Friday, August 1, 2014

Cycling Death Fatality Negligence Duty of Care Ride2School No Bike Helmet Road Rule 248. No riding across a road on a crossing Cycling Safety Riding on the Footpath much more Hazardous than "Dooring! "Making it Easier to Ride from Footpath onto Road or a Crossing" Community Safety


"Increasing the legal age limit for cyclists to ride on the footpath above 12 years of age does not better protect cyclists."


 Pete Dowe 





“Dooring” is a common cycling accident type “on the radar” with the wider Victorian community, 
but as part of the emphasis on other road users’ behaviour not cyclists'.


Collisions with car doors opened onto traffic or “dooring” (DCA 163) accounts for one cyclist fatality,

and 306 serious injuries in Victoria during the period June 30th 2004- June 30th 2013 according to VicRoads CrashStats.


Yet Nine cyclists were fatally injured riding from the footpath onto the road or a crossing (DCA 148) in Victoria during the same period June 30th 2004- June 30th 2013 according to VicRoads CrashStats.


There were also 510 cyclists seriously injured riding from the footpath or driveway onto the road or a crossing during the same period.


The lion’s share of these fatalities and serious injuries also occurred to cyclists over 12 years of age riding on the footpath.

Six of the Nine cyclists fatally injured 

riding from the footpath onto the road or a crossing DCA 148 in Victoria during the period June 30th 2004- June 30th 2013 according to VicRoads CrashStats

were aged 13 years or above and therefore illegally on the footpath.


394 of the 510 total cyclists seriously injured

riding from the footpath or driveway onto the road or a crossing DCA 147 and DCA 148 during the same period

were aged 13 years or above and therefore illegally on the footpath.

Therefore increasing the legal age limit for cyclists to ride on the footpath above 12 years of age does not better protect cyclists.


Yet riding from the footpath or driveway onto the road or a crossing is not a cycling safety issue in the wider community!




Pete Dowe

Road Safety Advocate





This Blog strongly opposes certain reforms 


VicRoads is currently considering:


"under one suggested reform, 

cyclists could be allowed to treat red lights as Give Way signs. 

And the same could also APPLY at pedestrian lights."   

Also

"PERMITTING cyclists, riding cautiously, to proceed past a stationary tram;"



"ALLOWING all riders to use the footpath, provided that they give way to pedestrians."

Herald Sun 12.9.14





Road Rule 248. 

No riding across a road on a crossing


The rider of a bicycle must not ride across a road, or part of a road,

on a children’s crossing, marked foot crossing or pedestrian crossing.



Note Children’s crossing is defined in rule 80,
 marked foot crossing is defined in the dictionary,

and pedestrian crossing is defined in rule 81






A Cyclist riding on a crossing at an intersection is particularly vulnerable 

to a turning vehicle which may be unsighted.


Pete Dowe







Riding from the footpath onto the road or a crossing is hazardous,

and much more hazardous over 12 years of age.




I argue that it may be negligent for the Victorian Government Department of Transport, Planning and Local Infrastructure

to further encourage/ promote/ legalise footpath riding over the age of 12.


I argue that the “Victorian Government Department of Transport, Planning and Local Infrastructure

“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 Transport, Planning and Local Infrastructure


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





Pete Dowe
Road Safety Advocate











Restraint Use is Crash Helmet not worn

VicRoads CrashStat





http://petedoweroadsafetyadvocate.blogspot.com.au/2014/07/cycling-deaths-fatalities-ride2school-6.html




A Cyclist riding on a crossing at an intersection is particularly vulnerable 

to a turning vehicle which may be unsighted.


Pete Dowe




Boy hit and killed by school bus in Geelong

Police at the scene of fatal bus crash on Bacchus Rd, Corio Picture: Karen DoddSource: Geelong Advertiser
Corio
Corio
Corio
AN eleven-year-old boy has died after being struck by a school bus in Geelong this morning.
More than 40 people including school children were on the public bus when it struck the boy at the corner of Bacchus Marsh and Purnell roads about 8.45am today.
The boy, a student at the nearby Wexford Cr campus of Northern Bay College, has been described as a happy and friendly child whose small family has only been in the country less than a year.
Police said the Benders bus was turning left from Purnell Rd into Bacchus Marsh Rd when it hit the child who was crossing at the pedestrian lights.
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Corio Acting Senior Sergeant Steve Burgess said investigators were reviewing camera footage from the bus and the nearby police station.
"At this stage, the bus definitely had a green light when he took his turn but we can't yet establish whether the boy had a green man when he was crossing the road. The bus driver came straight back here to the Corio police station and gave us a statement and is assisting us with our inquiries,'' he said.
"This is just a tragic accident, a young boy on his way to school, unfortunately we don't quite know who's to blame or who's at fault or if there was someone at fault or whether he was just blind sighted.
Corio
Police at the scene of fatal bus crash on Bacchus Rd, Corio Picture: Karen Dodd
"It's just a tragic thing to happen to a young boy on his way to school.''
Witness Josh Donnelly, 17, was travelling to work on the bus at the time of impact.
Clearly shaken, he described the boy's final moments.
Corio
Investigators attend the fatal bus crash on Bacchus Rd, Corio Picture: Karen Dodd
"I saw the boy riding alongside the bus near the houses when the bus just turned,'' he recalled.
"Everyone was just yelling and crying and screaming.''
A nearby resident Leanne, who asked for her surname to be withheld, said the moments after the accident were heartbreaking.
Corio
The aftermath of the fatal crash on Bacchus Rd, Corio Picture: Karen Dodd
"I feel so sorry for the family and for the bus driver,'' she said.
"You tell your kids so many times to use the crossing, it's the best thing, but look what's happened here.
"It's shocking.''
Acting Sen Sgt Burgess said school principals from two nearby Northern Bay college campuses attended the scene to help look after children on the bus, many of whom had been left distraught by the accident..
He said all would be offered counselling.
"It was a horrific scene for emergency responders and also the people on the bus, it's just a terrible thing to witness,'' he said.
"We've got to be mindful on the way to school that we pay attention to our roads and look out for these young children.
"We've been really lucky, really striving towards lowering our road toll and our major collision are down in the Geelong area but unfortunately this is just one of those tragic circumstances.''
Anyone who witnessed the accident is urged to contact Crime Stoppers on 1800 333 000.
- with Cameron Best
http://m.heraldsun.com.au/news/child-hit-and-killed-by-school-bus-in-corio/story-fni0fiyv-1226651146774







Bicycle Victoria's Report into Cycle Deaths in Victoria 2002

"Almost one in five fatal cycle crashes (16%) involved a cyclist, usually young, 

riding off a footpath (DCA 147) or driveway (DCA 148) onto the road." 


https://www.bicyclenetwork.com.au/media/vanilla/file/2002_Deaths_report.pdf

http://petedoweroadsafetyadvocate.blogspot.com.au/2013/03/cycling-ride2school-deaths-fatalities_23.html




"In over 60 per cent of (fatal) crashes, the cyclist was deemed to be ‘responsible’ for the
action that precipitated the fatal crash. 

This was particularly the case in crashes at intersections where the cyclist was either riding through the intersection on the road or moving from the footway onto the intersection. 

Cyclists were also found to be primarily responsible in other crashes where the cyclist moved from the footway to the road." Australian Transport Safety Bureau (ATSB) 2006



http://petedoweroadsafetyadvocate.blogspot.com.au/2012/07/deaths-of-cyclists-due-to-road-crashes.html



 




Road Rule 248. No riding across a road on a crossing

The rider of a bicycle must not ride across a road, or part of a road, 

on a 
children’s crossing, marked foot crossing or pedestrian crossing.


Note Children’s crossing is defined in rule 80, marked foot crossing is defined in the
dictionary, and pedestrian crossing is defined in rule 81.





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