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Bicycle rider `an accident waiting to happen', court told

01 Apr, 2009 12:08 AM
A MAGISTRATE has dismissed a charge against a driver who hit a cyclist in Delacombe last year because it was "an accident waiting to happen".

The Ballarat Magistrates Court heard Kerri Lee Jasper, 34, could not see William Angel riding along Cherry Flat Rd, near the Glenelg Hwy, in darkness shortly before 6.45am on March 29 when she collided with him.

As a result, Mr Angel suffered a fracture in his thoracic vertebra, wore a brace for five months and was in residential care for seven months.

In a contested hearing yesterday, Mr Angel told the court the night before the accident he had attached a light to the back of his helmet, which he turned on before setting off on his usual Saturday ride.

He also said he was wearing a yellow jacket and shoe covers with reflective stripes, but there was no headlight on his bike.

The court heard Jasper told police she was driving to work when Mr Angel appeared from nowhere.

"I tried to go on the outside of the road but I hit him anyway. I didn't see him until I was right on top of him," Jasper said.

She told the court Mr Angel had no lights on his bike and he was wearing a dark coloured top with a yellow garment underneath.

Police prosecutor Sergeant Bob Anderson submitted that a headlight was not relevant because Mr Angel was hit from behind.

He said if Mr Angel was found to be wearing the yellow jacket, there would have been sufficient reflective material clearly visible by cars.

"A flashing red light was displayed on the victim as required by the road rule," Sgt Anderson said.

Defence lawyer Jon Irwin submitted that a cyclist riding in darkness required a headlight, rear light and reflectors on the bike.

After hearing six prosecution witnesses and two defence counsel witnesses, Magistrate Terry Wilson found Mr Angel failed to equip his bike with the requirements.

"If he had a (front) light it would have projected 200m in front and Ms Jasper could have picked up a bike was on the road," Mr Wilson said.

Jasper, of Smythes Creek, pleaded not guilty to careless driving.

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comments


Date: Newest first | Oldest first
This is an idiotic decision. How would a front light have been visible from behind? Surely the drive had headlights too? This careless drive could easily have killed a pedestrian. They don't have lights at all.
Posted by Freddo Frog, 24/04/2009 3:15:42 PM
This is absurd. What professional think s a front light of a bike projects 200 meters? Is a cyclist never protected by the well oiled machine?
Posted by yogi, 25/04/2009 12:43:56 AM
Having a front light would not make any difference at all as he was hit from behind. The driver was at fault but got away scot free. Disgraceful.
Posted by Nick, 25/04/2009 2:58:42 AM
Retrial! The magistrate's reasoning that a bike front headlight would illuminate the road in front is wrong. Road rules for bikes only require the headlight to be visible from 200m when viewed from in front of the bike. Bike headlights point straight ahead (not down) to warn road users of the cyclist's presence. The magistrate is thinking that bike headlights are the same as car headlights (which are powerful enough to project downwards as well as ahead).
Posted by RecycledEngineer, 25/04/2009 9:12:32 AM
The magistrate's hand wad forced because. The cyclist did not meet the legal requirements for travelling on a public road. There is sufficient reasonable doubt not to convict
Posted by Famouskiwi, 3/06/2010 2:48:18 AM, on The Ballarat Courier

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