Tag Archives: Motorbike news

Strategy threatens motorcycle footpath parking

Melbourne’s lauded motorcycle-friendly footpath parking is under threat from a discussion paper to update the city’s Transport Strategy.

Lord Mayor Sally Capp has released a discussion paper in June that suggested strategies for reducing the access of motor vehicles to the CBD for the safety of pedestrians and cyclists.

An alarming finding for motorcyclists is that only 3% support encouraging more motorcycles into the CBD.

That goes against all reports and studies that show motorcycles and scooters are a solution to traffic and parking problems, not a cause.

Another alarming result of the Melbourne strategy is that 80% support dedicated motorcycle parking.

Footpath parking threat bays plan centre strategy
Footpath parking in Melbourne

That likely means removing motorbikes and scooters from footpaths and providing allocated parking on streets.

The report says that “without allocated parking, increasing numbers of motorcycles clog up the footpath as ridership increases”.

That’s a big concern for Melbourne’s riders, although if there are fewer cars and trucks in the CBD, it may mean there is more on-street parking for motorcycles.

A compromise to the current loose footpath parking rules could be allocating painted bays on footpaths as is the practice in Brisbane.

Brisbane CBD motorcycle parking bays strategy
Brisbane footpath parking bays

That may help placate 54% of pedestrian respondents to the paper who say footpaths are becoming overcrowded.

However, that overcrowding is not just the fault of motorcycles, but also cafes, vendor stalls and bicycle parking.

Public meeting

The Melbourne discussion strategy will be presented at a Council Meeting on Tuesday 11 December at 5.30pm.

Council says members of the public may provide written submissions prior to the meeting.

However, there will be no opportunity to make verbal submissions during the meeting.

The draft Transport Strategy is now being completed and will be presented to Future Melbourne Committee in the new year. Further consultation will follow to finalise the Strategy.

Riders are encouraged to attend the meeting and protest quietly and peacefully with placards.

Concerns about strategy

In October 2014, Melbourne unanimously adopted a Motorcycle Plan that nurtured and encouraged motorcycles to the city.

However, the Independent Riders’ Group in Victoria has expressed concern ever since that Melbourne’s much-vaunted motorcycle footpath parking was still under threat from a growing number of pedestrians, a strong cycling lobby claiming footpath space, comments by a former RACV boss, an MCG parking ban and alternative road-centre parking.

The rival Victorian Motorcycle Council described the claims as “scaremongering”, saying there was only an issue about parking around Luna Park in the City of Port Phillip which they claimed to be involved in resolving.Melbourne zones discussion paper strategy

IRG spokesman Damien Codognotto is calling on riders to email Melbourne’s Lord Mayor and Transport Committee chair Nicolas Frances Gilley.

He says riders should object to the lack of consultation with the City of Melbourne’s Motorcycles In Melbourne Committee, the Motorcycle Expert Advisory Panel at VicRoads and other motorcycle and scooter organisations.

“There is only so much on-street space available so they can’t do much to allocate centre-of-the-road or curbside motorcycle and scooter parking,” Damien says.

“Increasing off-street bike parking only works for pushbikes (so far). Melbourne’s car park operators pay lip service to us but don’t act. Even park and ride facilities fail to provide secure parking for motorbikes. The majority of off-street car park operators do not want motorcycles cycles in their buildings.

“Painting parking boxes on footpaths is a waste of paint. Probably a move towards making riders pay for space. 

“The system in place now has worked for three decades. It is good for the city.

“In my opinion the anti motorcycling culture is widespread in Victoria and this attack on motorcycle and scooter footpath parking is part of that, pure discrimination.”

The IRG, which is a member of the Motorcycles In Melbourne Committee has also called for an improvement in off-street motorbike parking with facilities such lockers for protective clothing and a trial of forward stop lines for filtering motorcycles.

Source: MotorbikeWriter.com

Police okay Santa novelty helmet covers

If you want to get into the Christmas spirit with a novelty Santa helmet cover, you can be assured the police will not play Scrooge and fine you for a non-compliant helmet.

Motorbike Writer subscriber Travis Yap of Victoria asked us whether a novelty helmet cover would be illegal.

He says he was concerned after reading articles about riders being fined for having painted helmets or attachments such as cameras and Bluetooth units.

Travis bought a Santa Claus cover that simply slips over the helmet and has elastic on the bottom to hold it in place. There are no screws, velcro, glues or other attachments.

We asked the various state police services for their opinion.

Novelty helmet cover not illegal

VicPol simply replied: “It is not illegal to put a hat over the helmet”.

Queensland and South Australia police agreed that novelty helmet covers are legal but supplied a little more detail:

“Novelty helmet covers are not illegal, as long as the rider is wearing a motorcycle helmet that complies with Australian standards and is securely fastened. Riders will need to ensure that the novelty cover does not obscure their vision.”

We are still awaiting replies from other police services, but don’t expect they will vary from the same theme.

Helmet cover pros and consNovelty santa xmas motorcycle helmet cover

Apart from being fun on many occasions, not just Christmas, novelty helmet covers have some practical advantages.

They protect your helmet from dust, scratches and chips, as well as reducing wind noise.

However, riders should also be aware that there are some disadvantages.

They can also suppress important surrounding noises such as emergency sirens or the sound of screeching tyres.Novelty santa xmas motorcycle helmet cover

They also reduce ventilation which would make them stiflingly hot on a summer’s day, especially if being worn in a slow-moving toy run procession.

Since they are not securely fastened to the helmet, they can also flap around and shift at high speeds, potentially blocking your vision.

Most suppliers recommend they not be worn on the highway, but only at city speeds.

“I purchased it just for the silly season because it is a bit of fun,” Travis says.

“I expect it will get rather hot under there. I usually just commute to work so maybe I can put up with it for 20 minutes.”

Source: MotorbikeWriter.com

Government blame for motorcycle theft

The former Campbell Newman Government not only disrupted Queensland’s motorcycle industry with discriminatory VLAD laws, but may also have contributed to the state’s skyrocketing motorcycle theft rate.

RACQ spokesman Steve Spalding says the state’s rising car and bike theft rate is a result of the former government’s decision to pull out of the National Motor Vehicle Theft Reduction Council (NMVTRC) about five years ago.

Consequently, Queensland’s motorcycle theft rate has risen the most of any state. In the past 12 months it is up 10.2%, while the national rate is down 3.5%.

“It cost $200,000 a year to be part of the council,” Steve says. “But it gave us access to a lot of research, detailed analysis and effective programs such as the young offender program.”

Police Minister Mark Ryan has not replied to our request for comment about the current government rejoining the NMVTRC.

The massive rise in Queensland’s motorcycle theft rate has prompted a police and RACQ “Stop Stolen Motorcycles” awareness campaign to remind riders to secure their bike.

Motorcycle theft Senior Constable Tony Tatkovich and Steve Spalding RACQ
Senior Constable Tony Tatkovich and Steve Spalding RACQ wth a motorcycle disc lock

Theft campaign

In Queensland, the motorcycle theft hotspot is Brisbane where 232 bikes were stolen from 2012 to 2017.

Half were stolen from parking bays, 108 (47%) were taken from a residence and eight (3%) from businesses. 

Only 48% of stolen motorcycles are partially recovered. Most are disassembled and sold for parts. 

Stop Stolen Motorcycles campaign leader Senior Constable Tony Tatkovich says 96% of stolen bikes were not fitted with a security device.

Senior Constable Tony Tatkovich launches awareness campaign motorcycle theft
Senior Constable Tony Tatkovich launches awareness campaign

“The best way to prevent your motorcycle from being stolen is to take significant measures by using anti-theft devices like disc locks with audible alarms or tracking devices,” the Yamaha R1 fanatic says.

“With a loud motion sensor alarm in them they cost from about $50 and act to deter would-be thieves as well as alert the community who are witnesses to the crime.”

Steve, who is a keen Suzuki Bandit rider, says disc locks would make a “relatively inexpensive” Christmas gift for a rider.

If riders see or hear suspicious behaviour involving motorcycle theft, they can contact Policelink on 131 444 or provide information using the online form 24 hours a day. 

The Stop Stolen Motorcycles campaign consists of leaflet drops on bikes and at dealerships, as well as posters at carparks and social media.

Theft hotspots

State/Territory Local Government area Previous 12 month Past 12 months % change
QLD Brisbane (City) 2,436 2,632 8.0% 
QLD Gold Coast (City) 1,655 1,879 13.5% 
QLD Logan (City) 1,056 1,288 22.0% 
VIC Hume (City) 1,025 1,113 8.6% 
ACT Greater ACT 1,199 1,098 -8.4% 
QLD Moreton Bay (Regional Council) 860 915 6.4% 
NSW Blacktown (City) 790 810 2.5% 
VIC Casey (City) 789 731 -7.4% 
VIC Moreland (City) 663 706 6.5% 
VIC Whittlesea (City) 780 695 -10.9% 

The national decrease in motorcycle theft in the past 12 months is a big turn-around.

Motorcycle theft rose 5% in the 2017/2018 financial year while all other vehicle theft across Australia dropped, according to NMVTRC figures.

The biggest change since then has been a marked decrease in theft in Western Australia which had been the worst performing state for some time. In the past 12 months, WA thefts are down a massive 21.3%.

As well as initiatives to make motorcycles safe from theft in Western Australia, the decrease has also been the result of a decline in the state’s economic fortunes since the mining downturn. 

Here’s how you can protect your bike

  • Use a secure disc lock with an alarm and a reminder cord attached to your handlebars so you don’t ride off with it still in place.
  • If you park your motorcycle outside your house, consider installing wireless outdoor security cameras or a motion sensor light near the bike.
  • Also, use the steering lock if your bike has one.
  • Even when parked in a secure location such as your garage or behind a locked gate, consider the extra security of using the steering lock, a disc lock or chain as well.
  • Pull out a spark plug or fuse, or have an immobiliser fitted.
  • Avoid parking your bike in railway or shopping centre car parks as these are notorious for theft.
  • Park in a locked carpark. If you have to park in the open, leave it where you can see your bike or in view of a security camera and/or under a light.
  • Otherwise, keep your bike out of sight, maybe parking it behind your car. If parking in a garage, block the bike with your car and ensure the garage is locked.
  • Use DataDot, DNA+ or a security tag to identify your bike.
    thief DNA+ invisible marker rampant campaign
  • When riding home, make sure you are not being followed.
  • Stay alert for suspicious vans or trucks driving around late at night. These are used to transport stolen motorcycles.
  • Put a cover over your bike. It might slow down thieves and prevent theft of accessories. But make sure it isn’t a flashy lone with the brand name of the bike on it. That only entices thieves.
  • When riding in a group, park your bikes together.
  • Consider marking your bike in a unique way that could aid in recovery and therefore dissuade thieves.
  • At hotels or public parking spaces, try to park in view of parking lot security cameras and lights.
  • Install a motorcycle alarm and/or a hidden kill switch.
  • Buy a GPS tracking system that can track and relay your bike’s speed, location and direction.

Source: MotorbikeWriter.com

Rider challenges impossible speeding fine

A rider is challenging a speeding fine he says is impossible because it claims he was doing 150% of the posted speed when he was riding uphill around a corner towing an 80kg trailer.

Gerard Chee, 61, of Bribie Island, says he can’t remember the last time he copped a speeding fine.

The incident was caught on a covert fixed speed camera on November 11, 2018, on the uphill section of Mt Mee north of the lookout.

It’s a notorious stretch of road that police stake out to catch speeding riders.

Impossible speed

Gerard Chee challenges impossible speed fine Harley-Davidson XR1200 trailer
Gerard’s rig

However, Gerard says it was impossible for his Harley-Davidson XRE1200 towing an 80kg trailer to be traveling at 90km/h in the 60km/h speed zone.

The offence notice arrived about two weeks later. The fine is $435 and four demerit points.

“I wasn’t game to go back up there and see if I could sit on any corners at 90km/h with the trailer in tow,” he says.

“However, I did a run up through that range at 60km/h to see how many I could do easily do at that speed.

“In fact there were only two corners I could do. The rest were down about 50 to 52km/h.”

Gerard says his Harley has only been cosmetically modified with no performance updates.

Gerard Chee challenges impossible speed fine Harley-Davidson XR1200 trailer
Gerard and his XR1200

“With that trailer, it is impossible to do 90km/h,” he says.

Gerard had the photo from the offence notice printed out and sharpened to see more detail.

“If you look at the picture and the corner I’m exiting it’s only a few metres before I’m into the next sharp corner,” he says.

“I was trying to imagine hooking into a sharp turn like that with a trailer on; I wouldn’t do it if they paid me a million dollars.

“The camera has got to be inaccurate.

“I suggest anybody who got a ticket at the same time should challenge it because it is wrong.”

He has not yet contacted police to say he will challenge the fine as he is waiting on legal opinion from Maurice Blackburn Lawyers.

Covert camera

Gerard says he did not see the speed camera and disagrees with them being covert.

“I saw nothing,” he says. “Covert speed cameras are morally wrong.

“They have added a clause in the legislation that they don’t need to be in plain sight if it is in the interest of public safety.

“I’ve heard they now hide in unmarked vehicles and even stand in the back of a horse float.

Police using covert TruCAM laser speed camera impossible
Police using TruCAM laser speed camera in an unmarked car with tinted windows

“That can’t be right. Fair enough they should give a fair warning.

“If they hide them, they better trust their equipment to be infallible.”

Source: MotorbikeWriter.com

Combat medic plans ‘medicycle’ for indigenous

A former elite soldier and combat medic is raising funds to buy and equip a “medicycle” to bring crucial medical relief to indigenous communities in far north Australia.

Rick Carey, 64, of the Snowy Mountains, recently completed a three-month, 25,000km fundraising trip through the Northern Territory on his Royal Enfield Classic 500 Pegasus.Combat medic plans 'medicycle' for indigenous Rick Carey Royal Enfield Classdicx 500 Pegasus limited edition

He raised more than $8000 for soldiers suffering from post-traumatic stress disorder (PTSD).

Now he plans to return to far north indigenous communities each dry season on a specially equipped medical motorcycle to provide medical relief.

GofundmeCombat medic plans 'medicycle' for indigenous Rick Carey Royal Enfield Classdicx 500 Pegasus limited edition

He’s calling the project Muriel the Medicycle and has launched a Gofundme campaign.

Motorbike Writer supports a lot of charity riders who raise money for good causes. Some critics suggest these riders are just using charity and crowdfunding to pay for their holiday.

However, Rick points out that he sold one of his favourite motorcycles, an original 1998 R1, to fund the first ride.

“I put out over $20,000 to fund my first trip,” the pensioner says.

I was not going to be accused of using donations to fund the trip.

“I only managed to raise $8000 but I also raised a lot of awareness of PTSD as I’m a former suffer myself.”

Rick has seen combat all over the world with the British Army and has worked with the Australian Special Forces.

Combat medicCombat medic plans 'medicycle' for indigenous Rick Carey Royal Enfield Classdicx 500 Pegasus limited edition

As a combat medic, he is now keen to provide medical relief to the indigenous communities he visited on his first trip.

“I never planned to do this but I left the Northern Territory in tears,” he says.

“I couldn’t believe the conditions they were living in.

“I was totally shocked by the disease and injuries these people were living with and even more saddened by the fact they are Australia’s forgotten people with little in the way of aid or medicines to improve their 1700s living conditions.”

Good SamaritanCombat medic plans 'medicycle' for indigenous Rick Carey Royal Enfield Classdicx 500 Pegasus limited edition

Rick says he is covered by the Good Samaritan laws.

“I’ll only be doing first aid, nothing radical. Just making people more comfortable.”

Rick hopes to raise $50,000 to buy a BMW F 850 GS and equip it with medical supplies.

“I need a decent off-road bike to handle the conditions that the Enfield couldn’t,” he says.

He plans to head north again in August 2019 and will document the trip to help educate the Australian public on the plight of remote indigenous communities.

“We can continue to ignore the fact Australian children are dying in our own country, or like me we can actually do something without being hamstrung by political agendas,” he says.

“It’s better to do a little good for a few people than nothing at all.”

Source: MotorbikeWriter.com

Banned Motorcycle Mods and Why They Should Be Avoided

Contributed post for our North American readers

We often derive a sense of pride from our ownership of a vehicle. It’s a status symbol, after all, which is why so many of the rich and famous own luxury cars and bikes. But, that’s not the end-all-be-all reason for owning a nice car or a nice bike. One of the purest joys that comes from owning a majestic piece of machinery comes in the form of being able to customize it. Because, well, nothing says “my property” more like custom parts.

At that point, our bikes become more than just property; they become true extensions of who we are. They become representations of our personalities and our lifestyles. We are able to express ourselves freely through our machines.

Or are we?

The law places a limit on the extent to which we can express ourselves. There is a limit to which we can exercise the freedoms granted to every American citizen. So, what is this limit?

Well, as a general rule, and figuratively speaking, you’re allowed to wave your fist around as much as you want as long as you don’t hit anyone in the face.

The same principle applies with motorcycle mods. You’re allowed to have them, as long as you aren’t endangering yourself or others. So, what are these motorcycle mods you should avoid getting?

Colored LightsNew York motorcycles

There’s a reason that all motorcycles come stock with the same standard light color. Yellow light is used for headlights because our eyes are accustomed to sunlight. That, and it penetrates through fog better than white light (though, why you’d be riding a bike through fog is beyond me or common sense). Red lights are used for the brake lights because red is the universal color for distress. Switching up these colors is bound to send the wrong messages, and that is how accidents occur.

If you do, however, find yourself in an accident, whether you caused it or you were affected by it, it’s always best to call a lawyer who’s an expert on motorbike accident law.

Loud Exhausts

Nobody likes those Civics that sound like trombones at the best of times. The same can also be said for motorcycles that are equipped with excessively loud exhausts. Not only can they be distracting, they are also dangerous to people around you. Some people, like the elderly, are prone to heart attacks, and other people may also be prone to panic attacks. Don’t be “that guy” announcing his presence to everyone by being loud and obnoxious.

Gatling Exhausts

Gatling exhausts speak a lot about a rider’s maturity (or rather, lack of it). While the aesthetics are just downright useless, the real harm here is that these exhausts produce more carbon emissions than regular exhausts.

Front Brake Removal

Could the Easy Rider Captain America chopper soon become the most expensive motorcycle in the world?
Peter Fonda on Captain America in Easy Rider with no front brake

About 70% of a bike’s stopping power comes from the front brake. Not sure why you’d give this up just to look cool. You probably shouldn’t, though, since this is not only dangerous, it’s also illegal.

Pressure Horns

Much like loud exhausts, pressure horns are illegal, not simply because they’re incredibly disruptive to the public, but they’re also dangerous because they’re loud enough to cause hearing loss. These horns operate at a dangerously high level of noise. Don’t contribute to noise pollution. If you really want loud, yet legal horns, simply stick with dual OEM horns. They’re totally legal and safe.

Source: MotorbikeWriter.com

Uni hints at more LAMS bikes limits

The learner-approved motorcycle scheme (LAMS) should not only consider limits on power-to-weight (PTW) ratio and engine capacity, but also motorcycle type.

The suggestion is included in a new Monash University’s Accident Research Centre report that assesses factors affecting crash risk related to PTW ratio, engine capacity and motorcycle type.

It found that crash risk increased with the PTW ratio in some types of bikes such as sports and naked bikes, but actually decreased with off-road and adventure bikes.

While the uni report did not specify changes to LAMS as used in Australia and New Zealand, it says “further research” is required on the injury crash risks associated with engine size, rider experience and motorcycle type.

“This is needed to validate the observed relationships of crash risks varying positively and negatively with engine size depending on the type of motorcycle,” it says.

“If valid, then there is opportunity to reduce injury outcomes of novice riders by re-assessment of the LAMS to allow for engine capacities relevant to the motorcycle type.”

LAMS limits

Currently, LAMS has 150kW per tonne PTW ratio and 660cc engine capacity limits (except in the Australian Capital Territory). There is currently no restriction on motorcycle type.

Harley-Davidson Australia has been lobbying the Australian Government to axe the engine capacity limit for their cruiser-style motorcycles.

Harley-Davidson Iron 1200 Sportster review limits
Harley Sportsters are above current LAMS limits

Such a move would widen consumer choice for novice riders.

However, the Monash Uni report could also lead to limiting the LAMS list to some some bike types, such as naked and sport.

The report says sports bikes, which have the highest crash risk and highest risk of serious injury outcomes, are becoming “more prevalent in the fleet, which is adversely affecting motorcycle safety”.

“Further adverse effects on motorcycle safety are stemming from the trend to increasing power to weight ratio of newer motorcycles, which has shown a significant association with more severe injury outcomes in a crash.

“Analysis results also suggest that the effectiveness of the LAMS criteria could also be improved by considering motorcycle type in the restriction criteria.”

Given governments’ past propensity to cite MUARC studies, this new report could lead to new limits on the number of bikes available for learners and novices.

Source: MotorbikeWriter.com

Cops withdraw Lidar speed gun fines

South Australia Police is temporarily suspending use of the Lidar speed gun and withdrawing 150 speeding fines after three court decisions found police can misuse the handheld guns.

The three defendants charged with speeding detected by police on Lidar guns had their fines overturned.

Now, SAPOL is temporarily withdrawing Lidar guns until legislation is amended to resolve the legal issues with regard to the evidentiary certificates.

They are also withdrawing 125 speeding fine prosecutions.

South Australian Ride to Review spokesman Tim Kelly says anyone who copped a Lidar speed fine and has not yet paid should apply for a review.

Contact [email protected]ov.au or write to SAPOL addressing the request to Expiation Notice Branch, GPO Box 2029, Adelaide, SA 5001.

Impact for other states?

While the judgments were delivered in the South Australian Supreme Court, they could have an impact for all states and territories if the calibration of the guns is questioned.

However, there is no movement yet by other states to withdraw Lidar guns.

The three decisions were all based on an argument put forward by lawyer Karen Stanley of Stanley Law. Her full statement on the judgments is included in full at the end of this article.

LIDAR radar speed gun
Karen Stanley

The judgments are based on a previous case run by Ms Stanley in 2016 case where speeding charges were thrown out because of the police calibration methods for the LIDAR hand-held speed gun. In one of the three recent cases, a motorcyclist was recorded riding 126km/h in a 60 zone in Adelaide.

“My attack was to the certificates that prosecution uses to prove that the guns were accurate,” Karen says.

Lidar gun ‘not at fault’

LIDAR Low speed threshold a danger hidden demons lidar
LIDAR is used around the world

She points out that the Lidar guns are not necessarily inaccurate or unreliable, but that the police method of calibration, and the way police certify their accuracy, is at fault.

Whether the judgments will apply across all states and territories will depend on the wording of the certificates and what the law says, she says.

“However, I expect that the broad principles His Honour addressed in the substantive case of Police v Hanton, will apply in all states,” she says.

The Crown may appeal against the judgments so until that time has lapsed, it would not be appropriate to draw conclusions about the future of speeding charges from these judgments” Reviewing methods

Justice David Peek criticised South Australian Police for failing to change their testing system since the 2016 verdict.

He wrote that police appeared willing to “accept the odd setback in terms of a not-guilty trial because the cost of that is less than fixing the system”.

There is no word yet from government on changes to legislation to allow police to start using the guns again.

Meanwhile, SAPOL say they will continue to use other “well-established speed detection options” such as hand-held radar devices and fixed and mobile speed cameras.LIDAR radar speed gun

Stanley Law statement regarding South Australian Supreme Court Judgments

  • POLICE v HANTON [2018] SASC 96
  • POLICE v MILLER [2018] SASC 97
  • POLICE V HENDERSON [2018] SASC 98

On Thursday 19 July 2018, the South Australian Supreme Court published three significant judgments about the use of hand held LIDAR speed guns to detect vehicle speeds. These cases all relied on the argument successfully raised in Police v Butcher, a 2016 Supreme Court decision that resulted in speeding charges against the defendant being dismissed. While the individual cases are complex, the unifying issue in each was the reliance by prosecution on a certificate to prove the accuracy of the speed guns used to detect the speed of the defendants’ vehicles. Justice Peek found that the certificate relied on by the prosecution was not capable of proving the accuracy of the speed gun to within the margin of error stated in the certificate.

To be clear; the Supreme Court did not say that the speed guns were inaccurate. Rather, the Court found that prosecution could not prove that the devices were accurate by relying on the certificate. Speculation on social media that the judgments have “proved” that speed guns are inaccurate and unreliable, is incorrect.

There is always a presumption of innocence and prosecution must prove, beyond reasonable doubt, that the offence was committed. One of the things that prosecution need to prove for speeding charges is that the device used to detect the vehicle is accurate. It would be cost prohibitive for prosecution to prove the technology behind the speed devices in every case. This would require experts to give evidence at every trial on how the devices work. To simplify this, the law in Australia allows the prosecution to rely on certificates, signed by a senior police officer, that certify the accuracy of the speed gun used. That certificate then becomes proof of the accuracy of the speed gun and the onus then switches to the defendant to provide “proof to the contrary” of what is certified.

While it may appear that this shifting of the evidentiary burden means that in speeding cases the defendant has to prove that they are not guilty, in actual fact, this only occurs once prosecution have proved that the device is accurate. It’s the certificate that prosecution relies on to prove this. The burden of proof only switches to the defendant once there is proof of the accuracy of the device.

The argument in the 2016 case, and in each of the three judgments handed down last week, was that the prosecution could not rely on the certificate because prosecution could not prove that the gun was accurate to the extent certified in the certificate, ie, within a margin of +2/-3kph. Without the certificate, there was no evidence of the accuracy of the device and therefore prosecution could not prove the speed of the vehicle. This is why the alleged speed of the defendant was irrelevant. For these purposes it does not matter whether the alleged speed was 5kph over the speed limit or 100kph over the speed limit.radar police speed camera demerit hidden lidar

Speed guns are required to be calibrated every 12 months in accordance with the Australian Standards. This involves an extensive process of testing the gun in a simulator. When a speed gun is calibrated, a report is issued which states that the gun is accurate to within a specific margin of error.

In addition, police are required to perform a number of daily tests, as prescribed by the manufacturer. These tests are recorded as pass/fail. The law requires that these tests are performed on the day that the device is used. The results of these tests are then used when producing the certificate.

In each of judgments published in July 2018 Justice Peek held that prosecution could not rely on the certificate because the daily testing by police doesn’t show that the devices are accurate to within +2/-3kph. The finding in each of these cases is the defendant did not need to prove that the device was inaccurate, but only that the daily testing done by police didn’t prove that the device was accurate to the extent claimed in the certificate. Without the certificate the prosecution was unable to prove the speed of the vehicles.

In addition, Justice Peek made a number of criticisms of the current testing regime of speed detection devices, and the circumstances under which the certificates are issued. Justice Peek further expressed concern that despite warnings in 2016 (Butcher) and 2017 (Henderson), the prosecution of speeding charges has continued without addressing the issues raised in the earlier cases.

SAPOL has issued a statement confirming that they are assessing the judgments “to fully comprehend if changes need to occur”. These judgments make it abundantly clear that changes need to occur. While SAPOL and prosecution continue to prosecute speeding charges in the manner they have to date, defendants will continue to have speeding charges dismissed. The argument first raised in Police v Butcher is clearly not a “one-off” as stated at the time.

The judgments handed down last week are lengthy and complex and will require further analysis in order to determine what ramifications these judgments have beyond the individual cases, although it is already clear that the broader implications are significant.

There is some commentary on social media about what impact these judgments will have on expiation notices issued since SAPOL was first put on notice about problems with relying on the certificates. At this stage it is too early to speculate on this.

Source: MotorbikeWriter.com

More Sikhs allowed to ride in turban

Sikhs in Ontario are now allowed to ride in a turban instead of a helmet, joining riders in three other Canadian provinces as Australian Sikhs seek the same exemptions.

The Ontario government has granted the rule waivers to Sikhs in recognition of their civil rights and religious expression after a bill presented by parliamentarian and Sikh Prabmeet Sarkaria.

“The wearing of the turban is an essential part of the Sikh faith and identity, and exemptions for Sikhs have been successfully implemented in other provinces in Canada and across the world,” he said.

Sikhs are also exempt from wearing motorcycle helmets in Indian, the Canadian provinces of Alberta, Manitoba and British Columbia, and the UK introduced the exemption in 1976.Turban Sikh sikhs helmet

However, Denmark is following France by cracking down on helmet exemptions that allow riders to go without a helmet if they obtain a doctor’s note or have a legitimate non-medical reason such as wearing a turban. 

Aussie Sikhs

Sikh Motorcycle Club rides for charity sikhs turban
Aussie Sikhs

The Sikh Motorcycle Club of Australia told us last year that motorcycle and bicycle helmet rules are discriminatory.

They are calling for an exemption for all cyclists and for motorcyclists and scooterists riding at low speeds only.

Founding member Daljeet Singh told us that while initiated male and female Sikhs must cover their hair with a turban, Sikh Motorcycle Club members wear a bandana-style scarf underneath their helmets.

The Central Coast of NSW Sikhs say they have campaigned to Coffs Coast Council for the right to not wear helmets on city streets signposted up to 60km/h.

However, the matter would have to be decided by the NSW Centre for Road Safety (CRS). Neither council nor the CRS can find any record of contact from the group.

There are about 126,000 Sikhs in Australia, according to the 2016 Australian Bureau of Statistics census. It is the fifth largest religion after Christianity, Islam, Buddhism and Hinduism.

Victoria has seen the sharpest increase in the number of Sikhs with 52,762. The state with the second highest Sikh population is NSW with 31,737 Sikhs, Queensland 17,433, Western Australia 11,897, South Australia 8808, ACT 2142 and Northern Territory and Tasmania have under 700 Sikhs each. 

Turban symbol

Why do Sikhs wear turbans? Here is an explanation from Sikh Council of Australia’s website.

Unshorn hair (‘Kesh’) are also an essential part of the Sikh Code of Conduct. This makes Turban an essential part of a Sikh’s attire. Like the ‘Kirpan’ issue, this is another issue where the Government and its departments as well as the wider Australian community need to be informed about the importance of the Turban for a Sikh. More importantly, in order to tackle the hate crimes and discrimination based on the ‘looks’ the Australian community is being educated about the distinction between a Sikh and other members of the community who may also wear a Turban or cover their head or perhaps may look the same due to other items of clothing (for example the salwar and kameez for the women).

Hopefully the Government will introduce measures which will allow the wider Australian community to be more aware and tolerant and not discriminate against someone wearing a Turban and not assume that they might be a terrorist.

Source: MotorbikeWriter.com

Potholes causing more riders to crash

Riders are three times more likely to be involved in crashes caused by potholes and poor road surfaces than any other vehicle type.

A new British Automobile Association survey found that while potholes cause damage to cars, they are a greater injury threat to riders.

They say riders swerving to avoid potholes can also cause crashes.

It comes as a new Monash University’s Accident Research Centre report into motorcycle crashes suggests governments improve the quality of rural roads and evaluate roads for their specific motorcycle safety.

Potholes fixationRoad maintenance potholes

Some critics say that our fixation on the state of our roads and poor roadworks is over the top and riders should simply ride to the conditions.

However, the conditions are getting worse and councils and governments continue to duck for cover when riders crash and dare to seek compensation.

Gold Coast rider Robyn Love is still awaiting a reply to her claim for combination after crashing her Harley in unswept roadworks on the Lions Rd in June.

Lions Rd crash loose gravel repairs
Loose gravel on Lions Rd that caused a crash

There is no doubt that potholes are dangerous to riders.

A pothole can cause a big jolt in the front suspension, kick the handlebars about and possibly damage a rim. But at least the suspension is set up to absorb most of the impact.

However, bumps or a seam of humps in the middle of a lane caused by heavy vehicles pushing the tar up may be even more dangerous.

They can lift the front wheel off the ground, kick the bike left or right into the bush or oncoming traffic, or cause a tank slapper where the handlebars oscillate wildly.

Bumps are also harder to see and seem to be less likely to be fixed than potholes in yet another example of how the authorities ignore and neglect motorcycles.

Source: MotorbikeWriter.com