A driver who caused the death of a rider has walked free from court over a technicality that allows motorists to dangerously pull over on the side of multi-lane highways and motorways.
Burpengary rider Luke Harris, aged just 25, died on 28 December 2017 in a crash caused by a ute pulling out in front of his Honda on the Bruce Highway.
Ute driver Cameron Woodvine was charged with dangerous operation of a motor vehicle causing death.
He told police he had pulled off on the right side of the highway to look for his wallet in a narrow roadside area that is not a designated stopping bay.
Luke’s sister, Renee Harris, says Luke was riding his bike in the far right lane when he collided with the ute as it slowly re-joined the highway.
He was thrown from his bike into the path of a BMW car which also crashed into another car stationary on the other side of the road.
“Luke had nowhere to go,” Renee says.
Luke with his mother Sue and sister Renee
Free
Woodvine appeared in the District Court in Brisbane on 23 July 2019 and two days later was found not guilty.
“There were no other charges, court fees, disqualifications, etc,” Renee says.
“Unfortunately this person walked free mainly due to outdated terminology in the current road rules,” Renee says.
Queensland Road Rules only allow motorists to pull over in a freeway emergency lane and only in an emergency. Otherwise, they must not stop on a freeway.
Luke with his Honda
Petition
Family friend Cressida Fraser, with the support of Luke’s family, has now started an online petition to Queensland Parliament to add multi-lane motorways and highways to the rules.
“Had this person not pulled over for a non-emergent reason then this accident never would have occurred and Luke would still be here today,” Renee says.
“We don’t want another family to have to suffer the way we have not only with the pain of losing Luke but also the impact the not guilty verdict then had on our family.”
Cressida says the current rule makes it “potentially dangerous” for all motorists.
“With traffic flowing at 100km/h, it has the potential to be fatal, especially on bikes with much less protection than cars,” she says.
“Luke’s accident was the result of outside sources and not having a way out.
“It could happen and has happened to many riders, experienced or new. We just hope this can be the start of making even a small difference to rider safety.”
Just days after we published an article in which Queensland Police waived an erroneous fine for a “void” helmet sticker, a second similar incorrect infringement has surfaced.
And it seems one of the chiefs of the Road Policing Command is so out of touch with the Australian and Queensland Road Rules and Standards he even thinks European-approved helmets can’t be sold legally in Queensland stores.
The lack of police knowledge about helmet rules has alarmed the new Australian Motorcycle Council chairman, Guy Stanford.
He has called on Police Minister Mark Ryan and Police Commissioner Katarina Carroll to ensure officers are correctly educated about the rules before more riders are erroneously fined.
And Queensland is not the only state where police are getting the rules and standards wrong. Click here for more details.
Incorrect fine
Ian with his “void” sticker
In the first instance of an incorrect helmet fine, a rider had an external sticker showing “VOID” from sun exposure and an internal certification label affected by wear and sweat.
Neither the Australian Road Rules nor the Australian Standards make any reference to an age limit for motorcycle helmets.
Police admitted their error and said it was an “isolated incident” and “the officer has been given guidance regarding the matter”.
However, that is not the case and police are issuing incorrect fines because they apparently don’t know the relevant road rules and helmet standards.
Second fine
In the second incident, Robbie Graham copped a fine for a non-compliant helmet even though it had a proper Australian compliance sticker on the outside although the interior label had disappeared with normal wear and tear.
Sticker
No label
Guy says riders only need one form of certification “mark” on their helmet, either the external sticker or internal label, not both.
He says there is no reference in the road rules nor standard to helmets being non-compliant because of the wear and tear to the certification sticker or label.
The Queensland Department of Transport also notes that “either” a sticker or label is all that is legally required.
Fight against incorrect fine
Robbie has vowed to fight the $400/three-demerit-point fine and has written to the Police Commissioner and Department.
We also contacted Police HQ to ask why this has occurred, how they would ensure proper education of their officers and whether they would waive the incorrect fine.
Their insufficient reply did not answer any of our questions.
Instead, police referred us to the officer in charge and said “personal correspondence has been provided to the relevant party regarding this matter”.
That “personal correspondence” consisted of a phone message left for Robbie by an officer from the Organised Crime Gangs Maxima Road Policing Unit.
The message suggested Robbie had “two options — you can pay the fine or go to court”.
We contacted the phone number supplied and spoke with the Officer in Charge of the unit, Sgt Cameron Wilson.
The Sgt agrees that riders only need either the sticker or label as stated on the Department of Transport website and admitted by police in waiving Ian’s fine.
However, he says if the helmet only has the sticker, it needs to have all the information that is on the internal label as well as a date of manufacture.
Guy Stanford
Guy points out that there has never been any external sticker with all that information and the date of manufacture is superfluous because there is expiry date requirement for helmets.
Not only was his interpretation of the rules askew, but he didn’t even know that European-approved helmets could legally be sold in shops.
We asked Police HQ what training police received on helmet rules.
They replied: “Although there is no specific formal training package regarding motor cycle helmets, all officers are trained in statutory interpretation to enable them to enforce the law.”
Guy says the term “trained in statutory interpretation” sounds like something the Red Queen from Alice in Wonderland would say.
“Perhaps this Sergeant needs to take advice from a hookah-smoking caterpillar before he goes crimson with rage and demands “Off with his head!” before going off to play croquet using flamingos for sticks,” he says.
“We really are in some childish alternate reality with this stuff.”
Court option
While police continue to incorrectly issue helmet fines, riders are left with the two options of paying a fine for an offence they did not commit or waste the court’s time and their time with the expense of a court hearing.
“They shouldn’t be issuing incorrect fines to people in the first place,” Robbie says.
“This doesn’t show ethics or integrity. It’s just wrong.
“You have to stand up for everyone else not just yourself.”
We contacted the Police Minister who has now asked the police to investigate the matter.
The Police Commissioner has been asked for comment, but is busy with bushfires this weekend and may not reply until next week.
We will follow the progress of Robbie’s fine challenge.
A fundraiser page has been started to raise money for the family of rider Scott Rose who was killed in a collision with an unlicensed driver at Tumbulgum, NSW, on Monday (2 September 2019).
Scott died in the crash at the intersection of Riverside Drive and Tweed Valley Way in Tumbulgum near Tweed Heads, about 3.20pm on Sunday.
The driver left the scene and another rider involved was injured but later released from hospital.
Graham Belcher, 52, of Britain, was arrested at Brisbane International Airport on Tuesday (3 September 2019) at 2am as he was about to board a flight to Hong Kong.
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 November 20.
Family 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 and Nash.
“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.
“At this horrible time of need it would be most appreciated if as a community we can get together to support Tenniel, Nash and Lacey so that finances are one less thing they need to worry about.
“It is one burden that we can actually help to lift. All funds donated will go directly to the family to assist with all related costs and assist in supporting this family through this time.
“Thank you in advance to everyone who donates, to all of the people who have offered their support and kindness, the first responders on scene, and those who went past the accident and stopped to help, we are forever grateful.”
If you have been fined for speeding based on a police officer’s estimate or “check speed”, there may be several defences, says NSW traffic and criminal law specialist Chris Kalpage.
Now, Chris follows up with information a lawyer seeks when defending a rider on a speeding fine based on an estimate:
Collecting information
As I stated in my previous article, photographs of where the incident occurred are a great help as it provides information about what may have obstructed the proper tracking of the vehicle.
Distances will also enable the calculation as to the distance over time and therefore the potential speed.
We usually attend the police station to see the police in-car video (ICV). That video will show in many cases what the officer could see and what you may have said when pulled over.
In a hearing, the officer may produce a transcript of what you said which is another reason to be wary of saying anything.
If it is an in-car radar breach, it provides us invaluable information of what speeds were registering, the time between observation of the vehicle and locking the speed, and any other matters that could potentially affect the Doppler beam or the reading on the radar, in addition to the patrol speed of the police vehicle.
Check speed
A “check speed” fine is based on the speed the police vehicle was travelling.
In this case, examining the ICV will show whether the officer had the ability to maintain a consistent distance and speed to provide an accurate reading.
In many of these cases I have observed the highway patrol (HWP) vehicle being baulked by slower vehicles that the smaller, lighter and more nimble motorcycle has been able to get around unaware they are being followed.
When the HWP vehicle gets around the obstruction, seconds have gone past and the police have to accelerate hard to catch up.
In the heat of catching up, it has, on occasion, been that the speed alleged is the speed of the HWP vehicle and not that of the bike.
Similarly, if the HWP vehicle is parked on the side of the road and the officer has to accelerate in pursuit, there is often a degree of hard acceleration involved.
The ICV may also show whether the officer was able to view the bike consistently during the test or lost sight of the vehicle, which would put the check speed or estimate in question.
Example case
A rider on the Old Pac (Image: YouTube)
I ran a case on the Old Pacific Highway where the officer passes the bike and the radar showed the bike was travelling at the speed limit of 80km/h, as shown in the ICV.
The bike pulls into Pie in the Sky cafe and a number of minutes later the HWP vehicle pulls in. The officer gets out and starts yelling at the rider and charges him with speed over 45.
When I examined the ICV it showed the bike had travelled past the HWP vehicle at 80km/h but more importantly the police vehicle had done a u-turn and did not see the offending motorcycle until it was pulling up.
So how was an estimate or check speed of more than 45km/h made in the absence of seeing the vehicle?
More importantly, why had the HWP been unable to catch up to the bike, which was the other issue, relied on by police seeing the PV had been hitting speeds of 140-150km/h.
On closer examination of the video it was seen that the HWP vehicle was held up when doing its u-turn by several cars pulling out of Brooklyn, including a learner driver who held up the police by a considerable amount of time.
As many riders are aware, if you give someone a 15-second rolling start at the track, it takes a long time and a lot of speed to catch up. We obtained scientific calculations relating to this, which established that the bike could not have been travelling at the speed alleged. Our client was successful at the hearing.
Chris Kalpage sets up for a track session
Officer’s estimate
A police officer’s estimate is the least reliable assessment of speed.
Observing the ICV may give us information as to time and distance that the officer had to make their assessment.
I ran a case where two bikes crested a hill on the Putty Rd at the same time as a police vehicle travelling in the opposite direction. The officer saw the bikes and locked on to their speed within a second.
They did not allow for three seconds of observation and testing with the radar, nor did they allow for multiple vehicles in the beam.
When that was challenged, the officer relied on his estimate which was dubious because of the short observation time as the bikes went past.
At the hearing, the officer conceded a lesser speed and our client retained his licence.
The longer the observation, the greater the accuracy of the estimate.
If an officer is coming around the corner as you are tipping in going in the opposite direction we have to challenge the speed estimate over the length of observation time.
Often it is based on a momentary snapshot and preconceived ideas based on the rider’s posture on the bike, noise, etc, not hard facts. Therefore, it is subject to challenge.
Technology
Potentially more accurate forms of speed assessment such as lidar and radar needs more careful analysis which will be covered in a future article.
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 bet contacted on 0418 211074.
The death of a 61-year-old West Rockhampton man in a crash involving four motorcycles on the Moonie Highway yesterday highlights the risks of riding in a group.
Several riders were travelling west on the highway, about 20km west of Westmar, when one motorcycle collided with two others around 1.30pm.
Queensland Police says their preliminary investigations indicate a fourth motorcycle, which was also travelling with the group, crashed as the rider attempted to avoid the initial crash.
The West Rockhampton man was transported to St George Hospital where he was pronounced deceased.
A 50-year-old woman and a 69-year-old man were also transported to St George Hospital where they remain in a serious condition.
Our sincere condolences to families and friends and our best wishes for a full and fast recovery for the two injured riders.
The Forensic Crash Unit is investigating.
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: QP1901726246
Group riding risks
The incident is similar to a group riding crash in July in the Lockyer Valley west of Brisbane.
Police said one rider ran into a vehicle while overtaking another and the four other motorcycles crashed while taking evasive action.
A British man facing multiple charges involving a fatal crash with two motorcycles on Sunday was an unlicensed driver in a rental car.
Graham Belcher, 52, of Britain, was arrested at Brisbane International Airport yesterday (Tuesday 3 September 2019) at 2am as he was about to board a flight to Hong Kong.
He will appear in Tweed Heads Local Court today.
NSW Police will allege his rental car was involved in the crash at the intersection of Riverside Drive and Tweed Valley Way in Tumbulgum (pictured above) near Tweed Heads, about 3.20pm on Sunday.
Crash scene
A male rider died at the scene and the other male rider was taken to Tweed Heads Hospital with minor injuries.
The driver of the vehicle failed to stop.
NSW Police have successfully applied for his extradition in Brisbane Magistrates Court yesterday.
He will appear in Tweed Heads Local Court this morning charged with an outstanding warrant, as well as:
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.
He is expected to be remanded in custody to appear at a later date for a hearing.
His arrest was a joint operation involving the Crash Investigation Unit, Traffic and Highway Patrol Command, Tweed Byron Police District officers, Australian Federal Police, Australian Border Force and Queensland Police.
Police had appealed for the public’s assistance to locate the Hyundai with Queensland registration 170-ZCP.
Similar Hyundai
It was found late yesterday in Terranora and seized for examination.
Inquiries into the events leading up to the crash are continuing.
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.
Our condolences to the deceased rider’s family and friends and our best wishes to the other rider for a quick and full recovery.
A highly visible police presence will target motorcyclists on Victorian country roads enjoying the warmer spring weather in Operation Argus this weekend.
Road Policing Command Assistant Commissioner Stephen Leane says officers would have a “heavy emphasis on motorcycle safety”.
“As we head into spring we expect riders to start getting their bikes out of the garage and making the most of the warmer weather,” he says.
“We don’t want to see a repeat of the beginning of the year, where too many people never finished their ride.
“If a motorcyclist leaves the road, they don’t stand much of a chance. Sadly we have already seen more riders die on our roads this year than the whole of 2018.”
So far this year, 32 riders have died on Victorian roads compared with 21 by the same time last year and the five-year average of 24, according to the Traffic Accident Commission.
Over the past 12 months 49 have died compared with 34 the previous 12 months and the five-year average of 38.
However, Victorian Motorcycle Council media spokesman John Eacott said the scant Victorian Police assessment of crash statistics was “absolutely meaningless”.
Visible police presence
Beautiful Victorian spring weather entices riders
The highly visible police presence will target speeding, drink and drug driving, fatigue, seatbelt offences and driver distraction.
There will also be a strong focus on country roads, where the increase in lives lost has predominantly occurred.
“Road trauma doesn’t discriminate and we have seen that time and time again – we just can’t afford to take gambles on the road,” AC Leane says.
“We’re taking road safety seriously and we need Victorian motorists, cyclists and pedestrians to do the same.”
Operation Argus runs from 12.01am tomorrow (5 September 2019) to 11.59pm Sunday (8 September).
A driver, 52, wanted in connection with a double motorcycle crash that killed one rider and left another injured has been arrested about to board a flight to Hong Kong.
NSW Police will now apply for the extradition of the man, who was arrested trying to board an overseas flight in Brisbane this morning (Tuesday 3 September 2019).
A male rider died at the scene of yesterday’s crash involving two motorcycles and a blue 2019 Hyundai i30 rental car which failed to stop.
NSW Police say the crash occurred at the intersection of Riverside Drive and Tweed Valley Way in Tumbulgum (pictured above) near Tweed Heads, about 3.20pm.
The rider died at the scene and the other male rider was taken to Tweed Heads Hospital with minor injuries.
The driver of the vehicle failed to stop.
Driver arrested
The man was arrested at 2am today at Brisbane International Airport after a joint operation between the Crash Investigation Unit, Traffic and Highway Patrol Command, Tweed Byron Police District officers, Australian Federal Police, Australian Border Force and Queensland Police.
He is currently in custody at the Brisbane watch house.
Crash Investigators will seek extradition to speak with the man about the collision.
Police are appealing for the public’s assistance to locate the Hyundai with Queensland registration 170-ZCP.
Similar Hyundai
It is believed the vehicle has considerable damage to the right-hand side and a missing front registration plate.
Crash investigators believe this car could be in northern NSW or South East Queensland.
Inquiries into the events leading up to the crash are continuing.
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.
Our condolences to the riders’ family and friends and our best wishes to the other rider for a quick and full recovery.
A 64-year-old male rider has died after crashing into a ditch near Kempsey on the NSW mid-north coast about 12.15pm yesterday (Saturday 31 August 2019).
NSW Police say he was riding his Ducati along Gowlings Hill Road towards the intersection of Dondingalong Road, Dondingalong.
“As the man attempted to negotiate the bend, he appears to have lost control, leaving the roadway, and crashing into a ditch,” police say.
“The man was thrown from the motorcycle and was seriously injured. The man was assisted by members of the public until emergency services arrived.”
He was taken to Port Macquarie Hospital where, sadly, he died.
Our condolences to the man’s family and friends.
Concern about police crash reports
MBW comment
Since police will prepare a brief for the Coroner it is presumptuous of them to assume the circumstance of this crash.
There are many other possible explanations including stray livestock or wildlife, or another vehicle.
Our concern is that references to riders “losing control” creates the impression in the public’s mind that riders are reckless or careless.
Statistically, riders are the most likely motorists to be involved in a crash.
However, statistics also show that at least half of all motorcycle crashes involve another vehicle.
And it could be much higher.
If another vehicle causes a motorcyclist to crash, but then leaves the scene, it is considered a single-vehicle accident.
This sort of scenario is difficult to prove, but if police make reference to the possibility another vehicle or animal is involved, then it is a fairer assessment of a motorcycle crash where the cause is not known.
It would also provide the public with a fairer view of motorcycle crashes and may educate them to look out for vulnerable riders.
Currently, biased police reporting of motorcycle crashes such as this only serve to demonise riders in the eyes of the public.
How can we expect other motorists to look out for riders or be concerned about our vulnerability if they think we are careless or have a death wish?
Police have waived a Bribie Island rider’s $400/3point infringement for having a void helmet sticker in a test case that proves riders can legally remove the external sticker.
Ian Joice, 63, says he was pulled over by police on Bowen Rd, Glass House Mountains, on 12 August 2019 at 11.38am.
He says the officer noted the external sticker had the word VOID across it from age and sun damage while the internal label was faded due to wear.
Internal label
A week later he received an infringement notice in the post for “fail to wear helmet”.
So he contacted Motorbike Writer after reading our article which advised riders that is legal to remove the external sticker.
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