Showing posts with label Martin Porter. Show all posts
Showing posts with label Martin Porter. Show all posts

Thursday, January 9, 2014

RIGHT of WAY AUSTRALIA

How do CYCLISTS survive in Oz ?

BADLY !

" Cowards Pass " is NOT a SPORT , but reading of the Misadventues in various States , in the early days of 2014 , an outsider would rightfully conclude , that Australian Drivers are amongst the WORST in the World, or that they NEVER LEARNED TO DRIVE !  Years ago , i used to remark to others , that a bad example of Driving , was the result of " Sending in a coupon , from the back of a KELLOGGS Cornflakes Pack ! Many Aussies will recall , sitting at the breakfast table , reading the various offers on " Cereal Packs"? Captive audience whilst munching whatever was part of the daily breakfast routine .

Older Drivers may well have returned from the World War 2 , applied for a driving licence and without too much ado , been given a licence to DRIVE ! Doubt that Eye Sight was even tested in those days ?  Many of the Migrants to Oz in the mid 1950s , would have exchanged their original Country's driving Licence for any State driving Licence , perhaps with few formalities?  In 1967 i recall exchanging the UK Licence for a NSW Licence at DMR Redfern , a Sydney Suburb , once notorious as the " Blackman's Ghetto , now the sought after " New Paddo "!  I had passed the UK Driving Licence in 1962 , allowing me to drive vehicles upto 7 1/2 ton , Eye Sight & basic " Road Rules test " easily passed . 15 years later a Taxi Licence was more difficult to obtain because a certain amount of " Knowledge of significant Sydney Landmarks " was required!

These days Vehicle Licencing requires each mode of Vehicle to be treated as a " Series of Tests " , mostly with Formal Training over a set minimum period of time . Now more expense and thus investment required to obtain the " PRIVELEGE of operating that Class of Vehicle " !  A privelege that can be taken away , IF , the Laws of the Country are IGNORED !


PLEASE EXPLAIN TO ME , WHY , on a daily basis , so MANY drivers are determined to find a Law Enforcement Officer , and demonstrate WHY they deserve to LOSE their Licence ?  Daily those on a bike experience the worst road conditions , the WORST Drivers and a lack opf sympathy from the Policing Authorities !  Regretably a " LEO/Police Officer " can only ACT , if they see the incident ! They are bound by the AUTHORITIES that employ them , to take note , BUT , unless there is significant VISIBLE damage their hands are tied ! Even the use of " Video Camera Evidence " in many Countries , is not considered acceptable verification of an incident .  When on the occasion of damage or Injury , Policing can only record details for an " Insurance Claim "!  Lawyers have reached such a point that they have instilled a " Sense of Fear " into an Authorities Mindset ?

London experienced " Rioting " in 2011 , after a Known Criminal , was intercepted in a Taxi , after he had "puchased a Gun " ! The Armed Police Officer in the " STOP Action " , discharged his weapon , in the need to protect LIVES ! Duggan was killed by the second bullet . What took place in the few seconds between Duggan's exiting the Taxi with " something " in his hand , and this 2nd bullet , has been the cause of a Coroner's Court Jury Trial . His family are calling for Civil Unrest , because they saw the Jury Verdict as detrimental to THEIR idea of what took place !

As a result of this " Difference of Opinion " , Armed Police Officers are now , about to be equipped with "Video Cameras " , whilst on these  Duties ! As if they had nothing better to do than Protect Citizens , they NOW , have to protect themselves from the " Slurs " cast on them by those Lawyers after a " Quick Buck"? No longer a case of YEARS of exemplary service , being needed to QUALIFY as a " Armed Response Police Officer " , they have to be able to operate/direct  VIDEO at those posing " IMMEDIATE Life Threatening RISK " !

So it comes as no surprise that Cyclists are having to GEAR Up with Video Evidence of any incident that they encounter on a ride ?  Latest case of a Video Incident :

http://www.youtube.com/watch?v=4fPhAVAOcuw

Seems that even Cyclists , are unsure of whether the Cyclist skittled , should have gone in front of the errant car , gone behind, or STOPPED ! With his being part of a group , did he have much choice ?  What of the Motorist , did they act correctly ?  Having lived in that area in the early 1990s , i recall that service station and i would have been on the road rather than that bike path .

Cameras mounted on Helmets in West Australia are currently frowned on by the Policing Authorities :

##

Seems that W.A. Policing are of the opinion , that an attachment to a helmet contravenes the " Code "?

Those reading my Blogs will recall i mention " Hugh Porter " occasionally . This London QC , is highly aware of the risks of Commuting on a bike into London ! His Blogs are full of Legal matters related to Cycling and well worth a read :

http://thecyclingsilk.blogspot.co.uk/2010/12/police-caution-for-unprovoked-assault.html

@Cyclingsilk

Since starting " Facebook.com/RightofWayAustralia " i have been in touch with a few people . The response to my emails has been disappointing . NYC RoW , who inspired this intiative and @Aushiker have yet to respond to requests ? Statistics are a difficult thing to pin down because everyone has a different POV , thus there can be a different slant on several sites ?

Whilst the Internet throws up a variety of Incidents , there is nothing like having HELP from the LOCALS , so i look forward to aNY ASSISTANCE rendered by those visiting the site and clicking " LIKE "!

THose Policing Authorities that i manage to contact would have their OWN Experience of Cycling and thus will ADD to my points listed here :

Motoring Rules needing ATTENTION :

1/   1M Safe pass of Cyclist at under 30kph

2/   1 1/2M Safe pass of Cyclist at higher speeds

3/   NO PASS of Cyclists in School Zones , and , on or under Bridges

4/   NO Pass of Cyclists within 100M of Road Junction or Bus Zone . No overtake of Cyclist within 100M                of entering Service Station , Private Property  ( doubt it is legal for vehicle to pass vehicle in these                  circumstances ?)

5/   No PASS by/of ONCOMING Vehicle when Cycle is within 300M , on OTHER LANE OF ROAD

6/   SIGNALLING of Passing Manouvre and return to lane when overtaking Cyclist

7/   Use of Hazard lights to indicate following a Cyclist when requried to slow , due to traffic

8/   ALL Large Vehicles to display a Decal depicting " Safe Pass Message "! Even larger 4 x 4 ( Chelsea                     Tractors ) & Tinted windowed vehicles

9/   Allow Under 16yo to ride Footpaths & Over 60yo at upto 15kph , particularly  when accompanied .

10/  Requirement for Police Officers under 35yo , to do Cycling Duties , as Plain Clothed Officers , 5 shifts                each month . Teaching School Children for the Older Officers

11/  Advance Zone at Traffic Lights

12/  Treating Red Light as GIVE WAY on a Left hand Filtering Turn , at under 20kph

13/  Acceptence of Video Camera evidence for Court proceedings

14/  Introduction of a Federal Vehicular Manslaughter Law , as in Italian Road Code

15/  Should be a prohibition of the use of the Vehicle horn at the rear of a Cyclist ( friends would tap After                    passing ?)
16/  Professional Emergency Vehicle Drivers training requires their FULL Compliance with ALL State Laws                  when in NON Emergency Transit , thus they SHOULD be subject to DOUBLE Penalty when                      infringing those Traffic Laws that are commonly flouted by the public ! LEAD BY EXAMPLE !

Obviously :
Mr/Mrs Motorist disgards " Traffic Habits " as they see THOSE that should set an example , fail to do their JOB correctly ?

Emergency Vehicle Operators MUST BE SEEN to comply with TRAFFIC HABITS , thus no Texting , Eating , Smoking in Vehicle BY DRIVER at ANY TIME !

Can you IMAGINE that a " P Plate driver " is allowed to get a $A300 fine and 3 demerits for MULTIPLE Texting , when NOT Wearing a Cycling Helmet is generally a fine of $A330 ?


Cycling on the Roads for Profis , is a question of choosing the Time and Place : Steve Tilford runs a blog that i enjoy reading and has just posted on his 1st ride of the year . The disappointment for me is that January is normally Ski Touring time but with Dry Sunny 10+C weather , i am sharing the roads with Mutton heads driving 7 1/2Ton Wagons , choosing to pass mm from me , when they are not in my rear beeping for me to get out of their way . Having been pushed off the bike by the wagon on Tuesday , a stop at the Schwaz Polizei was the only option . No doubt today's near miss was the same mutant or a colleague ?

Here is my comment to Steve's blog :

http://stevetilford.com/2014/01/09/cycling-is-my-sport/comment-page-1/#comment-43610

  "  Today is the 9th day of the year on a bike . Getting funny looks riding around with bare legs in 10+C ! I even was haled by a local pedestrian , as i was finishing the morning ride . He was on the way home from Tennis in a Hall . He told me that normally he starts Cycling mid march , but was so inspired by my efforts , that he was going out Cycling after some lunch .
This year Tirol weather has been crazy , i get more exercise Ski Touring when there is Snow , but Dry Sunny Roads are hard to beat . Pity about some of the Cowboys from Express Stoll who think that passing with mm is THEIR SPORT ! No doubt when they see the publicity i am giving them with the Internet , they will be upset ?
Takes NO BRAINS to miss a Cyclist , i call it ” COWARD PASS ” see RightofWayAustralia in Facebook !"
The Polizei Commando Post i visited today , told me that this company employs Cowboys ! How right she is! Fortunately for me , both the Polizei i spoke with , speak English like a Native . Bad luck for tourists that try the " nicht sprecken Deutsch "?


London Cyclists are getting VERY Organised with their " SubAd Campaign "!

Taking the Transport for LONDON Ads as a base , they have created a Whole Series of EYE Catching results !


Wish i was so creative ?

ADD YOUR ads to HELP CYCLISTS and i will ADD them !

14th Jan 2014
==========
This is how London Metro Police hope to save CYCLISTS' LIVES :

http://www.standard.co.uk/news/london/14000-fines-are-handed-out-in-london-cycle-safety-blitz-9058360.html










Monday, January 23, 2012

SPORTING Heroes ?

Celebrity does not allow assaulting a cyclist ! Seems that the more well known you are , the better chance you have of claiming public sympathy when you behave badly in public towards a cyclist !
Consider this scenario : 1. Celebrity ex sports person is driving and sees a cyclist and feels inadequate , jealous , scared , etc. because this cyclist can more easily pass through traffic , does not understand road rules relating to cyclist, etc. 2. All this and some adrenaline gets the better of the driver and he intimidates , abuses or attacks the cyclist. 3. As the driver calms down and realises that he just committed a crime and is a moron for doing it, he reports it to police, putting his side of the story first. Cops lap up the celebrity aura of the ex sports star as he adds lots of sauce to his story suggesting in some way that he was at risk from this cyclist despite being inside a car. 4. Whip up more of a storm on social media to get public sympathy, and hopefully also create lots pressure for police to drop any charges. Note that previously police involvement and pressure not to proceed with charges involved St.Kilda footballers. 5. Speak to an anti-cyclist shock jock on 3AW for more pressure and public sympathy. 6. Point to his Charity Foundation as a means of pretending what a great bloke he is (hoping the public will not realise the said charity does not disclose any financial information or proper evidence that a reasonable % of the donations actually go to the said causes, employs his family and others, etc.). 7. Distract from crime by creating hysteria about Rego for cycles and cars vs cyclists rubbish ("look over there, a unicorn!") ! Continually the media take the side of those that shout the loudest , since they have the connections they get more attention ! The victims are left to hope that the Police or CPS will weigh the evidence and decide that there is a case to answer .
Many times the official responsible for overseeing the case are pressured by their superiors to take no action . Difficult to be impartial when vested interests exert influence behind the scenes . One wonders why so many people are given free tickets to sporting events ? Whilst Rex Hunt in Australia has had a narrow escape from a prison sentence for injuring a cyclist in a “ Road Rage incident “ there is no report in the media about any compensation to the injured cyclist . Perhaps the paper articles I have seen wish to discourage Cyclists from being recompensed for losses suffered as a result of the bad behaviour of their “ mates ” ? http://www.theage.com.au/national/no-jail-for-hunt-over-roadrage-incident-20090513-b2xa.html http://www.theage.com.au/national/rex-hunt-found-guilty-of-cyclist-attack-charge-20090508-axd5.html Another recent incident has involved that well known Cricket personality , Shane Warne , who because of his retirement has been garnering “ headlines ” because of the new circles in which he has chosen to involve himself . Once again there are disparities in the accounts of the incident and using celebrity as a defence , Shane has aired his involvement in a way that reflects badly on him and dragging the “ Us v Cyclists ” debate back to centre stage . Hopefully the cyclist will be fully compensated for the damage done to his bike and wouldn’t it be appropriate to give a fulsome apology and see the cyclist and his lady friend reimbursed for the lost time due to the incident and perhaps Court appearances ? Shane , you could even swing a few tickets their way in a gesture of goodwill , since you will want something positive to “ tweet ” after the magistrate has finished their say on your erratic ( being kind here ) behaviour ! Do it before the matter is heard and perhaps it will count in your favour . Amongst the “ fish ” that Shane and his mates dragged across the trail was the suggestion , once again , that Bikes carry “ number plates ” ! I for one have difficulty getting down in writing a Car’s reg. plate when I see “ erratic behaviour ” whilst riding or driving on the road , so are we to carry on the front wheel and rear a similar sized object ? Switzerland has a sticker that goes on bikes for Insurance purposes ONLY , but your chances of discovering the info there are limited to when they are stationary and you know for what you are looking ! Too many other people have put forward their “ pros and cons ” so I have lifted the following from another blog : “ I, and many other cyclists, would love for all cyclists to ride with the utmost consideration for drivers, and all drivers to drive with complete respect for cyclists. However, the poor behaviour of a minority of cyclists/drivers is often used as justification for a negative attitude towards the entire group, and no progress is going to be made when people think like this. Cyclists must ride with consideration for drivers, obey the road rules and show by example that they are respectable and law abiding road users. Drivers must drive with care and respect for cyclists, understanding the risk they pose to cyclists. Public figures must not promote antagonism towards cyclists (or drivers). And everybody should understand that mandatory registration and number plates for bikes are not an answer.” Dave Johnstone has also commented about Shane on his blog as well as commenting to the blog ( Cycling tips ) where this story came to my attention . Seems like he knows a good deal about the “ trials and tribulations ” of an Aussie Cyclist ! http://davidjohnstone.net/blog/2012/01/shane-warne-vs-cyclists-registration-and-number-plates Finally in relation to Oz , this comment to a blog is worth repeating : “ registration is used to repair and rebuild roads. so if cyclists are made to pay it then maybe it should contain some sort of parity with other road users. Trucks/ buses have larger registration fees than cars, which in turn are larger than motorcycles. If cyclists pay it should be in line with the percentage of damage they do to roads. I'd estimate somewhere of the order of 0.01%. So, as a cyclist i'd be happy to pay 30c each 6 months to register my bike, along with the hundreds i spend on car registration. It can come out of the $5000 + i have saved my private health fund and taxpayers in surgery and physio/rehab from not having a knee reconstruction because I choose to ride as often as i can. ” That comment provoked the following comment : “ Actually thats not quite correct, car registration is split into 3 parts. 1. an administration fee by vicroads (about $120) 2. stamp duty (about $30) 3. TAC (about $450) $$ amounts approx.. As you can see the vast majority goes to subsiding the TAC. The TAC pays for the huge medical costs associated with 1,500 road deaths and 30,000 serious injuries on our roads every year. Road funding is mostly provided by general revenue (income taxes, GST etc.) Not many people realise but the TAC operates at a loss - the annual bill associated with the road toll every year is estimated at $18billion, a lot more than the $3.9billion raised. If we were to convert the registration system into a true "user pays" system then the cost of registering a motor vehicle would nearly triple overnight. So the question for motorists is, do you want a true user pays regisration system? Random fact: Between 1925-2008, 185,256 people were killed on Australian roads. Total Australian war dead 102,734 http://www.awm.gov.au/encyclop... Bridie O'Donnell , the well known Australian Cycling champion , blogged this week about Warnie , and her article was picked up by many media outlets .
Essentially the item was quite knd to Warnie but id highlight the fact that so many " Sports Personalities " enjoy the limelight when it suits and then try to deflect it when they behave badly ! Bridie has written many interesting and thoughtful articles that i have enjoyed reading since meeting her at the Tour de Romandie one year , when there was a Women's Time Trial event using the same course as the men . Over in the UK last week “ Thecyclingsilk ” managed to get the culprit into court , finally ! Result was a conviction and “ fines ” but I did not see any compensation in favour of the injured party ! Once again I am left wondering IF Cyclists are discouraged from pursuing those that cause them “ difficulties ”? Certainly we do not need the American “ Sue and be damned ” culture , but it is reasonable for the Cyclist to be reimbursed if the Guilty party has tried to create additional expenses by delaying or deferring their “ day of judgement ” , hoping the injured party will lose patience and give up ? Anyone seeing the “ video ” of the incident would conclude it was a “ slam dunk ” case but “ Innocent until proved Guilty ” is still the law of the land ! Congratulations to Martin Porter QC
for persisting and thus getting a result , which will help encourage other Cyclists in future cases to see a matter through to the conclusion !