Ford Transit Van V cyclist Bicton

[softy]

A shoulder on a road with a bicycle symbol means nothing in WA.

To items are defined in the RTC, which is;
Bicycle lane
Bicycle path

if the bicycle symbol has "only" associated with the bicycle symbol, then it is covered by the definition of the law.

if you look up the MRD WA it clear explains the bicycle symbol is advisory.

so legally all the things different coloured tarmac, white solid line, bicycle symbol, whatever they are on the side of the road are only advising a cyclist to use them.

[GregW]

Well well well.......I put a photo of wrecked bike and description of incident on Facebook and looks like the witness has been found.
Have given him the Online Crash Reporting Facility report receipt number and he is going to contact them.
And as a bit of a joke Nine news tried to contact me via FB, and then phoned early this morning wanting to talk to me .My answer....NO.
I'll confirm later when the witness has actually filed his statement....
Thanks all....

[ColinOldnCranky]

Well well well.......I put a photo of wrecked bike and description of incident on Facebook and looks like the witness has been found.
Have given him the Online Crash Reporting Facility report receipt number and he is going to contact them.
And as a bit of a joke Nine news tried to contact me via FB, and then phoned early this morning wanting to talk to me .My answer....NO.
I'll confirm later when the witness has actually filed his statement....
Thanks all....

Yay, the power of social media.

Whichever way it pans out keep us posted. A lot pf people here will be interested.

Good luck Greg.

[방구 똥]

I am not aware of what you are requiring for legal signage or where you get it. However be wary of assuming that signage MUST be accompanied with signage on a pole or that it must be one of a set of signs shown in legislation or regulation. This matter was discussed as a side issue in the "Legality of parking in cycle lanes".

The WA RTC (2000), terms and abbreviations. http://www.austlii.edu.au/au/legis/wa/c ... 13/s3.html" onclick="window.open(this.href);return false;

bicycle lane means a marked lane, or the part of a marked lane —

(a) beginning at a “bicycle lane” sign applying to the lane; and

(b) ending at the nearest of the following:

(i) an “end bicycle lane” sign applying to the lane;

(ii) an intersection (unless the lane is at the unbroken side of the continuing road at a T‑intersection or continued across the intersection by broken lines);

(iii) if the carriageway ends at a dead end — the end of the carriageway;

Bicycle Lane Sign


End Bicycle Lane Sign

The thread you refer to, is it this one? If so, same conclusion it seems.

Tell plod it's not a bike lane, point them to the relevant section of the code and don't let them fob you off.

Thanks for this, now I feel bad for my stares at a driver when he pulled into what I thought was the bicycle lane when he wanted to go around a car turning into The Left Bank.
Then he parked on the shoulder and I thought "why is he blocking the pathhhhhhhhhhhhh"

[GregW]

Latest Update.
As I was not happy with the attending police refusing to take details at the scene, and therefore going through the delay ridden online crash reporting system, I visited Fremantle police station.
I understand that with no witness it almost impossible to prove anything.
Questions I asked included was the driver breath tested, why was I not breath tested, and why they chose to ignore my severe allegations at the crash screen.
I also requested the full details of the attending officers and that all Police helmet cam vision of conversations are secured and retained.
I also explained that the crash report I submitted is still only in receipt stage, and no crash number allocated.
I had a call back the following day from a very helpful Sergeant who explained that report should be looked at in the next week or so, an will be elevated because of my accusations.
I have not had confirmation from the witness that he has contacted the crash unit.
However I am convinced this guy will walk. The Sergeant that phoned advised me that his account given to the attending officers was that I was in the bike lane and veered in front of him.
I will wait until the witness has completed his report and then throw this guys name and vehicle details all over social media.
The aggressive nature of chasing me down, hitting me twice, abusing me while I was still on the ground, leads me to believe this guy has a problem, and cyclists have a bigger problem.

[crazioldjane]

Good stuff you have to push this stuff cos most not all but most police are lazy and indifferent in their attitude to their job and the public...as you have found out.. they are also not judges ..it is the courts role to test the evidence which is your injuries your bike damage what you have to say and the shithead..oops the person of interest and whatever marks are on the road and the shitheads van....

[Thoglette]

The Sergeant that phoned advised me that his account given to the attending officers was that I was in the bike lane and veered in front of him.

It is is your responsibility to cross a lane divider "safely".

The aggressive nature of chasing me down, hitting me twice, abusing me while I was still on the ground, leads me to believe this guy has a problem, and cyclists have a bigger problem.

If you can get a witness, then the discussion is not about "giving way" but about "assault".

[trailgumby]

Was that device on the stem of your bike recording the ride? If so, that could be used to refute the allegation of erratic riding. Plus, I note you have a mirror. YOu saw him coming? If so, put that in your Police statement.

Police need to be cynical to a degree, they cop a lot of crap and false accusations from all sorts of people that they need to filter out, but failing to follow process and failing to record the incident despite obvious injuries to yourself... not acceptable.

The questiosn you asked are excellent. Challenging the failure to breath test both yourself and the accused driver, and the demand to retain and secure helmet cam footage shows a confidence in the accuracy of your version of events that boosts credibility - hopefully it is enough to get some serious attention.

[GregW]

The Sergeant that phoned advised me that his account given to the attending officers was that I was in the bike lane and veered in front of him.

It is is your responsibility to cross a lane divider "safely"..

Err I did not cross a lane divider...I was riding on the road...he is claiming I was in the bike lane and veered in front of him

The aggressive nature of chasing me down, hitting me twice, abusing me while I was still on the ground, leads me to believe this guy has a problem, and cyclists have a bigger problem.

If you can get a witness, then the discussion is not about "giving way" but about "assault".

It is not that easy. I have not spoken to the witness since the accident, but I would suggest he will be able to confirm the car hit the rear of me. However I very much doubt that his recollection of the incident he would be able to recall the position I was on the road.

Was that device on the stem of your bike recording the ride? If so, that could be used to refute the allegation of erratic riding. Plus, I note you have a mirror. YOu saw him coming? If so, put that in your Police statement.

Police need to be cynical to a degree, they cop a lot of crap and false accusations from all sorts of people that they need to filter out, but failing to follow process and failing to record the incident despite obvious injuries to yourself... not acceptable.

The questiosn you asked are excellent. Challenging the failure to breath test both yourself and the accused driver, and the demand to retain and secure helmet cam footage shows a confidence in the accuracy of your version of events that boosts credibility - hopefully it is enough to get some serious attention.

I did have a camera...got jacked off with battery issues and corrupted files (useless Drift camera.....cops in WA now use them)
Noted in the crash report the mirror and my constant monitoring of his movements over the last 200 meters or as he chased me.
I have the crash report online in PDF if anyone is interested, although I have to be careful not to compromise the situation until the witness has made his statement.
What you see on the stem mate is probably my cods....been missing since the accident

[Thoglette]

It is not that easy. I have not spoken to the witness since the accident, but I would suggest he will be able to confirm the car hit the rear of me. However I very much doubt that his recollection of the incident he would be able to recall the position I was on the road.

b*gger. That leaves you in a he-said-she-said position which makes it hard to get action.

[wexford]

Err I did not cross a lane divider...I was riding on the road...he is claiming I was in the bike lane and veered in front of him

That in itself is quite telling. If there's no bike lane, surely this is evidence that the other party's statement is false?

[trailgumby]

Err I did not cross a lane divider...I was riding on the road...he is claiming I was in the bike lane and veered in front of him

That in itself is quite telling. If there's no bike lane, surely this is evidence that the other party's statement is false?

There was a white line and a bike symbol but no "Bike Lane" sign - hence not a legally enforceable bike lane, but drivers are generally ignorant of that. There was also a number number of obstacles placed in the way of riders intending to use it, forcing them out into the path of traffic at dangerous pinch points.

Hence the OP choosing to stay outside it. Hence him not crossing a lane divider.

[Lozzie]

I'll be honest the chances of getting details though police are slim. They do not care about traffic accidents.