Civil Liability Act 2002 obligates Inviters/Organisers of a Recreational Activity which involves a Risk Of Harm to Provide A Risk Warning to Invitees/Participants which sets out any/all of the Three Types Of Risks of Harm Sufferable

Three Types Of Risks include Foreseeable, Non-Obvious, Explicit Risks which include

Many Bunch Riders are breaching Regulation 126 of the Australian Road Rules and may also be breaching sub-clause (1) or (2) of Regulation 151 "Riding a motor bike or bicycle alongside more than 1 other rider", thereby

possibly jeopardising any public liability insurance cover that they may want to rely on because public liability insurers, hereinafter Insurers, might deny liability to a negligent Bunch Rider(s) if a Bunch Rider(s) was breaking a road rule when its negligence caused a serious trauma injury to a third party

Civil Liability & Personal Responsibility Act -

*           is intended for Invitees to accept greater personal responsibility; and

*           provide limited scope for an injured Bunch Rider(s) to seek recourse due to negligence by another Bunch Rider(s)

Due to -

*           Hazards To Bunch Riders 

*           Three Different Racing Clubs Bunch Ride Etiquette Rules

*           Comments By Seasoned Bunch Riders

*           Regulation 126

*           The majority want Bunch Rides to be regulated,

the Australian Road Rules need to regulate New Road Rules For Bunch Riders that stipulate -
*           required distance behind a bicycle ahead in a Bunch Ride depending on speed and gradient,  
*           maximum number of riders in a Bunch Ride and
*           maximum cycling speed in a Bunch Ride,
based on mathematical calculations to determine Distance To Brake To Stop and Time To Brake To Stop in order to -

1.         materially reduce Avoidable Trauma Bicycle Accidents -

            *         appearing at hospital Emergency Departments; or

            *         being admitted to hospital spinal wards; and

2.         identify what constitutes Dangerous Cycling and Reckless Cycling to provide public liability 'Insurers' and 'Insured Parties' with a higher level of certainty that an insurance claim will be accepted by the Insurer

Chapter

   1.       Breaching Regulation 126 of the Australian Road Rules can render Bunch Riders and the Ride Organiser uninsured in the event of a Serious Cycling Accident.

   2.       Two bicycle accident scenarios to ponder.

   3.       Rationale For Professional Motor Vehicle Racing.

   4.       Popularity of Bunch Riding explains why cycling fast in a bunch appeals to some cyclists who enjoy the 'adrenaline rush' from travelling fast in a Peloton that is being 'sucked along' by the inertia of the cumulative mass under diminished air pressure.  Whereas other cyclists prefer to 'break their own wind' climbing steep hills.  These vastly different 'drivers' are influenced by the landscape (ie. Sydney has a plethora of nearby hills which enables cyclists to ride hills accessible to them, whereas hills in Melbourne are further away with the closest in The Dandenongs).  Hazards To Bunch Riders identifies that each of these two distinct types of road cycling involve different types of Hazards.

   5.       Beach Road has become a Mecca for Bunch Riding in Melb. including lots of photos, newspaper articles & blogs from some seasoned cyclists and some chilling You Tubes which show flagrant breaches of the Vic Road Rules along Beach Rd.

   6.       Bunch Riding contains a recommendation from “aboc cycle coaching, Vic” that Bunch Rides be limited to 15 riders, as well as providing several pics of Bunch Rides.

   7.       Bunch riding in Centennial Park Sydney restricts cyclists to 'no more than 16 in a bunch' and 'not riding less than 3 metres (just under two bicycle lengths) from the rear wheel of the bicycle ahead'. 

   8.       Cycling Tasmania's 'Code of Conduct for Cyclists' says that "Bunches should be limited to a maximum of 20 riders.  Being stuck behind a big bunch is not good for relations between cyclists and drivers. Tails of bunches must not “run” traffic lights - it is both illegal and dangerous.  In very large bunches, warning signals don’t get telegraphed all the way down the line meaning those at the rear don’t see hazards, often resulting in crashes and falls."

   9.        A vocal minority has over ruled a silent majority which is negatively impacting health system costs       

             The majority of road cyclists 'break your own wind'  and enjoy higher visibility of upcoming Hazards with materially reduced likelihood of suffering a fall

             Over 90% of motorists, and well over half of all road cyclists, would like to see the size and behaviour of Bunch Rides regulated

 10.        There is a material disparity between the skill level and rider reaction time of professional tour riders and the average Bunch Rider.

 11a.      Two examples of health system costs from a bicycle hitting another bicycle on 'open roads' with Muggaccinos' cyclists that do not Bunch Ride explains that the health system costs, and also forgone productivity during rehab, from simple trauma bicycle accidents are sometimes high.  

 11b.      Two other examples of large health system costs from a cyclist experiencing a trauma fall on 'open roads' amongst Muggaccinos' cyclists that do not Bunch Ride explains that the health system costs, and also forgone productivity during rehab, from simple trauma bicycle accidents are occasionally not small.  

 12.       Two current research studies of road bicycle accidents mention separate bicycle accident studies presently being conducted by Monash Uni and Uni of NSW.  The Writer does not know if these studies have identified that Bunch Riders breach Regulation 126 “Keeping a safe distance behind vehicles” of the Australian Road Rules - Feb 12 which obligates “A Driver (which includes a bicycle Rider) must drive a sufficient distance behind a vehicle (a bicycle is a vehicle) travelling in front of the Driver so the Driver can, if necessary, stop safely to avoid a collision with the vehicle ahead” - as calculated in Section 4 “Crash Avoidance Space” of the RTA Road User Handbook, and occasionally also breach Regulation 151 "Riding a motor bike or bicycle alongside more than 1 other rider".

  13.       Are the Emergency Depts. and Spinal Wards at our state run hospitals that are in close proximity to popular road cycling areas being inundated with Avoidable Trauma Bicycle Accidents?

  14.       Bunch Riding On Australian Roads Is Illegal explains that Bunch Riding is illegal under the Australian Road Rules and, in the case of NSW where the Writer lives, the NSW Road Rules 2008.

  15.       Bunch Riding is illegal under New Zealand road rules unless cyclists are participating in council-approved cycle events that allow cyclists to closely follow one another, but hazards need to be pointed out to cyclists behind.

  16.       Public Health Policy and Personal Responsibility in Sport

  17.       Civil Liability Act 2002 explains that Inviters/Organisers of a Recreational Activity which involves a Risk Of Harm are legally required to Provide A Risk Warning to Invitees/Participants which sets out any/all of the Three Types Of Risks of Harm Sufferable under tort laws passed in Australian states and territories in 2002 circa. 

  18.      Bunch Riders have a legal responsibility to other riders in the Bunch Ride provides verbal risk warnings and/or physical risk warning signals of upcoming of Hazards that Bunch Riders need to provide to Bunch Riders 'down the line'.  Alerting other Bunch Rider 'down the line' of Hazards ahead is a prerequisite protocol to riding in most organised Bunch Rides.

  19.       The same common law that governs negligence and duty of care for motorists applies to cyclists

  20.       All cyclists need to hold public liability insurance cover if they ride regularly because the same laws of negligence that apply to a negligent motorist also apply to a negligent cyclist.  However, CTP Green Slip coverage does not extend to negligence when riding a bicycle.

  21.       Insurers might deny liability if an insured party has broken a road rule in the negligent action of injuring a third party.

  22.      Two mathematical formulae exist which each calculates the Distance To Brake To Stop and Time To Brake To Stop enabling insurers and an injured third party to determine if a negligent road cyclist had broken Proposed New Road Rules intended to reduce Avoidable Trauma Bicycle Accidents.

  23.      Bunch Riders need to observe Distance To Brake To Stop and Time To Brake To Stop to abide by -
*        Australian Road Rules and each state's road rules;
*        Code of Conduct for Training Cyclists; and
*        Bunch Ride Etiquette,
in order to not forfeit any public liability insurance cover they might rely upon.

 24.       Writer seeks support from Affected Or Interested Parties because the "Process for amending the Australian Road Rules" involves the National Transport Commission's "Rules Maintenance Group" to canvas the level of support for any proposed amendment to the Australian Road Rules