Breaching Regulation 126 of the Australian Road Rules can render Bunch Riders and the Ride Organiser uninsured in the event of a Serious Cycling Accident

Division 5 'Recreational Activities' of the Civil Liability Amendment (Personal Responsibility) Bill - Nov 2002

1. A Bunch Rider might forfeit any third party public liability insurance cover if that Bunch Rider is breaking a road rule when its negligence causes a serious trauma injury to a third party. 

2. Conversely, an injured Bunch Rider may not be able to rely upon public liability insurance cover held by another Bunch Rider who negligently injured him or her, if the negligent Bunch Rider was breaking a road rule when the negligent Bunch Rider caused a serious trauma injury to another Bunch Rider(s).    

3. An 'Inviter' (Bunch Ride organiser) has a legal obligation under the Civil Liabilities Act 2002 to warn by means of a Risk Warning, an Invitee(s), [Bunch Rider(s)] who take part in a Recreational Activity which involves a Risk Of Harm  Sufferable, that if an Invitee(s) negligence causes a serious trauma injury to a third party whilst the Invitee(s) is breaking a road rule, that the negligent Invitee(s) might forfeit any third party insurance cover.    

4. A negligent Invitee [Bunch Rider], which is being litigated by an injured cyclist(s), might countersue an 'Inviter' (Bunch Ride organiser), if an 'Inviter' (Bunch Ride organiser) failed to warn a negligent Invitee [Bunch Rider] that it might forfeit its public liability insurance cover if it was breaking a road rule when its negligence resulted in an injury to another cyclist(s).

5. A Bunch Ride organiser, who invited a Bunch Rider that suffered a serious trauma accident during a Bunch Ride could be litigated by that injured Bunch Rider if the Bunch Ride organiser failed in his/her duty of care to ensure that risk warnings of Hazards were always audibly conveyed, or by signals, to Bunch Riders 'down the line'.

Risk Warning notes that Clause 5M(1) of Division 5 'Recreational Activities' "No duty of care for recreational activity where risk warning" of the Civil Liability Amendment (Personal Responsibility) Bill - Nov 2002 sets out that a defendant (ie. an Inviter) owes no Duty Of Care to an injured plaintiff (ie. an Invitee) who engages in a Recreational Activity if the risk of that activity was the subject of a Risk Warning to the injured Invitee unless the Harm Suffered resulted from contravention of a law dealing with personal safety practices. 

Conversely, pursuant to Clause 5M(1) of Division 5 Recreational Activities, if an Inviter which may include a Ride Organiser, fails to warn Invitees, which may include Bunch Riders, of the liability of 1. to 4. above, the Ride Organiser could be litigated for millions of dollars if a serious trauma accident occurred and an injured Bunch Rider/s and any negligent Bunch Rider/s litigated the Ride Organiser/s for failing to Provide A Risk Warning of the likelihood of being uninsured if Bunch Riders breach Regulation 126 of the Australian Road Rules by not Keeping a safe distance behind the bicycles ahead during a Bunch Ride.       

Chapter 14 asserts that Bunch Riding On Australian Roads Is Illegal under the Australian Road Rules and the NSW Road Rules 2008 (for NSW road cyclists) because it breaches Regulation 126 “Keeping a safe distance behind vehicles” and may also breach sub-clause (1) or (2) of Regulation 151 "Riding a motor bike or bicycle alongside more than 1 other rider".

Chapter 16, in particular, Civil Liability Act 2002, and other URLs therein explains, inter alia, clause 3. above.

Clause 8 of Exclusions Applicable to Section 2 in the Sportscover's 'General Liability Insurance Policy Wording' is the type of clause that an 'Insurer' might rely on to deny liability to an 'Insured Party' if the 'Insurer' believed that a negligent 'Insured Party' had engaged in Reckless Cycling and/or Dangerous Cycling.