Saturday, July 26, 2014

Cycling Negligence Duty of Care "Making it easier for people to take up riding without Bike Lights" Road Rule 259 Comment by Pete Dowe Community Safety



"Five cyclists killed in the last two years were riding in poor light conditions without lights or bright clothing." 


Bicycle Victoria's Report into Cycle Deaths in Victoria (2002)


"...Police visited the Upfield Bike Path at Albert Street, Brunswick one evening recently...

50 sets of lights were provided to intercepted bikes riding without lights after dark. 

No fines were issued..."

Moreland City News/ Moreland Leader June 3rd 2013 


"Cyclists who break the law are much more likely to be killed or seriously injured"

Bicycle Victoria's Report into Cycle Deaths in Victoria (2002)


      In relation to the "Bike Lights Law" : Road Rule 259

cyclists’ voluntary compliance with the Road Rules 

and in particular Road Rule 259

"Makes it easier for people to take up riding without Bike Lights"

and “may be found to be negligent where a failure to take reasonable care results in some injury or loss.”

I argue that the Department of Justice’s

focus on cyclists’ voluntary compliance with Road Rule 259

"Makes it easier for people to take up riding without Bike Lights"

and “may be found to be negligent where a failure to take reasonable care results in some injury or loss.”

and is in conflict with the Department of Justice,

Victoria Police Road to Zero Road Toll Campaign.

I argue that it is inappropriate for Department of Justice
Victoria Police Law Enforcement Officers

to hand out bike lights to cyclists in lieu of a traffic infringement penalty and that this affects the safety of all road users.

"Five cyclists killed in the last two years were riding in poor light conditions without lights or bright clothing." 

Bicycle Victoria's Report into Cycle Deaths in Victoria (2002)

“Cyclists who break the law are much more likely to be killed or seriously injured”

Bicycle Victoria’s Report into Cycle Deaths in Victoria (2002).

"...Police visited the Upfield Bike Path at Albert Street, Brunswick one evening recently...

50 sets of lights were provided to intercepted bikes riding without lights after dark.

No fines were issued..."

Moreland City News/ Moreland Leader June 3rd 2013 

I argue that compliance with the road rules is motivated by fear of detection 

and the likelihood of the law being enforced

and that road rule compliance affects the safety of all road users.

I argue that self-regulation is also motivated by fear of detection and the likelihood of the law being enforced.

                I argue that “Making it easier for people to take up riding“ 

also “Makes it easier for people to take up riding without a set of bike lights."

The policy of “making it easier for people to take up riding”
also conflicts with Victoria's Cycling Strategy.

It does not “encourage safe and respectful behaviours from all road users” nor does it

ensure bike riders and other road users have appropriate rights and responsibilities.”

I argue that the “Victorian Government Department of Justice

"has a duty of care to ensure that reasonable action is taken to minimise the risk of harm to anyone who is 

reasonably likely to be affected by the department's activities.”

I argue that the Victorian Government  Department of Justice

focus on cyclists’ voluntary compliance with the “Bike Lights Law” Road Rule 259

and policy of Department of Justice Victoria Police Law Enforcement Officers

handing out bike lights to cyclists
in lieu of a traffic infringement penalty

affects the safety of all road users and may be Negligent.

I argue that the Victorian Government  Department of Justice

“may be found to be negligent where a failure to take reasonable care results in some injury or loss.”

Pete Dowe 

Road Safety Advocate






"...Police visited the Upfield Bike Path at Albert Street, Brunswick one evening recently...

50 sets of lights were provided to intercepted bikes riding without lights after dark. 


No fines were issued..."


Moreland City News/ Moreland Leader June 3rd 2013 




http://petedoweroadsafetyadvocate.blogspot.com.au/2014/05/cycling-is-way-of-future-comment-by.html


Road Rule 259

Please note re the Bike Lights Law

Road Rule 259 applies to reduced visibility not just dark

Bike Lights Law

Road Rule 259

The rider of a bicycle must not ride at night, or in hazardous weather conditions 
causing reduced visibility, 

unless the bicycle, or the rider,
displays—

(a) a flashing or steady white light 

that is clearly visible for at least
200 metres from the front of the bicycle; and

(b) a flashing or steady red light 

that is clearly visible for at least
200 metres from the rear of the bicycle; and

(c) a red reflector 

that is clearly visible for at least 50 metres
from the rear of the bicycle

when light is projected onto it by a vehicle’s headlight on low-beam


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