Monday, December 30, 2013

Cycling Bunch Cycling Negligence "if a Bunch Rider(s) was breaking a road rule when its negligence caused a serious trauma injury" Muggaccinos Beach Road Bunch Cycling No Stopping Zones



Civil Liability & Personal Responsibility Acts obligate the NTC to regulate Bunch Riding because it breaches Regulation 126 and may also breach Regulation 151
Bunch Riders are flagrantly breaching Regulation 126 of the Australian Road Rules and may also be breaching sub-clause (1) or (2) of Regulation 151 "Riding a motor bike or bicycle alongside more than 1 other rider", thereby possibly jeopardising any public liability insurance cover that they may want to rely on because public liability insurers, hereinafter Insurers, might deny liability to a negligent Bunch Rider(s) if a Bunch Rider(s) was breaking a road rule when its negligence caused a serious trauma injury to a third party

"Cycling fast in a large juggernaut sometimes less than 60cm apart up to 50km/p/h might constitute “riding in a dangerous, careless or reckless manner”, particularly if traffic lights are along the route and a serious accident occurs involving a pedestrian."

"Greater participation in bunch rides as a result of promotion by website BunchRideFinder, may evidence more riders cycling with others whose skill level is not well known and who may not always provide risk warning signals “down the line”.

"Some bike shops have attracted more and more “newcomers” to their Bunch Rides, a good thing so long as these “rookies” understand each party’s duty of care and the risks of harm. " 



Bunch Riding, Bunch Ride or Bunch Riders, according to BunchRideFinder, which has a vested interest in encouraging Bunch Riding, it is "cycling in a tight bunch in order to ride further and/or faster than individual riders or riding in a non-organised group."
Reasons to Bunch Ride also include:
(a)         Aerodynamic benefit of being “blocked from the wind” referred to as ‘drafting’ or ‘slipstreaming’
(b)         Opportunity to cycle at a steady pace with like-minded people
(c)         Increased visibility of a large group
(d)         Challenging sensation of pushing oneself to the limit amongst respected peers
(e)         Acquiring the discipline, concentration and focus of riding quickly in an organized bunch
(f)          Build social networks whilst riding or at a café at the end of the ride
Some bike shops have attracted more and more “newcomers” to their Bunch Rides, a good thing so long as these “rookies” understand each party’s duty of care and the risks of harm.  Seemingly some of the larger bike shops that provide regular Bunch Rides are targeting customers who will trade-off obtaining the lowest purchase price for image/aura/profile (i.e. opportunity to wear a cycle jersey worn by lots of “serious” cyclists).  Perhaps these shops believe that the administrative cost of organising regular Bunch Rides with large numbers of riders, all wearing the bike shop’s jersey, represents valuable marketing dollars.
Greater participation in bunch rides as a result of promotion by website BunchRideFinder, may evidence more riders cycling with others whose skill level is not well known and who may not always provide risk warning signals “down the line”.
Is Bunch Riding materially more dangerous?  Website “aboc cycle coaching, Vic” reported, “At aboc, we have long held the belief that the Hell Ride was an accident waiting to happen, and our worst fears were confirmed.” No Bunch Ride organiser would want a coronial enquiry to deduce that its weekly Bunch Ride was “an accident waiting to happen”. The below referenced aboc cycle coaching website recommends a maximum of 15 riders in any Bunch Ride and provides reasons to support that recommendation:
So what makes a Bunch Ride OK?
Would a bunch be easier for a motorist to pass if it was no longer than a semi-trailer?  And separated from another bunch by at least 100m unless overtaking.
Is there a need to cap the length of a bunch?  A semi-trailer can be as long as 8 motor cars, say 25m and travelling around the prevailing speed limit.  However, a 60 strong bunch, 30 bicycles deep, can be almost 90m long and when travelling less than 20km p/h up a hill on a busy road, may frustrate motorists.
Cycling fast in a large juggernaut sometimes less than 60cm apart up to 50km/p/h might constitute “riding in a dangerous, careless or reckless manner”, particularly if traffic lights are along the route and a serious accident occurs involving a pedestrian.




 





 http://www.muggaccinos.com/Liability/BrakeCalcs/MyStuff/A_vocal_minority_has_over_ruled.htm

http://www.muggaccinos.com/Liability/BrakeCalcs/MyStuff/Bunch_Riding.htm


(1)        The rider of a motor bike or bicycle must not ride on a road that is not a multi-lane road alongside more than 1 other rider, unless subrule (3) applies to the rider.
Offence provision.
Note Bicyclemotor bike and multi-lane road are defined in the dictionary, and rider is defined in rule 17.
(2)        The rider of a motor bike or bicycle must not ride in a marked lane alongside more than 1 other rider in the marked lane, unless subrule (3) applies to the rider.
Offence provision.
Note Marked lane is defined in the dictionary.
(3)      The rider of a motor bike or bicycle may ride alongside more than 1 other rider if the rider is:
          (a)     overtaking the other riders; or
          (b)     permitted to do so under another law of this jurisdiction.
Note Overtake is defined in the dictionary.
(4)        If the rider of a motor bike or bicycle is riding on a road that is not a multi-lane road alongside another rider, or in a marked lane alongside another rider in the marked lane, the rider must ride not over 1.5 metres from the other rider.
Offence provision.
(5)     In this rule:
road does not include a road-related area, but includes a bicycle path, shared path and any shoulder of the road.
Note Bicycle path is defined in rule 239, road-related area is defined in rule 13, shared path is defined in rule 242, and shoulder is defined in Rule 12.



http://www.muggaccinos.com/Liability/BrakeCalcs/AustRoadRules/AusyRoadRulesFeb12.pdf

Road Rule 126. Keeping a safe distance behind vehicles

A driver (rider) must drive (ride) a sufficient distance behind a (bicycle) vehicle 

travelling in front of the driver (rider) so the driver (rider) can, if necessary, 

stop safely to avoid a collision with the (bicycle) vehicle (in front).

* braquets added by Pete Dowe


“Most rules in the Road Rules apply to bicycle riders in the same way

as they apply to drivers—

There are some other rules that are for bicycle riders only,

or that have exceptions for bicycle riders.”

Road Rules Victoria 1999





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