Tag Archives: Tips/training

Roadkill Reporter app may save riders

Riders are being urged to use a mobile phone Roadkill Reporter app to record roadkill in an effort to identify hotspots and help save lives.

The latest Austroads Guide to Road Safety Part 5: Road Safety for Rural and Remote Areas found that motorcycles are significantly over-represented in crashes with animals.

It cited Australian insurance data that found more than 80% of animal crashes involved kangaroos. Other common animal strike crashes involved wombats, dogs, cats, and cattle.Riders are being urged to use a mobile phone app to record roadkill in an effort to identify hotspots and help save lives. Roadkill Reporter app

“The majority of animal/vehicle collisions in Australia occur on regional and remote roads and most often take place around dawn and dusk or during the darker hours,” it found.

However, Austroads also noted an underreporting of animal-related crashes.

Roadkill Reporter app

Roadkill Reporter appTo help identify hotspots for roadkill crashes, all Australians are this month asked to download the free Roadkill Reporter app for Android and Apple iOS which was developed by wildlife scientist Bruce Englefield.

The app allows users to take a photo which is GPS and time stamped that is then logged online with authorities.

Data is then used to “mitigate” roadkill crashes in hotspot areas with remedies such as over- and under-road crossings for animals, signage, fences.

A 2016 study by Californian non-profit science and medicine research communication hub, PLOS, found that fences were the most effective measure, reducing roadkill by 54%.

Misreported crashesRoo kangaroo roadkill animals hazards

Independent Riders Group spokesman Damien Codognotto says animal-strike crashes can often be mis-reported as single-vehicle crashes.

“No carcass, blame the rider. Tick ‘lost control of the bike’,” he says.

“Riders hit, or are hit by, animals on Australian roads; the rider goes down; the animal goes into the bush to die.

“VicPol turns up quarter of an hour later and an officer, probably with no scientific training, gets out an electronic device and ticks digital boxes.

“VicPol, do not record roadkill in the crash reports of far too many collisions.

“VicRoads concludes motorcycles are dangerous and roadkill is not a major hazard.

“Victoria’s crash stats are unreliable and often misleading. Then VicRoads multiplies the hazard by fencing run-off areas with kilometre after kilometre of roadside barriers that keep frightened wildlife on the tar.”

Cow livestock roadkill crash horses horn
Cows also have right of way in Queensland!

He urged all riders around the nation to download the app and start recording areas with roadkill and known crash sites.

Animal strikes are a very serious threat to all road users, especially motorcycle and scooter riders,” he says.

“It is also a horrible thing to lose so much of our wildlife each year.”

Source: MotorbikeWriter.com

Life on the Open Road Doesn’t Mean Leaving Your Life Behind

(Sponsored post on life on the open road)

If you haven’t taken some time out from life to explore the vast expanse of our world, you’re missing out. There’s something extraordinary about packing up some essential belongings, jumping on your bike and cruising off into the sunset.

OK, that’s slightly too romantic a setting, but can you see how relaxing an adventure on the open road can be? Sure, switching off and taking a digital detox can be incredibly relaxing.

But, you can still balance having a relaxing trip with staying in touch with the world. Since we’re all so connected thanks to the smartphone surge, connecting with our loved ones is only seconds away through the likes of Facetime, Skype, WhatsApp and the addictive social media channels.

Hell, there’s also new betting sites you can try while you’re on the move if betting is your thing. With mobile networks and WiFi hotspots stronger than ever, placing bets and watching live streams online is much easier now.

The fact is, apart from the rigmarole of daily life pressures, you can explore the likes of Mary River Valley without feeling stressed about putting life on hold.

How? That’s for us to know, and for you to find…

No, we’re kinder than that!

Work Flexibly

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We understand that not everyone can be mobile when they’re working. However, with such a massive shift in employers’ recognising that staff want more flexibility in working hours and work locations, how much is there to stop you from working on the road?

Imagine a world where you can cruise around on your bike, stopping off in a coffee shop to attend a conference call and catch up with the team while supping on your favourite bean-brew of choice. It’s possible, it really is.

How? Well, people are already doing it, so follow them!

Bloggers Are Leading the Way

Freelancing and blogging sit in their isolated niche away from the office and factory-binding jobs that make you feel like you can’t ever break free. Even if you can’t take your work away on your bike, perhaps you can extend your work so you can entice your employer to be more flexible.

What if they let you have some time out over and above authorised leave for a trip on your bike, in exchange for you to blog about your employer?

Or, in exchange for snapping some photos of your travel, the company can do a spotlight on their employees and what they get up to in their spare time?

This is just one example of how breaking the status quo can lead to a life more open and explored.

Stagnancy is the route of all Evil

You know that feeling of doing the same thing day in, day out? It’s awful, isn’t it? If McGregor and Boorman can inspire millions, why can’t you? If you want to make a drastic change, it’s up to nobody but you.

The thing is, you don’t even need to do it alone. If your spouse, ankle-biters or mates fancy a trip with you, memories could be created for life for all involved, not just you. That way, you won’t feel like you’re being selfish for packing your saddles and riding off.

Just because you’re on “holiday,” it doesn’t mean that you step out of one life and into another.

Take your iPads, smartwatches and phones. Crikey, even take your portable games console if you want to.

Plan way in advance and tell people what your intentions are. That way, there’s no surprise factor when it comes close to your trip.

There are very few things that you can’t get while on two wheels. The exception to this, of course, is if you head out into the true wilderness. Even so, with a boost to 4G coverage in the outback, you still might not be as isolated as you once thought.

What Are You Waiting For?

For some, it’s not so simple to pack up and ride away. Life commitments get in the way, and it’s not good to sack off your mates for a better option. But, if your boss says it’s no dramas to take some holiday at short notice, and it’s a feasible option otherwise, what’s stopping you?

We know, it’s you! We wild humans tend to find a reason to NOT do something instead of going wild and just doing it.

Even if you’re looking to grab your first motorbike or need an upgrade, start to look for a new one before you get the opportunity to go away. That way, you remove the barriers before they begin to imprint in your life and stop you from channelling the open road.

Make a plan, and it’ll become more of a reality than a dream.

Source: MotorbikeWriter.com

Legal defences to a speeding fine

If you have been fined for speeding based on a police officer’s estimate or “check speed”, there may be several defences, says NSW traffic and criminal law specialist Chris Kalpage.

The Ducati-riding solicitor has previously provided our readers with tips on what to do when pulled over by police which expanded on our article “tips on what to do if pulled over by the police” and even these tips from the police.

Chris Kalpage evidence pulled Legal defences to a speeding fine
Chris on his Ducati at the track

Now, Chris follows up with information a lawyer seeks when defending a rider on a speeding fine based on an estimate:

Collecting information

As I stated in my previous article, photographs of where the incident occurred are a great help as it provides information about what may have obstructed the proper tracking of the vehicle.

Distances will also enable the calculation as to the distance over time and therefore the potential speed.

We usually attend the police station to see the police in-car video (ICV). That video will show in many cases what the officer could see and what you may have said when pulled over.

In a hearing, the officer may produce a transcript of what you said which is another reason to be wary of saying anything.

If it is an in-car radar breach, it provides us invaluable information of what speeds were registering, the time between observation of the vehicle and locking the speed, and any other matters that could potentially affect the Doppler beam or the reading on the radar, in addition to the patrol speed of the police vehicle. 

Check speed

A “check speed” fine is based on the speed the police vehicle was travelling.

In this case, examining the ICV will show whether the officer had the ability to maintain a consistent distance and speed to provide an accurate reading.

In many of these cases I have observed the highway patrol (HWP) vehicle being baulked by slower vehicles that the smaller, lighter and more nimble motorcycle has been able to get around unaware they are being followed.

When the HWP vehicle gets around the obstruction, seconds have gone past and the police have to accelerate hard to catch up.

In the heat of catching up, it has, on occasion, been that the speed alleged is the speed of the HWP vehicle and not that of the bike.

Similarly, if the HWP vehicle is parked on the side of the road and the officer has to accelerate in pursuit, there is often a degree of hard acceleration involved.

The ICV may also show whether the officer was able to view the bike consistently during the test or lost sight of the vehicle, which would put the check speed or estimate in question.

Example case

lLegal defences to a speeding fine
A rider on the Old Pac (Image: YouTube)

I ran a case on the Old Pacific Highway where the officer passes the bike and the radar showed the bike was travelling at the speed limit of 80km/h, as shown in the ICV.

The bike pulls into Pie in the Sky cafe and a number of minutes later the HWP vehicle pulls in. The officer gets out and starts yelling at the rider and charges him with speed over 45.

When I examined the ICV it showed the bike had travelled past the HWP vehicle at 80km/h but more importantly the police vehicle had done a u-turn and did not see the offending motorcycle until it was pulling up.

So how was an estimate or check speed of more than 45km/h made in the absence of seeing the vehicle?

More importantly, why had the HWP been unable to catch up to the bike, which was the other issue, relied on by police seeing the PV had been hitting speeds of 140-150km/h.

On closer examination of the video it was seen that the HWP vehicle was held up when doing its u-turn by several cars pulling out of Brooklyn, including a learner driver who held up the police by a considerable amount of time.

As many riders are aware, if you give someone a 15-second rolling start at the track, it takes a long time and a lot of speed to catch up. We obtained scientific calculations relating to this, which established that the bike could not have been travelling at the speed alleged. Our client was successful at the hearing.

Chris Kalpage defences
Chris Kalpage sets up for a track session

Officer’s estimate

A police officer’s estimate is the least reliable assessment of speed.

Observing the ICV may give us information as to time and distance that the officer had to make their assessment.

I ran a case where two bikes crested a hill on the Putty Rd at the same time as a police vehicle travelling in the opposite direction. The officer saw the bikes and locked on to their speed within a second.

They did not allow for three seconds of observation and testing with the radar, nor did they allow for multiple vehicles in the beam.

When that was challenged, the officer relied on his estimate which was dubious because of the short observation time as the bikes went past.

At the hearing, the officer conceded a lesser speed and our client retained his licence.

The longer the observation, the greater the accuracy of the estimate.

If an officer is coming around the corner as you are tipping in going in the opposite direction we have to challenge the speed estimate over the length of observation time.

Often it is based on a momentary snapshot and preconceived ideas based on the rider’s posture on the bike, noise, etc, not hard facts. Therefore, it is subject to challenge.

Technology

Potentially more accurate forms of speed assessment such as lidar and radar needs more careful analysis which will be covered in a future article.

Disclaimer

This article is for reader information and interest only and is based on New South Wales law. 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. You must seek specific advice tailored to your circumstances. Chris is happy to talk to anyone needing clarification. He can bet contacted on 0418 211074.

 

Source: MotorbikeWriter.com

Exhaust pipe cleaner secret formula revealed

An American inventor who has been working on a “miracle” exhaust pipe cleaner for several years has revealed his secret formula on YouTube after it was “stolen” and marketed by a rival.

Neil Stern contacted Motorbike Writer in 2015 after we published an article in which the World Patent Marketing issued a patent for his “Rid a Blue”, a quick-cleaning product designed to take the bluing out of stainless steel or chrome exhaust pipes.

It was claimed to comprise detergent oil, white diamond Polish and an “anti-oxidiser chemical”.

Neil told us he was the inventor of Rid a Blue and was working on getting it to market.

He asked if we would like to try it and we accepted.

Dodgy packExhaust pipe cleaner secret formula revealed Neil Stern

When it arrived in some dodgy looking bottles with hand-written directions and an old rag, we were immediately dubious.

It didn’t work on an old bike we had and Neil said it was probably not real chrome or stainless steel.

So he sent another dodgy package and suggested we try it on the badly oxidised pipes of our Triumph Street Scrambler.

This time the results were amazing and immediate.

With only a small application of the solution and without much rubbing it immediately removed the ugly oxidation spots.

In fact, he emphasises you have to be quick and not leave it on for long as it is “strong and fast acting”.

He said it consisted of an “activator” to shift the stain and a deactivator to stop the process. You then use a normal chrome polish such as purple to finish the job.

Neil ran in to all sorts of dramas in getting his product to market, so he gave up.

However, when he found someone selling his formula this year at the Sturgis Motorcycle Rally, he decided to reveal the secret formula in this crude video on YouTube.

Secret ingredients

It turns out the secret ingredients in the formula are one-third muriatic acid to two-thirds plain old polish.

Now, muriatic acid (HCL) is a form of hydrochloric acid which is poisonous and highly corrosive. It is also known as spirits of salt.

I can imagine most riders immediately recoiling at the prospect of putting corrosive salt-based acid anywhere near their pride and joy.

In fact, I never would have agreed to use it had he revealed his secret ingredients.

However, it does work.

Warning

Exhaust pipe cleaner secret formula revealed Neil Stern
Only a small amount is needed

Neil advises “be careful, it’s strong” and to only use a small amount.

It also has a strong odour and we recommend that if you are brave enough to try it on your pipes, make sure you do it in an open space.

We would also suggest you wear gloves even though we weren’t advised to and didn’t.

Also, be very careful not to get any on any other surfaces, especially paint!

We have not seen any adverse reaction in the pipes which have not oxidised again.

Exhaust pipe cleaner secret formula revealed Neil Stern
Still non-oxidised

“Never let the activator stay on long and hit it with a polish to deactivate and polish,” he says.

“Never do it on hot pipes, always cold.”

He says it can be used to clean all oxidation on stainless steel and chrome.

Neil says some chrome pipes are “plated under solution with no oxygen which is unstable”.

“When in the air and heated up, the molecules in the chrome fall apart and allow oxidation and bluing,” he says.

“What this cleaner does is force the particles together,” he said.

Neil no longer plans to market his cleaner and has now turned his attention to health care products.

Source: MotorbikeWriter.com

Victory in void helmet sticker fine

Police have waived a Bribie Island rider’s $400/3point infringement for having a void helmet sticker in a test case that proves riders can legally remove the external sticker.

Ian Joice, 63, says he was pulled over by police on Bowen Rd, Glass House Mountains, on 12 August 2019 at 11.38am.

He says the officer noted the external sticker had the word VOID across it from age and sun damage while the internal label was faded due to wear.

Helmet fine void sticker
Internal label

A week later he received an infringement notice in the post for “fail to wear helmet”.

So he contacted Motorbike Writer after reading our article which advised riders that is legal to remove the external sticker.

Click there to read our full article.

We contacted Queensland Police to ask why an erroneous fine was issued and how many other similar fines had been issued.

They replied:

The infringement in this matter will be withdrawn. This is an isolated incident and the officer has been given guidance regarding the matter.

Ian was greatly relieved when we passed on the news of his fine waiver.

“I have been very distressed with this situation and am greatly relieved that the notice has been withdrawn,” he says.

“I have had some black days since the notice arrived.”

Australian Motorcycle Council helmet law expert Guy Stanford says he believes police are not aware of the rules and standards that apply to helmets.

Guy Stanford - Mobile phone while riding - darrk visor helmets tinted visor youtube withdrawn void
Guy Stanford

“This is a good result from a commonsense complaint,” he says. 

“The facts were clear, the rider had been issued a fine for an offence he did not commit.

“This sort of fraud reflects badly on all police.”

Void sticker

Guy says the external sticker on a motorcycle helmet is only an indication of compliance and not a legal requirement.

In fact, the Australian Road Rules and standards do not even mention an external sticker.

They only say the helmet has to be “permanently and legibly marked”.

“So long as the mark of certification appears somewhere on the helmet that’s all you need, which means the label inside,” Guy says.

AS/NZS 1698 external stickers show VOID due to fading in the sun or if they have been removed.Helmet fine void sticker

“This is only a manufacturer’s device to recommend to riders when they should update their helmet,” Guy says.

“It has nothing to do with any legal requirement and is not mentioned in the Australian Road Rules. There is no expiry date on motorcycle helmets.”

Ian says he didn’t realise his helmet was so old and has now spent the $400 he would have spent on paying the fine to buy a new helmet.

  • We suggest you keep a copy of this article and/or our previous article to show police if you are ever threatened with a similar erroneous fine.

Source: MotorbikeWriter.com

6 Safe Ways Motorcyclists Can Share the Road with Trucks

(Share the Road sponsored post for our North American readers)

The US Motorcycle Safety Foundation states that more than half of fatal motorcycle crashes involve another vehicle. A couple of months ago, a semi-truck collided with a large group of motorcyclists in New Hampshire killing 7 of the group’s riders. In the United States, the number of vehicle and motorcycle crashes have reminded us how dangerous the road is for motorcycles, especially when it’s shared with huge commercial trucks.

Both motorcyclists and truck drivers need to practice defensive and smart driving techniques when sharing the roadways. Here are a few simple safety tips motorcycle riders can keep in mind to help prevent mistakes and accidents that end up in serious or fatal crashes. Some of these tips can apply to other drivers too.

1.Keep a Bigger Following Distance

Motorbikes are a light weight vehicle, but the stopping time is just about the same for any average-sized car. Motorcycles cannot stop on a dime. Semi-trucks are way larger and heavier, which logically makes them harder to stop. For both motorcycles and trucks, a larger distance is going to give more time to react. A four-second distance is a good rule of thumb.

2. Make Yourself Visible

Due to the small size, a motor bike may seem further than it really is a truck driver’s mirror. Motorcyclists are more prone to get lost in blind spots and blend in with the background of the environment. Riders should make themselves as visible as they can. Make yourself more visible by either wearing bright clothing or with strategic riding.

Trucks reversed image lane filtering blind spot
All the bikes in this photo are in a truck’s blind spots

3. Use Your Brakes

The Motorcycle Safety Foundation says that most motorcyclist choose to slow down by either easing off the throttle or downshifting, depending on the situation. To avoid a potential rear end accident, it’s better to slow down with your brake, thus creating an indicator for larger vehicles with less stopping time.

4. Stay Awake and Alert

Operating a motorcycle requires more attention, physical strength and cognitive focus. Before riding, always make sure you are in the best condition to operate a motor vehicle efficiently and safely. Never ride when you are feeling drowsy, tired, fatigued or ill. Never ever ride a motorcycle after having a few drinks.

The same energy demand and focus applies for commercial truck drivers. According to Chris Simon, an Atlanta injury attorney, commercial drivers must follow strict regulations regarding their time spent driving.  “Under the Federal Hours of Service Regulations, drivers are limited to 60-70 hours of duty in a period of seven or eight days.” A semi-truck driver can pose a great danger on the road if they are fatigued or exhausted from driving over the Federal limit of on duty hours.

5. Use Extra Caution at Night

Like we said before, motorcycles are difficult for other larger vehicles to see. That difficulty is practically doubled during the night time or during low light conditions. Riders should operate their bikes with extra caution in these situations. Slow down, wear visible gear, and refrain from passing as much as you can.

6. Stay Out of Truck’s “No Zones”

All motor vehicles have “blind spots”. For semi-trucks these areas are larger. Truck drivers have to rely mostly on their mirrors to check for any oncoming vehicles. Drivers also have difficulty seeing what’s within 20ft of the front. These semi-truck blind spots are known as “No-Zones”. When passing, try to pass as safely and as quickly as you can, and refrain from passing on the truck’s left side. This side has a bigger blind spot.   

Both motorcycle riders and truck drivers must practice extra caution while sharing the road. Semi-truck accidents that involve motorbikes have a high chance of ending in serious damage or death.

Source: MotorbikeWriter.com

Five Fall Motorcycle Safety Tips

(Fall Motorcycle Tips is a sponsored post for our North American readers)

Before a long winter, many motorcyclist enthusiasts are excited to break out their bikes and begin riding before adverse weather gets in the way. As more and more riders hit the road, it is important to gear up for everything the autumn riding season may present, both good and bad. Even the most experienced riders should properly prepare for fall riding as unique seasonal dangers come into fruition and threaten everyday rides.

This upcoming autumn, be prepared for the various hazards that may present themselves on your rides, whether you’re riding the beautiful backroads in nature or splitting lanes in downtown traffic. By being aware of these five threats, you can help ensure you are riding well this fall and the rest of the year.

Oil

The first rain after a dry period can lift oil, dirt, and grime to the top of the pavement, causing incredibly slick roads. Ride slower than normal to allow yourself for more reaction time and prevent an accident. Once there have been a few more rains to wash away the remaining oil, you should be ready to ride safely at your normal speed.

Wildlife

Fall can mean major movement for wildlife in your area, including young critters unfamiliar with roads and motor vehicles. “Without the added protection that cars provide, even a collision with a small animal could lead to serious injuries,” note the motorcycle accident lawyers of Begam Marks & Traulsen, P.A.

Keep a lookout for any animals that may cross the path while you ride, especially if riding in an area dense with foliage. 

Potholes

A threat to car drivers and motorcycle drivers alike, potholes are dangerous and should not be taken lightly. Potholes on the road can be covered by fallen leaves in autumn and present unseen danger.

Hitting a pothole could cause you to lose control of your bike, but swerving too abruptly or halting altogether could be just as damaging. The best thing to do is to avoid the pothole if possible, otherwise slow down when your bike is approaching.

Temperature

It may feel like fall is in the air, which means fall has most likely hit the road as well, meaning asphalt may start to drop in temperature. Cold roads mean less traction for tires, so ride slower than usual to account for the lack of tire grip. Also be sure to wear appropriate clothing while riding as temperatures may fluctuate all day, from rain or shine to windy or chilly.

Other Riders

Fall is one of the most popular seasons for motorcyclists. Many fellow riders will hit the road, which, unfortunately, causes an increase of the chance of a potential motorcycle accident. Stay alert of other riders and always keep your eyes on the road.

Being aware of these five fall dangers can help prevent a moderate or severe motorcycle accident before it happens. By staying alert, driving slower than usual, and prepping yourself, you can enjoy autumn riding safely.

Source: MotorbikeWriter.com

Do police traffic offence quotas exist?

The issue of police being directed to meet traffic offence targets or quotas are back in the news in Queensland and South Australia.

The matter generally raises the ire of motorists who say it is proof that police are revenue raisers rather than performing road safety duties.

Critics also say it leads to motorists being fined for minor speeds and diverts police patrols from catching high-range speeders.

Controversial quotas

The quota controversy has been raised after two recent events:

  • In Queensland, emails that set quotas for traffic tickets have been revealed in court by a Gold Coast cop in evidence of bullying by senior officers. Queensland police have always denied the existence of quotas but have again admitted there are “benchmark” expectations or “targets” for officers on various offences.
  • In South Australia, a senior police officer sent an email to staff offering a gift card as an incentive to issue more speeding and traffic fines. SA Police were forced to retract the email and advise that the incentive went against official policy.

Motorists may not be convinced, especially after examples of what they consider blatant revenue-raising such as our recent article about the use of covert TruCAMs on a downhill stretch of Mt Glorious Rd to nab as many speeding riders as possible.

Quota history

Offence quotas (or “benchmarks”, or “targets”) for police are not new.

In the 1970s and ‘80s, the Queensland Bjelke-Petersen government blatantly referred to them as “kill sheets” for traffic and criminal offences.

Officers were required to reach certain targets to gain promotion or face punitive measures such as a long run of “graveyard shifts”.

Rather than promoting road safety and a crackdown on crime, it led to massive police corruption, culminating in the Fitzgerald Inquiry and subsequent jailing of senior cops and politicians.

Quotas exist in various countries at varying levels of legality around the world.

For example, the UK Government ran a two-year pilot project with the Thames Valley force allowing police to claim back a proportion of speeding fines to pay for road safety projects.

Quotas are largely outlawed in democratic countries as unconstitutional.

Yet the practice often continues in a non-official capacity to evaluate the productivity of “slack and lazy officers”, as one former senior cop told us.

  • Are “targets, benchmarks, incentives, kill sheets, or productivity evaluations” just quotas by another name? Leave your comments below.

Source: MotorbikeWriter.com

Tips when pulled over for speeding

Motorists sometimes inadvertently convict themselves for speeding when they are pulled over by the police, says NSW traffic solicitor Chris Kalpage.

We have previously offered tips on what to do if pulled over by the police as well as tips from the police themselves!

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 evidence pulled
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 pulled
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:

  1. The Lidar, which is a gun-like object which projects a laser beam and is aimed by the officer at an alleged specific target;
  2. The in-car radar which is a radar attached to the police car and uses a Doppler beam;
  3. 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
  4. 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 roadsideRider pulled over by police licence checks

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:

  1. What is the maximum sighting distance the officer had from where they were standing or where their vehicle was parked;
  2. 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
  3. 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 evidence pulled
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.

Chris can be contacted via email (mailto:[email protected]or phone 0418211074.

Source: MotorbikeWriter.com

Should you leave a deposit on a motorbike?

There can be several reasons for leaving a deposit on a motorcycle.

The most common reason is to secure it from being bought by someone else while you sort out your finances.

You may also want to put a deposit on limited-edition bikes to secure one or to get a special model made at the factory to your specifications.

Also, with some new models released several long months before being available in Australia (such as the Suzuki Katana and Indian FTR 1200) distributors take deposits to secure customers while they are still enthusiastic.

However, there are deposit pitfalls for the unwary customer.

Deposit advice

Retired and honoured motorcycle industry veteran Stuart Strickland says deposits can be a  complex issue if the buyer has not negotiated a full refund around specified criteria.

“Buyers should never leave deposits without a written guarantee from the dealer on delivery date which if not met, full deposit is returned,” he says.

“Dealers can retain deposits or part thereof if they can prove they specially ordered a unit in for the customer that they normally wouldn’t stock.” 

Dealer sale

If you are buying from a dealer, you should be guaranteed of security, but read the small print of the document you sign.

There may be conditions or a processing fee involved if you change your mind, so you won’t get the full deposit back.

Suzuki Katana is a rider’s delight
Suzuki Katana

For example, Suzuki Motorcycles Australia took $1000 deposits online for the new Katana. 

If you changed your mind in the nine months from when it was unveiled to when it became available for sale last week, you only get $450 back as Suzuki charged $500 processing fees, plus 10% GST.

Suzuki Motorcycle Australia marketing manager Lewis Croft says they were the first in the world to offer the online deposit system and may do it more often as it had been a success.

Indian Motorcycle Australia also took $1000 deposits on the FTR 1200 because of the long delay between the unveiling and recent availability in Australia and New Zealand.

Spokesman Christopher Gales says they only had one customer change their mind.

“In general we always give deposits back. It doesn’t do anyone good to hold a deposit of a customer,” he says.

Indian FTR 1200 deposit
Indian FTR 1200

Private sale

If you are buying a second-hand bike through a private buyer, before pay.ing a deposit you should check the credentials of the bike with a REVS search.

It will ensure the bike has not been written off, stolen, still under finance, etc.

You should also do some checks on the seller.

We suggest visiting them at their house. Get a copy of their licence and ensure the address matches.

Also, have an independent third-party witness the written transaction and maybe also record the deal with a photo or video.

If you decide to leave a holding deposit, you can use an escrow account such as Protecti which holds the money until both sides are happy with the transaction. However, fees are involved.

Bikes advertised through major online sites usually offer sellers and customers some protection. Check the website’s conditions of sale which may include a complaints section.

Source: MotorbikeWriter.com