Cyclists frightened about being penalised for on a regular basis riding actions — reminiscent of consuming from a water bottle — shouldn’t worry new careless riding laws in Queensland, in line with the state authorities.
Key factors:
- Riding with out due care on footpaths and bikeways will grow to be an offence in Queensland below proposed laws
- A Brisbane biking group has referred to as on the laws to solely apply in circumstances involving a crash
- The state authorities says cyclists won’t be penalised for on a regular basis riding behaviours
Bike riders and e-scooter customers will face a nice of as much as $6,192 if they don’t journey with due care and a spotlight on footpaths and bikeways, below the proposed new laws.
The laws, which the federal government launched to state parliament final month, is an extension of present guidelines that already require cyclists to journey with due care whereas on the roads.
In its submission to the parliamentary inquiry inspecting the laws, the Brisbane Central Business District Bicycle User Group (CBD BUG) hit out on the penalty as a “draconian overreaction”.
Brisbane CBD BUG co-convenor Paul French stated the new laws wanted to be extra clearly worded and referred to as for the laws to solely apply to circumstances involving crashes.
“We’ve asked the question in our submission ‘what is careless riding?’,” he stated.
“It’s completely vague.”
In its submission, Brisbane CBD BUG stated it was simple to envisage police penalising riders with the offence for behaviours that had lengthy been “every day, legal and safe”.
The submission lists actions reminiscent of consuming from a water bottle whereas riding, speaking to a different rider, or a watch, the bottom and over the shoulder.
‘This isn’t a problem’
In an announcement, the Department of Transport and Main Roads (TMR) insisted riders wouldn’t be penalised for on a regular basis riding behaviours, reminiscent of taking one hand off the handlebar to drink water.
“This is not an issue for existing careless riding offences on roads, which already apply to bikes, and will not be an issue for the extension to road-related areas,” a spokesperson stated.
“Enforcement of the proposed new laws will be common sense and proportionate to risk.
“Police officers are properly educated and function below enforcement pointers focused at harmful behaviours.”
The TMR spokesperson stated what would represent an offence would rely upon the person circumstances of an incident.
“However, some examples might embrace dangerously swerving in and out of pedestrians on a crowded path, or riding at an unsafe velocity round a blind nook the place pedestrians and different weak customers is perhaps current,” they stated.
Transport Minister Mark Bailey additionally backed the proposed legislation modifications by insisting they’d enhance security for riders and pedestrians.
“These new laws are merely an extension of present laws to incorporate behaviours on shared pathways and footpaths,” he stated.
“As everyone is aware of, I’m an avid bike owner and I do know the overwhelming majority of cyclists already do the best factor.
“Enforcement will be undertaken with a commonsense approach, targeting dangerous behaviours.”
‘A little bit of a priority’
In its submission to the new laws, Bicycle Queensland stated the definition of with out due care was subjective.
Bicycle Queensland director of advocacy, Andrew Demack, stated reserving a bike owner for working their bike with out due care was open to interpretation by cops.
“Our members are giving us feedback that they think that’s a bit of a concern,” he stated.
“Having said that, that same phrase is used elsewhere in many other contexts, and it hasn’t turned out to be nightmare for motorists or anybody else.
“We do not wish to be too inflammatory about this.”
A Queensland Police Service spokesperson said when a police officer suspected a person had committed an offence, they exercised judgement to determine the best way to proceed.
“Discretion is an officer’s freedom to make selections on the job and to resolve whether or not and the way, inside authorized bounds, they implement the legislation,” they stated.
“A balanced strategy is required to make sure neighborhood security for all concerned.”
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