5 Ronald Avenue
Freshwater  NSW  2096
0434 715.861
scribepj@bigpond.com

18 March 2012

Ms. Tracey Gaudry
Chief Executive Officer
Amy Gillett Foundation
Suite G.02, 616 St Kilda Road
Melbourne  Vic.  3004

Dear Ms. Gaudry

Does the Amy Gillett Foundation want to implement a 'tangible' initiative for local bicycle ride groups to observe uniform risk management disciplines?

Is the Amy Gillett Foundation prepared to understand -

I)          the Australian Road Rules and the various states (essential generic) road user handbook; and

II)         alternative motorist/cyclist protocols/disciplines and liability obligations that fall upon motorists when passing cyclists in northern Europe,

in order to mitigate bicycle trauma accidents?  

My name is Philip Johnston.  I have administered a Bicycle User Group, Muggaccinos.com in Northern Sydney for 16 years which conducts a 100km plus hilly road ride each Sunday, as well as providing two or three multi-day ride trips each year.  On a fine Sunday, a dozen or more passionate hill climbers participate.  I also maintain KOMpm.com for 'lovers of hills'.  

Four years ago I retired after a 37 year career at CBA; most of it spent in risk management.  Muggaccinos has the most comprehensive risk mitigation disciplines of any BUG which include:

a)        Ride Participant Liability Acknowledgment

b)        Civil Liabilities Acts 2002

c)        Tips for new road cyclists to minimise trauma accidents and maximise health benefits

 

Your 'About AGF' contains some admirable platitudes as to what AGF want to do and its vision, albeit the latter never attainable.  However, I am unable to identify any 'tangible' strategy to achieve those lofty aspirations.  

Merit exists in AGF -

(i)         reviewing the above three URLs; and

(ii)        considering establishing a template of risk management protocols that all local ride groups across Australia should adopt to ensure that -

             (A)        inexperienced cyclists enjoy the maximum opportunity to avoid trauma accidents whilst they become confident cycling on roads; and

             (B)        ride organisers/leaders, as Inviters, understand their obligations to Invitees when inviting them to participate in a Recreational Activity which carries a risk of Harm Sufferable, namely to Provided A Risk Warning to such Invitees which warns of the Three Types Of Risks of Harm Sufferable.

 

 

 

It is one thing to study bicycle accidents when things go wrong.  It is another thing to pioneer and promote rigid ride group disciplines to materially avoid them.

 

 

 

 

 

Ms Jenni Gormley, Editor of Bicycle NSW's Push On magazine has published my below four risk management articles to mitigate trauma accidents and liability upon ride organisers

1.       Change road rules to enable increased cycling

2.       RTA Handbook contradicts NSW Road Rules

3.      Is riding in a bunch illegal?”.

      4.       Don't risk losing your house!

Jenni will not publish anything unless she believes that it is robust.  I expended approx. 80 hours to research those four interdependent articles which involved studying various journals and reports from northern European countries such as the attached, as well as the Australian Road Rules 2008 and the NSW Road Users Handbook.  To my knowledge, no reader has cast any doubts about the validity of my claims made therein.

My take on an article that appeared in the July/Aug '11 edition of Australian Cyclist titled Push for a minimum passing distance is that the Amy Gillett Foundation wants another body to tell it how to reduce the current annual fatality rate of 37 cyclists deaths, with over 9,000 seriously injured - circa 95% of fatalities from on road accidents. 

I ponder whether the Amy Gillett Foundation is prepared to -  

1.    analyse alternative motorist/cyclist protocols/disciplines, as well as liability obligations upon a motorist involved in a trauma accident with a cyclist, that apply in some northern European countries that suffer materially lower per capita accidents and fatalities per km cycled;

2.    study and understand the Australian Road Rules 2008;

3.    determine which road rules need to be changed and why;

4.    identify which tips in the various states' Road Users Handbook need to be amended to comply with the Australia Road Rules;

5.    understand the obligations upon Inviters pursuant to Civil Liabilities Acts 2002; and

6.    confront semi-govt agencies to achieve 3. and 4. above. 

The Foundation’s website includes the following extract:

-    The Safe Family Research Scholarship has supported PhD student Marilyn Johnson over the past three years. Marilyn’s findings relating to interactions between motorists and bike riders are alarming, indicating the dire need for a positive approach to improving awareness, attitudes and behaviours of motorists about bike riders

This letter asks you to request Marilyn Johnson, or another person, to provide (to you) a summary report of the suitability of my afore-listed four articles in satisfying the goals announced in the July/Aug '11 edition of Australian Cyclist Whereupon I welcome any thoughts from you after reading that summary report.

Yours sincerely   

Phil Johnston
Ride Organiser and President Muggaccinos Bicycle User Group