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Muggaccinos.com The Bullsheet Sunrise 6:11am Hardcopy page 1 and bring with you
Good Friday, 8am 6 April '12 -
SSW route "Tour de Nepean & Avon Dam" - Two Dams ride from
Birriwa Reserve
Mt. Annan
via Camden, Razorback Mountain, Picton, Tahmoor, Bargo, Avon Dam - return backroad to
Tahmoor, then along Remembrance Drive - 115km
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Avon Dam, completed in 1927, is the third and the
largest of the four upper Nepean Dams to meet the needs of Sydney.
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Risk
Warning Other cyclists in Australia break bones and incur nerve impairment from falling off their bikes in accidents.
A cyclist could fall from his/her bike, inter alia,
due to -
(iii) cycling too fast on a wet downhill where the
coefficient of friction is much less, particularly at corners; or
A negligent cyclist could - (a) be litigated by a seriously injured cyclist, or 3rd party (ie. a woman pushing a pram on a footpath or a car driver) under common law where the damages could exceed $500,000; and (b) lose his/her home if he/she did not have public liability insurance which covers their negligence whilst on a push bike. A negligent cyclist who did not have personal injury insurance (ie self-employed without income protection cover) could struggle to meet regular outgo commitments.
A seriously injured cyclist could be awarded damages
which a negligent cyclist could not afford to pay if the negligent
cyclist -
Ø
Cycling
without Public Liability cover is as silly as driving without 3rd Party -
Ø Click on: Risk Management which warns of 'inter alia', the dangers of cycling on public roads with motor cars, potholes and over bridges with vertical timber planks with gaps Ø Cycling with Muggs is predicated upon notifying Bank Teller if you materially disagree with any clause(s) in Muggaccinos' "Ride Participants Liability Acknowledgment" |
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Ø Hardcopy these directions and bring on Sunday Ø Expend 5 min studying your street directory for this route, if you haven't ridden it before Ø Don't ride two abreast on single lane roads with an unbroken centre line and descend corners on wet roads as though you are skating on ice Ø When passing a fellow Mugg, always provide a metre clearance. If you can't, or are passing on the inside, you MUST call out loudly eg. "passing inside" etc |
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Civil Liability and Personal Responsibility ACT (NSW) 2002, in particular Division 5 Recreational Activities, obligates the Inviter to Provide A Risk Warning to an Invitee(s) when participating in a Recreational Activity which involves a Risk of Harm Sufferable due to one or more of the Three Types Of Risks About 4 years ago, Guy aka Lawyer, ended up in North Shore Spinal Unit requiring surgery on his neck after pulling up quickly due to an oncoming vehicle getting close, whereupon a subsequent Muggs' rider, Greg aka ArchitectToo, clipped Guy's pedal and they both took nasty falls. Last Sunday arvo on the final leg to Hornsby, Tony aka Yorkshire, ended up in RNSH after being slow to react to Kevin aka TexDubbo and David aka MountainGoat breaking upon seeing a red traffic light signal ahead. Tony acknowledged that he was slow to react and upon seeing Kev's imposing rump, coming up real rapid, Tony instinctively slammed on the brakes and cart-wheeled over the handle bars, with the inevitable Noggin going gyro head-first into the tarmac, smashing his helmet, which may have otherwise ended in brain damage. Fortunately, after RNSH trauma unit (in Emergency) doing chest, shoulder and neck X-rays, head CT scan, and abdominal ultrasound, and blood tests, all within 2 hours of admission, Tony was released within 6 hours. Tony was told that he was the third cyclist that day in Emergency. Bank Teller understands that Tony was at least one bike length behind TexDubbo. Tony is off to the UK shortly visiting his Dad, but is keen to resume riding with Muggs upon his return. Alas, we are going to evidence more bad bingles because of the hell-for-leather antics of some ride groups such as Peloton Cycles, who think that luck can continue indefinitely. Empirical evidence at RNSH and Hornsby Hospital verifies otherwise. Below is an extract from a recent Peloton email weekly newssheet which establishes that Peloton's management doesn't understand the legal liability upon itself, and its ride leaders, to ensure risk management 'warning procedures', when inviting Invitees to participate in a Recreational Activity which involves a Risk of Harm Sufferable.
Over two years ago, at the behest of the Editor of Push On, Jenni Gormley, Bank Teller researched Regulation 126 “Keeping a safe distance behind vehicles” of the NSW Road Rules 2008, namely whether a bicycle rider (designated as a vehicle under Regulation 15) is required to travel at a safe distance behind another cyclist. Jenni published his findings in “Is riding in a bunch illegal?”. No one has ever disputed his assertions therein, that cyclists are braking the law when not riding at a distance whereby he/she can pull up to avoid hitting a vehicle ahead.
As night follows day, a cyclist ahead will successfully litigate a cyclist behind who cannons into him/her which causes the cyclist ahead to suffer a serious injury, unless the cyclist ahead has agreed to the cyclist behind drafting him/her. For this reason Ride Participant Liability Acknowledgment includes:
(d) accept that Muggs' credo is climbing steep hills with gusto; and
i) I will not draft less than one bicycle length from the bicycle in front of me for more than 20 seconds without the agreement of the rider in front [who pursuant to sub clause (ii) below, then accepts responsibility to warn of pending obstructions (eg. glass, potholes, grids)] due to increased likelihood of wheels touching, particularly on the flats and down hills, and consequent falls where the road always wins; and ii) if I am leading a small consensual bunch, I will - + warn Ride Participants behind me, using both hand signals and loud audible warnings, of upcoming potholes, grids etc; + scream-out real loud, real fast if I need to deviate in speed or direction due to something that I see within my pathway - "like a good fly-half, I will keep my outside backs informed" Hence, if you are riding with Muggs and you - a) draft within one bicycle length of a rider ahead for more than 20 seconds and you do not seek permission to draft that rider, and you cause the rider ahead, or another rider(s), to suffer a serious injury(ies), you had better have reliable third party public liability insurance with a lot of zeros in the liability amount; or b) you agree for another rider to draft within one bicycle length of your rear wheel, and you cause the rider behind, or another rider(s), to suffer a serious injury due to not warning them of a pending obstruction, you had better have reliable third party public liability, especially if the person(s) that your negligence causes to be seriously injured is/are self-employed with three kids, a wife at home and a huge mortgage, and they are unable to continue working in that profession and suffer a future income loss. Pics from Hornsby, St Ives, Palm Beach, Patonga, Woy Woy, Pits climb back to Hornsby - 13 cyclists - 86km We lost Scott aka PatternMaker early when his rear wheel lost its freewheel, whereupon when he pedaled the rear cassette spun but his bike stayed still. Bill aka Glasgow opted to ride back from Palm Beach. Terry aka Navigator caught the early train from Woy Woy. The rest of us stuck around for a feed on a glorious early Autumn morn'.
Pedal Power on l'eau
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Scribe 2 April 2012 |
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