Moron Motorists #3

open topic, for anything cycling related.

Re: Moron Motorists #3

Postby tubby74 » Sat Jun 07, 2014 5:24 pm

Two good ones.
Yesterday turning right, had my arm out to indicate early, double unbroken lines and I was in the middle of the lane ready to turn when a car goes flying by on the wrong side. J&n auto parts, nice work.

Today in olympic park the bike lane is closed with concrete barriers so was in the road lane. Car races up from behind to overtake, double unbroken lines, as he pulls out theres a car coming the other way so he gets on the horn as its clearly my fault he failed at illegal overtaking.
Two minutes later a cop car had to slam on the brakes as a pedestrian stepped in front of him without looking but no action. At least the cop then positioned him self to monitor the stop sign at then end of australia avenue, had many people run that without looking, cyclists as much as cars
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by BNA » Sat Jun 07, 2014 5:40 pm

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Re: Moron Motorists #3

Postby minhyy » Sat Jun 07, 2014 5:40 pm



thoughts?
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Re: Moron Motorists #3

Postby AKO » Sat Jun 07, 2014 5:46 pm

Looks deliberate to me minhyy. Either that or a massive over compensation for the parked car on their side of the road.

But I'll stick with option A.
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Re: Moron Motorists #3

Postby cowled » Sat Jun 07, 2014 6:56 pm

Yep, deliberate intimidation IMO.

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Re: Moron Motorists #3

Postby biker jk » Sat Jun 07, 2014 7:05 pm

minhyy wrote:

thoughts?


Just wave or blow kisses at them. That's what I do.
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Re: Moron Motorists #3

Postby WarbyD » Sat Jun 07, 2014 8:16 pm

I tend to give benefit of the doubt but IMO that was definitely an attempt to intimidate you

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Re: Moron Motorists #3

Postby Red Rider » Sat Jun 07, 2014 8:57 pm

Definitely intentional.

It reminds me of when I was maybe 7, standing on the grass out the front of my house with friends, not far from the road. Some guy driving past swerved towards us like in that video, quite amused with himself. Seriously, towards little children. There are some real nutjob dropkick loser lowlifes out there.
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Re: Moron Motorists #3

Postby outnabike » Sun Jun 08, 2014 7:57 pm

Red Rider wrote:Definitely intentional.

It reminds me of when I was maybe 7, standing on the grass out the front of my house with friends, not far from the road. Some guy driving past swerved towards us like in that video, quite amused with himself. Seriously, towards little children. There are some real nutjob dropkick loser lowlifes out there.


Hi red rider ,
That same thing happened to me as a kid. It would have been around 1958 and I was 12, but this lot stopped and pointed a 22 at me for fun, shouted bang and drove off laughing. Hoons where not invented in 2013. :)
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Re: Moron Motorists #3

Postby MisuVir » Sun Jun 08, 2014 9:36 pm

Moron mania out there in Adelaide tonight. On my drive home tonight, I counted three different idiots doing the whole "tailgate, quickly switching between lanes to try to weave through traffic that is doing the speed limit, only to suddenly pull into a right-turn lane, slam on your brakes, and pull a quick right turn" thing.

I've never understood why people drive like this. I have a workmate who behaves like this on the roads and it has nothing to do with impatience or being late - it is just how he drives all the time.
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Re: Moron Motorists #3

Postby human909 » Sun Jun 08, 2014 11:57 pm

Long weekends brings out the morons. After driving 400kms today I was lucky enough to have only one. He was a motorcyclist, a tailgater and a cop. :shock: :shock: :roll: He was speeding (120kph++) on an unmarked motorcycle.

He took objection and lit me up with his police lights because I didn't change immediately left after passing a slow moving vehicle. I didn't move immediately left because there was an idiot motorcyclist on my tail which was behaving unpredictably.

(The behavior both post and prior suggest that he was not on any duty call. Just a idiot who happens to be a cop.)
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Re: Moron Motorists #3

Postby archetuthus » Mon Jun 09, 2014 10:45 am

a moron motorist in his beamer decided to see how close he could get to me. you can clearly hear me hit his side mirror in.

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Re: Moron Motorists #3

Postby human909 » Mon Jun 09, 2014 10:50 am

archetuthus wrote:a moron motorist in his beamer decided to see how close he could get to me. you can clearly hear me hit his side mirror in.


As a collision and a hit and run your should report that.
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Re: Moron Motorists #3

Postby archetuthus » Mon Jun 09, 2014 11:10 am

As a collision and a hit and run your should report that.[/quote]

I'm currently filling in my report.
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Re: Moron Motorists #3

Postby cowled » Mon Jun 09, 2014 11:14 am

archetuthus wrote:a moron motorist in his beamer decided to see how close he could get to me. you can clearly hear me hit his side mirror in.


Outside of Qld it might be tricky to get Police to do anything about this. Obviously, the MM came way too close to you and did not leave enough room for you to avoid a hazard on the road (pothole, debris etc..). Also, they did not leave enough room for you to raise your arm in the standard method for a cyclist to indicate. The issue you may encounter from a cop is that they may view your hand movement as the cause of the incident rather than the positioning of the BMW. The relevant rule in Qld is s.253; a rider of a bicycle must not create a hazard by moving into the path of a vehicle. It could be argued by a cop that you moved your hand into the path of the vehicle. Your response, of course, would be that you were moving your hand out to the right to indicate (which is the normal fashion for a cyclist to indicate) and that the MM should have left sufficient room to avoid a collision (in this case, with your hand). You could continue this argument by saying that any form of contact between a motor vehicle and a cyclist could easily cause the cyclist to lose control and crash, especially as you only had one hand on the handlebars at the moment of impact.

Personally, I would argue that this overtaking manoeuvre by MM is dangerous. If you take a very adamant position on this being dangerous, it is possible that the police might charge the driver with unsafe overtake. To make this work, you really need to write a very convincing argument that simultaneously nullifies the possibility for a cop to argue that you contravened s.253.

Good luck,

Craig.

EDIT: As h909 said, you should also push for a charge of failing to stop and exchange particulars. Make sure you see your doctor and take photos of any bruising to your hand. This may be necessary as evidence.
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Re: Moron Motorists #3

Postby trailgumby » Mon Jun 09, 2014 12:24 pm

cowled wrote:
archetuthus wrote:a moron motorist in his beamer decided to see how close he could get to me. you can clearly hear me hit his side mirror in.

EDIT: As h909 said, you should also push for a charge of failing to stop and exchange particulars. Make sure you see your doctor and take photos of any bruising to your hand. This may be necessary as evidence.


You can also see the mirror clearly folded back afer the pass. With the sound, the video evidence and photos of bruising to your hand, you can make a case beyond reasonable doubt.

That could easily have turned so much worse. And it was so unnecessary, it wasn't like there were other vehicles hemming him in and he made a simple mistake. That was at best callously indifferent, at worst a deliberate punishment pass.

Use the templates from this site, or from Aushiker's blog. I've had results with them in NSW.
"People have a right to their own opinions, but not their own facts. Evidence must be located, not created, and opinions not backed by evidence cannot be given much weight." -- James W Loewen

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Re: Moron Motorists #3

Postby Xplora » Mon Jun 09, 2014 1:33 pm

Throw the book at em... that's truly awful.

Give the police the facts - if they do not pursue this to the full extent of the law, charges and the full kit and kaboodle - you will escalate this to the Ombudsman, the media and the Parliament; remind them of the success in Queensland to have the law changed, the talk in SA and ACT of doing the same, and that their discretion to act will be hampered enormously because it is clear to any reasonable person that a hit and run occurred, a dangerous pass occurred, dangerous driving occurred, and a vulnerable person was threatened. :shock: ON CAMERA. There is no assumption here, you were clearly hit. It doesn't get more black and white. You've got the video. The best the owner could claim is that they weren't driving, but they'd have to drop someone else in it to get away with it. They certainly haven't reported the BMW stolen, I am guessing ;)

Good luck, getting the maximum penalties. You don't need luck getting them to pay attention. :idea:
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Re: Moron Motorists #3

Postby Jangari » Mon Jun 09, 2014 2:04 pm

trailgumby wrote:With the sound, the video evidence...


I might point out that, while I'm not sure what the relevant law is in WA, in some states at least, audio from a video camera is not considered as evidence, while video evidence is. This is mainly due to a quirk in the law, I believe. I read that here, on the helmet cam thread.
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Re: Moron Motorists #3

Postby herzog » Mon Jun 09, 2014 4:54 pm

I think that's regarding conversations.
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Re: Moron Motorists #3

Postby trailgumby » Mon Jun 09, 2014 5:33 pm

It concerns admissability of conversations reasonably expected by the person being recorded as being private.

Quick summary:
If it's in a public place, or it is a group conversation in an open area, it is much more likely to be admissible. If it is a yelling match, or the person is yelling abuse at you, it will not be private and will be admissible. If it's in an obvious private setting, it will not be admissable. Admissability of recordings by third parties will turn on the facts concerning what a reasonable person would expect in the situation. Most PIs turn off the capacity to record sound - even going as far as cutting the mic wires - simply to avoid the risk of the footage being entangled in these legal arguments around recording (incidental) "private" conversations.

If you are recording a conversation in which you are a participant and the purpose is to protect your interests the restrictions do not apply, regardless of the expectations of privacy held by the other person.

In this case the thud of mirror impacting on hand is not conversation, and therefore not an issue.
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Re: Moron Motorists #3

Postby Jangari » Mon Jun 09, 2014 10:09 pm

Good to know! Thanks for the clarification.
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Re: Moron Motorists #3

Postby Ross » Tue Jun 10, 2014 9:11 am

I saw a woman parking her car near my work and she still had her rear wiper going even though there was no rain or fog. Probably just needed it to clear the dew off the back window after leaving the car outside overnight. So she's driven all the way from home (wherever that is) without looking in the mirror and noticing the wiper was still going (not to mention the noise of it scraping across the dry glass). Wonder what else she failed to notice? Maybe I should check her car for crushed bikes and mangled bodies. :o
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Re: Moron Motorists #3

Postby wellington_street » Tue Jun 10, 2014 10:44 am

The morons are out and about this morning. Just another couple of stupid close passes in the usual locations, even when I was riding big. Not much else I can do from a defensive riding perspective.
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Re: Moron Motorists #3

Postby warthog1 » Tue Jun 10, 2014 11:49 am

Moron with a trailer gave me a close shave punishment pass this morning. Ran his left wheels inside the bike lane in order to get close. Nothing coming the other way and two bright rear lights on.
Ruined my frame of mind for a few minutes. He was lucky he didn't get stuck at the lights 1 k up the road. :x


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Re: Moron Motorists #3

Postby wellington_street » Tue Jun 10, 2014 12:16 pm

warthog1 wrote:He was lucky he didn't get stuck at the lights 1 k up the road. :x


Yes, the one thing I do like is that on my commute there are traffic signals every block or two so a close-passing moron doesn't get far before I have the opportunity to discuss his/her behavior with them, or go sailing past all the stopped traffic blowing kisses.

This morning's genius told me "well you shouldn't be riding in the middle of the road" (three lane, one-way road where only the middle lane goes straight so I'm in the middle lane) - I'm sure he'd be whinging at those law breaking cyclists if I wasn't in that lane :roll:
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Re: Moron Motorists #3

Postby warthog1 » Tue Jun 10, 2014 2:23 pm

wellington_street wrote:
warthog1 wrote:He was lucky he didn't get stuck at the lights 1 k up the road. :x


Yes, the one thing I do like is that on my commute there are traffic signals every block or two so a close-passing moron doesn't get far before I have the opportunity to discuss his/her behavior with them, or go sailing past all the stopped traffic blowing kisses.

This morning's genius told me "well you shouldn't be riding in the middle of the road" (three lane, one-way road where only the middle lane goes straight so I'm in the middle lane) - I'm sure he'd be whinging at those law breaking cyclists if I wasn't in that lane :roll:


I was pretty bloody angry so its probably a good thing I didn't catch up with him. There is a good chance I'll see him again sometime though, at least I'll have more chance of being a bit more rational.

Yep you can't win with this morning's type of moron you encountered. We are a very stupid country.
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