Ride Participant Liability Acknowledgment
Division 5 - Recreational Activities
Civil Liability Act 2002
Another group's Risk Warnings
Report on Cyclists Deaths - July 2006
Bicycle laws and penalties
Additional rules for bicycle riders
Special Road Rules for Cyclists
Liability of Public Authorities
Road Drainage Grids
Qld Govt Cycle Infrastructure Maintenance
Report on cars colliding with cyclists
Cycling and the Law
Report a Hazard or Maintenance Problem
Qld Govt Cycling Infrastructure Specs
BUG Manual
Australian Bicycle Rules
NSW Road Rules
RTA Cyclist Information
Cycling State Roads - Qld
Meaning of 'dangerous riding'
Serious legal pain for irresponsible riders
Push On articles
Guide to Traffic and Transport M
Traffic control training
Transport Management Plan
Running your club
Bicycle road rules-Qld
Bicycle road rules - ACT
Regulate Bunch Riding
West Head Blackspot

Risk Management

 

 

Civil Liability Amendment (Personal Responsibility) Act 2002 No 92, in particular "Division 5 Recreational Activities" transferred some liability from volunteer organisers to members of the public (which choose to participate in a recreational exercise activity which involves some risks) provided any invitation from the volunteer organiser to members of the public includes a risk warning which informs of all risks  -  explained in Civil Liability Act 2002

Below is a Risk Warning to members of the public which choose to join Muggaccinos bicycle rides.

Some forms of cycling are dangerous.  An ave of 36 Australian cyclists have been killed annually since 2000, which is lower than the average during the 1990s of 60 fatalities each year.  95% of these fatalities occur on the road, and less than 5% of deaths resulting from trauma accidents were off road

Other cyclists in Australia break bones and incur nerve impairment from falling off their bikes in accidents which may be very painful. 

 

An Australian cyclist could fall from his/her bike, inter alia, due to -

(i)      being hit by a car or another cyclist; or

(ii)     encountering a pothole; or

(iii)    getting their bicycle wheel caught in a gap in a timber bridge.

 

Alas, the information in the below three URLs suggests that trauma accidents treated in the Emergency Wards of our hospitals, in the last few years, may be 50 times higher than previously chronicled in police reports:

 

  1. Hidden injury toll sparks call to segregate cyclists
  2. "Cyclists are accidents waiting to happen."
  3. ABC Radio National Background Briefing -  “On Road Cycling” by Diane Martin

 An injured cyclist, who did not have personal injury insurance (ie self-employed without income protection cover) could struggle to meet regular outgo commitments.

 

A negligent cyclist could -

 (a)    be litigated by a seriously injured cyclist, or 3rd party (ie. a woman pushing a pram on a footpath or a car driver) under common law where the damages could exceed $500,000; and

 (b)    lose his/her home if he/she did not have public liability insurance which covers their negligence whilst on a push bike.

 A seriously injured cyclist could be awarded damages which a negligent cyclist could not afford to pay if the negligent cyclist -

 (I)     did not have public liability insurance cover; and/or

 (II)    did not possess valuable assets.

Ignorantia juris non excusat is a tenet with its origins in Roman law.  This legal maxim is applied in Australian jurisprudence An inviter asserting that he did not know that he/she owed a duty of care to another person who engages in a recreational activity to take care in respect of a risk of the activity without providing a pertinent risk warning to the invited person(s) is not a defense under Australian law. 

Hence

(a)       the Ride Organiser's weekly Bullsheet regularly contains risk warnings of known risks, which includes each Muggaccinos cyclist's holding public liability insurance cover in case a Muggaccinos cyclist's negligence injures a third party, and occasionally mentions not to cycle two abreast on a single lane road with an unbroken centre line or to descend much slower on wet roads because of the diminished coefficient of friction; and

(b)       cycling with Muggs is predicated upon -

            *        participant cyclists holding public liability insurance cover; and
 *        notifying the Ride Organiser if he/she materially disagree with
any clause

                     in the "Ride Participants Liability Acknowledgment" form (1st HTML LHS of this page).

   33 cyclists participated in our inaugural "Tour de Wisemans Ferry" - circa June 2003. 
We stayed at Del Rio Resort 3km West of W.F.  

   Alas, three weeks' après our sortie into Deliverance Country a bush fire 'took-out' the main office. 
 

 

 Sunset on a cool but clear Saturday night at Wisemans Ferry