Saturday, July 26, 2014

Cycling Negligence Duty of Care "Making it easier for people to take up riding without Bike Lights" Victoria Police intercept 50 cyclists riding without lights after dark. No fines were issued. Moreland City News/ Moreland Leader June 3rd 2013 Community Safety



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


I argue that the 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 Department of Justice

“ 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 is in conflict with the Department of Justice,

Victoria Police Road to Zero Road Toll Campaign.

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

to hand out sets of bike lights to cyclists 

in lieu of a traffic infringement penalty 

and that this affects the safety of all road users.



Pete Dowe 

Road Safety Advocate


"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 











Please note

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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