Dangerous Cycling and Reckless Cycling 

Chapter 23 titled "Bunch Riders need to observe Distance To Brake To Stop and Time To Brake To Stop in order to ....... not forfeit any public liability insurance cover held" provides the below two cycling articles which discuss changes in the Victorian Road Legislation Amendment Bill 2009 which is a step towards establishing what constitutes Dangerous Cycling and Reckless Cycling, albeit the legislation remains imprecise.  

  1. The meaning of 'dangerous riding' dated 30 June 2009

  2. Serious legal pain for irresponsible riders dated 1 June 2009

The Victorian Road Legislation Amendment Bill 2009 came about after a Bunch Rider ran a red light and killed an elderly pedestrian, James Gould, on Beach Rd in Aug 2006.

The Victorian Roads Minister announced in late June 2011 an increased penalty of “$13,610 or prison for 12 months, or both, for dangerous cycling”.  Depending on the gradient and speed, cycling in a large juxtaposed  juggernaut often less than 60cm from the bicycle ahead may constitute “riding in a dangerous, careless or reckless manner”.

A critical issue in this analysis of Bunch Riding is an Insurer able to rely upon an 'exclusion clause' to deny liability if a negligent cyclist has breached a road rule in the course of seriously injuring a third party.

Most of us are prepared to pay a premium in order to be protected against a negligent action injuring a third party, because  most of us make mistakes.  However, do we want our policy premiums to 'blow out' because of large awards of costs/damages due to a negligent Bunch Rider riding in a dangerous, careless or reckless manner” seriously injuring a third part(ies)?

If is not clear cut as to weather an Insurer can deny liability upon a negligent cyclist breaching Regulation 126, then establishing New Road Rules For Bunch Riders which also set out what constitutes Dangerous Cycling and what constitutes Reckless Cycling has merit, so that both the 'Insured Party' and the 'Insurer' have a much better idea as to whether the 'Insured Party' can subrogate their negligent liability to their 'Insurer'.

Explicit New Road Rules For Bunch Riders would need to set out quantifiable measurements that 'Insurers' can rely upon to deny liability, because in order to reduce Avoidable Trauma Bicycle Accidents the 'stick' (of potentially forfeiting insurance), or the prospect of being seriously injured by another Bunch rider that forfeits their public liability cover would be far more effective than the 'carrot' (of being a law abiding road cyclist).

Chapter 16.  Public Health Policy and Personal Responsibility in Sport noted that the Civil Liability Act 2002 introduced the term Dangerous Recreational Activity to be a physical activity "which involves a significant risk of physical harm".