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WA Cyclist done for speeding

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by MV, Feb 29, 2012.

  1. The story, not much to it really:

    http://www.news.com.au/national/cyc...h-in-school-zone/story-e6frfkvr-1226284730611

    I was under the impression that a bicycle wasn't covered by the motor vehicle act relative to speeding, any one got any info on that?

    No speedo as standard (nor is one required), how's that for coming from behind? ](*,)



    Thoughts?
     
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  2. Don't have a source but always understood cyclist/horse rider/horse drawn cart driver(?)etc were all considered to be people in control of vehicles and subject to all the same conditions as a car driver for example with the exception that a licence is not required.
     
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  3. FTR, Vic road rules:

    16. Who is a driver
    (1) A driver is the person who is driving a vehicle (except a motor bike, bicycle, animal or animal-drawn vehicle).

    17. Who is a rider
    (1) A rider is the person who is riding a motor bike, bicycle, animal or animal drawn vehicle.

    However:

    19. References to driver includes rider etc.
    Unless otherwise expressly stated in the Road Rules, each reference in the Road Rules (except in this Division) to a driver includes a reference to a rider, and each reference in the Road Rules (except in this Division) to driving includes a reference to riding.

    20. Obeying the speed-limit
    A driver must not drive at a speed over the speed-limit applying to the driver for the length of road where the driver is driving.

    So cyclists are not exempt from speed limits, or most other rules. The guy was going pretty well, but got ahead of his brain a bit, methinks.
     
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  4. Hahahaha, tags for this thread ...."crush his 10 speed!, hoon, kitten killing cyclist"
     
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  5. Cheers titus, I knew someone would have the relevant legislation handy.

    Dunno where I went wrong on that train of thought...
     
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  6. My mother was run over from behind while walking of a FOOTPATH by a cyclist doing 40kmph

    It ruined her life and she has horrendous scars to show for the incident

    guess what - no recourse to compensation because no third party insurance on bicycles

    I am glad they fined him
     
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  7. I love this part in the article by the way..

    56kph! He doesn't know much about cycling... haha
    I hope he was talking about the flat cause I'm often hitting 80kph plus and overtaking cars down Mt Dandy into Ferntree Gully... Weeeeeeee....
     
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  8. It's not that easy to strip away the bark on that rule, and TBH I don't know what the deal is in WA, (assume the copper got it right).

    I don't give a rats about the speed, but the school crossing component is the worry. Footpath superstars all around my kids' school, too.
     
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  9. Time & place for sure.

    I found this thread on the traffic law forum:

    http://www.trafficlaw.com.au/forum/viewtopic.php?f=28&t=766

    A very interesting read also.
     
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  10. That's a strange one Tak, obviously the cyclist was in the wrong, was there no recourse at all?

    I assume that would fall under the TAC here in victoria...?
     
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  11. I'm not quite sure about WA but in VIC, cyclists getting caught speeding is not so clear..
    Firstly I'm talking about VIC and not sure if they've changed things in WA.

    There's no demerit points for for any cycling infringment..
    Also, bicycles have their own list of infringements clearly stated in this PDF of infringment notices that can legally be issued to a cyclists.
    Victorian Fines and Penalties.pdf
    This file is from 2010 but I believe all is the same apart from an increase in fine amounts.

    Getting off a speeding ticket issued to riding a bicycle is really one of the easiest things to get off because cops treat it as driving a car which it is not..
    The fact that this cop thinks (may have media not cop who stated this) the cyclists is getting demerit point shows this. (Once again may be different in WA)

    As you can see there are fines but no demerit points which are issued against someone's license for cyclists because there can't be as you don't need a license to ride a bicycle.
    You don't have to produce your license to any cop for riding a bicycle and that's a fact. Although some do to prove their id.
    I would absolutely refuse to show any cop my drivers license whilst on a bicycle and in fact never carry it with me whilst cycling.

    In my book, cop was being pedantic thinking he's saving the world by booking this guy and having it make the media..
     
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  12. I still think cycling should be allowed on footpaths, except for busy shopping districts, provided a safe speed is adhered to. It is in certain states.
     
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  13. The TAC does not cover bicycle crash injuries - unless a motor vehicle is involved.

    A cyclist/pedestrian injury crash is not covered, neither is a single vehicle bicycle crash injury (actually the most common type).

    Bicycle Victoria members are covered for third party however as part of their membership. If a cyclist doesn't carry third party insurance then they are very silly - given the potential costs of an injury insurance claim against them if they collide with a pedestrian or another cyclist.

    If a cyclist is done for speeding then yes, they can potentially lose points off their licence...
     
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  14. I don't have a problem with the bloke being pinged for speeding under the circumstances. However, losing licence points for a bicycle offence is faintly ridiculous and introduces an inequity into the penalty. That is, a cyclist who does not hold a driving licence suffers a lesser penalty than one who does.
     
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  15. Tony, in regards to demerit points..

    From the BV web site:
    Was speaking to them about demerit points mid last year and nothing had changed at that stage..


    If you don't have (or need) a license, how can demerit points apply??
     
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  16. Thanks for clearing that up Tony, much appreciated.

    According to Sean Hardy in the link I provided & as stated above by Joe Delosa, the points do not apply to bicycle offenses in Victoria & rightly so I reckon
     
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  17. Yes, it's legal in Queensland, though I have been surprised by how many people don't know that it is!

    Am I correct to infer that, according to the quoted regulations, it is okay for a pedestrian to exceed the speed limit? That would make me laugh: seeing a cop pull over a jogger in a 30Km/h zone!
     
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  18. Turns out there are no demerit points in WA for cyclists:

    Re-checked Vic road rules and it still looks to me like speed limits apply to cyclists. That said, I see little point in their being enforced anywhere except school zones.
     
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  19. this is done in japan and works....but they do seem to have far fewer idiots than here...
     
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  20. Yeah Japan is a good example too - where everyday people can use bicycles as a safe, convenient, and efficient means of transport without helmets, lycra, or bike chains. Miss my mama-chari. 8-[

    Here in oz we just seem to make everything so bloody difficult, just in case a minority kitten somewhere takes a whisker of offence, which is, of course, an offence of stict liability. 50 penalty units. ](*,)
     
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