are laid where warranted. Together with the continued development and deployment of bicycle units at various divisions, concerns relating to the "recreation/transportation" cyclists can be addressed.
In relation to the second category of cyclists - the couriers - an alternative approach must be examined. Considerable concern has been voiced by both the public and police officers with respect to the riding practices of some couriers. While they make up a relatively small percentage of the cycling population, their high profile has generated a variety of complaints ranging from the frightening of pedestrians to the causing of injuries and damage.
It is agreed that a system of licensing could ensure a minimum level of operational competence and safety knowledge prior to the issuing of a courier licence, and where appropriate, re-testing and refresher courses. Questions are raised however, as to the uniformity and control of a licensing system. Would licences be issued to only those couriers on bicycles, or would the system extend to other modes of transportation utilized? Would the loss of one's "courier licence" due to numerous riding infractions restrict that individual's right to ride a bicycle while not acting in a courier capacity? This results in a considerably more complicated enforcement scenario.
There is a further concern over jurisdiction, and the application of such an initiative without agreement across the metropolitan area. To be effective, the system should encompass all of Metropolitan Toronto, with some thought given to the inclusion of neighbouring cities and/or regions. Without a regionally uniform approach, the issue of enforcement becomes inequitable. At the same time, the cost of implementing such a system must also be closely scrutinized, with a thorough evaluation of alternative approaches to the encouragement of appropriate cycling behaviour.
From a policing and enforcement perspective, the same considerations applied to the general cycling population can be applied to couriers. Under the Highway Traffic Act, all cyclists are required to identify themselves, and it is not felt that the specific licensing of this group would result in a major shift in enforcement capability.
Considerable attention should be given to the involvement of courier companies in addressing this issue, and in promoting the concepts of bicycle safety and legal compliance for their employees. Together with public awareness and enforcement, it is likely the problems can be resolved in a constructive manner. Should the evaluation of these approaches not indicate a positive level of change, the impact of courier licensing would require further examination.
William McCormack
Chief of Police
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