The recent spate of hit-and-run accidents involving motorcyclists continues with an SUV driver charged after allegedly running a red light and hitting a rider in north-west Sydney last week.
Police say a Nissan utility was travelling south on Windsor Road, Rouse Hill, about 9.30pm last Thursday (12 September 2019) when it approached the intersection of Schofields Road and was faced with a red right turn arrow.
Allegedly disobeyed red light
“The driver allegedly turned right against the red arrow and struck a motorcycle which was being ridden north through the intersection,” police say.
The motorcyclist, a 63-year-old man, suffered multiple compound fractures to his right leg and fractured ribs.
Our sincere best wishes for a full and speedy recovery.
Police allege the driver of the Nissan did not stop after the crash.
On Friday, Metropolitan Crash Investigation Unit officers arrested a 26-year-old man when he attended Blacktown Police Station.
In one of the most recent events, unlicensed British driver Graham Belcher was remanded in custody after an incident earlier this month in which one rider died and another was injured.
Graham Belcher
Belcher, 52, was arrested at Brisbane International Airport as he was about to board a flight to Hong Kong.
He appeared in Tweed Heads Local Court charged with an outstanding warrant, as well as:
dangerous driving occasioning death – drive manner dangerous;
fail to stop and assist after vehicle impact causing death;
negligent driving (occasioning death);
cause bodily harm by misconduct in charge of motor vehicle;
drive while licence cancelled;
not give way to vehicle (give way sign/line); and
driver fails/refuses to disclose his identity.
Bail was refused and he was remanded in custody until November 20.
Scott Rose, wife Tenniel and his children Lacey and Nash fundraiser
A fundraiser page has been started to raise money for the family of rider Scott Rose, 39, who sadly died in the collision.
Two people have died in a single-motorcycle crash in Sydney’s south today and another rider died in a crash at Castle Rock yesterday.
About 11.10am (Sunday 8 September 2019), emergency services were called to Forest Road, Peakhurst, after reports that a motorcycle hit a pole.
The male rider and a female pillion passenger died at the scene.
Officers attached to St George Police Area Command attended and established a crime scene, which will be forensically examined.
St George PAC have commenced an investigation into the circumstances surrounding the crash and a report will be prepared for the Coroner.
Motorcyclist dies in crash at Castle Rock
Police are also investigating a fatal collision involving a motorcycle and a car near Muswellbrook on Saturday afternoon.
Emergency services responded following reports a Harley Davidson motorcycle and a silver Holden Commodore collided on Wybong Road, Castlerock, just after 2.30pm (Saturday 7 September 2019).
The 47-year-old male motorcyclist died at the scene.
The five occupants of the vehicle, which included a three-year-old child, were treated by NSW Ambulance paramedics before being taken to hospital for treatment to non-life-threatening injuries.
Wybong Road was closed in both directions for a number of hours while specialist forensic officers examined the scene.
Officers from Hunter Valley Police District are investigating the circumstances surrounding the crash.
Anyone with information about these incidents is urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au.
Our sincere condolences to the victims’ families and friends.
A fundraiser page has been started to raise money for the family of rider Scott Rose who was killed in a collision with an unlicensed driver at Tumbulgum, NSW, on Monday (2 September 2019).
Scott died in the crash at the intersection of Riverside Drive and Tweed Valley Way in Tumbulgum near Tweed Heads, about 3.20pm on Sunday.
The driver left the scene and another rider involved was injured but later released from hospital.
Graham Belcher, 52, of Britain, was arrested at Brisbane International Airport on Tuesday (3 September 2019) at 2am as he was about to board a flight to Hong Kong.
dangerous driving occasioning death – drive manner dangerous;
fail to stop and assist after vehicle impact causing death;
negligent driving (occasioning death);
cause bodily harm by misconduct in charge of motor vehicle;
drive while licence cancelled;
not give way to vehicle (give way sign/line); and
driver fails/refuses to disclose his identity.
Bail was refused and he was remanded in custody until November 20.
Family fundraiser
The fundraiser page was started by brother-in-law, Codie Holliday, to raise money to support Scott’s wife Tenniel and his children Lacey and Nash.
“As the sole income provider for his family, Scott’s tragic death is impacting his family in so many awful ways, including financially,” Codie says on the fundraiser page.
“At this horrible time of need it would be most appreciated if as a community we can get together to support Tenniel, Nash and Lacey so that finances are one less thing they need to worry about.
“It is one burden that we can actually help to lift. All funds donated will go directly to the family to assist with all related costs and assist in supporting this family through this time.
“Thank you in advance to everyone who donates, to all of the people who have offered their support and kindness, the first responders on scene, and those who went past the accident and stopped to help, we are forever grateful.”
A British man facing multiple charges involving a fatal crash with two motorcycles on Sunday was an unlicensed driver in a rental car.
Graham Belcher, 52, of Britain, was arrested at Brisbane International Airport yesterday (Tuesday 3 September 2019) at 2am as he was about to board a flight to Hong Kong.
He will appear in Tweed Heads Local Court today.
NSW Police will allege his rental car was involved in the crash at the intersection of Riverside Drive and Tweed Valley Way in Tumbulgum (pictured above) near Tweed Heads, about 3.20pm on Sunday.
Crash scene
A male rider died at the scene and the other male rider was taken to Tweed Heads Hospital with minor injuries.
The driver of the vehicle failed to stop.
NSW Police have successfully applied for his extradition in Brisbane Magistrates Court yesterday.
He will appear in Tweed Heads Local Court this morning charged with an outstanding warrant, as well as:
dangerous driving occasioning death – drive manner dangerous;
fail to stop and assist after vehicle impact causing death;
negligent driving (occasioning death);
cause bodily harm by misconduct in charge of motor vehicle;
drive while licence cancelled;
not give way to vehicle (give way sign/line); and
driver fails/refuses to disclose his identity.
He is expected to be remanded in custody to appear at a later date for a hearing.
His arrest was a joint operation involving the Crash Investigation Unit, Traffic and Highway Patrol Command, Tweed Byron Police District officers, Australian Federal Police, Australian Border Force and Queensland Police.
Police had appealed for the public’s assistance to locate the Hyundai with Queensland registration 170-ZCP.
Similar Hyundai
It was found late yesterday in Terranora and seized for examination.
Inquiries into the events leading up to the crash are continuing.
Anyone with information about this incident is urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au. Information is treated in strict confidence. The public is reminded not to report crime via NSW Police social media pages.
Our condolences to the deceased rider’s family and friends and our best wishes to the other rider for a quick and full recovery.
A 64-year-old male rider has died after crashing into a ditch near Kempsey on the NSW mid-north coast about 12.15pm yesterday (Saturday 31 August 2019).
NSW Police say he was riding his Ducati along Gowlings Hill Road towards the intersection of Dondingalong Road, Dondingalong.
“As the man attempted to negotiate the bend, he appears to have lost control, leaving the roadway, and crashing into a ditch,” police say.
“The man was thrown from the motorcycle and was seriously injured. The man was assisted by members of the public until emergency services arrived.”
He was taken to Port Macquarie Hospital where, sadly, he died.
Our condolences to the man’s family and friends.
Concern about police crash reports
MBW comment
Since police will prepare a brief for the Coroner it is presumptuous of them to assume the circumstance of this crash.
There are many other possible explanations including stray livestock or wildlife, or another vehicle.
Our concern is that references to riders “losing control” creates the impression in the public’s mind that riders are reckless or careless.
Statistically, riders are the most likely motorists to be involved in a crash.
However, statistics also show that at least half of all motorcycle crashes involve another vehicle.
And it could be much higher.
If another vehicle causes a motorcyclist to crash, but then leaves the scene, it is considered a single-vehicle accident.
This sort of scenario is difficult to prove, but if police make reference to the possibility another vehicle or animal is involved, then it is a fairer assessment of a motorcycle crash where the cause is not known.
It would also provide the public with a fairer view of motorcycle crashes and may educate them to look out for vulnerable riders.
Currently, biased police reporting of motorcycle crashes such as this only serve to demonise riders in the eyes of the public.
How can we expect other motorists to look out for riders or be concerned about our vulnerability if they think we are careless or have a death wish?
Police in NSW and Queensland are investigating two crashes in which riders died early last night (20 August 2019).
In one incident, police say a motorcycle was travelling eastbound along the Warrego Highway three kilometres from Minden about 6.30pm when the rider “has attempted to overtake two trucks and has lost control”.
“As a result, the motorcyclist has collided with one of the trucks and was pronounced deceased at the scene,” police say.
If you have information for police, contact Policelink on 131 444 or provide information using the online form 24hrs per day.
You can report information about crime anonymously to Crime Stoppers, a registered charity and community volunteer organisation, by calling 1800 333 000 or via crimestoppersqld.com.au 24hrs per day.
Rider dies in Tweed Heads crash
Just across the border, an 18-year-old male rider died when his moped collided wth a Holden Colorado about 6pm in the southbound lanes on Ducat Street.
The teenager was knocked off the moped and was struck by a northbound Toyota Prado.
He died at the scene.
Officers from Tweed/Byron Police District attended and established a crime scene.
The 42-year-old male driver of the Holden, and the 46-year-old female driver of the Toyota were uninjured.
They were taken to Tweed Heads Hospital for mandatory blood and urine tests.
The road was closed for about five hours while the scene was examined.
Inquiries continue and a report will be prepared for the Coroner.
Anyone with information about this incident is urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au. Information is treated in strict confidence. The public is reminded not to report crime via NSW Police social media pages.
Our sincere condolences to the riders’ friends and families.
Now, Chris has offered the following tips on what to do when pulled over specifically by NSW police for speeding, although the lessons are generally applicable around the world.
Chris Kalpage on his Ducati
Recorded
If you are pulled over by a NSW highway patrol vehicle, the conversation is being recorded on both audio and video.
Even if it is not a highway patrol vehicle, the officer will make notes on your responses.
Often people are nervous and say things. It is sometimes safer not to make any admissions, especially if you do not have all the facts.
Even then, be wary of making admissions as they may seriously compromise your potential defence.
For example, where exactly do they say they observed you speeding and how did they assess your speed?
It can be the case that where you were alleged to be speeding is not where you have been pulled over by police. You may not have been speeding at the point they say you were.
In one case I defended, the in-car video clearly showed the bike passed the unmarked police car travelling in the opposite direction some 15km from where the rider was eventually pulled up. The rider obviously had no idea what the officer was talking about.
Identity crisis
If a police officer comes knocking on your door accusing you of failing to stop, there are clearly issues about the potential identity of the rider, etc.
In another situation on the Wisemans Ferry, a Ducati 748R rider went past a police four-wheel-drive and they accused my client some days later.
We successfully defended the case over the accuracy of the police recording of the bike rego number and whether it was his bike at the scene.
You generally don’t know all the facts on the side of the road so why step on a potential landmine?
Assessing speed
LIDAR radar speed gun
Generally there are four methods police use to assess speed, excluding fixed and mobile speed cameras. They are listed here in descending order of accuracy:
The Lidar, which is a gun-like object which projects a laser beam and is aimed by the officer at an alleged specific target;
The in-car radar which is a radar attached to the police car and uses a Doppler beam;
Check speed which is a police officer following you and assessing your speed by using the car’s digital speedometer. It essentially shows their speed which may not be yours; and
Police officer’s estimate, which has no objective measurement of speed.
Often the police will use one of the first three methods, combined with their estimate.
Things to consider on the roadside
If you have the presence of mind, ask the officer where specifically you are alleged to have been speeding and how they assessed your speed.
It is beneficial for you to take photographs of where the incident is meant to have taken place. If you have the capacity on your GPS or phone, record the exact longitude and latitude.
On country roads it may be difficult to pinpoint the exact location weeks later when you decide you want to challenge the allegation.
If the police officer was stationary when they alleged they observed you speeding, try to observe from that vantage point.
That will provide you with the officer’s visibility of your approaching vehicle and their maximum sighting distance.
Again, take photographs from that vantage point. Take notice of anything that may have obstructed the officer’s vision in tracking your vehicle.
Try to assess the distance you travelled from when the officer first observed you to when they started their test. This distance will depend on your alleged speed. Consider the following:
What is the maximum sighting distance the officer had from where they were standing or where their vehicle was parked;
From the maximum distance, how far had you travelled when the officer finished their test? Often we roughly work that out from when they step out on to the road or when they turn their lights on if facing you or if you get shown the reading on the Lidar; and
If they are mobile, we use either when they turn their lights on as they are approaching or, at the worst, the “crossover point”. That is the point at which they go past you and are no longer getting a reading from your vehicle.
Disclaimer
Chris Kalpage
This article is for your information and interest only. It is based on New South Wales law only. It is not intended to be comprehensive, and does not constitute and must not be relied on as legal advice. Please be aware that every case is different and the matters raised may not be of specific relevance to your situation but may have a general application. Seek specific advice tailored to your circumstances.
A 50-year-old male riders has died after his motorcycle hit a roadside traffic sign in rural Nowra, on the NSW south coast.
Police say that just before 3pm yesterday (14 August 2019) “a motorcycle travelling south on Parma Road at Yerriyong was approaching a bend, when it hit a traffic sign pole”.
The rider was unable to be revived and died at the scene.
A crime scene was established by South Coast Police District officers who are “conducting inquiries into the circumstances surrounding the crash”.
Anyone with information about this incident is urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au. Information is treated in strict confidence. The public is reminded not to report crime via NSW Police social media pages.
Our condolences to the rider’s family and friends.
Traffic sign hazards
Two Austroads reports in 2014 and 2016 identified there were too many changes in speed zones and too much roadside “furniture” causing a particular hazard to riders.
Despite these reports, wire rope barriers, speed signs and other hazards have proliferated on our roadsides.
While the 2016 report said the road environment accounted for only 2% of motorcycle road deaths in single-vehicle crashes between 1999 and 2003, “certain road elements have the potential to contribute to the actual outcome and severity of the crash”.
It said the first step was to identify roads that pose the highest crash risk to motorcyclists, then perform safety audits.
The report recommended a raft of motorcycle-specific road modifications including:
install flexible but durable materials or shields underneath barriers (no mention of wire rope barriers!);
install attenuators or energy dissipaters on posts and poles;
relocate trees, poles, signs and other roadside objects;
recommended maximums for potholes, ruts and cracks before repair is vital;
rapid road repair including quick removal of oil, diesel and other spills;
A second NSW rider has died today (3 August 2019) in what police describe as a single-vehicle accident and later been found by passing motorists.
NSW Police say a 25-year-old man has died in a “single-vehicle motorcycle crash” in the state’s southern highlands overnight.
“About 4.50am, a motorist travelling along Golden Vale Road, Sutton Forest, contacted emergency services when they drove upon a motorcycle crashed on the side of the road,” police say.
Officers from The Hume Police District, along with NSW Ambulance paramedics, attended and found the rider, a 25-year-old man, deceased at the scene. He is yet to be formally identified.
Reports on both incidents will be prepared for the Coroner.
Anyone with information about either of these incidents is urged to contact Crime Stoppers online or phone 1800 333 000. Information is treated in confidence. Do not to report crime via NSW Police social media pages.
Police reports
Police media releases and statements that claim these as single-vehicle accidents before any investigation is concluded raise the spectre that the riders were at fault.
Such assertions should not be made until investigations are completed. Other vehicles, cyclists, pedestrians or a stray animal could have caused the crashes.
Claiming that such incidents are single-vehicle crashes can confirm in the minds of the public that riders have a death wish and do not deserve their respect and consideration.
These are dangerous assertions that jeopardise the safety of all riders.
Crash stats
In fact, the statistics show that more motorcycle fatalities are in multi-vehicle crashes.
“I think there is a view that riders are more likely to be at fault in accidents involving motorcycles and that speed is the common factor,” Steve says.
“We see this in single-vehicle accidents involving a motorcycle, where the rider is automatically deemed to be at fault.
“This ignores factors such as road condition, line markings, recent roadworks, lack of signage.”
NSW Police have discovered the body of a young male rider who crashed in Dubbo overnight.
Police say officers from Orana Mid-Western Police District were travelling along Cobbora Road near
Myall Street, Dubbo (Image: Google Maps)
, about 5am today (3 August 2019) when they found the crashed motorcycle and rider.
They believe the motorcycle “left the road and crashed into a fence”.
The man, believed to be a 24-year-old, died at the scene. He is yet to be formally identified.
Our sincere condolences to the rider’s family and friends who have not yet been contacted.
A crime scene has been established and an investigation into the circumstances surrounding the crash has commenced.
A Coroner’s report will be prepared.
The Golden Highway between Myall Street and White Street currently remains closed. Please check www.livetraffic.com before travelling.
Anyone with information about this incident is urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au. Information is treated in strict confidence. The public is reminded not to report crime via NSW Police social media pages.
Crash stats
It would be wrong to assume this is a single-vehicle accident. Since it occurred in suburban Dubbo, it could have involved another vehicle or a stray pet.
Statistics show that more motorcycle fatalities are in multi-vehicle crashes. And in half of those the rider was not at fault.
“I think there is a view that riders are more likely to be at fault in accidents involving motorcycles and that speed is the common factor,” Steve says.
“We see this in single-vehicle accidents involving a motorcycle, where the rider is automatically deemed to be at fault.
“This ignores factors such as road condition, line markings, recent roadworks, lack of signage.”
Any claims that such incidents are single-vehicle crashes can confirm in the minds of the public that riders have a death wish and do not deserve their respect and consideration.
These are dangerous assertions that jeopardise the safety of all riders.
