Major legal win puts Councils on notice

From http://www.bv.com.au/join-in/42075/

Major legal win puts Councils on notice

3 March 2010. A highly significant court victory by a Melbourne bike rider has put local government under new pressure over the building of sub-standard bike facilities. "Fix it or you will be hit with large damages", is the message of the judgement.
Bayside City Council has to pay $229,000 damages to the rider as a result of the court decision.
The case involved a cyclist who in August 2005 was riding along the off-road bike path adjacent to Beach Road in Black Rock when his wheel came into contact with a bluestone retaining wall along the path.
The rider fell, striking a steel stanchion holding an 'Armco' safety barrier on Beach Road, and was seriously injured.
The 57 year-old recreational cyclist from the suburb of Parkdale sued Bayside City Council for negligence.
The matter was heard before His Honour Judge Coish in the County Court over five days. The plaintiff's lawyers, Wisewould Mahony, sought information on technical issues from Bicycle Victoria in preparing the case.
Evidence was presented on behalf of the plaintiff by Mr Andrew O'Brien, a traffic and road engineer, that the path did not comply with the requirements and recommendations of the AustRoads Standards or the VicRoads Cycle Notes.
Mr O'Brien told the court that the path design was deficient and that the combination of the bluestone edge on the path with the guard rail and posts was a "severe safety hazard".
He said that obstacles should be at least one metre from the path. At this location, with the bluestone directly abutting the path, there was zero clearance.
A suitable and safe treatment of the guard rail-shared path space could have been designed at minimal, if any additional cost, Mr O'Brien said.
Bayside City Council's expert witness, Mr Keith Mitson, a traffic engineer, expressed the opinion that the hazard in question did not increase the overall journey risk to the cyclist because frequent hazards existed on almost any cycle path.
The council said in evidence that the path was originally constructed in 2000 when the council's engineering services were outsourced. The bluestone retaining wall was added a short time later to prevent water and soil coming on to the bike path.
Bayside submitted that the crash was a 'freak' accident and that the risk was 'far fetched and fanciful'.
The Judge found that the council has breached its duty of care and awarded damages to the rider.
Further details of the technical issues revealed in this case will be added to the relevant section of this website soon.

Anzac Hwy - Cnr Cross - Stonehouse

See Video here:
http://www.youtube.com/watch?v=_RiWkV9cqU4
This video was captured in May 2009

There was a fatality in April 2010 with the exact same scenario.

Fwd: Walkerville Tce changes to increase cycling hazards

----- Original Message -----

To: Walkerville Council [name removed]
Sent: Mon 30/08/10 1:57 AM
Subject: Fwd: Walkerville Tce changes to increase cycling hazards

Walkerville Council is about to introduce permanent safety hazards for cyclists on Walkerville Terrace. The proposed 3.2 metre wide travel lane is the minimum permitted. The photograph I emailed earlier shows a truck (width with external mirrors 2.8 metres) and a public bus (width 2.9 metres). If these vehicles keep on the road centre line, they will overtake cyclists by 0.4 and 0.3 metres respectively. In practice this space will be even less.

There are several government documents that recommend leaving a minimum of one metre between cyclists and overtaking vehicles:
1. The Driver's Handbook
http://www.sa.gov.au/upload/franchise/Transport,%20travel%20and%20motoring/New%20and%20Young%20Drivers/02DH_Road_Safety.pdf
2. Cyclist road rules and safety
http://www.sa.gov.au/subject/Transport,+travel+and+motoring/Cycling/Cyclist+road+rules+and+safety
Give cyclists plenty of room - a minimum of 1m clearance when overtaking.
3. Share the Road
http://www.transport.sa.gov.au/publications/pdfs/share_the_road_brochure.pdf
4. A Metre Matters In Road Safety
Launched by the Federal Minister for Transport, and Local Government
http://www.minister.infrastructure.gov.au/aa/releases/2009/november/aa497_2009.htm

I remind you of the State Government policy Safety in Numbers, A Cycling Strategy for South Australia 2006-2010:
http://www.sa.gov.au/upload/franchise/Transport,%20travel%20and%20motoring/cycling_strategy.pdf
On page 12, Objective 3
…The legitimacy of cycling still needs to be reinforced in the community. Two-thirds of casualty crashes and three-quarter of fatalities of cyclists occur on arterial roads. Greater focus needs to be made to cater for the safety of cyclists on both arterial and local roads.

I am extremely disappointed that Walkerville Council has opted to increase the hazards for vulnerable road users such as cyclists. People who act to slow climate change should not have to risk their lives when using sustainable transport of the bicycle.

Walkerville Council has introduced another cycling hazard, perhaps temporary until the roadworks are completed. The council has widened some of the footpath, in the process halving the width of some car parking until too narrow. So drivers park illegally in the 24-hour bicycle lanes.

Date: Wednesday 25-Aug-2010, between 3.32pm and 3.38pm.
Details: In six minutes I saw six vehicles illegally parked in 24-hour bicycle lanes, ie breaching ARR s. 187. There were many vacant legal parking places, but perhaps drivers too lazy to walk a few metres.
[Details of vehicles not made public.]

Yours sincerely,
[name removed]

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Dear [name removed],

As shown on the attached traffic control plan, the bike lanes at Walkerville Terrace are being realigned as part of the streetscape works to allow for safe and continuous movement of bicycle traffic along the Terrace, including adjacent to the newly constructed kerb protruberances.

The road will be re-linemarked following the reinstatement of asphalt road pavement.

I trust this addresses your concerns; should you have any other comments or queries, please feel free to contact me.

Regards
[name removed]
Executive Planning & Infrastructure

The Corporation of the Town of Walkerville
66 Walkerville Terrace, Gilberton SA 5081
P O Box 55, Walkerville SA 5081
[name removed]

Fwd: Walkerville Council blocks bicycle lane with concrete

Request from reader to post this issue:
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

----- Original Message -----
From:
To: walkervl@walkerville.sa.gov.au, adelaide@parliament.sa.gov.au
Sent: Sun 15/08/10 11:25 PM
Subject: Fwd: Walkerville Council blocks bicycle lane with concrete
02082010.jpg (71.6 Kb) attached

Are you aware that in July roadworks in progress in Walkerville Terrace, Walkerville, included the blocking of a bicycle lane? See attached picture.

This squeeze point will create a safety hazard when cyclists are forced into the traffic lane to continue their journeys. This seems short sighted considering:
1. Road safety campaigns for vulnerable road users eg A Metre Matters and Fatal Five.
2. The increase in obesity related ill-health due to insufficient daily exercise.
3. Road congestion caused by motor vehicles
4. Sustainable transport of the bicycle can slow climate change. The average Australian household produces 14 tonnes of greenhouse emmissions per annum for transport. In Australian capital cities, up to 50% of trips are less than 5km, an easy cycling distance.

I recommend that you read further info on the website of the Cycling Promotion Fund, including how cycling is good for business.

Will Walkerville Council rectify this recent oversight of blocking a bicycle lane and increasing cycling hazards?

&&&&&&&&&&&&&&& END OF FORWARDED MESSAGE &&&&&&&&&&&&&&&&&

Councils on notice - Bike Victoria article

http://www.bv.com.au/join-in/42075/

Pedestrians in Bike Lane

A common site for cyclists.

The passing car nearly collided with the cyclist haveing to move onto the road.

Bike Lane squeeze, Sturt Rd, Corner Marion Rd

This has it all...
- Narrow lane (can not fit picture of bike in it)
- Service cover
- Rough bitumen
- Ends when you need it the most (squeeze point)

Sturt Rd, Corner Marion Road

Fwd: Railway Tce Sth - Video footage

This hazard that was reported a year ago has now caused damage to a cyclist equipment. See report here...
http://www.adelaidecyclists.com/forum/topics/new-wheels-pot-holes-and-space

No doubt council will say "not liable in tort" or "we have an exemption from liability under section blah blah blah".

Here's a response you can run by a lawyer...
The hazard was reported 12 months ago, and the inaction by council to remove the hazard is FACTUAL CAUSATION of the damage occured.

There is NO EXEMPTION to this.

(NOTE: These comments are not made by, or been discussed with the cyclist who's bike was damaged. These comments are driven by the damage i have incurred over the years from bad roads, and the escape clause that road authoritys (and councils) use, pretending they did not know about a hazard and hence "Not liable in tort".)

---------- Forwarded message ----------
Date: 20 May 2009 15:12
Subject: Hazard. Railway Tce Sth - Video footage
To: pobox1@unley.sa.gov.au

Hello (pobox1@unley.sa.gov.au)

The section of Railway Tce South from Goodwood Rd to Devo Tce South is very poor and a hazard to cyclists. There are many rough patches, and a cyclist that stikes the rough patch, or avoids the rough patch, is at risk of collision with a passing vehicle..

Here is a link to a video of that section.

,,,,,,,

Please contact me in regards to the action you will take to remove the hazard to cyclists.

Regards

---------- Forwarded message ----------
Date: 2009/5/16
Subject: Hazard. Railway Tce Sth
To: pobox1@unley.sa.gov.au



Corner Railway tce Sth and Devo St Sth

Regards

Fwd: Road Safety? Not in Adelaide...

To The Australasian College of Road Safety

http://www.youtube.com/watch?v=65n-88K6R6U

Adelaide buses "crab" down the road, with the rear of the bus 100 to 300mm closer to a cyclist than the front. This happens on a road with a camber.

On 24 June video footage and correspondence was sent to Director of Road Safety, DTEI, Mr Martin Small, stating It is only a matter of time till a cyclist is injured or killed due to this fault. A reply on 30 June stated this information was forwarded to the Departments Public Transport Division.

At the request of an administration person from the Department of Transport, I sent a second copy of the letter and CD (Video) to Dept of Transport, 71 Transport Rd, Netley, on 7 August 2009.

I have received no response in this regard, and from this video evidence (http://www.youtube.com/watch?v=65n-88K6R6U) of bus WMW174 there seems there has been no effort to remove this hazard.

I have telephoned the office on 2 February 2010 with a request to be called back.

My concern is that;
- faulty buses are not identified by the drivers, inspectors or maintenance inspection processes, and
- no action has been made to remove this hazard, nor improve processes to prevent re-occurrence.

If there is such a thing as "The Australasian College of Road Safety" then i hope you can help.

Bike Lanes - The NORM for Adelaide...

King George Ave Brighton South Australia (Reported to Holdfast Council over 12 months ago but no action taken to remove hazards at edge of bitumen)










Sturt Road, heading East, crossing Marion Rd (South Australia)

Three of the images above are taken on Anzac Hwy.

According to the Department

The bike lane is "... in a generally acceptable condition".

See the letter here...

http://rideoutloud.blogspot.com/2009/08/anzac-hwy-acceptable-condition-of-road.html

Here is the information provided...

http://rideoutloud.blogspot.com/2009/07/anzac-hwy-edge-of-bitumen.html

also...
Edge of Path hazard:






































report sent to council April 2004

Another bus that will kill cyclists (Continued...)

Reg No WMW174

See same video on YouTube:
http://www.youtube.com/watch?v=65n-88K6R6U

Other reports can be viewed here:

http://rideoutloud.blogspot.com/search/label/Hazard%20-%20Killer%20bus

Reported to It's Buggered, Mate

http://its-buggered-mate.apps.lpmodules.com/incidents

Uninterrupted travel along coast - False statement

The news item in The Advertiser suggests that this will be happening soon.

Really. Can we have a date on that?

I suspect no date will be provided, and the news is misleading and false.

Fwd: Killer bus - WJP686

This is another bus that "crabs" down the road.

The rear of the bus is approx 50mm closer to a passing cyclist that the front.

The problem is worse on a road with a camber (for example Brighton Rd and Anzac Hwy).

Regards

Administrator
www.roadrepair.wikispaces.com

Bus Danger at Glenelg