Bleve said:
flyingdutch wrote:
> The Age Letters...
>
> "Speeding Bikes
>
> Interesting to read (11/1) that on footpaths in Victoria, a motorised
> vehicle such as a Segway (electric scooter) is limited to 10km/h.
> So is there a similar speed limit for cyclists who ride (legally or
> not) on footpaths? If so, there is little evidence of enforcement
> around inner Melbourne.
> Bernie Joyce, Parkville"
I think Bernie may have a point. Is there a speed limit for 12y/o's on
the footpath? If not, should there be? You could also reasonably ask
if there should be a speed limit on shared use paths. I don't think
that's an unreasonable thing to discuss.
Some granny gets skittled by a 12y/o doing 30km/h down the footpath?
Unlikely? Nope ...
My understanding is the speed limit is one of circumstance, in that pedestrians on a footpath have an absolute right of way...cyclists must avoid them, so it is an interesting concept to discuss as to a theoretical kph limit as opposed to riding in a manner and at a speed that is acceptable in the circumstances to avoid injury to a pedestrian or property...
It seems we are asking a lot of children under 12 to exercise the care and responsibility of a reasonable man so as to discharge their duty of care under the laws of Tort (negligence)...
hence my general theory is that the parent of any child involved in such an incident ( or the person in loco parentis- legal guardian etc) should carry the consequence of the child's action, (providing) the child's action was not the action of a child of that age in those circumstances acting in a reasonable manner ( for a child)...
you still with me....it is a difficult concept to force a child to carry the burden of a duty of care equal to that of an adult....we can teach them, seek to ensure they understand the concept and have the skills to do it, but when it comes to the crunch, should we then hit them with penalties that might start them on a course of anti-social behaviour ( out of something as innocent as a child being a child).
This is a monster issue, that's why IMHO the law allows children up to 12 to ride on a footpath, with little other control as to their behaviour...and the other users of the footpath whether old, young or blind etc, have to understand that a child on a bike may not have the control to avoid them.
We all had to learn to ride as kids, many did this just as above, on a footpath, amongst pedestrians and we probably all ran into some one's grandmother too!....but we didnt do it maliciously ( did we?), and we had to learn all about controlling ourselves and our equipment ( no smirks now) in the presence of others....so unless the action was clearly malicious, I think society will continue to give kids the leeway to make mistakes on footpaths at our cost....its the price we pay for our kids to grow.
HOWEVER, I am for ensuring that older kids over 12, dont leave their bikes laying across the paths, ride on the footpaths harrassing anyone and have a greater obligation to observe the road laws...they owe this to themselves as well as society, and if they stuff up on purpose, they should bear the consequences and in many instances their adult guardians should have the final liability...
here endeth the lesson.......watchathunk?
