Cycling Advocates' Network (CAN) would like to make the following submission on the red draft of rule 32005 - Vehicle Lighting.

The rules seem to be mainly written for motor vehicles in section 2.2 General Safety Requirements - Headlamps.� In some paragraphs, this is being spelled out, but in other paragraphs, this has been overlooked.� We submit that the following paragraphs be amended with the underlined words:

2.2 (10)� A headlamp must provide sufficient illumination forward of the motor vehicle to enable the driver to safely operate the vehicle.

Reason: Most bicycles of class AA will only ever be operated on streets that are lit during the hours of darkness, with the purpose of the headlamp being that other road users notice the bicycle, rather than to illuminate the road ahead of the cyclist.

2.2 (12) �The horizontal orientation of a low-beam headlamp must, under all conditions of use, ensure that the centre-line of the beam of light emitted from the lamp is projected either parallel to, or to the left of, the longitudinal centre-line of the motor vehicle.

Reason: Bicycle headlamps are most often fitted in a way that the beam of light is projected parallel to the longitudinal centre-line of the front wheel.� It is thus impossible to meet the requirements as spelled out in the red draft of the rule.

2.2 (16)� A high-beam headlamp or an auxiliary headlamp must not be used in areas where street lighting is provided, or when another motor vehicle is approaching or being followed, or when approaching cyclists, trains or pedestrians.

Reason: New Zealand motorists are often inconsiderate in their use of vehicle lighting, as pointed out in the discussion of 'Front and rear fog lamps'� (Overview, pages 16-17). Many motorists do not dip their headlights when approaching pedestrians, cyclists or trains, which is annoying and may also have safety implications. The rule should thus be amended to specifically include these road user groups and to make the dipping of high beams enforceable.

Table 2.1 Headlamp Requirements: One low beam headlamp that emits a steady or flashing beam of light that is visible from a distance of at least 100 m to the front of the vehicle.

Reason: As pointed out above, most bicycles of class AA will only ever be operated on streets that are lit during the hours of darkness, with the purpose of the headlamp being that other road users notice the bicycle, rather than to illuminate the road ahead of the cyclist. The requirements for bicycle headlamps and rear position lamps are therefore similar, which is expressed in our amended wording of the rule.

We would like to point out that most cyclists operate flashing headlamps at present, which is illegal under the red draft of the rule.� We have conducted tests in a poorly lit street, where an observer was positioned approximately 100 m away from a person operating battery powered bicycle front lamps. We chose a poorly lit street as in this type of environment, cyclists are most likely be seen due to the lights fitted to their bicycles, rather than by being illuminated by the street lighting.

We concluded that a flashing headlamp could be noticed far easier by an observer than the same lamp emitting a steady beam.� It will thus be beneficial to road safety to allow the operation of bicycle headlamps emitting a flashing light.

The wording in the Traffic Regulations 1976, Part III, Regulation 43 is in conflict with our amended wording of this rule, and the Traffic Regulations may need to be changed.� However, this may not pose a problem in the interim, as section 1.4(1) states that "if there is a conflict between a provision of this rule and the corresponding provision of a document incorporated by reference in the rule, the provision of this rule applies...".

Yours sincerely,

Axel Wilke (Traffic Engineer and CAN committee member) for Cycling Advocates' Network