BIKE LEGISLATIONS.

What constitutes ‘dangerous driving’ as interpreted by the High Court over time was very recently discussed in the Victorian Supreme Court by Justice Kaye in R v Scholl (Ruling No 1) [2009] VSC 198 (22 May 2009). It was discussed in the context of the offence of dangerous driving causing serious injury or death under the Crimes Act 1958.

In his ruling, Justice Kaye made the following comments:

1. The test is whether an ordinary person, when looking at the way the vehicle is being driven, recognises the manner of driving as dangerous.
2. For the driving to be dangerous, it must put the public at some risk over and above the risks ordinarily associated with being on or near a highway. This would include risks created by people driving with less than reasonable care and skill. The driving must be a real danger to the members of the public who may be upon or in the vicinity of the roadway on which the driving is taking place.
3. The conduct of the wrongdoer must create a real danger to the public and not merely a speculative danger.

Further, the High Court has previously stated the following:

• Manner of driving can include all matters connected with the management and control of the vehicle by a driver when it is being driven. It includes (but is not limited to) starting and stopping, signalling and failing to signal, sounding or failing to sound a warning, as well as any other matter affecting the speed at which and the course in which the vehicle is driven. (R v Coventry [1938] 59 CLR 633)
• Circumstances of the case may include but are not limited to the amount and nature of the (expected) traffic, the speed of the motor vehicle, the observance of traffic signals, the character and condition of the roadway and the condition of the driver’s vehicle. (R v Coventry [1938] 59 CLR 633)
• If the driver is in a condition while driving which makes the mere fact of his driving a real danger to the public, then his driving in that condition may amount to driving in a dangerous manner. (Giorgianni v The Queen HCA 29; (1985) 156 CLR 473.)
• Driving a motor vehicle that is in a seriously defective condition may amount to driving in a manner dangerous to the public (Giorgianni v The Queen HCA 29; (1985) 156 CLR 473.)

Road Legislation Amendment Bill 2009

1 June 2009. Stiff new penalties await riders convicted of serious traffic offences such as dangerous and careless riding.

The Road Legislation Amendment Bill 2009, now going through Parliament, introduces new requirements for bike riders involved in serious collisions.

The legislation also expands the definition of some inappropriate behaviours to include bike riders.

Serious collisions (14, 16)

Bike riders involved in a serious collision that damages property or injures someone will, like drivers, need to ‘render assistance’, exchange names and addresses with the other parties and report the incident at a police station.

The penalty for failing to stop and render assistance is up to five years in prison and 600 penalty units (currently $68,000).

The penalty for failure to provide information to the police is 20 penalty units. (currently $2,268).

In addition if someone is killed or injured the first offence penalties are 40 penalty units ($4,536) and up to 4 months in prison. A subsequent offence is 120 units and from 2 to 12 months in prison. If no one is killed or injured then the first offence is 2·5 penalty units ($227) and up to 7 days in prison. This doubles for a second offence.

Dangerous and careless riding (18, 19)

The changes to the rules also include provisions that allow police to charge a rider with:
* Dangerous riding ‘A person must not drive a vehicle, other than a motor vehicle, at a speed or in a manner that is dangerous to the public, having regard to all the circumstances of the case.’ 120 penalty units or imprisonment for 12 months or both
* Careless riding ‘A person must not drive a vehicle, other than a motor vehicle, on a highway carelessly.’ 6 penalty units (currently $680.52), second offence 12 penalty units

These changes to the regulations are endorsed as they are consistent with Bicycle Victoria's long standing support for responsible behaviour on the roads.

The themes behind the new legislation mirror the concerns brought to the attention of the government about driver behaviour over many years.

Failure to stop and render assistance is legalese for ‘hit and run’. In 2005 the Victorian Government announced the introduction of a new law covering people who leave the scene of a crash, increasing the penalty to ten years. This followed the hit-and-run crash that killed a rider on Plenty Rd.

Been a law nerd I looked up legislations now that im going commando.

BUt hey, simon probably know this already because hes the "LAW GUY"

AHAHAA. law guy. SO FUNNY (in jinn's tone)

SO FUNNY.... e heheh heh YOURE SO FUNNY