Tuesday, March 25, 2014

Beach Road Bunch Cycling Photo Road Rule 126 'must leave a safe stopping distance behind' No Stopping Zones Community Safety









"I argue it is negligent for a cycling bunch to be a no stopping zone"

Pete Dowe
Road Safety Advocate

http://petedoweroadsafetyadvocate.blogspot.com.au/2013/12/cycling-public-liability-negligence-all.html










































  


“The evidence establishes that there can be difficulties,

especially for inexperienced cyclists, in stopping safely 

when traffic lights are red, when they are riding in bunches.”


CycleSport Victoria and Amy Gillett Foundation submission to Coroner Johnstone’s inquest into the death of Pedestrian James Gould.


Negligence is a failure to take reasonable care to avoid causing injury or loss to another person. There are four steps in proving negligence. The plaintiff must prove:
  • that there is a duty in the circumstances to take care duty of care
  • that the behaviour or inaction of the defendant in the circumstances did not meet the standard of care which a reasonable person would meet in the circumstances (breach of duty)
  • that the plaintiff has suffered injury or loss which a reasonable person in the circumstances could have been expected to foresee (damage)
  • that the damage was caused by the breach of duty (causation).



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





“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

Victorian Government Gazette



Road Rule 126. Keeping a safe distance behind vehicles


A driver must drive a sufficient distance behind a vehicle 
travelling in front of the driver so the driver can, 

if necessary, stop safely to avoid a collision with 

the vehicle.


http://petedoweroadsafetyadvocate.blogspot.com.au/2013/12/cycling-public-liability-negligence-all.html

http://petedoweroadsafetyadvocate.blogspot.com.au/2013/12/cycling-bunch-cycling-beach-road-bunch.html


http://petedoweroadsafetyadvocate.blogspot.com.au/2014/03/cycling-walking-pedestrian-death_14.html












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