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Safety First Cycling Website Third Business Plan Defined Terms Third Business Plan Summary of Annexures Third Business Plan Letter to Minister for Health and Ageing Third Business Plan - Proposed Safety First Cycling Website - www.SafetyFirstCycling.com.au Function of proposed Safety First Cycling Website Cyclists may Log A Safety Related Report in one of the following Three Safety Related Categories to: 1st. Report a Cycling Hazard 2nd. Submit an Abusive Or Reckless Motorist Incident Report 3rd. Submit an Accident Details Report for a Serious Cycling Accident Purpose of proposed Safety First Cycling Website: To reduce Serious Cycling Accidents by -
(a) relevant
Roads Authorities Rectifying
A Cycling Hazard
reported by
a
Cyclist
by - * mitigating Unexpected Imminent Cycling Risks, known as Cycling Blackspots; (b) Inexperienced Cyclists becoming aware of local Cycling Blackspots by the appropriate Roads Authority installing a Dedicated Cycling Blackspot Warning Sign to warn of an Unexpected Imminent Cycling Risk; (c) Name and Shame Abusive Or Reckless Motorist Incidents - potential for some insurers to decline insuring repeat-offenders; and (d) Cyclists reading Accident Details Reports for Serious Cycling Accidents and the Pertinent Risk Warning to understand the Causes Of Serious Cycling Accidents, whereupon being on the alert when cycling in similar conditions/circumstances.
1. Report a Cycling Hazard - URL to Cycling Hazard Report automatically e-mailed to the Roads Authority Per capita the ACT probably has the highest number of Cyclists in Australia. Pedal Power ACT is a largest and most progressive Cycling Organisation in the ACT. Its website provides Report a Hazard capability for cyclists in the ACT to report a cycling hazard. Below is an extract from Pedal Power Bulletin - 21 May 2008: "Cycling hazards "Have you crashed on a cycle path that was poorly maintained?" Seen a few hazards on your cycling route? Broken glass, overhanging trees, uneven surface? Bike paths are not checked or swept routinely only on request. To get hazards fixed report them to the Canberra Connect Feedback site under "submit a question or feedback" (www.contact.act.gov.au/cgi-bin/canberraconnect.cfg/php/enduser/ask.php). You can also phone them on 132 281. Be specific in describing the location so Roads ACT will be able to fix it quickly. If you also send a cc of the report to advocacy@pedalpower.org.au (and later let us know when the problem is fixed), then we can check if the system is working!" Four NSW Councils who have "signed up" to the Report-A-Hazard website. Goulburn-Mulwaree, Wollondilly, Wingecarribee and Pittwater have taken the step to centralise their hazard reporting on this convenient site. A one-stop site for reporting all road hazards is an obvious advantage to all road users, most of whom are not interested in the finer workings of council and knowing who deals with what and just want to get the problem fixed asap. Qld Govt Cycle Infrastructure Maintenance notes in Queensland Transport's "Maintaining cycling facilities" manual dated June 2006 that - (iii) "proactive maintenance programs are more effective than reactive ones"; (iv) "recent legal cases highlight the need for local authorities to be forthright in their approach to hazard identification and assessment in relation to public infrastructure. The latest rulings adopt the commonsense approach that pedestrians are expected to exercise sufficient care. However, the courts have not diminished responsibility on the part of the local or road authority in relation to maintenance. In fact, these authorities now have a heightened duty of care to the general public. They need to ensure inspections of the road network are conducted, including all elements of the road reserve (i.e. footpaths, bike paths, carriageways etc)."; Register an Adelaide cycling blackspot Beat blackspots - time for RTA bike budget boost To facilitate "proactive maintenance programs" and for local authorities to be forthright in their approach to hazard identification and assessment in relation to public infrastructure Cyclists could enter in the 1st of Three Safety Related Categories in the proposed Safety First Cycling Website a Cycling Hazard Report for one of the following eight Cycling Hazard Types: (i) Dangerous Timber Bridges # (ii) Deteriorated Road Sections (iii) Loose gravel, particularly following piecemeal road repairs (iv) Stormwater Parallel Drainage Grids (v) Protruding tree roots (vi) Low hanging branches (vii) Railway Level Crossings
# Annexure "A" "Strategy to reduce the dangers to cyclists at approx. 30% of 23,000 circa timber bridges across Australia by reducing width and/or depth of gaps in between some planks" The 1st Safety Related Category, namely Cycling Hazards, would incorporate software to - a) automatically e-mail a URL of the Cycling Hazard Report to the e-mail address of the appropriate Roads Authority under an explanatory covering memo; and b) sort each Deteriorated Road Section and each Cycling Blackspot into a 'Suburb Category' and separately flag each on 'Regional Maps' (similar to Map of Ride Start Locations) to - i) facilitate the Roads Authorities to Treat The Cycling Hazard; and ii) to alert Cyclists of the Cycling Hazard in their 'Suburb Category'. Annexure C [1 pg] is a Media Release dated Wed, Oct 23 2002, titled NSW Local Government wins non feasance immunity back for councils which explains Roads Authorities reliance on non-feasance to not repair inter alia Dangerous Timber Bridges under their control as the Roads Authority is not liable for injuries suffered due to the natural deterioration of the roadway. However, as explained in Annexure D Section 45 Special non-feasance protection for roads authorities of Civil Liability Amendment (Personal Responsibility) Bill 2002 (in the case of NSW) seems to - (A) require a roads authority to carry out road work to remove or reduce a particular risk once the roads authority becomes aware of such particular risk; (B) deem that if the roads authority does not so remove or reduce such particular risk and that particular risk materialises then the roads authority is liable for damages from harm suffered; and (C) require the courts to take into account the financial and other resources that are reasonably available to the roads authority for the purpose of exercising these functions.
2. Submit an "Abusive Or Reckless Motorist Incident Report" Pedal Power ACT is the largest and most progressive Cycling Organisation in the ACT. Its website provides an Harassed by a motorist? capability. Road rage between 'Redneck' motorists and bicycle Pelotons/bunches is increasing, particularly as road cycling becomes more popular with more Cyclists on more roads, more often. The Website Developer has been a Ride Leader / Ride Organiser for 16 years since 1996 and has organised over 800 rides which average 100km. The Website Developer believes that incidents of road rage between a cyclist(s) and a motorist(s) are due - * 70% circa to 'Redneck' motorists; and * 30% circa to inconsiderate/unthinking or inexperienced Cyclists. The Website Developer has evidenced many Cyclists do silly things whilst cycling. Too many inexperienced Cyclists, get carried away with the hysteria of the occasion, particularly on their initial group rides and think it is a social thing, too often cycling side by side with each other busily conversing in small talk and forgetting to - (a) keep their wits about them, and
(b) leave their
small talk
until the next
The Website Developer has: a) Seen a motorist change lanes to pass a Cyclist who was riding at 25km p/h circa and have to then stop at traffic lights only to evidence the Cyclist ignore the red light and cause the same motorist to have to change lanes to pass the Cyclist again. During peak hour this can happen 3 or 4 times which can be exceedingly frustrating for the motorist. Occasionally such motorists can opt to teach the Cyclist a lesson by intimidating the Cyclist with his/her vehicle which brought down on female Cyclist, Gracinda, on the Pacific highway at Gordon on a Sunday in 2004. b) Evidenced a Cyclist or a few Cyclists stop at a red traffic light behind say three rows of cars, but proceed to thread their way past these cars [who arrived at the red light before the Cyclist(s)] and proceed to perch in front of the car at the front of the traffic queue which is the height of discourteous behaviour which can irritate drivers. Alas some Cyclists don't see it that way. A lot of road rage against Cyclists, which culminated in a motorist breaking abruptly in front of a Peloton of 50 circa seasoned road cyclists on 8 May 2008 at Botany Bay taking out a 50-strong cycle pack, would not occur if all Cyclists abided by the road rules and considered the motorist as an equal. Hence, reducing road rage is a two way street. Better education for both Cyclists and motorists is required, particularly to reduce the "us" and "them" attitude held by some Cyclists and some motorists. The main education issue appears to be - (I) that some motorists do not know that under Australian road rules; and (II) Cyclists are treated like the driver of any other vehicle:
Although Cyclists are required to keep to the left, presently the law allows them to ride two abreast, no matter whether - (a) it is a one, two or three lane road; and (b) there is a broken or unbroken centre line. Some motorists simply do not understand that if a Cyclist(s) is ahead in the same lane, and a motorist is behind (in the same lane) and the motorist wants to go faster than the Cyclist(s), then the motorist has to change lanes. Some motorists do not know there is a difference between a dedicated cycling lane say 2m wide and a 400mm wide gutter; the latter is patently insufficient for a Cyclist to ride on, particularly as the latter often contains drainage grids. Some motorists believe that they can merely squeeze past a Cyclist(s) in the same lane, by expecting the Cyclist to move across to the edge of the gutter. Squeezing past is breaking the law because the Cyclists ahead is entitled unfettered right to the lane, and the full weight of the law will normally come down upon a motorist who hits a Cyclist(s) under those circumstances. Publicity of the penalty issued to any motorist who materially injures or kills a Cyclist by squeezing the Cyclist into the gutter would reduce road rage and future such accidents. In order to change the "us" and "them" to "we", a few road rule changes also seem warranted to prohibit Cyclists cycling - (i) two abreast in Pelotons/bunches when on a single lane road with an unbroken centre line; or (ii) two abreast in Pelotons/bunches which are longer than a semi-trailer [ie. no more that 6 cyclists deep or no more than 12 cyclists in a Peloton]; and (iii) two abreast in a Peloton/bunch which is less than 100 metres from the nearest Peloton/bunch. Further above, the Website Developer contends that incidents of road rage between cyclist(s) and motorist(s) are due 70% circa to motorists and 30% circa to Cyclists. On Sunday 4 May 2008 Muggaccinos cyclists rode to Windsor via Sackville which entailed waiting an hour for the Sackville ferry due to the running of the Annual Bridge to Bridge Power Boat Race. Muggaccinos cyclists ride to Windsor about 10 times each year, but never before on the Sunday of the Annual Bridge to Bridge Power Boat Race which attracted a few thousand spectators. Muggaccinos cyclists have never previously been subjected to so much verbal abuse by motorists around Windsor, and concluded that many Petrolheads are Rednecks. Hence, the merit of Logging A Safety Related Report to Name and Shame Redneck motorists who are abusive, intimidating or reckless to a cyclist(s). Cyclists could Log A Safety Related Report in the 2nd of the Three Safety Related Categories, namely "Abusive Or Reckless Motorist Incidents" by posting the below details to complete an Abusive Or Reckless Incident Report:
* Safety First Cycling Website will provide a sort function to provide schedules (tables) in Vehicle type and Registration number to enable Cyclists and Roads Authorities/police to monitor the prevalence of Abusive Or Reckless Motorist Incidents by specific motorists.
Cycling is dangerous. Hence the merit of Safety First Cycling Website which enables Cyclists to enter an Accident Details Report for a Serious Cycling Accident in the 3rd of the Three Safety Related Categories to enable other Cyclists to be on the lookout when cycling in similar conditions/circumstances or avoiding such conditions such as cycling on the Pacific Highway during peak hour which is patently dangerous. 3. Submit an "Accident Details Report" for a Serious Cycling Accident Cyclists being able to Log A Safety Related Report (3rd of the Three Safety Related Categories) by submitting an Accident Details Report for a Serious Cycling Accident in so doing enable other Cyclists to - (A) read - (i) circumstances which caused each Serious Cycling Accidents; and
(ii)
a
Pertinent Risk Warning
specific to that particular
Serious
Cycling Accident, (B) thereby be on the alert when cycling in similar conditions/circumstances. Annexure E is titled "24 Serious Cycling Accidents involving Cyclists that the Website Developer has cycled with during last 10 years, which highlight that road cycling is dangerous. Listing a Pertinent Risk Warning for each accident. Skydiving instructors earnestly study skydiving accidents. Similarly the more Cyclists know about the mistakes other Cyclists have made will reduce suffering the same fate". Less than 40% of the 17 Serious Cycling Accidents in Annexure E involved a motor vehicle. The fact that the Website Developer has first hand experience of 24 Serious Cycling Accidents involving cyclists who have at some time cycled with Muggaccinos over the last 10 years is patent testimony that the costs to the health care system of Australians cycling are very high compared to Australians who do not cycle because road cycling involves major risks. Only 7 of these Serious Cycling Accidents were on actual Muggaccinos Sunday rides. The remaining 17 Serious Cycling Accidents were on other organised rides or private training sessions. Muggaccinos requires cyclists to understand - * Tips for new road cyclists who want to ride with Muggaccinos Bicycle User Group; and * agree the Ride Participant Liability Acknowledgment. The Website Developer could readily log an Accident Details Report to Log A Safety Related Report on Safety First Cycling Website for the 17 Serious Cycling Accidents explained in Annexure E involving Cyclists that the Website Developer has cycled with, including one incident where his negligence resulted in a painful Serious Cycling Accident to himself. Other cyclists could enter a lot more because road cycling is dangerous, and alas a lot of non fatal accidents occur which impose a significant cost on our health care providers. Other sources of bicycle accident details are not limited to:
4.
Obligation to
Provide A Risk Warning
to - The Second Business Plan - Join a Green Team explains in Part 5 of "No Compulsory Third Party ("CTP") Green Slip insurance coverage or equivalent for cyclists in Australia" that in 2002 and 2003 the Civil Liability Act was enacted in each state and territory which included Civil Liability Amendment (Personal Responsibility) Act 2002 No 92 (for NSW). Clause 5(M)1 therein aligned responsibility onto the Invitee who engages in a Recreational Activity, provided the Inviter had warned the Invitee of the Three Types Of Risks by decreeing: "No duty of care for Recreational Activity where Risk Warning
A person (the defendant) does not owe a duty of care to another person who engages in a recreational activity (the plaintiff) to take care in respect of a risk of the activity if the risk was the subject of a Risk Warning to the plaintiff." If an injured participant contended that he/she believed the bicycle ride that he/she was influenced to commence was a Recreational Activity, scope seems to exist for the injured participant to rely upon aforementioned Clause 5M(1) to pass on liability to the ride organiser, or the associated Bicycle User Group or Bicycle NSW or which ever entity influenced the injured participant to take up cycling and commence a bicycle ride which may end in a Serious Cycling Accident. Accordingly, it may not be drawing too long a bow to contend that government agencies which encourage citizens to try road cycling for short commuter trips, some of which would be on busy roads, for health and ecological benefits, owe a duty of care to similarly provide a Risk Warning of not only Obvious Risks and Inherent Risks, but also importantly Foreseeable, Non-Obvious, Explicit Risks, from participating in such a Recreational Activity, not just to mitigate liability, but to better alert of the types of risks to be aware of to thereby reduce trauma accidents. Hence, the merit of a Safety First Cycling Website which enables Cyclists to, in the 3rd of the Three Safety Related Categories, - (a) read the circumstances which caused Serious Cycling Accidents; and (b) receive a Pertinent Risk Warning specific to each particular Serious Cycling Accident. 5. 'Budget Cost' of Safety First Cycling Website The Website Developer maintains two cycling websites. One is King of the Mountain performance measurement which enables road Cyclists to Register as a KOM Climber and Log their KOM Climb Times up any/all of 63 challenging hills around the perimeter of Greater Sydney and the Illawarra in order to review their performance in KOM Climb Reports against other KOM Climbers in their Age Division or Climb Region. This site cost the Website Developer $10,700 to set up, with no ongoing costs. There is no cost for cyclists to use www.KOMpm.com which generates no revenues.
The Function of Safety First Cycling Website requires the same straightforward software functionality used by KOM Climbers in King of the Mountain performance measurement. However, due to writing code (ie. PHP/mySQL) for a plethora of tables for Three Safety Related Categories the Website Developer's 'Budget Cost' to set up the Safety First Cycling Website in accord with this Third Business Plan is:
(I) 'Website Development' is $24,000 due to the significant number of tables explained herein ($13,000 for 'Website Builder' to write software code + $11,000 for the Website Developer to work with 'Website Builder' for up to 200 hours testing and quality control) to be completed within 28 days of the software code being agreed - proposed to use the same person who wrote code for www.KOMpm.com to be 'Website Builder'.
(II) 'Annual Maintenance And Monitoring Cost' is $5,500 for the Website Developer to review all Logged Safety Related Reports and correct or embellish up to 150 Pertinent Risk Warnings for Serious Cycling Accidents or write a Pertinent Risk Warnings if the concerned Cyclist doesn't enter a Pertinent Risk Warning. 6. Federal Labor Government has appointed a Taskforce to identify additional Preventive Health programmes and initiatives * PREVENTIVE HEALTH TASKFORCE TERMS OF REFERENCE
Proposed Safety First Cycling Website falls within the Taskforce's below Terms of Reference: 1. support the further development of the evidence base on Preventive health, to inform what works and what doesnt; 2. provide advice for policy makers on what strategies work best at a population level, and on the best buys for government investment in Primary Prevention; 6. support the development of inter governmental and public-private partnerships on Preventive health; 7. Business Plan Developer's efforts to reduce cycling trauma accidents
Four articles written by the Business Plan Developer published by the Editor of Push On cycle website, sponsored by Bicycle NSW, on 'Risk Management' issues:
Business Plan Developer wrote and published -
* Tips for new road cyclists to minimise trauma accidents and maximise health benefits * Ride Participant's Liability Acknowledgment
As detailed at clause (iixx) of Annexure 'E', the NSW RTA had responded to Business Plan Developer's three letters (and Annexure) that he sent to RTA NSW in 2008, another very serious cycling accident to Scott England at West Head Lookout which occurred on Sunday, 29 Nov 2009, would have been avoided - that well known Blackspot has now claimed 5 cyclists.
8. Summary
(a) impose a material financial burden on public and private health care, the police, Roads Authorities, families/friends and employers; (b) discourage non cyclists from cycling; and (b) diminish productivity and QOL.
A Safety First Cycling Website will be a highly cost-effective Preventive Health initiative due to its comprehensive Function for the Purpose of reducing Serious Cycling Accidents by - (i) requiring Roads Authorities to Rectify Cycling Hazards; (ii) alerting inexperienced Cyclists of local Cycling Blackspots; (iii) Name and Shame Abusive Or Reckless Motorists to render such behaviour unfashionable; and (iv) Cyclists reading Accident Details Reports, in particular the associated Pertinent Risk Warning, for Serious Cycling Accidents to understand Causes Of Serious Cycling Accidents and thereby seek to avoid repeating them.
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