my refusal to wear a bicycle helmet

my refusal to wear a bicycle helmet
...is informed

Wednesday, February 29, 2012

Where's your...?



Giggles amongst the rain drops!

Had to go to Bligh Street today, so I opted for 'brolly-walking' primarily because it was way too humid to wear my Danish mac & 'Carnaby Street' hat (usual 'tried & true' bicycle raingear of choice).

Notwithstanding being on foot, 'street communication' was still available!!!!

Above the swooshy wet Redfern traffic noise, someone wanted to know:

'Where's your bike?'

- I burst out laughing, and they thought they were pretty funny too!!!!

I ♥ Sydney!!!

6 comments:

  1. Hi!
    I just received a fine for not wearing a helmet and for riding on a footpath. (the cop was having a really bad day apparently).
    I knew about your case and I've sent away a request for a review based on it.

    Thanks so much for standing up to all this nonsense.

    I've been searching through your blog desperately trying to find out if you did get an exemption after all???? I found the article on the Sikh in Wollongong who was advised by the magistrate to apply for exemption on religious grounds. I can't find out if he got one either?? Anyone know?
    If you didn't get your exemption approved I'm thinking of starting my own religion that forbids the wearing of helmets and applying for exemption based on that. That seems about as sensible as police patrolling for non-helmet wearers.

    Just wondering also what people think about the riding on footpath fine I got. I couldn't believe it when he told me only adults accompanying children under 12 are allowed on the footpath. Apparently a single adult cyclist is dangerous to pedestrians but an adult WITH a child is not???? The law seems to assume that cyclists who don't have a child to keep them in check can't be trusted to have respect for others.

    Thanks!

    Megan

    ReplyDelete
    Replies
    1. Megan,
      I tried to work the footpath thing out a while ago.
      I'll just cut and paste from an email I sent below.

      Who can cycle on the footpath?
      Let's start with the Australian Road Rules.

      Quote...

      "What are they?
      The Australian Road Rules contain the basic rules of the road for motorists, motorcyclists, cyclists, pedestrians, passengers and others. They are ‘model laws’ that were initially created in 1999 under an agreement under which each Australian state and territory agreed that it would adopt the Rules into its laws. The purpose of the agreement was to provide for uniformity across Australia in relation to road rules so that people were not confronted with different requirements as they travelled from one state or territory to another. Thus the Rules now form the basis of the road rules in each state and territory. As 'model laws', however, they have no legislative force of their own."

      So the purpose of the Australian Road Rules is to provide uniformity.

      What do they say about riding on a footpath?

      "250
      Riding on a footpath or shared path
      (1)The rider of a bicycle who is 12 years old or older must not
      ride on a footpath if another law of this jurisdiction prohibits
      the rider from riding on the footpath.
      Offence provision.
      Example of another law of this jurisdiction
      Another law of this jurisdiction may provide that a commercial courier
      must not ride a bicycle on any footpath or any footpath in a particular
      area, or that an adult must not ride a bicycle on a footpath unless the
      adult is accompanying a child under 12 years who is also riding on the
      footpath."

      So anyone can ride on the footpath unless the local jurisdiction makes a law against it.

      What do local jurisdictions do?
      Without a team of lawyers looking into it we will never know for sure but ,at least partly, it looks like...

      In NSW and Victoria an adult can accompany a child under the age of 12 riding on the footpath.

      In Qld, NT, ACT and Tasmania anyone can legally cycle on the footpath.

      In SA and WA, if you are 12 or over, it is illegal to cycle on the footpath unless you have a specific medical exemption or are an Australia Post employee delivering mail. Can not accompany a child under 12.

      So much for uniformity.

      Delete
    2. Hi Megan! - no I didn't ever get my helmet exemption, and my latest battle is over the NSW government requirement to pay the Victims Compensation Levy which I'm resisting. Consequently I've lost my driver's licence over this, and have received a 'property seizure order' - I'm expecting the Sherif any day to come to my home and remove my property - basically this whole sorry saga is all over Australia's criminalisation of cycling - sigh!

      Delete
  2. Hope I'm not double posting here but my first effort seems to have failed.

    Megan,

    I tried to work out the footpath thing some time ago. I will just paste a bit from an email I sent.

    Who can cycle on the footpath?
    Let's start with the Australian Road Rules.

    Quote...

    "What are they?
    The Australian Road Rules contain the basic rules of the road for motorists, motorcyclists, cyclists, pedestrians, passengers and others. They are ‘model laws’ that were initially created in 1999 under an agreement under which each Australian state and territory agreed that it would adopt the Rules into its laws. The purpose of the agreement was to provide for uniformity across Australia in relation to road rules so that people were not confronted with different requirements as they travelled from one state or territory to another. Thus the Rules now form the basis of the road rules in each state and territory. As 'model laws', however, they have no legislative force of their own."

    So the purpose of the Australian Road Rules is to provide uniformity.

    What do they say about riding on a footpath?

    "250
    Riding on a footpath or shared path
    (1)The rider of a bicycle who is 12 years old or older must not
    ride on a footpath if another law of this jurisdiction prohibits
    the rider from riding on the footpath.
    Offence provision.
    Example of another law of this jurisdiction
    Another law of this jurisdiction may provide that a commercial courier
    must not ride a bicycle on any footpath or any footpath in a particular
    area, or that an adult must not ride a bicycle on a footpath unless the
    adult is accompanying a child under 12 years who is also riding on the
    footpath."

    So anyone can ride on the footpath unless the local jurisdiction makes a law against it.

    What do local jurisdictions do?
    Without a team of lawyers looking into it we will never know for sure but ,at least partly, it looks like...

    In NSW and Victoria an adult can accompany a child under the age of 12 riding on the footpath.

    In Qld, NT, ACT and Tasmania anyone can legally cycle on the footpath.

    In SA and WA, if you are 12 or over, it is illegal to cycle on the footpath unless you have a specific medical exemption or are an Australia Post employee delivering mail. Can not accompany a child under 12.

    So much for uniformity.

    ReplyDelete
  3. Replies
    1. They do say we live off the sheep back, so it is not surprising that we have a sheep-like mindset. Thanks to the Chinese, gumboots are still affordable to most of us.

      Delete