scream wrote:
> "Sylvia Else" wrote in message
> news:4826e11c$0$13944$afc38c87@news.optusnet.com.au...
>> Phil Allison wrote:
>>> ** Hi to all,
>>>
>>> The recent incident in Sydney involving some 50 bicyclists brought down
>>> on the highway by the deliberate act of a motorist seems very much a
>>> criminal matter - but what criminal charge can the NSW police use ?
>>>
>>> Driving offences have been mentioned by the police, eg failing to stop
>>> after an accident - but what happened is way more serious than that. I
>>> see two possibilities in the NSW Crimes Act: Sections 51A and 52AB.
>>>
>>> The first is called "Predatory driving" and the second is " Offence of
>>> failing to stop and assist after vehicle impact causing death or grievous
>>> bodily harm ". Far as we know, by great luck no rider was seriously
>>> injured, so the second is out.
>>>
>>> Predatory driving is shown here:
>>>
>>> http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s51a.html
>> 51A(1)(b) might be difficult to prove, particularly if the distances
>> involved were such that he could reasonably expect the bicycles to stop if
>> they'd had braking ability similar to vehicles.
>>
>> Sylvia.
>
> Well this really irks me, that he could reasonably expect the bycycles to be
> able to stop.
> The action if not caused by a fault in the car/vehicle, the only intent
> possible to be read from the action is intention to cause tje bycycles
> persons to run into the back of his car, or at the least cause them to fall
> and injure themselves in attempts to stop.
One is usually allowed to stop even if there are vehicles behind. It is
the responsibility of those following to ensure that they are a
sufficient distance from the vehicle in front so as to be able to avoid
a collision in the event that the vehicle stops.
The is also an obligation on a driver of a vehicle moving into a lane
from another not to do so in a way that puts the vehicle too close to
the vehicles behind that are already in that lane.
If bicycles cannot stop as quickly as other vehicles (something about
which I have no view) then a driver might make the mistake of pulling
into a lane, and then stopping, when the bicycles behind are too close
to be able to stop. Such a driver might intend merely to inconvenience
the bicycle riders and not intend to cause an accident.
By riding in packs where inviduals are clearly not far enough away from
the riders infront of them, cyclists create a situation where the
consequences of another driver's error are much more serious than they
should be. There has been talk of the riders in this incident suing in
respect of their damaged bicycles. In the event that they do, I would
expect that the pack-riding would be found to be significant
contributory negligence.
Sylvia. |