Moron Motorists #3

[Tim]

He's pulled his whole FB page

He isn't answering his phone either.
I only rang to wish him a happy Christmas.

[Crawf]

https://www.facebook.com/MG-Yard-Mainte ... 603726073/

I think this is the guy https://www.facebook.com/mark.greaves.391

Well what a small world it is.
I actually know who this guy is, the penny has only dropped this evening,
I've met him before, had beers with him and even played on the same footy team, some 10+ years ago.

[fishwop]

SMH/Perth Today 23/12/17

'Riding for his life': Sydney cyclist run off remote WA road has his day in court
Phil Hickey



A Sydney cyclist who was run off a remote WA road on his bike by an unidentified truck driver three years ago has had a huge victory in a WA court.

Steven Berveling was lucky to survive the October 2014 crash which left him with a brain haemorrhage, a broken left femur, collarbone and ribs.


Mr Berveling was cycling 320km southwest of Perth when a truck tried to overtake him.
Mr Berveling was cycling 320km southwest of Perth when a truck tried to overtake him. Photo: Phil Hickey

He was cycling on the Broomehill-Gnowangerup Road about 320km south-east of Perth when a truck - which has never been identified - tried to overtake him at about 100 kilometres an hour.

The overtaking manoeuvre forced Mr Berveling off the road and into the gravel.

The 60-year-old was in the middle of a 1200km return ride with other cyclists between Perth and Albany.

The impact of the collision left him unconscious and he was unable to work for six months.

On Thursday, after a long legal battle, the WA District Court awarded Mr Berveling a six-figure sum over the crash.

The Insurance Commission of WA defended the case at trial.

During the trial, evidence was given from a rider 100m back from where Mr Berveling went off the road and a local farmhand who was sitting on his tractor nearby waiting to cross the road.

It could not be confirmed whether it was the force of the truck's aerodynamics, or the truck itself that flung Mr Berveling into the gravel.

But Judge Troy Denise Sweeney said in her decision: "In fact, I find the plaintiff [Mr Berveling] was riding for his life at that point".

"I am satisfied that the truck driver's manner of driving ... was unreasonable.

"A reasonable driver, taking reasonable precautions, would have slowed right down to the plaintiff's speed to avoid overtaking him and harming, or forcing him off the road."

Judge Sweeney said she was satisfied Mr Berveling "had no choice whatsoever" but to enter the gravel.

"He would not have been placed in that position, but for the truck driver's negligence," she added.

In an interview with WAtoday Mr Berveling said he was relieved with Thursday's ruling and that it made him feel vindicated.

​"The word relief is incredibly appropriate," he said.

"I am very glad that we can now move forward.

"From a cyclist's perspective, I also feel vindicated.

"This decision is confirmation that cyclists are valid and recognised road users, who have a right to be there.

"But I'm not suggesting for one moment that all cyclists are squeaky clean. It is very much a two-way street. All cyclists need to recognise that the road rules apply to them equally."

Mr Berveling said the accident had not deterred him from cycling.

Next year he will form part of a two-man team in the 5000km Race Across America, an event which will involve cycling from San Diego to Baltimore.

When asked if he had a message for the truck driver involved in the 2014 incident, Mr Berveling said: "Please be aware of all road users, especially the vulnerable ones".

Senior Slater and Gordon lawyer Karina Hafford said the District Court decision was timely given new laws recently came into effect in WA which mean motorists must stay at least one metre away from cyclists.

"While Steven's recollection of that moment is limited, it is clear from other witnesses that the truck driver was at fault in his attempt to overtake in such an unsafe manner," Ms Hafford said.

"This decision I think shows that all road users need to be careful and considerate of other people on the roads.

"Just take care, be courteous and be responsible."

If this gentleman had been running cameras on his bike, the truck driver could have been identified and put off the road. Instead he's still out there risking all our lives.

[murbul]

Anyone know how up-to-date the online rego checkers are? Cos this one says it expired on the 20th

[jasonc]

Hoon online report. Suggest rego may be out of date. It's accurate from what I've been told

[warthog1]

Anyone know how up-to-date the online rego checkers are? Cos this one says it expired on the 20th

Justice
Thanks Murbul

[mikesbytes]

SMH/Perth Today 23/12/17

'Riding for his life': Sydney cyclist run off remote WA road has his day in court
Phil Hickey


A Sydney cyclist who was run off a remote WA road on his bike by an unidentified truck driver three years ago has had a huge victory in a WA court.

Steven Berveling was lucky to survive the October 2014 crash which left him with a brain haemorrhage, a broken left femur, collarbone and ribs. <snip>

If this gentleman had been running cameras on his bike, the truck driver could have been identified and put off the road. Instead he's still out there risking all our lives.

I know Steven Berveling, he was in pretty bad shape after that crash, did some work in the gym to bring himself back, with the aid of a walking stick

[BJL]

If this gentleman had been running cameras on his bike, the truck driver could have been identified and put off the road. Instead he's still out there risking all our lives.

So it's the victim's fault the truck driver is still out there? I don't use cameras on my bike either. I shouldn't have to. And more importantly, I shouldn't NEED to. Unfortunately, you are treating the symptoms instead of the cause.

[jasonc]

I don't use cameras on my bike either. I shouldn't have to. And more importantly, I shouldn't NEED to. Unfortunately, you are treating the symptoms instead of the cause.

I don't want to have to ride with cameras either. Sadly until attitudes change, we need to. It's not the solution but it protects us. And those words "coroner cam" come to mind

[Ross]

Low-range drink drivers may avoid court in NSW

http://www.news.com.au/national/nsw-act ... 5b954b4844

DRINK-DRIVERS could be given on-the-spot fines for low-range and first-time offences rather than facing court.

It means those caught without previous convictions in NSW and those who register blood alcohol levels under 0.10 will never have to face a magistrate. It is hoped the NSW Government proposals will declutter the court system.

In Victoria, drivers aged over 26 who register a blood alcohol limit of between 0.05 and 0.07 only receive an on-the-spot fine and lose 10 demerit points.

“Currently, half of all low range drink driving first offenders in NSW do not receive a conviction or licence disqualification for their first offence,” Centre for Road Safety executive director Bernard Carlon told The Sydney Morning Herald.

This surprises me. Why don't they?

“We have come a long way in shifting attitudes over the last 40 years — it’s no longer OK to make excuses and drive after drinking.”

Really? Going off the previous paragraph it appears to be ok.

“It is disappointing to see a number of incidents of drink driving. You will be caught, or worse still, end up killing yourself or a loved one,” Commander of the Traffic & Highway Patrol Command Assistant Commissioner Michael Corboy said.

“We have had 13 people die during Operation Safe Arrival, which means more places will be empty at the family Christmas table tomorrow.”

In November, Victoria’s Government passed new laws which means first-time drink-drivers will lose their ­licences and have interlock devices installed in their cars.

Up to 3000 full licence-holders are caught drink-driving with a blood-alcohol content between 0.05 and 0.07 each year, the lowest punishable level.

The changes will mean drink-drivers in this range, including first-time offenders, will have their licences cancelled immediately and they will be disqualified from driving for three months.

Every drink-driver in the state will also be required to have an interlock fitted to their car for at least six months and must complete a behavioural change program.

Minister for Roads and Road Safety Luke Donnellan told The Herald Sun the low-level drink-driving was a serious danger.

“We make no apologies for toughening penalties for drink-drivers who continue to put the lives of Victorians at risk,” he said.

“Drink-driving at any level is incredibly dangerous — even at 0.05, drink-drivers double their chances of crashing, risking not only their lives but the lives of others.”

Meanwhile, a disqualified driver has been caught behind the wheel at nearly five times the legal limit in Tasmania.

The 63-year-old male driver was intercepted on Saturday on the Esplanade, Turners Beach, in the city of Devonport, and returned a reading of 0.231. The man, who police say has numerous prior drink-driving convictions, was arrested and is set to face court on Sunday. His car was impounded.

In Queensland, 3,294 people were caught speeding on day one of the Christmas Road Safety campaign.

The state’s most high-risk speeding motorist on day one was captured allegedly travelling at 180 km/hour in an 80km/hour zone in the Airport Link Tunnel at Wooloowin.

The driver will receive an infringement with a penalty of $1,177, eight demerit points and an automatic 6-month suspension.

Police conducted almost 5,000 RBTs (Random Breath Tests) with 72 drivers charged with drink driving.

But it's the cyclists without rego, helmets and bells that are the real killers...

[jasonc]

In Queensland, 3,294 people were caught speeding on day one of the Christmas Road Safety campaign.

The state’s most high-risk speeding motorist on day one was captured allegedly travelling at 180 km/hour in an 80km/hour zone in the Airport Link Tunnel at Wooloowin.

The driver will receive an infringement with a penalty of $1,177, eight demerit points and an automatic 6-month suspension.

The only thing that makes the tunnel dangerous is people having to watch their speed to make sure they don't exceed the speed limit by 1km/h for fear of a speeding fine. 180 is a bit much...

[find_bruce]

Low-range drink drivers may avoid court in NSW

http://www.news.com.au/national/nsw-act ... 5b954b4844

DRINK-DRIVERS could be given on-the-spot fines for low-range and first-time offences rather than facing court.

It means those caught without previous convictions in NSW and those who register blood alcohol levels under 0.10 will never have to face a magistrate. It is hoped the NSW Government proposals will declutter the court system.

In Victoria, drivers aged over 26 who register a blood alcohol limit of between 0.05 and 0.07 only receive an on-the-spot fine and lose 10 demerit points.

“Currently, half of all low range drink driving first offenders in NSW do not receive a conviction or licence disqualification for their first offence,” Centre for Road Safety executive director Bernard Carlon told The Sydney Morning Herald.

This surprises me. Why don't they?

Perhaps you could ask Court of Appeal judge Anthony Meagher who was a low range drink driving first offender in NSW who did not receive a conviction.

I am unconvinced about 2 things (1) that half of low range offenders are not disqualified from driving - I thought a minimum 3 month disqualification was mandatory, but perhaps they have changed things & (2) Bernard Carlon knows anything about safety - his major activity seemed to be as a flunky justifying Drunken Gay's thought bubble.

[BianchiCam]

Trucks seem to be a common problem for me.
Vic 2016
As you may remember. This 'gentleman' ran me off the road.
He also recieved a fine for 'crossing solid lines' which is about as serious as you can get (sarcasm)


Full forward to Qld 2017. The state with the 'Rule'


Cut and dried infringement?
Well according to the legislation you would think so.
Not when Beerwah Police are involved. Not the first time I have had such 'interesting' reasons why a caution is warranted.
This off to complaints (again) where they will find the officer acted 'professionally (again) and the driver will be off scott free (again)

Thank you for your patience with this matter, I have now concluded the investigation and spoken with my OIC about the incident. My OIC and I have both agreed action needs to be taken and the most appropriate action in this case is an Adult Caution which will be recorded against the driver of the truck on our system.



The driver was very apologetic and wished for me to pass this on to you, at the time the driver of the truck had 7 racehorses on board returning home from a show. These horses are valued at up to $450’000. The driver has recently had a traffic incident where through no fault of their own had to heavily brake and swerve to avoid an accident which occurred in front of them, this resulted in a horse falling in the rear of the truck and subsequently being destroyed.


Your matter was reviewed by myself and my OIC as well as the truck driver, I saw in your initial letter you mention no traffic coming the other way however after re-watching the footage a small black hatch can be seen passing just seconds before hand making it very difficult to allow further space between you and the truck.


Due to the fact that the driver was driving under the speed limit, was aware of your presence there and believed they had given you enough space with an oncoming vehicle the driver is eligible for an Adult caution. I have also given the driver an education into new legislation regarding cyclists and highlighted to them that a driver is allowed to pass over double white lines where safe to do so.


Unfortunately that section of road became very narrow, Connection Road is notorious for accidents and is one of the more dangerous sections of road in our division. While I’m aware you have every right as a cyclist to use any road way I would advise caution using this particular road, we as police do not want to see any persons injured in our division.


I hope you are satisfied with this outcome, feel free to contact me if you need to discuss the matter further, the report is now finalised and I have closed this matter.

ps. I have 'contacted' him alright but for some reason I do not get a reply. How odd.


Satisfied?
Would you be?
Discuss.

[mikesbytes]

The truck driver had plenty of time to slow down, so the horse race excuse is simply nonsense

[Philistine]

The driver was very apologetic and wished for me to pass this on to you, at the time the driver of the truck had 7 racehorses on board returning home from a show. These horses are valued at up to $450’000. The driver has recently had a traffic incident where through no fault of their own had to heavily brake and swerve to avoid an accident which occurred in front of them, this resulted in a horse falling in the rear of the truck and subsequently being destroyed.

Translation - something bad happened to the driver on a previous journey when he was doing nothing wrong (his opinion not mine), and so this gives him a free pass for dangerous driving on this occasion.

I say "his opinion" because he was clearly driving with an unsecured load (obviously illegal) which severely limited his options with faced with an emergency.

[Ross]

I say "his opinion" because he was clearly driving with an unsecured load (obviously illegal) which severely limited his options with faced with an emergency.

So how do you secure live horses in the back of a truck? I don't believe there is any sort of harness available that would do it. AFAIK they just stand in the back of the truck.

The value of the horses and the previous incident has nothing to do with the current incident. That is saying a horse worth $450K is worth more than a cyclists' life. If there is oncoming traffic then the truck driver needs to slow down to the speed of the cyclist and wait behind him until it is clear to overtake. That is the whole point of "metre matters" as the turbulence from a vehicle can literally blow a cyclist off the road (or even suck them under the wheels). I wonder if the truck driver saw someone riding a horse on the side of the roadwould he drive as close and as fast past it too?

[Philistine]

So how do you secure live horses in the back of a truck? I don't believe there is any sort of harness available that would do it. AFAIK they just stand in the back of the truck.

I don't know and I don't care. That is for the people who want to transport the horses to work out. If you can't go about your business without putting innocent people at risk, you can't go about your business.

[trailgumby]

The driver was very apologetic and wished for me to pass this on to you, at the time the driver of the truck had 7 racehorses on board returning home from a show. These horses are valued at up to $450’000. The driver has recently had a traffic incident where through no fault of their own had to heavily brake and swerve to avoid an accident which occurred in front of them, this resulted in a horse falling in the rear of the truck and subsequently being destroyed.

This is placing commercial considerations above risk to life and limb. I cannot believe I am hearing (reading) this coming from a Police Officer as a justification for clearly dangerous behaviour.

Commonwealth Bank was justifiably blowtorched for placing profit above compassion in the CommInsure life insurance scandal. James Hardie was almost bankrupted for the same moral turpitude with its asbestos products. Yet it's now OK because the victim was a cyclist?

The driver had well in excess of 20 seconds to brake and take the necessary action to avoid risk, yet elected not to do so.

[trailgumby]

So how do you secure live horses in the back of a truck? I don't believe there is any sort of harness available that would do it. AFAIK they just stand in the back of the truck.

I don't know and I don't care. That is for the people who want to transport the horses to work out. If you can't go about your business without putting innocent people at risk, you can't go about your business.

Bingo.

[Cheesewheel]

There is practically zero scope for justifying breaking any other cut and dry traffic regulation (eg, speeding, drinking red light etc) .... let alone on the basis of the claimants hearsay of a historical incident .... for instance if the truck driver blew through a red light and tried to talk his way out of it on by telling a story about how he came to a stop 6 months ago and broke a horses leg yada yada it would just be so much hot air, a traffic fine, and a boss that would question whether he wants this fool behind the wheel.

The whole point of the minimum passing distance was to standardize it to cut short the legal circus of establishing intention (ie, if the driver thought it was safe before he initiated the manoeuvre, thats ok, nevermind the maths). Imagine the overtime legal professionals would have if speeding, drink driving, running red light offenses could be challenged by historical hearsay .... in all these other cases, all they want to know is were you going faster than the speed limit ... was your blood alcohol level over the limit .... did your car go through the red light (interestingly, even if you roll through a red light to clear the lane for an ambulance with sirens blaring, you can still get pinged .... they are that much of a stickler for details) ... yet suddenly in the case of minimum passing of a cyclist there seems to be a bevy of unwritten clauses to avoid a fine.

[BianchiCam]

This is just the tip of what shows up the forces contempt for riders imo.
The big one has yet to come out. It involves the Police complaints, excuses the officers that bluffed me and also contains a number of fb rants from the driver. Even after all that. The Polce found this other matter 'did not meet the criteria of a public interest test'
Goal post moving, covering up other officers mistakes and down right ignorance.
This is my lot for the moment.
No better than Vic.

[BianchiCam]

Today *groans*
Quiet roads? Check
Riding far left? Check
Being 'respectful'? Check.
Result? Near death.
Any of you lot willing to suggest I should have ridden wider in this instance? Never saw him coming. And I look in my mirror a lot!

[Arbuckle23]

Surely the Police can't ignore that one ?

[BianchiCam]

Surely the Police can't ignore that one ?

You saw the truck response.

[trailgumby]

F*** me, that was close. Mere inches off your mirror, judging by the rear facing bar cam.

That car never left the lane. You were right on the paint, it appears.

How wide is the lane, how wide is the car, and what is the speed limit?