NSW Bicycle Registration and Licensing

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NSW Bicycle Registration and Licensing

Postby AUbicycles » Fri Oct 17, 2014 3:05 pm

Although it seems that the emails and even the letter box for MP Duncan Gay, (Ministor for Roads and Transport) is not working correctly - I received a single response to my email and letters (post) raising my objection to the proposal for bicycle registration and licensing - the solution proposed by the Minister to improve cyclist safety in the wake of fatalities and serious injuries.

The law announced on Sept 12. 2014 which came into force on Oct 1. 2014 banning petrol powered bicycles is concerning - less so in my situation because of the 'petrol powered bikes' but rather, it was so fast and I heard no announcements and heard no instances of community consultation. The danger is the the government could rapidly change the law regarding the proposed NSW bike license / bike registration.

I spoke to staff who confirmed that the Roads and Maritime Services department are actively looking into this option. This means that tax payer money is being spent and while it is not a guarantee that it will become law - it is a waste of tax payer money and is a possibility. I am concerned because beyond the shock-jock and tabloid anti-cycling tirads, beyond the mind-numbing online debates and 'hating', that the ridiculous and flawed notion of bicycle registration / licensing is being considered.

There has been a history of lawmaking that is not in the interest of the community - so as cyclists I want to highlight this and suggest that if this is something you oppose, now is a good time to take action, either directly or through your preferred bicycling organisation or advocacy group.

As a lead in, on BNA there is the new article titled: Five reasons why bike rider registration is stupid

You will likely be aware of these, have your own views and know many other good arguments why bicycle registration / licensing is a bad idea.

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Re: NSW Bicycle Registration and Licensing

Postby find_bruce » Fri Oct 17, 2014 8:57 pm

I contacted various online bookies & apparently "The Hon Dunc Gay MP doing something stupid" was at unbackable odds. Even his colleagues think he has a few roos loose in the top paddock.

That said there are a few differences with the ban on petrol powered bikes & cyclist licensing or cyclist registration.
  • The well publicised view of the Department of Transport was that petrol powered vehicles were already illegal and that the change to the Road Rules merely confirmed that situation
  • The Road Transport Legislation Amendment (Power-assisted Pedal Cycles) Regulation 2014 was a simple amendment, where the title was almost longer than the operative text
  • The requirement for both a driver's licence and vehicle registration are contained within the Road Transport Act 2013
  • The driver's licence requirements in the Road Transport Act are entirely directed toward motor vehicles - see for example s 53 which applies solely to Motor Vehicles. I am not aware of any provision of the Road Transport Act which would authorise regulations for licences for vehicles other than motor vehicles
  • The definition of registerable vehicle, whilst predominately directed at motor vehicles, also includes "any other vehicle prescribed by the statutory rules" so it would be possible, albeit stupid & pointless, for the regulations to be amended to include registration of bicycles
  • Regulations are governed by the Subordinate Legislation Act 1989. The introduction of lbicycle licensing or registration appears to me to be a "principal statutory rule" which means the minister is required to comply with various requirements including :
    • preparation of a regulatory impact statement;
    • consultation with stakeholders and the public;
    • provision of an opinion from the Attorney General or Parliamentary Counsel as to whether a proposed statutory rule may legally be made, at the time the rule is submitted for making or approval by the Governor.
  • The amendment can be disallowed by the Legislative Council - there are 42 members including the President, so such regulation could be disallowed by a combination of Labour (14), Greens (5) and 2 out of either the Shooters (2) or the Fred Nile party (2)
In summary - a bit more difficult, a bit slower, but not impossible for Minister Gay to do something stupid
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Re: NSW Bicycle Registration and Licensing

Postby Mulger bill » Fri Oct 17, 2014 11:23 pm

find_bruce wrote:In summary - a bit more difficult, a bit slower, but not impossible for Minister Gay to do something stupid
How long do his constituents have to stop him?
...whatever the road rules, self-preservation is the absolute priority for a cyclist when mixing it with motorised traffic.
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Re: NSW Bicycle Registration and Licensing

Postby find_bruce » Sat Oct 18, 2014 7:27 am

NSW state election is Saturday 28 March 2015.

No one will be voting for or against Duncan Gay however - he is in the Legislative Council & was elected for an 8 year term in 2011 & so won't be up for re-election until 2019. Even then he is safe as #2 on the ticket despite being a buffoon who will cost the coalition votes.

Looking at the positive aspects, registration and licensing may be what it takes to have the cycling party gain a seat.
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Re: NSW Bicycle Registration and Licensing

Postby bychosis » Sat Oct 18, 2014 9:02 am

IT's a bad idea all round, we know it. The 5 point article would appear to sum it up well.

If licensing does go ahea will those with a drivers licence be exempt? I would think so, given that if you have a truck licence you've been through the process and can also drive a car with it, surely it would follow that if you have a car licence the lesser size/impact vehicle of a bicycle would be covered by the car licence. It would however disadvantage teenagers that are trying to get to work/school without clogging up roads unless they are exempt.

It could also be said that if drivers lose their licence they are likely to take up a bicycle for work etc, so judges may in turn end up being more lenient with licence suspensions in order to keep people form losing their jobs and in doing so keep more dangerous drivers in vehicles.
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Re: NSW Bicycle Registration and Licensing

Postby il padrone » Sat Oct 18, 2014 9:26 am

Don't forget all your 7 yo kids who are now denied the ability to ride their bikes !!
Mandatory helmet law?
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Re: NSW Bicycle Registration and Licensing

Postby bychosis » Sat Oct 18, 2014 10:19 am

il padrone wrote:Don't forget all your 7 yo kids who are now denied the ability to ride their bikes !!
Unless of course, if the licence arrives in a box of cereal like car licences seem to arrive these days.
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Re: NSW Bicycle Registration and Licensing

Postby AUbicycles » Thu Oct 23, 2014 10:27 pm

find_bruce, thank you for the detail.
Feel free to email me any resources / docs and I am compiling facts.
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Re: NSW Bicycle Registration and Licensing

Postby Alex Simmons/RST » Fri Oct 24, 2014 8:00 am

Like I've said before, I'm OK with it provided that obtaining a bicycle "drivers" licence means going through profession rider testing and assessment *and* obtaining this licence is compulsory before anyone can obtain or renew their car or heavy vehicle driving licence.


OK, I'll admit I'm being a bit facetious.

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Re: NSW Bicycle Registration and Licensing

Postby KGB » Sat Oct 25, 2014 9:48 am

I'm with Alex.

I already have car, motorbike and boat licences. It makes no difference to me if there is another "category" to tick.

Any way I look at it, I just can't see it doing ANYTHING positive.
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Re: NSW Bicycle Registration and Licensing

Postby il padrone » Sat Oct 25, 2014 9:55 am

It will matter to 90%+ of current cyclists.

Do you want to see more people riding bikes or significantly less? This is no way to get more people riding bikes.

New moves in the Duncan Gay anti-cycling campaign

The Saturday Telgraph is giving oxygen to the rantings of that Scrubber-man
The Pedestrian Council of Australia is calling on the Baird government to make the advised 10km/h speed limit on shared pathways enforceable and to force riders to take out compulsory third-party insurance.
Mandatory helmet law?
"An unjustified and unethical imposition on a healthy activity."

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Re: NSW Bicycle Registration and Licensing

Postby Mulger bill » Sat Oct 25, 2014 10:06 am

Has anybody ever heard Skruloose rant on about smokeboxes and the number of peds they kill PA?
...whatever the road rules, self-preservation is the absolute priority for a cyclist when mixing it with motorised traffic.
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Re: NSW Bicycle Registration and Licensing

Postby yugyug » Sat Oct 25, 2014 11:18 am

il padrone wrote:
New moves in the Duncan Gay anti-cycling campaign
Paywalled.. Though I love feeding my righteous indignation with their clickbait, I'm not going to pay for it! :lol:

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Re: NSW Bicycle Registration and Licensing

Postby il padrone » Sat Oct 25, 2014 12:07 pm

Really is too! I got to it from the SCA Facebook page, where it seems you bypass the paywall.

https://www.facebook.com/#!/SafeCyclingAustralia" onclick="window.open(this.href);return false;

[edit] No you don't "You have read the last of the free articles available for today". Ah well, I'll live :P
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Re: NSW Bicycle Registration and Licensing

Postby yugyug » Sat Oct 25, 2014 12:28 pm

No Facebook for me anyway so I'll have go without.

Sometimes it feels like my principles choices online have marginalsed me to a kind of digital ghetto!

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Re: NSW Bicycle Registration and Licensing

Postby skull » Sat Oct 25, 2014 12:41 pm

you don't necessarily need to have a facebook account to actually look at a lot of facebook pages.

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Re: NSW Bicycle Registration and Licensing

Postby il padrone » Sat Oct 25, 2014 12:55 pm

Full text of the Saturday Telegraph's loopy report (lots of photos of cyclists about Sydney were included, with all sorts of allegations of speeding):


NSW Roads Minister Duncan Gay orders full review of penalties as part of an investigation into a licence system for cyclists

Ashlee Mullany & Andrew Clennell
The Daily Telegraph
October 24, 201411:00PM


PENALTIES for cyclists who flout the law will be reviewed by the NSW government, after a special investigation has revealed bike riders are clocking more than 30km/h over the speed limit on the city’s roads and footpaths.

Roads Minister Duncan Gay has ordered a full review of penalties as part of the government’s investigation into a licence system for cyclists.

The Saturday Telegraph clocked dozens of cyclists speeding over the limit on Sydney’s roads, and others going over the advised 10km/h limit on shared pedestrian paths, ­despite warnings from police and the Pedestrian Council to slow down.

“We’re behind other states aligning cyclists’ penalties with that of cars,” Mr Gay told The Saturday Telegraph.

“At the moment in NSW it just doesn’t add up.”

SATURDAY TELEGRAPH SPECIAL REPORT BELOW


The review comes as reckless cyclists are openly flouting speed limits using a GPS phone app to compete with each other to clock the fastest times on different segments of NSW roads.

The Strava app is used by professional athletes to train for competitions, but many are using it to race each other on stretches known as the “Oxford Dash”, the “Foveaux Drop” and “Heartbreak Hill”.

Record holders, known as “kings of the mountain” have clocked speeds up to 64km/h in residential parts of Rose Bay, 72km/h on the “V8 straight” at Homebush and 67km/h on the “No Brakes” stretch on Campbell Pde at Bondi Beach.

Speed tests conducted this week revealed cyclists were ­ignoring advised speed limits on shared pathways and roads at four notorious spots around Sydney, including a footpath outside Fort Street Public School at Millers Point, Pyrmont Bridge and Centennial Park.

The Pedestrian Council of Australia is calling on the Baird government to make the advised 10km/h speed limit on shared pathways enforceable and to force riders to take out compulsory third-party insurance.

“Our shared pathways have been overtaken by the Lycra Lunatics,” council chief Harold Scruby said.

“They’re trying to beat yesterday’s time.”

NSW riders risk copping a fine of only $67 for “furious” or “negligent” riding, which can include speeding or using a phone while riding.

“As part of investigating a licensing system for cyclists, I’ve already asked my department to do a full review of penalties,” Mr Gay said.

“Cyclists can create mayhem by running red lights, causing cars to swerve and hit other cars and pedestrians.”

Mr Scruby said council rangers should be given the power to enforce cycling ­offences on shared pathways.

During a police operation in August, officers stopped 151 cyclists in a day, including 76 for not wearing a helmet, 31 who ran red lights and 17 caught riding on footpaths.

“Those who are riding in an unsafe manner can expect to be prosecuted,” said Inspector Phil Brooks from the Traffic and Highway Patrol.

“Ten cyclists have died on NSW roads this year, and police will continue to ensure the roads are shared safely.”


SPECIAL REPORT: MENACES CREATE A CYCLE OF FEAR

THEY are the lycra louts making a mockery of the law — running red lights, speeding and using their phones as they menace pedestrians on Sydney’s roads and pathways.

Dozens of badly behaved and simply stupid cyclists were spotted riding on roads and shared pathways around Sydney this week.

Among them was one cyclist who was spotted holding his lunch in one hand and mobile in the other, with his helmet undone, while others were seen running red lights all over the city.

The Saturday Telegraph witnessed cyclists routinely speeding on the road at Centennial Park and the footpath at Pyrmont Bridge, where there is an advised limit of 10km/h, and being reckless on Anzac Bridge.

Cyclists reached speeds of up to ­40km/h as they raced round a blind corner on the Rozelle side of the shared footpath on Anzac Bridge.

The Saturday Telegraph recorded the speeds of six cyclists negotiating the bend between 4.30pm and 5pm.

They averaged about 30km/h, on the bend with the highest speed recorded at 40km/h.

At Centennial Park, 19 cyclists were clocked riding over the 30km/h limit imposed on motorists, with some recording speeds of up to 38km/h and 42km/h.

Outside the Fort St Public School in Millers Point it is a dangerous mix of students, cyclists and speed, with one rider clocking 45km/h during school pick-up time.

“It is the speed they go and we get abuse (from them),” mum Kelly Larter said. “It’s bad enough for adults, but these are kids.”


On Pyrmont Bridge, dozens of ­cyclists weaved between pedestrians, travelling at speeds of up to 25km/h.

Two men were seen riding without a helmet, a courier was clocked riding at 24km/h, and a man knocked a woman’s purse while ­riding at 20km/h.

Entering Pyrmont Bridge from Sussex St, a cyclist yelled at a pedestrian after he knocked the cyclist travelling at 20km/h just after 6pm.


None of the cyclists seen speeding was spoken to by rangers, given the 10km/h limit on shared paths is only an advised speed.

“All we can do is ask them to slow down,” said one ranger, who did not want to be named.

Riders caught speeding or using a phone can face a fine of $67, according to police.

Originally published as Cracking down on the ‘lycra lunatics’
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Re: NSW Bicycle Registration and Licensing

Postby human909 » Sat Oct 25, 2014 1:32 pm

I don't think Ashlee nor Andrew wiped the foam from their mouths once while writing that piece of journalism.

Imagine if you wrote such an article about a racial or religious minority. :shock:

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Re: NSW Bicycle Registration and Licensing

Postby warthog1 » Sat Oct 25, 2014 3:04 pm

Meanwhile, a riders perspective

http://road.cc/content/news/133809-doub ... -bike-road

We are a country living in the shadow of a dangerously moronic mainstream media :roll: :x :x
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Re: NSW Bicycle Registration and Licensing

Postby warthog1 » Sat Oct 25, 2014 5:39 pm

il padrone wrote:
Do you want to see more people riding bikes or significantly less? This is no way to get more people riding bikes.
+1

http://road.cc/content/news/133785-get- ... th-england
Just as applicable to this country withs it's' KFC, Maccas et al chew and spew, diet.
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Re: NSW Bicycle Registration and Licensing

Postby 2wheels_mond » Sat Oct 25, 2014 6:24 pm

il padrone wrote:At Centennial Park, 19 cyclists were clocked riding over the 30km/h limit imposed on motorists, with some recording speeds of up to 38km/h and 42km/h.
Well, good thing cyclists are required to have an accurate, visible speedometer to be aware of their speed.

Oh, wait...

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Re: NSW Bicycle Registration and Licensing

Postby biker jk » Sat Oct 25, 2014 6:35 pm

2wheels_mond wrote:
il padrone wrote:At Centennial Park, 19 cyclists were clocked riding over the 30km/h limit imposed on motorists, with some recording speeds of up to 38km/h and 42km/h.
Well, good thing cyclists are required to have an accurate, visible speedometer to be aware of their speed.

Oh, wait...
I was in CP riding last week and was frequently passed by cars exceeding the speed limit. Funny that the "journalists" never noted this dangerous behaviour of motorists in CP. :roll:

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Re: NSW Bicycle Registration and Licensing

Postby yugyug » Sat Oct 25, 2014 6:50 pm

2wheels_mond wrote:
il padrone wrote:At Centennial Park, 19 cyclists were clocked riding over the 30km/h limit imposed on motorists, with some recording speeds of up to 38km/h and 42km/h.
Well, good thing cyclists are required to have an accurate, visible speedometer to be aware of their speed.

Oh, wait...
Be careful what you wish for! ;)

Btw I remember reading elsewhere on this forum that not having a speedo is not a valid excuse for exceeding the speed limit, or so seemed the consensus.

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Re: NSW Bicycle Registration and Licensing

Postby 2wheels_mond » Sat Oct 25, 2014 7:14 pm

yugyug wrote:
2wheels_mond wrote:
il padrone wrote:At Centennial Park, 19 cyclists were clocked riding over the 30km/h limit imposed on motorists, with some recording speeds of up to 38km/h and 42km/h.
Well, good thing cyclists are required to have an accurate, visible speedometer to be aware of their speed.

Oh, wait...
Be careful what you wish for! ;)

Btw I remember reading elsewhere on this forum that not having a speedo is not a valid excuse for exceeding the speed limit, or so seemed the consensus.
Well, I'm not sure if anyone's decided to test it in court yet, but I dare say if you were to fight one it would depend on the circumstances - if you were using a GPS speed device it's certainly not going to work in your favour, nor would zooming past cars going at the speed limit. Would be interesting to see the courts' opinion.

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Re: NSW Bicycle Registration and Licensing

Postby yugyug » Sat Oct 25, 2014 7:34 pm

Now that I've read the article (and it prompted more righteous indignation than my swear jar can handle) I've got to say I do kind of get the perspective of Horrible Scruples, in that peds are vulnerable road users. But most of the concerns in that article are infrastructure issues - the Anzac and Pyrmont bridge for example. Hardly worth getting in a huff about cycling behavior when the infrastructure could be so easily improved.

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