Bicycle USA, January/February, 1992
by Denise Jones
There have been bicycle couriers for almost as long as there have beenbicycles. However, those halcyon days of yesteryear, when the friendlypaper boy and the bow-tied Western Union man ruled the streets, are nomore. Enter today's bicycle courier, a lean, mean, lycra-clad machine.
In recent years, there has been a lot of hullabaloo about bicycle couriersbeing outlaws and a public nuisance. They have been perceived as a dangerto pedestrians, motorists and themselves. And, while the negative aspectsof the industry have been well-publicized, the positive aspects have beensummarily ignored. John Allen, the League of American Wheelmen (L.A.W.)State Legislative Representative for Massachusetts, suggests that partof the problem stems from the fact that the bicycle courier industry "hasgrown ahead of the social infrastructure to support and regulate it."He quoted a 1987 newspaper article which said that in New York City therehad been 281 people killed in collisions with bicycles, cars, and pedestrians.However, the article failed to mention, that , of those 281 people , 278of them were pedestrians killed by motorists, two were bicyclists killedin collisions with pedestrians, and only one was a pedestrian killed bya bicyclist. Clearly, bicycle couriers are getting some bad press.
What are some of the positive aspects of the bicycle courier industry?For starters, it cuts down on pollution. There is no need to remind theAmerican public that our planet faces some serious challenges on the environmentalfront. Bicycles area perfect way to negate some of the pollution that ischoking our world. At the local level, as much as 90 percent of the airpollution is generated from automobiles and trucks. So, the next time youare coughing up a lung because you are stuck behind a delivery truck spewingout black smoke, think how much nicer it would be if it were a non-pollutingbicycle courier instead. Then, go home and call your local bicycle advocacyorganization and find out what you can do to help promote bicycling.
In addition to their non-polluting nature, bicycle couriers also helpclear up some inner-city congestion. Studies have shown that even a smallreduction in the amount of automobiles on the streets could lead to a significantdecrease in traffic congestion. One less car stalling or blocking an intersectionwill effectively lessen the amount of traffic hold-ups and headaches.
The bicycle courier, with speed and charisma, delivers important documentsfor architects, lawyers, publishers and various other clients. And contraryto popular belief, the courier companies contacted for this article saidthat FAXing has not negatively affected the courier business long termas much as its initial impact portended. Hugh Sutherland, vice-presidentof US Express in Washington D.C., commented that while FAXing did takea "significant piece of the business, it has also changed the industrya bit. Now the documents my couriers deliver are of a more sensitive nature,the less important ones are FAXed." In addition, somethings like architecturalplans just can't be FAXed effectively, nor can various items which couriercompanies deliver such as pantyhose or portfolios for models. Bicycle couriersperform these much needed services, all without any pollution and withouttaking up any significant amount of space. Pretty neat, huh?
However, while the industry is a plus for the environment, it has beencontended that it has negatively affected public safety. City streets arepotential minefields waiting to explode, and lack of understanding betweenbicyclists and motorists and pedestrians has made the situation hard todiffuse.
Bicycle couriers, just as the Pony Express Riders with which they'vebeen compared, must face and overcome many daunting obstacles. Gruellingrides across deserts and mountain ranges have become daring adventuresdown clogged city streets. An opening car door may not be as glamorousas an Indian arrow, but both are potentially lethal. Potholes, pollution,pedestrians, and pugnacious auto mobile drivers are a few of the hazardswhich couriers must overcome to keep alive while earning their daily bread.
Lest we forget, these people are professionals merely doing their job.As in many professions, there will always be a few renegades making everyoneelse look bad by blatantly disregarding the rules. To address these offenders,couriers in New York are subject to the same penalties as automobile drivers.Couriers, too, will get points on their driving record for any violations.But, on the whole, most bicycle couriers are not so foolhardy with theirlives. There's an old saying in the industry that was related by Tom Pendleton,a bicycle advocate in Washington, that "there are bold couriers, andold couriers, but no old, bold couriers."
In addition, because couriers get paid (in almost all cases) by commission,the traditional belief has been that their greedy quest for cash promptsthem to such recklessness. However, there are two sides to every story,and according to Sutherland, it seems that the messenger services' customersare partly to blame. They want their packages NOW and the couriers areexpected to comply.
How can we negate or minimize some of the hazards facing bicycle couriersfrom the public and vice versa? Well, Pendleton and others have promotedthe building and use of bike lanes. However, courier company representativesfeel that bike lanes are totally useless. Gary Boukis, the owner of MagicMessenger Service in Baltimore said that bike lanes are "horrible,"that "a bicycle should act like a car and ride down the lane, noton the shoulder." One reason for this is that it is on the side ofthe road and in bike lanes where couriers get doored, which according todelivery firms, is the number one cause of in jury to couriers. In addition,pedestrians and parked cars often block bike lanes.
Dennis Kelly, general manager of Congressional Delivery in Washingtonasserts that the safest place to be on a bike is in the flow of traffic.He said traffic is more predictable there than on the side of the roador the sidewalk where couriers are often forced to go. He feels that bikelane traffic is unpredictable because it consists of a diverse mixtureof people walking, cycling, and pushing baby carriages. "There arethree times as many accidents in the bike lanes as in the flow of traffic,"he said. Courier companies believe that courier safety would be increasedif the public realized that bicyclists are a legitimate part of traffic.
In addition, everyone from bicycle advocates to courier company ownershas agreed that it is both the courier company's and the bicyclist's dutyto be trained in and to obey traffic laws. Rob Kotch, owner of BreakawayCouriers in New York, puts his bicyclists through a safety orientationcomplete with a list of horrifying accidents to weed out the faint of heart.His good safety record stems in part from the selectivity he exhibits whenhiring new bicycle couriers. Couriers with bad safety records are a riskno delivery company will tolerate.
Additional steps continue to be taken to promote courier and publicsafety. Many cities, like New York, Boston, and Washington, have introducedlegislation to regulate courier conduct by making it mandatory for bicyclecourier services to be registered and their bicyclists licensed. However,few municipalities have actually turned this into law. New York is oneof the few. There, couriers must be li censed and registered and they mustcarry some identification. This promotes less recklessness, for the simplereason that if riders are easy to identify, they'll be less likely to committraffic violations. How ever, Kelly feels that government officials mustbe vigilant in enforcing legislation and that this is where the growingnumber of police on bikes will become particularly useful.
An interesting fact in the courier industry is that most companies considerbi cycle couriers as independent contractors rather than employees. However,Pendleton says the Internal Revenue Service (IRS) doesn't consider anyonean independent contractor unless they have a substantial investment inthe company. Pendleton said that a bicycle is not considered a substantialenough investment. However, Sutherland stated that the investment of abicycle is substantial enough to warrant the title of independent contractorto a courier.
Whether the technical answer to this question is yes or no, there stillremains the fact that for all practical purposes, a bicycle courier isconsidered an independent contractor to most of the companies in Washington,Boston, and Baltimore. This status has some interesting implications asfar as courier safety is concerned. As independent contractors, bicyclecouriers do not have to bow to company policy. For instance, while couriercompanies may recommend helmet use, they cannot require their couriersto wear them. In addition, couriers are liable for any accident damages;the company is technically not responsible for their actions.
It is encouraging to note, however, that many companies are concernedfor their couriers' safety. While US Express may not require their couriersto wear helmets, they do strongly recommend it, and many of their couriersare wise enough to do so. Also, Sutherland acknowledged that US Expresscarries a very large liability policy on their couriers. While they arenot technically responsible for their couriers, he states that the companydoes realize the need for legal protection.
However, independent contracting does not seem to be the best of allpossible worlds as far as the bicycle courier is concerned. At CongressionalDelivery, couriers are considered employees a rarity in Washington. DennisKelly said that their company interpreted the guidelines set down by theIRS to indicate that couriers are, indeed, employees and not independentcontractors. He added that Congressional Delivery is interested in stayingon the right side of the law and of the IRS.
One would think that every company would want to stay off of the IRShit list, but employing independent contractors is more lucrative. Couriercompanies do not have to pay any social security tax, or workman's compensationfor independent contractors, nor do they have to worry about deductingany income tax. So, independent contractors' paychecks may initially lookbetter, but contractors get all the tax headaches and their company getsall the benefits. It's for exactly this reason that Congressional Deliveryhas no problems finding employees and keeping them.
Breakaway Couriers in New York has employees, not independent contractors,as do most of the courier companies in the Big Apple. The IRS cracked downon this situation a few years ago, and as a result, many courier companieswere driven out of business. These companies had to pay massive amountsof back taxes for the past hiring of independent contractors. Rob Kotch,owner of Breakaway, thanks his lucky stars that he started out his businessconsidering bicycle couriers as employees. He said that the whole independentcontracting business was a nightmare of unpaid taxes and IRS headaches,especially since the tax agency keeps changing the rules.
In regard to company liability for their couriers, Kotch vehementlyinsists that it is "utter nonsense" that the company is not heldfinancially responsible in accident situations. Rather, the "deeppocket theory is usually put into practice. If a person sues a courierbecause he or she inflicted injury upon them, and does not receive remuneration,they'll pursue the deeper pockets of the courier companies.
Despite all the problems, bicycle couriers are still utilized by manybusinesses. With a little cooperation between motorists, pedestrians, andbicyclists, most of the hazards inherent in this business can be greatlyreduced. And when all is said and done, perhaps Jon Orcutt, the directorof Transportation Alternatives in New York, said it best when he describedthe bicycle courier system as a "model industry...the appropriatetechnology for the appropriate terrain."
Denise Jones is an English major at Towson State University, nearBaltimore, Maryland.
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