Police issues
What do we need to talk to the cops about?
In my role as CAN meetings co-ordinator I'm in the process of setting up a meeting with Police HQ in Wellington in the next few weeks to discuss cycling issues.
Two questions for you and your members to consider below. Local group reps could pass on this message to their members and feed replies back.
We may need to go out to members for their personal experiences in some of these areas.
1. Do you have any contributions or amendments to the list of topics below?
- Reducing speed limit enforcement tolerance
- Light sentences for drivers hitting cyclists
- Changing the assumption of responsibility in motor vehicle/cycle crashes
- Legal/enforcement issues, including how far left is 'keep left'?, safe passing gap
- Police 'Cycle Aware' training workshops - gaining HQ support for roll-out of CAN resource
2. Would you be interested in attending the meeting as part of the CAN delegation?
Cheers,
Robert
- Login or register to post comments
- Printer-friendly version
Comments
Re topics for discussions
Re topics for discussions with the Police
In my view there is an underlying theme for several of the topics suggested by Robert and others. Questions like:
-Light sentences
-The proper interpretaiton of the road rules (safe passing distance, keep left, safely overtake on the left)
-whether the driver at K2 was at fault (which realy means was his behaviour acceptable)
arise as many in the Police seem to assume that current common driving behaviours are (a) safe, and (b) in accordance with the Rules (and some common cycling behaviours are the opposite). The first issue may be due to a lack of first hand knowledge (for instance I do not think there is any racing cyclist that would have acted as the K2 driver did, and who sees it as acceptable driving). There is no excuse for the second.
One more thing: some police
One more thing: some police officers have a sketchy understanding of traffic law. Last night my friendly neighbourhood bobby insisted that cycle helmet exemptions lasted just 12 months.
Specific issues that have
Specific issues that have come up (sometimes repeatedly) in the CAN Legal Forum are:
(1) ambiguity of being able to overtake motorists on the left of a *stationary* line of traffic but not when it is moving (this is where no separate cycle lane is provided). The common occurrence is of course stop-start traffic in rush-hour that technically means cyclists would also have to stop-start (well actually "start-stop"). This has caused problems when turning motorists have hit a cyclist overtaking on the left.
(2) Police interpretation of requirement to keep left "where practicable", particularly in situations where a cyclist has surmised that it is safer to temporarily "take the lane" to avoid being squeezed out.
Would also be useful to get a Police interpretation of when they feel a Traffic Management Plan or H&S Plan is necessary for cycling events, e.g. cycle training, local group recreational ride.
"How far left?" is a
"How far left?" is a fundamental question for cyclists.
I'd like clarity from Police and NZTA on this.
Road Code says:
"Keeping left on a laned road
When driving on a laned road, it is important to drive your vehicle within your lane."
and
"Keeping left on an unlaned road
To stay well out of the way of oncoming vehicles, always keep as close as possible to the left side of the road."
(http://www.landtransport.govt.nz/roadcode/about-driving/keeping-left.html)
Draft Bike Code says:
"Riding along the road and passing
Ride on the left side of the road, about 1 metre out from the kerb or from parked cars. Watch out for parked cars and opening car doors."
(NZTA, May 2009)
NZTA's "Hey Cyclists!" leaflet says
"Occupy the centre of the traffic lane when the road width requires it, or when you need to position yourself for a turn."
The consensus of experts (Forester, Franklin, UK Bikeabilty) is to ride in the primary position unless there is a good reason not to. e.g.
"Bikeability Module 5 Understand where to ride on roads
Cyclists should not cycle in the gutter. Where there is little other traffic and/or there is plenty of room to be overtaken they may ride in the secondary position.
Where the road is narrow and two-way traffic would
make it dangerous for the cyclist to be overtaken by
a following vehicle they may choose to ride in the
primary position.
If the cyclist is riding at the speed of other traffic
then they should do so in the primary position.
Reasoning
Cyclists may be wary of cycling in the primary position as this will put them in the path of motor traffic when their natural instinct might be to keep away from it. However, where appropriate, it will actually offer them more protection as they will be able to see more, be seen more easily by other road users and most importantly it will prevent drivers from attempting to overtake them where the road is too narrow.
If unsure, the default position is the primary position."
(www.bikeability.org.uk)
As extension of Glen's
As extension of Glen's point, it will be interesting to know Police's stand on road hierarchy system and dominant vehicle law for urban roads (non-motorway, non-highway), in line with european countries. If they are willing to support the concept, we can start lobbying the government.
Hi Fiona "Cycling Advocates'
Hi Fiona
"Cycling Advocates' Network - A voice for kiwi cyclists - We work with government and local authorities on behalf of cyclists, for a better cycling environment"
I think our scope covers all cyclists, whether racing in an event or kids riding to school. This issue is broader than just the race - many recreational cyclists ride in groups and deserve all the protection the law allows. I would like to hear the Police response as to how group rides/races should be conducted to prevent such injuries occurring in future.
If we leave it for someone else to take up then:
- They may not, to the detriment of the issue
- It sends a signal that we are abdicating some of our lobbying and safety activity to BikeNZ or others
So I believe it should be tabled. Interesting to hear what others think
Steve
Hi Re the K2 peloton race
Hi
Re the K2 peloton race causing rider Brett Burton to crash, where he received serious head injuries. Would it not be more appropriate for the race organisers to take this issue up, as it happened during their event or Cycling NZ the body for competitive cycling, even perhaps Bike NZ who are the body Cycling NZ belongs to?
I'd also like to know the
I'd also like to know the outcome of that incident in Nelson a few weeks ago where a cyclist fleeing from the Police for not wearing a helmet was run down and caused to crash by a pursuing patrol car. I recall some Forum debate with a request for CAN representations, but haven't heard of an outcome.
What happened? Was the police officer disciplined, or was this endorsed as good policing behaviour?
Steve
You might also like to ask
You might also like to ask the Police why it seems to be open season on racing cyclists. They've decided not to prosecute the ute driver that cut in to a K2 peloton causing rider Brett Burton to crash, where he received serious head injuries - ref http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10565945
The Police say the driver was not at fault, but this is in direct contradiction to a number of eye witness accounts who are adamant the actions of the ute driver caused the crash.
I suggest CAN ask for a copy of the Police report on this crash so it can be reviewed both for accuracy, and perhaps as "lessons learned" for the wider cycling community so this sort of incident doesn't occur in future.
Steve
List looks good Robert. My
List looks good Robert. My additions:
1. 19 June 2009 marks the anniversary of the death of 2 NZ cyclists. I propose we tell our members, via eCAN and a news release, what's been done in the past 12 months to improve the roading environment etc. Suggest we ask Police (and others, MoT, NZTA etc) for their input.
2. Has CAN adopted Vision Zero as policy? (http://can.org.nz/article/draft-cl-editorial refers to it). We should lobby Police to adopt this.
3. Cycle training: ask Police to clarify their plans.
4. Police in Nelson and elsewhere are using bikes. Congratulate them and invite them to join CAN.
Suggest you run the list past Helen Harris for her comments.