"Fortunately for cyclists you can force a police investigation into the actions of dangerous drivers. Just follow a simple civil law process."
We can all agree that a 'near miss' on the roads can be terrifying.
Imagine the cyclist's level of frustration when they take he video footage to the local police station only to hear one of these excuses:-
Traffic incidents and crashes may be reported to Qld Police in a number of circumstances. For example:-
The cyclist does not have to report the incident if points 2 and 3 above are not applicable.
But let's say that points 2 and 3 are on the table.
Officers receiving reports of traffic incidents involving psychological trauma are to ensure that the incident is recorded and investigated in accordance with their Operational Procedures Manual.
“It is a fact of law that police are obliged to investigate certain types of road incidents.
You cannot be turned away.
You do not have to accept their reasoning or excuses.
This is the law.
Remember our laws apply to law enforcers too.
let's all work together to make the roads safer.
Emily Billiau - Principal, CycleLaw
Reporting an incident to a police should not be an intimidating experience. You should not feel as if you are the offender. If you are worried you won't be taken seriously run your story past me (by clicking on the orange button below) before you go to the police station.
So, if you are traumatised by an incident and intend to make a claim against the driver, you are required by law to ensure a police officer is notified of the incident.
Once you have the form it's a pretty straight forward process:
1. fill out the form
2. take it to the police station
3. speak to the officer in charge of the station who will
4. assign the notice/form to an investigating officer
the investigating officer should provide you with an occurrence number which you can use to follow up your claim against the driver
Officers directed to investigate an incident such as a 'near miss' that causes trauma should:
Hopping on his bike for his ride home, Jeff had decided to head home a little earlier than usual on Thursday in an effort to beat the usual peak-hour traffic. Little did he know that this would sadly be his last, as a Sydney bus would strike him at a busy road crossing in Neutral Bay.
This horrific accident would result in the re-ignition of the age-old debate as to whether bicycles should be licensed, this time in parliament. This is not uncommon. Every time a news report to do with bicycles is published, the push for bicycle registrations begins – even when it is often not the cyclist at fault.
Various articles and studies published by regulatory bodies and road safety experts from all over the world conclude that bicycle registration is not an effective way to generate funding for roads or to increase road safety.
Here are the five reasons why bicycle registrations should not be registered:
Fun fact: Bicycles have existed for more than a century – longer than cars. Did you know that bicycle registration was debated in Australia in the 1930s, and knocked back? Perhaps, motorists need to become more accommodating of their two-wheeled comrades.
Written by Claire McHardy | Solicitor
What is an Electric Bicycle?
An electric bicycle (or e-bike) is a bicycle with a motorised assistance.
There are two types of legal motorised bicycles:-
Design Rules / Requirements
The Australian Design Rules (ADRs) are national standards which dictate vehicle requirements. For vehicles manufactured post-1989, the application of the ADRs is the responsibility of the Federal Government pursuant to the Motor Vehicle Standards Act 1989 (Cth).
In 2012, changes were announced to the national vehicle safety standards in relation to power-assisted bicycles.
There are two types of legal motorised bicycles in Queensland (as described above) and the requirements vary for each. The pedalec type of bicycle must comply with the European Standard for Power Assisted Pedal Cycles (EN15194). The bicycle can have a maximum of only 250 watts of power and must be marked to show that it complies with the standard.
Bicycles with a handlebar throttle can have a motor that generates no more than 200 watts of power. If it is capable of generating more than 200 watts of power or has an internal combustion engine, then the bicycle must comply with Australian Design Rules for a motorbike and cannot be ridden on roads or road-related areas if it does not comply with these standards.
Do riders of Electric Bicycles have to comply with the Road Rules?
Yes. Bicycles are considered vehicles under legislation in Queensland, and so riders must obey the general road rules as they apply to vehicle operators.
1NB – The pedals should still be the primary source of power for the bicycle. If a rider can complete a journey without using the pedals and powered solely by the motor, then this would not be classed as a motorised bicycle
By Emily Billiau and Gemma Sweeney