BIKE LAW: MESSENGERS

ILLINOIS STATUTE - COMMERCIAL MESSENGER SERVICES

CHICAGO MUNICIPAL ORDINANCES

BICYCLE MESSENGER SERVICES

"Central business area" means the area bounded by a line as follows: beginning at the easternmost point of Division Street extended to Lake Michigan; then west on Division Street to LaSalle Street; then south on LaSalle Street to Chicago Avenue; then west on Chicago Avenue to Halsted Street; then south on HaIsted Street to Roosevelt Road; then east on Roosevelt Road to its easternmost point extended to Lake Michigan
"Bicycle messenger services" means the delivery by bicycle for hire of packages, parcels, food, papers or any other items on behalf of any commercial, industrial, governmental, charitable or other enterprise
"Bicycle" includes any vehicle defined in Section 9120-010 and any other vehicle that would be included within such definition but for the size of the vehicle's wheels.
"Bicycle operator" means a person who makes deliveries by bicycle on behalf of a bicycle messenger service.
"Person" includes any natural person, corporation, firm, partnership, joint venture, association or other entity.
"Commissioner" means the commissioner of consumer services.

(a) No person shall engage in the occupation of providing bicycle messenger services within the central business area without having secured a license issued under this chapter The license shall be in addition to any other license required by law

(b) This section shall not apply to a person who provides bicycle messenger services exclusively for himself or herself, or for his or her employer This section shall, however, apply to a person who provides bicycle messenger services as an independent contractor for any person other than pursuant to a contract with a person with a license issued under this chapter

The annual fee for a license issued under this chanter shall be $70 00 and shall not be prorated The license period shall begin September 1st of each year and end August 31st of the following year.

Application for a bicycle messenger service license shall be made in writing to the director of revenue or his or her designee on a form provided by the director and signed and sworn to by the applicant or, if the applicant is a corporation, by its authorized agent. The director of revenue shall forward copies of each application to the commissioner, who may advise the director at, to whether the application meets the requirements of this chapter. Each application shall contain:

(a) The full name, residence and business address and the business telephone number of the applicant;

(b) If the applicant is a corporation:

(1) The corporate name and business of the applicant;
(2) The date and state of incorporation; and
(3) The names, residence addresses and residence telephone numbers of the corporate officers and its registered agent;

(c) If the applicant is a partnership:

(1) The name and business address and telephone number of the principal office or place of business, of the applicant;
(2) The names, residence addresses and residence telephone numbers of all partners; and
(3) The name, address and telephone number of a person authorized to receive notices issued pursuant to this chapter. Each corporate applicant for a bicycle messenger license shall be organized and qualified to do business under the laws of the state of Illinois.

(a) Each applicant for a bicycle messenger service license shall provide proof that the applicant and each bicycle operator engaged by him has insurance coverage in the following minimum amounts:

(1) $50,000.00 for property damages;
(2) $50,000.00 for injures to or death of any one person; and
(3) $100,000.00 for injures to or death of more than one person in any one accident. In addition, worker's compensation coverage must be provided as required by state law.

(b) Any insurance policy required by this section must be in a form satisfactory to the commissioner and must provide that the policy will not be canceled and the amount of coverage will not be changed unless 60 days' prior written notice is given to the commissioner.

Every licensee shall maintain records of all bicycle operators operating on the licensee's behalf. The records shall include the name and address of each bicycle operator and the identification number or letters required under Section 4- 168-070 for each operator. The identification number or letters assigned to a bicycle operator shall not be assigned to or used by any other operator unless such transfer is necessary because of a change in employment status. The records required by this section shall be made available to the commissioner at his or her request, and shall be maintained for at least two years.

(a) Every licensee shall supply each bicycle operator operating on the licensee's behalf:

(1) a safety helmet meeting nationally recognized safety requirements; and
(2) a safety vest or other garment of a bright color, prominently displaying the name of the licensee in letters at least one and one-half inches high, and a number or letters or a combination thereof at least four inches high which, in conjunction with the displayed name of the licensee, will form a unique combination permitting identification of the bicycle operator. All letters and numbers shall be of a color contrasting with the background of the garment. The identification number or letters required by this paragraph shall also appear on the bicycle in accordance with rules and regulations promulgated by the commissioner.

(b) The operation of a bicycle in the central business area on behalf of any licensee without the equipment required by this section is a violation of this section and shall create a rebuttable presumption that the licensee has violated this section.

(a) Every licensee shall issue to each bicycle operator an identification card containing at least the following information:

(1) The bicycle operator's name;
(2) The bicycle operator's identification number or letters that he is required to wear pursuant to Section 4-168-070;
(3) The licensee's name, business address, telephone number and bicycle messenger service license number; and
(4) The name of the insurance company that has issued the insurance policy required under Section 4-168-040 and the policy number of such policy. The identification card must also display a clear photograph of the bicycle operator.

(b) No bicycle operator may operate a bicycle within the central business area on behalf of any licensee without having on his person an identification card meeting the requirements of subsection (a) of this section. Any such person must permit a city employee who has the responsibility to enforce this chapter to examine such card whenever the city employee on the course of his or her duties asks the person to do so. The failure of a bicycle operator to comply with this section shall create a rebuttable presumption that the licensee has violated this section.

(a) If any licensee violates any provision of this chapter or any rule or regulation promulgated hereunder, the commissioner may seek revocation or suspension of the licensee's license and/or the imposition of a fine up to $500.00 on the licensee, in accordance with the procedures described in this section.

(b) Before any suspension or fine is imposed, the licensee shall be notified by:

(i) first class or express mail, or overnight carrier, or personal service, of the specific charges against him and of his right to a hearing. The licensee may request such a hearing in writing not more than 10 days after receiving notification of the charges. (i) prior to the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2-1-190(c) of this code, the hearing may be conducted by the commissioner of his designee. If, after the hearing, the commissioner determines that a violation has occurred, the commissioner shall enter an order suspending the license and/or imposing a fine. An order by the commissioner imposing a suspension and/or fine may be appealed by the licensee to the mayor's license commission.
(ii) After the exercise of exclusive jurisdiction by the department of administrative hearings in accordance with Section 2- 14-190(c) of this code. upon receipt of a request for a hearing commissioner shall institute an action with the department of administrative hearings which shall appoint an administrative law officer who shall conduct the hearing. If after the hearing. the administrative law officer determines that a violation has occurred. the administrative law officer shall enter an order suspending the license and or imposing a fine.
(iii ) Notwithstanding the exercise of exclusive jurisdiction by the department of administrative hearings, if no timely request is made for a hearing and the commissioner determines that a violation has occurred. the commissioner may enter an order suspending the license and/or imposing a fine.

(c) Hearings held under this section shall be conducted in substantially the same manner as those which are conducted pursuant to Chapters 9-104 and 9-112 of this code. Any person whose license is revoked under this chapter shall be ineligible to receive another license under this chapter for a one-year period following revocation.

(d) The commissioner may file a petition with the mayor's license commission to seek revocation of a license. Following a hearing conducted in accordance with its rules, the commission shall determine whether revocation is warranted or a lesser penalty, if any, shall be imposed.

The commissioner shall have the authority to promulgate rules and regulations necessary or desirable for the administration of this chapter

The commissioner and the director of revenue shall have the authority to administer and enforce this chapter. The department of police shall have the authority to enforce the safety-related provisions of this chapter and all traffic laws, ordinances, rules and regulations as they apply to bicycle messenger operators.

Any person who is found guilty of violating this chapter shall be subject to a fine of not less than $25.00 and not more than $500.00 for each such violation. However, any person found guilty of violating this chapter by engaging in the occupation of providing bicycle messenger services in the central business area without a license required by this chapter shall be subject to a minimum fine of $100.00. Each day that any violation shall continue shall be deemed a separate and distinct offense. A second or subsequent intentional violation of this chapter committed within 12 months after a previous conviction under this chapter may be punished as a misdemeanor by a fine of up to $500.00, or a period of incarceration not exceeding seven days, or community service, or any combination thereof, pursuant to Section 1-2-1.1 of the Illinois Municipal Code.

625 ILCS 5/11 Rules of the Road - Bicycles