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Cyclists call for law to hold drivers guilty until proven innocent (Victoria)

By Angus Thompson, Herald Sun

 

Cyclists

Cyclists want a law that would mean motorists would be automatically culpable in incidents with more vulnerable road users until proven otherwise. The Courier-Mail

 

CYCLING advocates are urging the Victorian Government to consider laws that would make drivers guilty until proven innocent.

Monash University Accident Research Centre researcher Dr Marilyn Johnson said the laws used in some European countries should be examined as part of a review of road rules.

“Responsibility is about whoever’s driving the larger vehicle. It’s about structuring the hierarchy of our vehicles on the road and making drivers of larger vehicles more responsible,” Dr Johnson said.

The rules would mean motorists would be automatically culpable in incidents with more vulnerable road users until proven otherwise.

It follows research that shows drivers are to blame in almost 90 per cent of incidents involving motorists and cyclists, and that most drivers didn’t realise their actions had even affected the rider.

Amy Gillett Foundation CEO Tracey Gaudry backed the push to improve the safety of cyclists on the roads.

''The existing state of road rules by and large are there to protect the safety of all road users. But with an increase in cycling there needs to be a review of road rules, with a focus on bike riders being one of the most vulnerable road users,'' Ms Gaudry said.

''We’re motivated to work with the Government to review all road rules legislated to maximise safety of bike riders.''

She said laws that put the onus on drivers would make safety paramount every time they left the driveway.

“It automatically changes the way you think about the way you get from A to B, and it automatically forces you to think about maximise your safety and minimse the impact of your road use towards others.

“We’re advocating for the Government to spend more time, effort and funding on understanding these road rules,” Ms Gaudry said.

She said the Amy Gillett Foundation was also pushing to legislate at least a one-metre gap when cars overtook cyclists.

Previous research jointly funded by the Amy Gillett Foundation, of which Dr Johnson is also a member, and MUARC found that drivers were at fault in 87 per cent of incidents involving motorists and cyclists.

In 83 per cent of those incidents, the incident prompted no reaction by the driver.

“What that outcome is telling us is that driver is not aware that he or she is placing a vulnerable road user at risk,” Ms Gaudry said.

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Dated - 14.02.2012