Tag Archives: nsw police

Riders charged over third-party GoPro evidence

NSW Police are charging riders with traffic offences based on GoPro video evidence obtained from other riders, says Sydney lawyer and Ducati 1098S rider Chris Kalpage.

There have been many incidents of riders being charged after self-incriminating evidence was found on their GoPro footage, mobile phone data, GPS and even bike data loggers.

However, Chris says he knows of at least two occasions where NSW Highway Patrol have sifted through the GoPro video of riders to find offences by other riders they may have been following.

He says these riders have been fined for speeding, crossing unbroken and double lines, wheelies, etc.

GoPro evidenceShoei helmet with a GoPro action camera mounted

“I have had matters where a person may spend the day riding with their GoPro videoing their heroics coming up behind other riders who unknowingly may be transgressing,” says Chris, 61, who has been riding since he was 15.

“The rider with the GoPro is spotted at the end of the day by police and pulled over for some transgression that the officer has seen and confiscate their GoPro.

“Subsequently they play the video back at the station and then pay visits to anybody they see on the video.

“The police will then attend the premises of the registered owners of the bikes that they have seen on the videos and place a notice of demand asking that they identify who the rider was at the relevant time.”

Police rights

Chris says police may be within their legal rights to confiscate your GoPro or any other device if “certain prerequisites exist”.

In some places, such as America, police may first have to obtain a search warrant. In Australia, they don’t, so long as the search is lawful.

If police conduct a lawful search, they can seize your camera, SD card, phone, GPS or bike data.

A lawful search is where you give police permission to search you or when the officer has a “reasonable suspicion” that you could have an item containing evidence of an offence.

A crash is a situation where police might exercise their right to collect relevant evidence from victims, offenders and bystanders.

Riders’ rights

GoPro Chris Kalpage evidence
Chris on his Ducati

Chris says NSW Police are going to the home of the registered owners of bikes they have seen on video and formally demanding they identify the rider at the relevant time.

Of course, he advises riders approached by police to identify themselves to first contact their lawyer.

“They often wont show you the video and you will have to take it on faith that you were the relevant bike that was seen on someone’s GoPro footage,” he says.

“In the absence of your election the police have no evidence as to who the rider may have been.”

Chris says it could be difficult for police to substantiate a speeding offence based on the video of a following rider.

“It may be that the speedo of the GoPro rider’s bike can be seen but then it would amount to whether the rider is speeding to catch up with the bike in front or is keeping a consistent distance, and visual over a reasonable period of time,” he says.

“Similarly how do we know whether the GoPro rider’s speedo is accurate? After all, many of us change the sprockets of our bikes which can affect the speedo accuracy.”

He advises that there are many factors in video GoPro evidence that may be challenged, including the legality of the seizure of the evidence.

Click here for our advice to riders about confiscation of a device which may have incriminating evidence.

If you have any questions about this topic or other traffic-related matter, you can ask Chris by leaving your question in the comments section below.

Source: MotorbikeWriter.com

Crashed rider found lying on a bridge

A 52-year-old motorcyclist has died after a passing motorist found him lying near his crashed bike on the Nottingham Road Bridge yesterday afternoon (3.25pm 24 April 2019).

NSW Police say it is unknown how long the man had been lying on the road.

He was attended at the scene near Wee Jasper, NSW, by Ambulance Paramedics but sadly died a short time later.

Our condolences to his family and friends.

Police are investigating and have asked anyone with information or dash cam footage to contact Crime Stoppers or phone 1800 333 000.

Information is treated in strict confidence. The public is reminded not to report crime via NSW Police social media pages.

A report will be prepared for the Coroner.

Police reports

Unlike Queensland police who report these as single-vehicle accidents, the NSW Police media release made no mention of a likely cause except that he had obviously “come off his bike”.

Police media releases and statements that claim these as single-vehicle accidents before any investigation is concluded raises 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.

In this rural incident, stray livestock or a kangaroo could be at fault. The Wee Jasper area can be plagued with kangaroos.

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.

And in half of those the rider was not at fault.

Last month, Motorcycle Council of NSW chairman Steve Pearce said he feared police assumed crashes riders were guilty until proven innocent.

“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.”

Source: MotorbikeWriter.com

Driver committed over motorcycle hit-run

A Sydney woman has been committed to stand trial after driving her car on the wrong side of the road and crashing into a motorcycle, injuring the rider and his pillion.

Molly Cahill, 22, of Sans Souci appeared in Sutherland Local Court today. She was committed to stand trial on June 18 on two charges of dangerous driving occasioning grievous bodily harm, negligent driving occasioning grievous bodily harm, failing to stop and render assistance after impact and not keeping left of a dividing line.

The crash scene (All images: Channel 7 Sydney) committed committed
The crash scene (All images: Channel 7 Sydney)

Her bail conditions of a strict curfew, passport confiscation and daily reports to police were continued.

The injured rider is Tony Nissirios, 38, and his injured pillion is his female partner Sam, 26. They were transported to St George Hospital.

Tony suffered multiple leg fractures and Sam had a broken wrist. Their current conditions are not confirmed at this stage but it was feared Tony would need his leg amputated.The crash scene (All images: Channel 7 Sydney) committed

Committed driver bailed

Police will allege Cahill was driving a Peugeot hatchback on the wrong side of Forest Road in Peakhurst about 1.20am (Monday 8 April 2019) when she hit the motorcycle head-on.

The rider and pillion were thrown from the bike and suffered multiple fractures.

Police will allege the driver left the scene, dumped her car nearby and texted “I think I’ve hit someone”.

She was later arrested at her Sans Souci home and taken to Kogarah Police Station. She was granted bail the following day in Sutherland Local Court.

The crash scene (All images: Channel 7 Sydney) committedSpate of hit-run incidents

The incident follows a worrying spate of hit-and-run crashes leaving motorcyclists injured and dead.

Concern over motorbike hit-run crashes collision injured
A recent hit-run crash in Melbourne

In NSW, the requirement for those involved in a crash to remain at the scene until police arrive was dropped in 2014, even if a tow truck is required.

However, the motorists must report the incident to police and remain at the scene if anyone is injured.

If they don’t, police can charge a motorist with failing to stop at the scene of an accident which is considered a serious offence.

Depending on whether someone is injured or killed in the crash, the motorist responsible could face serious charges with up to 10 years in jail.

Police say motorists leaving an accident scene where someone is injured decrease a victim’s chance of survival.

Source: MotorbikeWriter.com

Police drop charge against rider

Police prosecution have dropped charges against an army veteran rider who claimed he was assaulted by police at a March 2018 charity ride.

Michael “Magic” Parr faced a charge of not obeying the direction of police for this incident caught on video.

It occurred at Woodenbong on March 3 on the 26th annual Good as Gold ride.

The video shows Magic Parr being confronted by Senior Constable Murphy of the NSW Police Strike Force Raptor.

The hearing was scheduled for April 2019 in Kyogle Local Court, but police prosecution contacted him to say they would not proceed. No reasons have been given.

At the time, Magic made a formal complaint to police of alleged unlawful assault when the officer shoved him.

However, NSW Police Force Professional Standards Unit rejected the complaint, saying the officer’s shove was a “single approved check drill in accordance with his training”.

Click here to read the full reply.

Police Harassment charity ride profiling charge

“Police policing their own is an endemic problem,” Magic says.

“There needs to be an external body to handle complaints about police.

“People are being abused and give up making complaints because they know it will not go anywhere.

“Now police feel they can do anything they like.”

Magic says had been looking forward to his day in court.

Handlebar defect

Magic also successfully fought a handlebar defect notice issued at the charity ride.

“The judge found in my favour and was critical of police methods for measuring handlebar heights,” Magic says.

“The judge said their methods were inherently inaccurate as it needs to be done under strict guidelines to ensure the measurements are accurate.”

When Magic arrived at Kyogle Court last year, he was immediately approached by Murphy who asked to see his licence.

“He also checked my bike again,” Magic says.

Veteran assault charge
Magic on his Harley

Murphy appeared in court as a support witness to the officer who issued all the defect notices on the day.

“So anyone who had bar height infringements, especially if close to the allowed range, are probably inaccurate and wrong and they should fight them.

“However, most people can’t afford the time off work to go to court and just pay the fine and move on.

Police Harassment charity ride charges charge
The ride was roadblocked

“The whole purpose of Strikeforce Chapel on the day was to stop the ride by whatever means.

“I believe the (measurement) error was deliberate.”

Source: MotorbikeWriter.com

Police action in 2 states over rider deaths

Police in NSW and Victoria have launched special operations in response to a rapid escalation in rider deaths so far this year.

The NSW action comes after the deaths of three riders in as many days.

Meanwhile, Victorian Police Operation Kinetic will add 300 shifts over the next 10 weeks to increase patrols of the state’s roads follows a doubling of motorcycle fatalities this year.

Victorian Motorcycle Council chairman Peter Baulch says the extra patrols were to be expected given the high rider toll.

NSW deaths

The three NSW deaths over the weekend were:

  • Just after 4.30pm on Sunday (24 March 2019), emergency services were called to the Great Western Highway at Meadow Flat, following reports a motorcyclist had come off his bike. Officers from Chifley Police District attended and found the 59-year-old man had died at the scene.
  • About 8.30am on Saturday, a motorcycle and a utility collided on Putty Road, Howells Valley, about 50km south of Singleton. The motorcycle rider, a 44-year-old man, sustained serious injuries and was flown to John Hunter Hospital, where he later died. The driver of the utility, a 58-year-old man, was uninjured. He was taken to Singleton Hospital for mandatory blood and urine tests.
  • Just before 7.30pm on Friday, emergency services were called to the New England Highway near Whittingham, after a motorcycle and two cars collided. Officers from Hunter Valley Police District rendered assistance. The 50-year-old rider died at the scene.

Our condolences to their families and friends.

Steve Pearce Motorcycle Council of NSW treasurer texting distracted sentence siege rider deaths
Steve Pearce in action

Motorcycle Council of NSW chairman Steve Pearce says he is “always saddened” to hear of rider deaths.

“I think we all consider the effect on families and friends, and also the emergency services who have to attend the accident scene,” he says.

“A day out enjoying an activity which gives us so much joy can quickly change for the worse.”

Dangerous riding

NSW Police say they prosecuted several riders over the weekend for traffic dangerous offences:

  • About 12:20pm on Sunday, Highway Patrol motorcycle officers observed a motorcycle travelling towards them on the incorrect side of the road, while overtaking another vehicle across double yellow lines. The rider was issued an infringement notice for ‘not keep left of the dividing line’, fined $337, and lost three points.
  • About 3.35pm on Sunday, Hunter Valley Highway Patrol were carrying out “stationary speed enforcement” on the New England Highway at Lower Belford when they detected a motorcycle travelling at 169km/h in a 100km/h zone. Police activated lights and sirens and directed the rider to stop. A 25-year-old Dubbo man has been issued a traffic infringement notice for speeding by more than 45km/h and his licence was suspended.
  • About 11:20am on Saturday, at Carrathool, officers detected a rider at 160km/h in a 110km/h zone while overtaking another vehicle. The 19-year-old provisional licence-holder was arrested for  a blood/urine analysis and issued an infringement notice for exceeding the speed limit over 45km/h. He was fined $2345, his licence was suspended for six months and his registration for three months.

    Rider deaths
    Rider stopped by NSW Police for speeding

Vulnerable riders

NSW Assistant Commissioner Michael Corboy of the state’s Traffic & Highway Patrol Command said there had been 18 rider deaths so far this year. That’s six more than at the same time last year.

“Drivers and riders alike need to make sure that they are doing the right thing and sharing our roads safely,” he says.

“Highway Patrol officers will continue out in force to prevent further harm to NSW road users; however, we need the help of the public to stem the current rise in fatalities.”

Steve provided these statistics that show motorcyclists are vulnerable road users:

  • 17% of motorcycle fatalities involve alcohol levels over the legal limit;
  • Excessive speed is attributed to 54% of motorcycle fatalities; and
  • 8% of motorcycle fatalities involve fatigue.

He says the highest number of motorcycle fatalities are in the age group under 30 while fatalities in the 50-59 age group tripled over the past 10 years. Males are the majority of fatalities (96%) and 17% of motorcyclists killed do not hold a valid Licence. 

“These statistics don’t mean we should stay home,” Steve says.

“We just need to understand the risks we face as motorcyclists, and apply some basic risk strategies before we ride out.”

NSW Motorcycle Council rider advice 

Ride to conditions: More than any other road user, motorcyclists are vulnerable to road conditions. If it doesn’t feel safe to continue, then stop and wait until conditions improve. You are the best judge. Toughing it out generally is an indicator of subjecting yourself to additional risk. 

Risk assessment: The best road riders are risk managers. Take your own risk assessment before you go out for a ride. How much experience have I had with the type of riding I am about to start? Am I totally comfortable on the motorcycle I am riding? How fit am I? is the motorcycle well serviced and ready to go? If you have any doubts about your ability, readiness or fitness, its probably a good idea to stay home and polish the beast! There will be plenty of other opportunities to ride.

Training and experience: There are plenty of rider training schools offering skills development and refresher courses. If you can’t get to a course, spend some time on the Rider Risk video series on YouTube for riding and survival tips.

Rest every couple of hours: Plan your ride. On your way there will be some great places to stop and rest, and enjoy the local hospitality and scenery. Taking a regular break will keep you fresh and alert.

Don’t drink and ride: This is one of the easiest strategies we can implement to survive.

Speeding: It’s not the speed that is the problem, it’s what happens when a speeding rider has to cope with either changing road conditions or the random act of another motorist. Trees, guardrails, other moving objects, slippery road markings, gravel and potholes are not your friends when you come off a speeding motorcycle. Leave it for the racetrack.

Wear the best gear available: Research indicates that wearing the best protective gear available leads to a much better chance of survival. Why? Comfort and protection. If in doubt, refer to the testing results on the MotoCAP website and the MCCNSW Helmet videos.

https://www.motocap.com.au/

http://www.mccofnsw.org.au/a/402.html

Source: MotorbikeWriter.com

Woman charged over bike cop crash

A 70-year-old female driver has been charged over hitting a NSW police motorcyclist who had stopped to pull over another car.

The crash occurred despite a new rule requiring motorists to slow to 40km/h when passing stationary or slow-moving emergency vehicles.

However, instead of charging the woman under the new rule, she was charged with negligent driving occasioning grievous bodily harm injury – first offence – and will appear in Macksville Local Court on 23 May 2019.

A police media spokesperson says the driver was charged with “the most appropriate offence as a result of the investigation”.

“Suffice to say the offence she has been charged with is much more serious than the (new rule) which is generally just a ticket.

The offence of not slowing to 40km/h attracts a fine of $448 and three demerit points.

The incident occurred at Warrell Creek near Nambucca Heads, NSW, on December 30 2018 when the officer pulled over a car and was hit by another car.Cop injured under new speed rule crash police emergency 40km/h charged

Only a matter of time

Motorcycle Council of NSW Chairman Steve Pearce had told us when the new rule came in that it was “just a matter of time until a serious incident occurs as a result of this rule”.

“The fact is our motorways were never constructed with emergency management considered adequately,” he says.

“Asking drivers to reduce speed from 110km/h to 40km/h without adequate warning is just a recipe for a disaster.

“In my view, the NSW Government have opened themselves to a possible damages action. A driver/rider should expect to be given adequate warning to reduce speed from 110km to 40km. The legislation as it stands does not allow for any adequate or reasonable warning structure whatsoever.”

NSW Minister for Roads, Maritime and Freight Melinda Pavey says the new rule which matches rules in Victoria and Western Australia is under a 12-month review.

Victoria and Western Australia have the same rule while in South Australia traffic has to slow to 25km/h speed.

However, the Queensland Government has rejected Police Union calls for a similar road rule and the RACV says it could be difficult for motorists to see flashing emergency vehicles’ lights over a hill and have enough time to slow down to 40km/h.Cop injured under new speed rule crash police emergency 40km/h charged

The major concern with the rule is that vulnerable motorcyclists, such as the NSW police officer, are at risk.

In fact, the person the rule was meant to protect appears to be a victim in this incident.

NSW Police say the 48-year-old officer suffered a broken right leg.

Tips on emergency ruleRoad safety crash accident motorcycle scam emergency reduce injured charged

If riders see the flashing lights of an emergency vehicle, there are several things they can do to avoid a rear-ender.

  • Look at traffic behind you to assess the danger;
  • Indicate and change lanes away from the emergency vehicle, if there is a vacant lane to move into;
  • If not, switch on the hazard lights;
  • Brake as smoothly as possible, perhaps activating the brake light on and off to attract the attention of following traffic; and
  • Search for an escape route, possibly between lanes or on the road edge.

Confusing rule

The rule is confusing for motorists travelling interstate during holidays because of the disparities in the rule and the fact that some states do not have the rule at all.

Emergency vehicles are defined as police cars, fire engines and ambulances displaying red and blue flashing lights and/or sounding their siren.

In Victoria it includes all “escort vehicles”. In SA SES vehicles are included and in WA it extends to all emergency vehicles, including tow trucks, RAC roadside assistance patrol vehicles, and Main Roads Incident Response Vehicles removing road debris and broken-down vehicles.

The rule does not apply if the emergency vehicle is on the other side of the road where there is a median strip.

Fines also vary

In South Australia, you can cop a maximum fine up to $1007 and some motorists have been disqualified for six months.

Victoria’s fine is $272.05, but there is a maximum court penalty of $777.30 if you unsuccessfully challenge the fine. 

In NSW, the fine is $448 and three demerit points while in WA it is $300 and three points.

The new road rule is being trialled in NSW until August 31, 2019, before all authorities concerned decide whether to make the law permanent.

Source: MotorbikeWriter.com