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creation of the offence "culpable cycling"

 
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Old 06-03.-2008, 10:42 AM   #1
AndrewJ
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Default creation of the offence "culpable cycling"

http://www.theage.com.au/news/natio...4402555572.html

As a victim of an attack by another cyclist, while cycling, I welcome
this initiative to create the offence of "culpable cycling".

It's not necessary to register cyclists, as there are plenty of
options for taking photos and identifying offenders. In my case the
offender was identified, but there was no relevant offence to charge
him with.

As the number of cyclists grows, within our ranks we find offenders of
this nature. They now face the real prospect of spending a
considerable length of time in custody - plenty of time to consider
how they will behave in the future.

-----

I'm recovering from my broken arm, but still face another 7 months
before I can ride my bike again.




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Old 06-03.-2008, 05:19 PM   #2
John Tserkezis
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Default Re: creation of the offence "culpable cycling"

AndrewJ wrote:

> http://www.theage.com.au/news/natio...4402555572.html
>
> As a victim of an attack by another cyclist, while cycling, I welcome
> this initiative to create the offence of "culpable cycling".


The victorian government have their heads so far up their arses they need to
open their mouths to tell if it's night or day.

From the article:

"Roads minister Tim Pallas said cyclists who broke the law must be treated
like drivers who drove illegally."

Cyclists ALREADY are under the road rules in NSW, and I'm assuming it's the
same for Victoria. If it isn't they're more backward than I thought.

In the event they ARE more backward than I thought, what's wrong with using
the same laws for drivers on roads, as for cyclists on roads (surprise
surprise, as is the case in NSW), rather than inventing a new law?
--
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Old 06-03.-2008, 05:39 PM   #3
Alan Erskine
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Default Re: creation of the offence "culpable cycling"


"John Tserkezis" <jt@techniciansyndrome.org.invalid> wrote in message
news:47cf9b02$0$15754

John; it's a gmail troll. Don't waste your breath.


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Old 06-03.-2008, 09:01 PM   #4
cfsmtb
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Default Re: creation of the offence "culpable cycling"

Quote:
Originally Posted by AndrewJ
http://www.theage.com.au/news/natio...4402555572.html

As a victim of an attack by another cyclist, while cycling, I welcome
this initiative to create the offence of "culpable cycling".

It's not necessary to register cyclists, as there are plenty of
options for taking photos and identifying offenders. In my case the
offender was identified, but there was no relevant offence to charge
him with.


Fair cop, I'll support the offence of culpable cycling when equal enforcement is applied to all road users. If a bicycle rider is found guilty of killing another road user I don't want to read in the media of them getting off with a lenient sentencing which consists of 12 months suspended riding and a $3100 fine.
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Old 06-03.-2008, 09:16 PM   #5
John Tserkezis
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Default Re: creation of the offence "culpable cycling"

Zebee Johnstone wrote:

>> Speaking of which, isn't it about time you got a real account Zebee? :-)


> Isn't it about time you got a real killfile?


Touche.

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Old 06-03.-2008, 09:19 PM   #6
John Tserkezis
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Default Re: creation of the offence "culpable cycling"

John Tserkezis wrote:

>>> Speaking of which, isn't it about time you got a real account
>>> Zebee? :-)


>> Isn't it about time you got a real killfile?


> Touche.


Spoke too soon. I thought I couldn't do it, turns out I could after all.
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Old 06-03.-2008, 09:55 PM   #7
Aeek
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Default Re: creation of the offence "culpable cycling"

On Thu, 6 Mar 2008 22:01:46 +1100, cfsmtb
<cfsmtb.35ul80@no-mx.forums.cyclingforums.com> wrote:

>Fair cop, I'll support the offence of culpable cycling when equal
>enforcement is applied to all road users. If a bicycle rider is found
>guilty of killing another road user I don't want to read in the media of
>them getting off with a lenient sentencing which consists of 12 months
>suspended riding and a $3100 fine.


and when a cyclist reports their single vehicle accident when legally
required, the police can be bothered to record it.
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Old 07-03.-2008, 09:00 AM   #8
Zebee Johnstone
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Default Re: creation of the offence "culpable cycling"

In aus.bicycle on Thu, 6 Mar 2008 14:44:31 -0800 (PST)
lemmiwinks.au@gmail.com <lemmiwinks.au@gmail.com> wrote:
>
> They took our news server away to save money.


news.individual.net

10 euro a year, very good feed, very reliable.

Have to sign up to a european paypal like thing but that's no real
hardship.

A real news server means a real newsreader.

Zebee
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Old 07-03.-2008, 09:11 AM   #9
lemmiwinks.au@gmail.com
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Default Re: creation of the offence "culpable cycling"

On Mar 7, 10:00 am, Zebee Johnstone <zeb...@gmail.com> wrote:
> In aus.bicycle on Thu, 6 Mar 2008 14:44:31 -0800 (PST)
>
> lemmiwinks...@gmail.com <lemmiwinks...@gmail.com> wrote:
>
> > They took our news server away to save money.

>
> news.individual.net
>
> 10 euro a year, very good feed, very reliable.
>
> Have to sign up to a european paypal like thing but that's no real
> hardship.
>
> A real news server means a real newsreader.
>
> Zebee


Probably wouldn't be allowed to play through our firewall and I'm too
tight to pay ;-)
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Old 07-03.-2008, 09:59 AM   #10
Boostland
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Default Re: creation of the offence "culpable cycling"


"Zebee Johnstone" <zebeej@gmail.com> wrote in message
news:slrnft0tso.2uv.zebeej@gmail.com...
> In aus.bicycle on Thu, 6 Mar 2008 14:44:31 -0800 (PST)
> lemmiwinks.au@gmail.com <lemmiwinks.au@gmail.com> wrote:
>>
>> They took our news server away to save money.

>
> news.individual.net
>
> 10 euro a year, very good feed, very reliable.
>
> Have to sign up to a european paypal like thing but that's no real
> hardship.
>
> A real news server means a real newsreader.
>
> Zebee


Why not use the telstra whoresale news server ?

pit-reader.telstra.net

Or you can use free yotta news account.

http://www.yottanews.com/


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Old 07-03.-2008, 11:13 AM   #11
AndrewJ
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Default Re: creation of the offence "culpable cycling"

On Mar 6, 11:42 am, AndrewJ <AJenningsFranks...@gmail.com> wrote:
> http://www.theage.com.au/news/natio...ail-for-road-br...
>
> As a victim of an attack by another cyclist, while cycling, I welcome
> this initiative to create the offence of "culpable cycling".
>
> It's not necessary to register cyclists, as there are plenty of
> options for taking photos and identifying offenders. In my case the
> offender was identified, but there was no relevant offence to charge
> him with.
>
> As the number of cyclists grows, within our ranks we find offenders of
> this nature. They now face the real prospect of spending a
> considerable length of time in custody - plenty of time to consider
> how they will behave in the future.
>
> -----
>
> I'm recovering from my broken arm, but still face another 7 months
> before I can ride my bike again.


For what it's worth I'm not a troll. I'm not going to extol the
virtues of gmail,
as I'm also a google shareholder. I don't use my work email as I don't
want
to spend all weekend working replying to emails :-)

(Yes, it does <look> like a troll, but I can post the x-ray of my arm
if you
want :-) )



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Old 07-03.-2008, 11:42 AM   #12
cfsmtb
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Default Re: creation of the offence "culpable cycling"

Quote:
Originally Posted by AndrewJ

For what it's worth I'm not a troll. I'm not going to extol the
virtues of gmail,
as I'm also a google shareholder. I don't use my work email as I don't
want
to spend all weekend working replying to emails :-)

(Yes, it does <look> like a troll, but I can post the x-ray of my arm
if you want :-) )


And I've heard you being interviewed on Jon Faines show (ABC 774) about the incident mentioned above, so you're obviously *not* a troll.
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Old 07-03.-2008, 04:22 PM   #13
AndrewJ
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Default Re: creation of the offence "culpable cycling"

On Mar 7, 12:42 pm, cfsmtb <cfsmtb.35v...@no-
mx.forums.cyclingforums.com> wrote:
> AndrewJ Wrote:
>
>
>
> > For what it's worth I'm not a troll. I'm not going to extol the
> > virtues of gmail,
> > as I'm also a google shareholder. I don't use my work email as I don't
> > want
> > to spend all weekend working replying to emails :-)

>
> > (Yes, it does <look> like a troll, but I can post the x-ray of my arm
> > if you want :-) )

>
> And I've heard you being interviewed on Jon Faines show (ABC 774) about
> the incident mentioned above, so you're obviously *not* a troll.
>
> --
> cfsmtb


Yup. I like to think that the publicity might have helped to push this
along, but whatever.

I've gone from "I'm not sure if I'll ride again" to "when I ride
again". So I'm making progress :-)



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Old 07-03.-2008, 09:07 PM   #14
TimC
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Default Re: creation of the offence "culpable cycling"

On 2008-03-07, AndrewJ (aka Bruce)
was almost, but not quite, entirely unlike tea:
> On Mar 7, 12:42 pm, cfsmtb <cfsmtb.35v...@no-
> mx.forums.cyclingforums.com> wrote:
>> AndrewJ Wrote:
>>
>> > For what it's worth I'm not a troll. I'm not going to extol the
>> > virtues of gmail,
>> > as I'm also a google shareholder. I don't use my work email as I don't
>> > want
>> > to spend all weekend working replying to emails :-)

>>
>> > (Yes, it does <look> like a troll, but I can post the x-ray of my arm
>> > if you want :-) )

>>
>> And I've heard you being interviewed on Jon Faines show (ABC 774) about
>> the incident mentioned above, so you're obviously *not* a troll.

>
> Yup. I like to think that the publicity might have helped to push this
> along, but whatever.
>
> I've gone from "I'm not sure if I'll ride again" to "when I ride
> again". So I'm making progress :-)


Onya. For what it's worth, I knew you weren't a troll

I'm a little unsure as to why the offence is not amalgamated into the
culpable driving offence (I don't have the text of the culpable
driving offence at hand -- maybe it really can't fit). I believe I've
only ever heard "culpable driving" used in conjunction with "causing
injury|death" (this may be an artifact of a reporting bias in the
media - you don't hear about offences that don't result in injury -
because then you'd have 6502 stories on the news per night).

As such, this may not be a dangerous move -- culpable cycling causing
death *should* be quite a punishable offence, as long as it truly is
culpable (and we are yet to see whether that guy truly was stepping
off a stationary tram or whether he was darting across the road
between trams, illegally jaywalking). But if it were ever to be used
for something stupid being done (running a red light), that didn't
then go onto create significant damage and/or injury, I'd be very
worried. As much as people will say otherwise, breaking the law on a
bicycle very rarely has the impact that breaking the law in a car has
often enough. Doing something stupid on a bicycle is not as damaging
as doing something stupid in a car, and so doesn't have cause to
invoke as great a punitive/corrective wrath from society.

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Old 07-03.-2008, 11:06 PM   #15
PeteSig
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Default Re: creation of the offence "culpable cycling"


"TimC" wrote:

> But if it were ever to be used
> for something stupid being done (running a red light), that didn't
> then go onto create significant damage and/or injury, I'd be very
> worried.


Culpable driving can only occur when a driver causes the death of someone,
as a result of the driver's gross negligence (culpability). Any culpable
driving offence would have to parallel this.

> As much as people will say otherwise, breaking the law on a
> bicycle very rarely has the impact that breaking the law in a car has
> often enough. Doing something stupid on a bicycle is not as damaging
> as doing something stupid in a car, and so doesn't have cause to
> invoke as great a punitive/corrective wrath from society.


Yes, that's a concern I have. The culpability of cutting through a
pedestrian red light on a light bike has got to be very much less than the
culpbility of roaring through in a 4WD, or in a 10 tonne semitrailer,
surely.

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~~ ~ _- \,
~~ (*)/ (*)


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