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Log of Correspondence Second Business Plan Detailed Summary Second Business Plan Summary of Annexures Second Business Plan Defined Terms Second Business Plan
5 Ronald Ave, Harbord NSW 2096 18 April 2008
Department of the Environment and Water Resources
Refer Ms. Beth Riordan, Assistant Director, Community Partnerships Team Community Project Join a Green Team: Governments are - (i) encouraging Australians to commute by bicycle for short trips; and (ii) providing financial support to bicycle organisations for cycling administration which support inter alia Bicycle User Groups By so encouraging and supporting cycling, Governments need to ensure that Cyclists are aware that - (a) Ride Leaders in Community Bicycle Groups Provide A Risk Warning in ride invitations to diminish bicycle accidents and associated health costs and lost productivity from accidents, particular as Governments incur many of these associated costs; and (b) Cyclists need to hold third party insurance for cycling, because failure to so could financially ruin - * a negligent Cyclist; and * possibly also the Ride Leader and the Community Bicycle Group (a) and (b) above can easily be achieved by inserting the following two additional messages on a Join a Green Team Team Jersey, thereby increasing the value/usefulness of such a generic team jersey: 1. "Ride leaders and organisers are required under Australian law to inform ride participants of all obvious risks" 2. "Failure to hold third party insurance which covers cycling could financially ruin a negligent cyclist." I refer to the opening paragraphs of my dated 15 April 2008 which highlights that 980 circa Australians died from bicycle accidents since 1990 as reported in Australian Transport Safety Bureau's Deaths of cyclists due to road crashes dated July 2006. Many thousands more cyclists have suffered very serious injuries which have - (i) materially diminished their QOL; (ii) reduced income tax paid due to resultant lost productivity; and (iii) cost the public health purse dearly.
Annexure “E” details 15 Serious Cycling Accidents involving Cyclists that the Business Plan Developer has cycled with during last 10 years. On 6 June a cyclists was killed instantly when hit during peak hour at Cnr of Nolan Place and Johnson Ave Seven Hills. Patently road cycling is dangerous. On 10 April, I discussed Community Project Join a Green Team with Alex Unwin, CEO, Bicycle NSW, who invited me to submit Community Project Join a Green Team to the Bicycle NSW Bicycle User Group Council for its consideration. I then drafted this Two Risk Mitigation Messages Letter regarding two vital messages the Join a Green Team Team Jersey should display to - * diminish bicycle accidents whilst new Cyclists learn how to cycle competently, with some opting to then commute by bicycle; and * ensure Cyclists hold explicit third party insurance which covers negligence whilst cycling. Various government departments are encouraging Australians to try cycling for short commuter trips to reduce green house gases and improve physical health which contribute to leading a Local Healthy Lifestyle. Fatalities and serious injuries will indubitably increase due to Governments encouraging more Australians to ride bicycles. Hopefully, there will be a reduction in motor vehicle accidents. Negligent motor vehicle drivers are covered by a CTP Green Slip policy, which alas does not extend to a vehicle owner whilst riding his/her bicycle vehicle on our roads. Governments are now providing monies to major bicycle organisations to assist with administrative support projects. My Follow Up Letter dated 16 April 2008 - (a) identifies that over 50% of Community Bicycle Groups are Bicycle User Groups under organisations such as Bicycle NSW and Bicycle Victoria; (b) asserts that it is safer for Australians who want to try cycling for commuter transport and/or health to join a Bicycle User Group in order to gain cycling knowledge, experience and self-confidence from seasoned, caring cyclists within those groups; and (c) asserts that rather than existing group members wearing a potpourri of different jerseys, a Join a Green Team Team Jersey will assist Community Bicycle Groups to be noticeable to potential new commuter cyclists as a Community Bicycle Group - patent group visibility will assist those groups attract potential new cyclists, some of whom will gain the confidence/experience to commute by bicycle.
(d) notes that
Community Bicycle Groups teach new
Cyclists requisite cycling
knowledge and pursuant to (e) asserts that a safer way for a non-Cyclist to become a proficient/self-confident commuter cyclist is to join a Community Bicycle Group rather than commence bicycle commuting under-prepared until they become familiar with inherent dangers. Some Community Bicycle Group also incorporate a LCCBSG which provides a Sense Of Community. 1st Risk Mitigation Message Risk Warnings explains that in 2002 and 2003 laws were amended across Australia requiring volunteer ride organisers which invite members of the public to participate in a REA (which involves some risks) to Provide A Risk Warning (in the ride invitation) noting the Three Types Of Risks. The pertinent clause for NSW is the below clause 5M(1) "No duty of care for Recreational Activity where Risk Warning" of the Civil Liability Amendment (Personal Responsibility) Act 2002 No 92. "(1) A person (the defendant) does not owe a duty of care to another person who engages in a recreational activity (the plaintiff) to take care in respect of a risk of the activity if the risk was the subject of a Risk Warning to the plaintiff." Alas, Australia's law makers did not expend a lot of effort to inform the public of this onerous, obligation to Provide A Risk Warning to ride participants which alerts ride participants of all risks which may result in injuries and accidents; which could be avoided by providing such a Risk Warning. Hence, I strongly recommend a Join a Green Team generic Team Jersey also displays: "Ride leaders and organisers are required under Australian law to inform ride participants of all risks." 2nd Risk Mitigation Message Separately, each Australian who registers a motor vehicle has to pay a CTP Green Slip third party insurance premium which covers the driver against any negligence based claims whilst driving that vehicle. No such mandatory third party public liability insurance covers cyclists unless they join a bicycle racing club. Explicit third party insurance and some personal injury cover is provided in annual membership of Bicycle NSW, Bicycle Victoria etc. However, such annual membership is not mandatory. Casual empiricism suggests that at least 30% of bicycle riders do not have third party insurance which covers a negligent act they may commit whilst cycling which results in a serious injury to a third party. It may be a lot higher than 30%. No Compulsory Third Party ("CTP") Green Slip insurance coverage or equivalent for cyclists in Australia explains that without explicit third party insurance which covers a cyclist's negligence, a negligent cyclist - (i) could be exposed to litigation, incurring significant legal costs coupled with the prospect of a court order to pay an injured third party a very large settlement – potentially millions of dollars – in the event that the cyclist is found to be negligent and legally liable in the circumstances of the accident; (ii) may not be able to afford to defend such actions brought against them; and (iii) may face serious financial hardship or may be bankrupted by the consequences of a court award made against a negligent cyclist (ie. another bicycle ride participant or say a women pushing a stroller). I also believe that many Ride Leaders in Community Bicycle Groups are not cognisant of their legal obligation to warn ride participants to hold current third party insurance which covers any negligent act whilst cycling, as not being able to fall back on a third party policy is a patent obvious financial risk for a cyclist whose negligence results in a serious accident to a third party. A further risk is that a negligent ride participant may then seek through a separate action a 'right of contribution between tortfeasors' from the Ride Leader and/or Community Bicycle Group by the negligent ride participant - (I.) arguing that he/she was not informed of the financial risk of not holding third party insurance; and (II.) thereby seeks the Ride Leader or Community Bicycle Group to contribute to costs/damages awarded against the negligent ride participant. Hence, I strongly recommend a Join a Green Team Team Jersey also displays: * "Failure to hold third party insurance which covers cycling could financially ruin a negligent cyclist." Summary I have provided this Two Risk Mitigation Messages Letter to highlight the material benefit to Australians that are interested in cycling being able to easily purchase a Join a Green Team Team Jersey which inter alia - * alerts them of the above mentioned Two Risk Mitigation Messages regarding possible dire consequences from cycling because there is no comparable mandatory CTP Green Slip style coverage; and * identifies how to mitigate these significant real-life risks. Enclosed are two CD ROMs which self-open at this Two Risk Mitigation Messages Letter which provide inter alia a Log of Correspondence. Yours sincerely
Phil Johnston |
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