Tuesday, October 14, 2014

Cycling Beach Road Bunch Cycling Negligence Group Responsibility Road Rule 126 Difficulty Stopping, Road Rule 151 Two Abreast and Bunch Size Rec. Max. 20 Riders Comment by Pete Dowe Community Safety












Raisin-Shaw's decision proved to be wrong, but in the circumstances it "was not unreasonable", Mr Sharpley said.


Mr Sharpley accepted that his client had contributed to Mr Gould's death but argued his actions were "not indicative of any significant DEGREEhttp://cdncache-a.akamaihd.net/items/it/img/arrow-10x10.png of negligence".

"The alternative of proceeding through the red signal appeared to be the lesser of the two evils, 

on the basis that it was unlikely that a pedestrian would walk out in front of cyclists approaching at speed," he said.




the magistrate noted that Raisin-Shaw was only charged with disobeying the traffic signal.

The maximum penalty for the offence was a $550 fine, but Raisin-Shaw's lawyer, 

Michael Sharpley, asked the magistrate to take into ACCOUNT THEhttp://cdncache-a.akamaihd.net/items/it/img/arrow-10x10.png difficult group dynamics 

of the ride in determining the penalty.

"I'm now going to impose what everybody would consider a pathetic fine of $400," he said.







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.”


I argue it is negligent for a cycling bunch to be a “No Stopping Zone”
as it affects the safety of all road users and bunch cyclists have a duty of care to each other

and other road users to keep a safe stopping distance behind the bicycle vehicle in front
and to form cycle bunches which can stop safely.

I advocate that the Victorian Government Department of Transport, Planning and Local 

Infrastructure’s legislate such a collective responsibility, duty of care, to stop safely

on the part of riders participating in a cycling bunch.



Cycling Bunch size also affects stopping distance and the ability to stop safely,

partly by limiting the amount of incompetent riders.



“Probably 80 to 90 per cent of cyclists that are on Beach Road today have a very low set of skills...” 

Marcel Lema, Beach Road Cyclists, 

Stateline 1/9/2006



The Code of Conduct for Training Cyclists recommends a maximum bunch size of 20 riders.

I advocate that the Victorian Government Department of Transport, Planning and Local Infrastructure’s


legislate a maximum bunch size of 20 riders to address difficulty stopping safely.


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

“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.”

There is no required standard to achieve before bunch cycling on the road.

There are “No formal training programs to develop bunch riding skills...”
Monash University Accident Research Centre (2009)

Bunch cyclists form bunches which likely cannot stop safely,
cannot stop without rear-ending the cyclist in front,

and the fear of being rear-ended is then used
as a justification for cyclists proceeding through red traffic signals.

It ought not be.

I argue it is negligent for a cycling bunch to be a “No Stopping Zone”
as it affects the safety of all road users and bunch cyclists have a duty of care to each other

and other road users to keep a safe stopping distance behind the bicycle vehicle in front
and to form cycle bunches which can stop safely.

I argue that bunch cyclists also do not stop safely and proceed through red traffic signals because

there is no group responsibility.

I advocate that there be such a group responsibility in bunch cycling, 

and that all riders in the bunch be responsible for the bunch being able to stop safely.

I advocate that the Victorian Government Department of Transport, Planning and Local 

Infrastructure’s legislate such a collective responsibility, duty of care, to stop safely

on the part of riders participating in a cycling bunch.

Cycling Bunch size also affects stopping distance and the ability to stop safely,

partly by limiting the amount of incompetent riders.

The Code of Conduct for Training Cyclists recommends a maximum bunch size of 20 riders.

I advocate that the Victorian Government Department of Transport, Planning and Local Infrastructure’s


legislate a maximum bunch size of 20 riders to address difficulty stopping safely.

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