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Bicycle Ride Organiser - Risk Management Responsibilities Ride Acceptors Responsibilities - Ride Participant Liability Acknowledgement * At least two more recent serious bicycle falls at the Blackspot descending to West Head Lookout * Within the last 6 years, two road cyclists who used to cycle with Muggaccinos died from separate trauma falls on their bicycle Pursuant to Division 5 of the Civil Liabilities Act 2002 (NSW) a Ride Organiser of a bicycle ride on NSW roads is required to provide a Risk Warning of the Three Types of Risks, and associated Risks Of Harm. A Ride Inviter needs to provide a Risk Warning to Invitees when inviting to participate in a Recreational Activity with a Risk of Harm Sufferable. Ride Organiser means a volunteer Cyclist who - (i) possesses an infectious enthusiasm for the benefits of regular, rigorous cycling; (ii) is familiar with various ride routes and any dangers on those routes; (iii) provides a Ride Description which also includes a Risk Warning of any Inherent Risks associated with cycling, but also Obvious Risks and Foreseeable, Non-Obvious, Explicit Risks, collectively Three Types Of Risks, listed in the particular Ride Description; (iv) is not motivated by pecuniary return because there isn't any; and (v) understands laws associated professional indemnity and public liability risks necessary to prepare Risk Warning and a Ride Participant Liability Acknowledgement in order to mitigate accidents and litigation when a volunteer invites members of the public to participate in a Rigorous Recreational Exercise Activity which may involve risks that many members of the public are unaware of - in NSW Civil Liability Amendment (Personal Responsibility) Act 2002 No 92, in particular "Division 5 Recreational Activities", as explained in Civil Liabilities Acts 2002.
Clause (ix) of Ride Participant Liability Acknowledgement is titled Ride Participant must provide written evidence of accepting a Ride Invitation. Snail Mail taking up to 3 days to arrive in a letter box and a postage stamp in NSW costs $1.70. Hence, an email to the Ride Organiser is required to notify Acceptance of the Ride Organisers forthcoming bicycle ride.
Notifying Acceptance is by reply email to the Ride Organiser that he or she Accepts the Ride Organiser's Ride Invitation (accessible in The Bullsheet) to the - a). upcoming Sunday Muggaccinos local bicycle ride - accessible since 2000 at Rides Calendar; or b). the annual visit each Nov to the Berry Showground for up to 6 days mountain or coastal cycling (this Nov. is the 24th annual visit to Berry); or c). previously to one of three Northern Summer visits to climb famous mountains in the French Alps (Alpe d'Huez, Col du Galibier) and one visit to climb in the Italian Alps (eg Stelvio Pass, Mortirolo Pass et al), By so accepting the Ride Organiser's invitation, he or she agrees to responsibilities chronicled in the Ride Participant Liability Acknowledgment. Northern Beaches Advocate has reported two more recent bicycle accidents at the Blackspot descending to West Head Lookout:
Muggaccinos website provides photos at West Head Blackspot of the section where some inexperienced road cyclists cycle too fast down the final descent to the West Head Lookout and fall off into or over the guardrail on the LHS The below two road cyclists each attended about 15 to 20 Muggaccinos bicycle rides. Each died from a separate trauma accident on their bicycle between 6 and 5 years ago. They were not participating in a Muggaccinos bicycle ride at the time of their falls. Neither collided with a motor vehicle of another bicycle. Several Muggs riders, including the Ride Organiser attended the two funerals:
Referring back to the two recent trauma falls whilst descending to the West Head Lookout, in 2008, 2009 and 2010, this Ride Organiser wrote to the NSW RTA four times about four Blackspots where explicit signage to alert road cyclists of a pending danger was inadequate. Philip Johnston researched/created the below extensive document in 2010 following a few nasty, well chronicled bunch ride trauma accidents on roads in Sydney:
Bicycle NSW article “NSW Road Safety Forum misses vital ingredient” dated 4 March 2024. : Conclusion This Bicycle Ride Organiser - a). requires any cyclist that wishes to join an upcoming Muggaccinos bicycle ride to notify his/her acceptance by reply email or separate email; and b). encourages you to read some pertinent literature at Risk Management |
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