Hemlet Safety Study flawed - SMH

Equipment and On Road Behaviour, Laws and Rules. Cycling Promotion and Advocacy

Re: Hemlet Safety Study flawed - SMH

Postby jules21 » Tue Jan 11, 2011 9:44 am

il padrone wrote: Your concept of 'intent' seems different to mine - but then I have zip legal background.

the kerang level crossing truck-train crash is a good example. from memory, the driver was charged with culpable driving and the prosecution argued he was racing the train to beat it across the crossing. no one suggested he deliberately rammed it. but the intent to disobey the requirement to yield to the train may have been sufficient to prove culpability. again, the defence simply argued he didn't see the train and it was an accident. i'd suggest there would be few people who believed that story, but it was enough to cast doubt on his intent and culpability was not proven.

il padrone wrote:In the case of Raisin-Shaw, I believe that the bunch leaders called out 'stopping' and Raisin-Shaw called 'rolling' and went through, so reckless behaviour was present. He knew the light was red and proceeded, despite the rest of the bunch stopping.

i'm no expert on what charge could be proven there, but i think he actually claimed others behind called 'rolling' and that he had no choice but to continue moving with the bunch.
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by BNA » Tue Jan 11, 2011 5:22 pm

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Re: Hemlet Safety Study flawed - SMH

Postby il padrone » Tue Jan 11, 2011 5:22 pm

There's the rub though. Charges are inadequate, whether it's a cyclist killing a pedestrian (rare) or a driver killing or maiming a cyclist (all too common).

This sort of incident, if it occurred in Europe, would see the driver facing much worse than 'careless driving' and likely losing the licence for a very long time while doing extended community service or even jail-time. Driving a car would be well off the agenda and they'd be doing their joyriding on the buses for the next decade or so.
Riding bikes in traffic - what seems dangerous is usually safe; what seems safe is often more dangerous.
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Re: Hemlet Safety Study flawed - SMH

Postby jules21 » Tue Jan 11, 2011 7:25 pm

il padrone wrote:This sort of incident, if it occurred in Europe, would see the driver facing much worse than 'careless driving' and likely losing the licence for a very long time while doing extended community service or even jail-time. Driving a car would be well off the agenda and they'd be doing their joyriding on the buses for the next decade or so.

it's not so much the inadequate charge for me, it's the fact he'll get his license back without any requirement for him to address what is obviously a major deficiency in his driving. he can just do the same thing again and kill another road user, with the full knowledge there's no real consequences for him. in fact, it's been known to happen.
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