Cycling in Sydney Australia
This happened in Newcastle, and I feel that the penalties are a bit light, but at least some justice was seen to be done! I can't help but wonder whether the loss of his license for 15 months will make any difference. With the string of past offenses, he looks like he thinks he's a law unto himself!
Wow that's cheap for intimidatory use of a weapon with a 1400 fatality rate.
Maybe he should have used a firearm.
And I bet he will continue to drive regardless of suspension.
Nice comments by the judge. Bloody scary to think the driver was towing a trailer when he had a go at the cyclists. How many cyclists have been killed by trailers in the last few years? And it's not as if Parkway Ave is a narrow road - should have been plenty of space and time for the driver to pass safely.
And the image at the top of the article go me all Newcastle home-sick - I used to work at the Grand and spent many an evening with nothing to do but stare at the court house. Wish NCC hadn't removed the fig trees.
Me too, Timothy. The house I grew up in and where my parents still live is here
What is disturbing about this story is that the driver first encountered the cyclists at the Junction and followed them to the Fernleigh Track - that a really long way to follow them - he should have been gaoled IMO, especially given his prior convictions.
What do you do with someone who (probably) has antisocial personality disorder?
Threatening to kill and acting in a manner endangering life, using a heavy weapon, and you only get twice the penalty you get for the victimless crime of being drunk on a bike in Canberra http://www.canberratimes.com.au/act-news/drink-riding-a-bike-on-can...
Two tier justice used against the vulnerable as ever.
Had a glance at the ACT traffic law - http://www.legislation.act.gov.au/a/1977-17/current/pdf/1977-17.pdf
It appears that the rider of a bicycle is not required to submit a sample for BAC purposes.
Only section 24A applies to cyclists. And it is all bad news, much more draconian than NSW law.
Under the Influence is subjective and there is no definition of the evidentiary requirements, so any alcohol could land you in trouble. The maximum penalty is 50 units and imprisonment for 6 months for a first offence!! (50 units at $170 per unit is $8,500 maximum fine). And there is automatic suspension of motor vehicle licence for 3 years with reduction to a minimum of 6 months at the courts discretion.
Seems harsh, but then again the defendent's lawyer had a fool for a client - he defended himself.
24A Driver etc intoxicated
(1) A person must not drive or ride a vehicle or animal on a road, or be in charge of a vehicle or animal on a road, while under the influence of alcohol.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) A person arrested for an offence against this section is entitled to be examined by a doctor or authorised nurse practitioner if the person asks to be examined.
(3) If a request for examination is made, the person making the arrest must provide reasonable facilities for the examination.
(4) In this section: animal means a horse, cattle or sheep. vehicle means— (a) a bicycle; or (b) an animal-drawn vehicle.
Although it looks like you may be ok riding a pig while drunk. Sheep? Why do they mention sheep?