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
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