Victoria will join other states next year with a rule requiring motorists to give cyclists room when passing, potentially putting the lives of motorcyclists in jeopardy.
The bicycle overtaking/passing law had been proposed for Victoria before, but was rejected.
This is despite the fact that driving a car too close to a cyclist is already covered by dangerous driving laws which are enforceable.
The laws have been opposed in the past by a variety of motorcycle rider groups.
Motorcycle Riders Association of Australia spokesman Damien Codognotto says the proposed law may not be enforceable.
“Measuring the distance between a moving car and a bicycle is near impossible,” he says.
“Police would need a clear line of site to both the car and the bicycle and present measuring evidence reliable enough to be accepted by a court.
“This happens when a city-centric law makers make statewide decisions. “
He has called for statistics on car/bicycle crashes in states with the laws and the number fines issued.
“On roads with speeds over 60km/h the bicycle passing law generates deadly situations,” Damien says.
“To avoid fines, drivers swing wide crossing to the wrong side of the road. On the Great Ocean Road, and others like it, this law will contribute to the road toll not reduce it.”
John Mulder is a member of both the Classic Motorcycle Club of Victoria and the Australian Street Rod Federation which entitles him to describe himself as a “genuine motoring enthusiast”.
“I’m a strong believer in the principle that the needs of all transport users in our community should be given equal value and the needs of one particular group should not be promoted at the expense of another,” he says.
John’s appointment to the RACV board would not only bring an active motorcyclist’s perspective to the table but also the experience of a company director with a long list of senior executive and non-executive director appointments to his name.
If John is successful in his bid to join the RACV board he would be ideally placed to represent the interests of all Victorian motorcyclists during future policy development discussions.
John and his wife Annie are both part of the Victorian motorcycling community, and living in Torquay at the start of the Great Ocean Road why wouldn’t they be!
His ride of choice these days is a 1977 Harley he brought in from the US 10 years ago and has lovingly restored.
The ACV’s first run from Melbourne to Mordialloc on December 6, 1903.
John says he is happy to speak with anyone from the motorcycling community who has a view on the future of our passion.
“The key matters raised with me to date include the lack of transparency surrounding the Victorian motorcyclist safety levy, the lack of consideration given to motorcyclists in road construction and road maintenance activities, and the cost of registration in Victoria given the modest impact that motorcycles have on our road surfaces compared with other vehicles,” he says.
“When speaking with fellow riders I get the distinct impression that many believe that over recent times our needs have most definitely been compromised by Government policy that is focused more on the needs of drivers, cyclists and public transport users.
“Motorcyclists find this trend difficult to understand when several reputable research studies have confirmed the benefits of promoting motorcycling within our communities.
“The positive impacts on traffic congestion, pollution, and parking in built-up areas are obvious for all to see,” he says.
Voting is now open and if you are an RACV member check your inbox for an email from CorpVote or your mobile for a text message.
If you have received neither contact CorpVote on 1300 147 797.
The majority of RACV members haven’t chosen to vote in previous elections but if you want your interests represented on such a significant Victorian motoring body, exercise your right and help put John Mulder on the board. Voting closes on 30 September 2020.
Learner riders had previously only been fined for the offence.
Now they cop a demerit point for not wearing an approved hi-vis vest or jacket.
They will also now get three demerit points for riding without a “supervising driver (sic) sitting on the seat beside (sic) them” and one demerit point for not displaying an L plate.
Vest of shame
John Eacott chooses to wear high-visibility gear but says it should not be compulsory
VMC media spokesman John Eacott says the rider learner permit changes are “unwarranted” and not a safety issue.
“The application of a requirement to have the Vest of Shame (aka the hi-vis safety vest) ‘securely fastened’ becomes a safety issue on hot days as it leads to heat stress and reduced rider competence,” he says.
“This was highlighted shortly before the RIS when the Minister for Roads and Road Safety was shown the testing procedures at Deakin University of garments for MotoCAP.
“It is bizarre to have a requirement for a hi-vis vest for Learners and then demand it be worn in a manner to reduce rider efficiency. This was brought to the attention of the Department of Transport, but appears to have been ignored and not even mentioned in the summary of responses.”
We asked the Department of Transport for the number fines issued since the rule applied in 2014 and what consituted an approved vest/jacket.
No reply has yet been received but we will update if/when they do.
L plate demerit point
The VMC also claim the L plate demerit point is unfair as a plate can easily fall off a motorcycle resulting in a rider losing their licence and their only mode of transport.
“There is no road safety risk or road user behaviour targeted by the sanction, therefore no genuine road safety objective served,” their submissions says.
“A motorcycle is an arduous exposed environment, experiencing vibration, winds, rain, road grime/fumes and sunlight/UV exposure.
“L plates are typically plastic, embrittle with time and are not very resilient to these exposed service conditions.
“As a result, an L-plate may fall off during a ride without the knowledge of the rider since plates are affixed to the rear of the motorcycle.”
Hi-vis mandated
The learner hi-vis rule was introduced in 2014 despite the state government’s road safety committee citing a European road safety research that found the benefits of wearing a high-visibility vest depended on the time of day and location.
Since its introduction, there has been no study into its effect on crashes among learners and the Traffic Accident Commission does not differentiate learner riders in its statistics.
The Prof has reviewed several international studies on motorcycle conspicuity and “look but fail to see” accidents and says there is “sufficient doubt” of the effectiveness of hi-vis to call for a repeal of the mandatory requirement.
He says the studies had varied findings suggesting:
Dark clothing is more visible in certain lighting situations;
Hi-vis rider gear may be less visible in certain conditions; and
Hi-vis clothing could create a “target fixation” for motorists, causing them to steer toward the wearer.
Richard also says he regularly wears a hi-visibility jacket when riding, but has still been hit by a car.
“The driver claimed they didn’t see me, from a distance of less than 2m, as they changed lanes on top of me,” he says.
When the law was introduced, the VMC cited Prof Huggins’s research and objected to the rule on several grounds:
Wearing hi-vis clothing may impart a false sense of security for novice riders;
Modern research shows that people don’t recognise or react to motorcycles, rather than not seeing them at all;
Drivers are more likely to see a bike but make an error in timing;
All bikes have hard-wired headlights yet no research has been done on how this affects hi-visibility; and
If hi-vis is a real safety issue, why are there no greater penalties for drivers who crash into people wearing them?
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