New Laws: Rogue cyclists face harshest ever fines and even jail

samotage

Every day I see pedestrians step out onto the road without looking.  I do my best to be ultra vigilant, however it's possible even given my best efforts that one day I may hit one.

Now the law is in the pedesterians favor in this regard.  So they step out without looking, I hit them - and I'm injured.  What's my recourse as a cyclist?  Will I as the cyclist go to prison, will I be fined? 

I would really like to know the answer to this.

Sam,

@samotage

Editors note 17/08/09: We have asked the Victoria Police to comment on your valid query, their reply will be posted when its received.

Ronnie

What will happen? - you will be fined by the Police of course, that's why they have brought in all these new laws.  the revenue raisers/police are all over Heidelberg road as we speak, collecting money for their christmas party or whatever.  It remains obviously irrelevant that hospitals contain more cyclists who have been hit by cars, than drivers or pedestrians that have been hit by cyclists. 

BikePaths Editor

POLICE RESPONSE TO SAM'S QUERY:

The Law states that pedestrians have to take care crossing the road, and must not “jay walk” for want of a better term.  That means they are required to take the most direct route across the road (ie 90 degrees to gutter or footpath.)  after they make sure it is clear of traffic. (bikes too). 

They are not permitted to cross a road within 20 metres of a pedestrian crossing, ped lights, an intersection with ped lights (most traffic controlled intersections.)  They must use the ped crossing.  However outside 20 metres they are able to, provided they cross with care.

I suggest that if Sam in involved in an incident with a pedestrain that he report the matter to police, as he will be covered by TAC insurance, and supply any witness details.  (depends on his level of injury, hopefully not too much.) 

Is a Pedestrain required to stay clear? It is a bit of a grey area, as the ped will say they didn’t see the oncoming vehicle, bike or whatever.  Generally the ped comes off second best (injured, seriously injured/killed etc) and the matter is might end up being written off (from a police point of view) at this level.  The Police general view is that to charge a ped with an offence after they have been injured after being hit by a vehicle adds to the trauma they are already suffering and trying to recover from.  The involved  insurance companies would then take this matter further if they see fit. 

Inserted by the BikePaths Guide Editor

Rob

In relation to the above police response -

I greatly appreciate the response itself being made. The question was not really answered, though I appreciate the difficulty directly doing so would involve. I would like to take a slightly different tack to see if it can be made clearer - at least to me.

I assume a cyclist could (and in my opinion should) be charged with careless or dangerous riding if they strike a pedestrian while not paying attention to the path or road ahead of them or while riding irresponsibly (that definition requires another argument!) regardless of whether they are injured in the resultant collision. 

If this is correct, then it logically follows that a pedestrian, as a road or path user, could be charged for recklessly causing injury or similar if they step out in front of a cyclist without looking or while walking irresponsibly - regardless of whether they are injured in the resultant cycle-pedestrian collision.

The other option to the cyclist hitting the pedestrian is of course to swerve out in to the roadway in to the path of motor vehicles or if riding on a pathway in to approaching or static hazards either side of the path.  A pedestrian causing this through inattention must be considered unlawful.

Is this right? I am not attempting to find an excuse for the personal responsibility of cyclists in shared areas, but the law surely must go both ways. 

Thanks Bikepaths for allowing this forum.

Rob

Mark