If you head into roadworks, get ready to rumble over new temporary yellow rumble strips that have been deemed a safe for motorcycles.
The temporary portable rumble strips have been trialled in NSW for the past two years and have been used in other states including Victoria, Western Australia, South Australia and Queensland for a few years.
Now the bright yellow 20mm high strips are being formally introduced into NSW.
Rumble safely
Temporary rumble strips are used throughout the world
We asked SafeWork NSW if the strips would pose a slip hazard for riders, but they claim they “are safe for vehicles to drive over, including motorcyclists”.
We suggest riders approach the strips slowly and at right angles so the front wheel doesn’t slip along the leading edge.
They will be installed along with road signs and warnings on selected roadwork sites where the speed limit is 60km/h or less.
These rumble strips do exactly that … they “rumble” or vibrate when you ride over them.
They may also cause a slight bump in your bike’s steering.
Roadworks crashes
Waiting at roadworks lights
SafeWork NSW Executive Director Operations, Tony Williams, says the temporary strips are a response to crashes at roadworks.
“With the current amount of roadwork projects and investment in NSW the more workers we have out there developing our infrastructure, the more we need to address the risks associated with construction work,” he says.
“Many workers are seriously injured or killed when hit by moving plant, or in on-site vehicle collisions.
“Last month a worker sustained multiple fractures after he was struck by a vehicle when collecting warning signs at a Hornsby roadwork site.
“Rumble strips are a simple way to remind drivers and motorists that they are in a higher risk area.
“Other essential safe work systems include separating workers from moving plant and vehicles wherever possible, with physical barricades, exclusion zones and segregated work processes.”
Three riders have been injured in getaways from police and a crime scene in the past week on the Gold Coast.
A rider who evaded Gold Coast Police about 7pm yesterday (29 November 2019) was later injured in a crash with a car at Broadbeach Waters.
The crash occurred at the intersection of Rio Vista and Hooker Boulevards, where the motorcycle and a car had collided.
The rider was transported to Gold Coast University Hospital with serious, non-life threatening injuries.
The driver of the car was not physically injured.
Police say it was a “traffic intercept” but the rider allegedly failed to stop.
“Police did not follow,” they say.
The man remains in hospital and has yet not been charged.
If you have information for police, contact Policelink on 131 444 or provide information using the online form 24hrs per day.
You can report information about crime anonymously to Crime Stoppers, a registered charity and community volunteer organisation, by calling 1800 333 000 or via crimestoppersqld.com.au 24hrs per day.
Quote this reference number: QP1902374337
Stolen bike
It follows an incident earlier in the week where two men were hospitalised in serious conditions after trying to flee on a stolen motorcycle after an alleged break-in attempt in Kingsholme.
Police believe they were attempting to break into a home on Upper Ormeau Road around 6pm, when they were caught by neighbours.
One of the neighbours reportedly was hit in the face with a bag wielded by one of the mean and another suffered a broken nose in the scuffle.
The two alleged offenders fled the scene on a motorbike but crashed a little way down the road.
They’ve were taken to the Gold Coast University Hospital in serious but stable conditions.
A 26-year-old Logan Central man and a 33-year-old Logan Central man were charged with assault occasioning bodily harm while armed, armed robbery and burglary.
An as-yet unidentified male rider has died in a motorcycle crash at Tallandoon, Victoria, this morning (29 November 2019).
Victoria Police and emergency services were called to the heavily wooded Lockharts Gap Road (above) after reports a motorcycle had veered down an embankment about 9.45am.
The male rider, who is yet formally unidentified, died at the scene.
Investigations continue into the cause of the crash.
Lockharts Gap Road remains closed between the Omeo Highway and Sandy Creek.
Victorian Police are appealing to anyone who witnessed the incident or has dashcam footage to contact Wodonga Highway Patrol or Crime Stoppers on 1800 333 000 or submit a confidential report at www.crimestoppersvic.com.au
Our sincere condolences to the rider’s family and friends.
Death toll
Victoria Solo Unit motorcycle police
The tragic death brings the Victorian motorcycle death toll so far this year to 42, which is six more than last year and well above the five-year average of 34.
That’s an increase of 14% over the previous year, while driver deaths are up 12%.
However, cyclist deaths are up 80%, followed by passengers 45% and pedestrians 42%.
All up, Victoria’s road toll is 241 so far this year which is 24% up on the same time last year and 5.7% above the five-year average of 228.
Clearly the current road policing strategy is not working and there is a need to try new initiatives, not just target motorcyclists.
Eastern Region Road Policing Inspector Stephen Cooper said at the time that this year has been “particularly challenging” on Victorian roads, with a “lot of the trauma taking place in country Victoria”.
“At the beginning of the year we saw a lot of fatalities and serious injuries involving motorcyclists,” Insp Cooper said.
“With the warmer weather encouraging riders to get back on their motorcycles, we want everyone to know that police will be out enforcing against those who engage in risky behaviour.”
Unlike drivers, any accident involving a rider and pillion is likely to have more serious consequences and a greater likelihood of a criminal charge as injury and death is more likely.
Now the motorcycling enthusiast solicitor advises on the serious consequences of being involved in a motorcycle crash:
Chris Kalpage sets up for a track session
Serious consequences
Most people who have an accident where they are at fault face the consequences of, at least, a charge of negligent driving. Unfortunately unlike a minor car accident where driver and passenger are uninjured an accident on a motorcycle is more than likely to result in injury. If your pillion is injured you are at considerable risk of being charged.
I have acted for clients who have had accidents where their pillions have had deep cuts, broken bones and even died and the rider has been charged. Although, after a protracted court case, they have been acquitted.
In the case of death or serious injury, there are the serious consequences of facing jail time if convicted. Generally, if there is a death and a question of fault, the police are likely to charge and leave it to the courts to determine guilt or innocence.
Scientific evidence
The difficulty in these cases and the expense is the need for scientific evidence especially if there are no witnesses.
In one case, a rider and pillion were riding out by the northern beaches late one evening. A taxi driver who was travelling in the opposite direction said he didn’t see the bike — not that he was particularly paying attention — but heard it. As it had a noisy aftermarket exhaust he presumed it must have been going fast.
He saw sparks in his rear vision mirror as the bike hit the embankment. The pillion was high-sided into a tree. The rider’s body was smashed from top to bottom and how he survived the months of coma, hospitalisation and years of surgery and rehabilitation was a testament to his strength of character and determination.
Sadly his pillion died at the scene, the cause of the accident was uncertain but as a person had died he was charged. If convicted he would be incarcerated.
Not only was he recovering from catastrophic injuries and the fact that his friend had died, he now had all the stress of a court case that could take at least a year to complete.
No one had seen the accident, the rider who had a head injury had no recollection of the event at all.
The DPP who had pressure from the family and deep pockets as a government institution kept putting forward expert reports and theories which had to be countered.
Let alone witness statements from people who had seen a bike doing a wheelie 10km from the crash site. On a road that attracts a lot of riders, no one could identify the rider charged as the bike in question.
I got to the scene within hours of the accident and managed to have photos of the scene and debris left from the bike taken.
Spurious arguments
Various spurious arguments were raised by the prosecution:
Because the radius of the curve was such that a bike could go around the curve at significantly greater than the speed limit the rider must have been traveling faster than the hypothetical speed. Our experts assessed the maximum potential speed that the corner could be taken at as much less. Further, the accident occurred before the corner. They also hypothesised that a mark on the road was a yaw mark and therefore the bike was travelling at a certain speed. It was again positively debunked by our expert. Eventually the best the prosecution could estimate was maybe 1km/h over the speed limit.
The police in attendance stood up what was left of the bike and clicked down through the gears then saying that it was in fourth gear and because the analogue tachometer was at 7000rpm it was traveling at a certain speed.This did not take into account that he had a reverse pattern gearshift and that analogue instruments can jump on impact and freeze.
The remains of the bike were held by police at the station. I attended with an expert who did a forensic examination of the clutch cable that showed the likelihood that on pulling in the clutch and changing gear it snapped and momentarily locked the rear wheel, causing a loss of control. Since the pillion sits higher than the rider with limited hold, she was high-sided into the tree. Therefore, the accident may have been caused by sudden mechanical failure and not the manner of riding.
The prosecution tried to argue that the bike had travelled off the road and up an embankment where the pillion was found because there was a black mark on a tree and the bike was black. As I had examined the area within hours and examined the embankment it was clear that the black mark on the tree was from a bush fire having charred the tree. Secondly, they relied on debris that appeared to be at the top of the embankment, which we established, did not belong to the bike.
However every time we debunked the DPP’s theories, they would get a new expert costing more money.
We then ran a committal proceeding in the local court for a number of days to attempt to avoid going to the District Court. The Magistrate in the local court threw out the prosecution case, making scathing remarks against the prosecution and awarding costs.
Conclusions
Early and careful investigation is vital, while jumping to simplistic assumptions is dangerous. If you wait until you are charged, which can be months later, the crash scene may have changed. The road may have changed, surrounding shrubbery that may have obstructed your view may no longer be there, nor those mysterious black marks on trees.
Secondly just because you lose control of your bike does not necessarily mean that you were riding in a dangerous or negligent manner, even if you are riding over the speed limit.
Finally don’t think it can’t happen to you no matter how careful you are. I have had to defend too many people who hopped on their bike that morning never for one moment thinking it would happen to them.
Disclaimer
This article is for reader information and interest only and is based on New South Wales law. It is not intended to be comprehensive, and does not constitute and must not be relied on as legal advice.
Please be aware that every case is different and the matters raised may not be of specific relevance to your situation but may have a general application. You must seek specific advice tailored to your circumstances. Chris is happy to talk to anyone needing clarification. He can be contacted on 0418 211074.
A 35-year-old Nerang motorcyclist has died after colliding with a car on the Pacific Motorway at Gaven on the Gold Coast yesterday afternoon. (27 November 2019)
Police say the accident happened about 3.15pm when the man was riding southbound in heavy traffic on the Pacific Motorway.
Transport and Main Roads image at 3.25pm shows traffic backed up by the crash
His motorcycle collided with a car just past the Pacific Motorway Smith Street Exit 66 on-ramp about 3.10pm.
The rider was thrown into the path of another car.
Despite desperate attempts by paramedics, the rider could not be saved and died at the scene.
A woman in her 20s escaped with minor injuries and was taken to the Gold Coast University Hospital in a stable condition.
Police Forensic Crash Unit officers are appealing for anyone with information or dash cam footage to contact police.
If you have information for police, contact Policelink on 131 444 or provide information using the online form 24hrs per day.
You can report information about crime anonymously to Crime Stoppers, a registered charity and community volunteer organisation, by calling 1800 333 000 or via crimestoppersqld.com.au 24hrs per day.
Quote this reference number: QP1902357156
Our sincere condolences to the man’s family and friends.
Justice seems to move slowly, especially when it involves drivers charged over a crash with a motorcycle or scooter rider.
In the past week, three drivers have faced NSW courts over crashes with riders stretching back almost four months, yet there are no results so far.
While some may be sceptical that the courts are dragging out these matters and will not deliver justice for the dead and injured riders, it is not uncommon that the legal system moves slowly.
Prosecutors have to develop a water-tight case to ensure that the matter is not thrown out on a technicality. This can take time.
Courts are also overloaded and it can be difficult to fit in a matter that could take days to resolve.
We can’t comment on matters that are before the courts, but we can keep you updated with how the matters are progressing to ensure that justice is not only done, but seen to be done.
Slow justice
These matters are among a raft of others we have been following. Here is the latest on these.
Fail to stop and assist after vehicle impact causing grievous bodily harm;
Fail to stop and assist after impact cause injury;
Drive when visiting privileges withdrawn – first offence; and
Not give particulars to injured person.
He has appeared twice in the past week for mentions and a bail variation as well as a change of venue for his next appearance from Blacktown Local Court to Parramatta on December 18.
Case 3
P-plate driver Matthew Giusa, 19, of Kellyville, will next appear in court on 20 January 2020.
A Brit appeared in court via video link today on multiple charges involving a fatal crash with two motorcycles on 2 September 2019.
Tweed Heads Local Court heard that Graham Stephen Belcher, 52, was arrested at Brisbane International Airport at 2am the next morning as he was about to board a flight to thew UK via Hong Kong.
NSW Police allege the unlicensed driver in a rental car did not give way to two motorcycles at the intersection of Riverside Drive and Tweed Valley Way in Tumbulgum near Tweed Heads, about 3.20pm on 2 September.
Scott Rose, wife Tenniel and his children Lacey and Nash
Scott Rose, 39, died at the scene and his riding partner, Barry Nolan, was taken to Tweed Heads Hospital with minor injuries. He later released from hospital.
Brit charged
Belcher failed to stop and his Hyundai rental car was later found abandoned at Terranora.
The Brit was extradited from Queensland to NSW on an outstanding warrant and was also charged with:
dangerous driving occasioning death – drive manner dangerous;
fail to stop and assist after vehicle impact causing death;
negligent driving (occasioning death);
cause bodily harm by misconduct in charge of motor vehicle;
drive while licence cancelled;
not give way to vehicle (give way sign/line); and
driver fails/refuses to disclose his identity.
Bail was refused and he was remanded in custody until today.
The matter has now been listed for 18 December and he was again remanded in custody.
Family fundraiser
Scott Rose, wife Tenniel and his children Lacey and Nash fundraiser
The fundraiser page was started by brother-in-law, Codie Holliday, to raise money to support Scott’s wife Tenniel and his children Lacey, 9, and Nash, 6.
“As the sole income provider for his family, Scott’s tragic death is impacting his family in so many awful ways, including financially,” Codie says on the fundraiser page.
Scott was a maintenance technician at Movie World and Sea World.
Codie says Scott “loved riding bikes, fixing them, his kids both have bikes and I’m fairly sure the garage has a number of ongoing bike ‘projects’ always”.
A NSW Police Traffic and Highway Patrol officer has been injured in a “single-vehicle crash” on the Central Coast about 4.15pm today (Sunday 17 November 2019).
Police say the male officer was riding an unmarked motorcycle on Berkeley Road, Berkeley Vale, when he “lost control” and crashed into a guardrail.
“He came off his bike and landed down an embankment,” the police say.
Emergency services were called and came to his aid.
He was treated at the scene for two broken legs and was airlifted to John Hunter Hospital in a stable condition.
At this stage it is unknown if the officer was responding to an incident.
Police from Tuggerah Lakes Police District are calling for any witnesses to the crash, or anyone with dash-cam vision to come forward.
Anyone with information about this incident is urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au. Information is treated in strict confidence. The public is reminded not to report crime via NSW Police social media pages.
A 22-year-old rider and a 72-year-old rider have died in separate crashes in Queensland and NSW yesterday afternoon and police are keen to speak to riders in the area at the time.
Mudgee crash
NSW Police are interested in speaking to about five motorcyclists who were in the vicinity a crash near Mudgeee about 3pm yesterday.
The say a 72-year-old male motorcyclist was found by the side of Bylong Valley Way, Growee, east of Mudgee, after coming off his bike and hitting boulders.
He had suffered serious injuries and was airlifted to Westmead Hospital, where he died shortly after 6pm.
Officers from Orana Mid-Western Police District are investigating the incident and are keen to speak to other riders in the area at the time.
Anyone with information about this incident is urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au. Information is treated in strict confidence. The public is reminded not to report crime via NSW Police social media pages.
Bundaberg crash
In a separate incident, Queensland police say a 22-year-old local man died after he “lost control” and crashed his motorcycle on Smiths Crossing Road, Bucca, 20km west of Bundaberg around 1pm.
Emergency Services attended however the man was pronounced deceased at the scene.
Investigations by the Forensic Crash Unit are continuing with officers appealing for anyone with any information to contact them (details below).
If you have information for police, contact Policelink on 131 444 or provide information using the online form 24hrs per day.
You can report information about crime anonymously to Crime Stoppers, a registered charity and community volunteer organisation, by calling 1800 333 000 or via crimestoppersqld.com.au 24hrs per day.
Quote this reference number: QP1902273081
Our sincere condolences to the two riders’ families and friends.
Bringing you the Best Motorcycle News from Around the Web!
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok
