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Jail for rogue cyclists causing injury, deathBy Ashley Gardiner and Glenn Mitchell
March 06, 2008 03:30am
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ROGUE cyclists responsible for serious injury or death will be jailed under tough new laws being drafted by the Brumby Government.

A new crime for cyclists, possibly similar to culpable driving for motorists, will be introduced into the Victorian Parliament later this year.

Roads Minister Tim Pallas revealed the new tough line on irresponsible cyclists after a hit-run accident on Tuesday night that left a man, 62, in intensive care.

A female cyclist handed herself into police yesterday, but had not been charged.

Asked whether serious cycling offenders could face jail, Mr Pallas said they would.

"Do we believe there should be comparable levels of accountability for all road users including cyclists? The answer is yes," he said.

But Mr Pallas ruled out introducing a system of licensing cyclists.

"I'm not a big fan of the idea of requiring registration for cyclists," he said.

"I think we've actually got to encourage people to get out and cycle."

Mr Pallas said he had spoken to Attorney-General Rob Hulls about the new offence.

Legislation was yet to be drafted and Mr Pallas would not be drawn on the precise nature of the new charge.

"We do intend making sure that we have comparable levels of accountability for serious cycling, as well as serious driving offences," he said.

Mr Pallas would not comment on whether Tuesday night's incident would be covered by the new charge.

"I don't want to talk about a specific case because it may well become a matter that the courts have to consider," he said.

"Any form of action that renders serious injury in a person is something that obviously, I believe, falls in the category of serious and requires the law to make sure people are held to account for the actions they have taken.

"If you're endangering life in the way that you operate your vehicle, whether it's a car or a bike, you should be held to account."

A 24-year-old Thornbury woman went to Northcote police station about 11am yesterday to admit she was the rider involved in a Swanston St crash that left pedestrian Don McFadyen, 62, with a dislocated hip and broken arm.

It is believed Mr McFadyen, of Thornbury, stepped off a north-bound tram on Swanston St, near the corner of Bourke St, moments before he was struck.

His shaken wife, Jenny, said she arrived at the scene to find her husband writhing in pain.

"He was in great pain on the ground when I got there," Mrs McFadyen said.

Mr McFadyen was taken to the Royal Melbourne Hospital and was recovering yesterday in intensive care.

"He's a lot better than he was after it happened. He's a bit groggy still," Mrs McFadyen said.

The rewrite of Victoria's cycling laws was sparked by the death of James Gould, 77, in August 2006.

Cyclist William Raisin-Shaw pleaded guilty to the charge of failing to stop at a traffic signal on Beach Rd, Mentone.

Police charged Mr Raisin-Shaw with that offence after concluding there were no other existing laws where a conviction was likely.

Mr Gould had stepped from the kerb into the path of a pack of cyclists on the notorious Hell Ride.

The magistrate was critical of the law that limited the penalty to a $400 fine, which he described as pathetic.

After the magistrate's comments, Mr Brumby promised a review of cyclist laws.

"We obviously want to make sure the punishment fits the crime," he said at the time.

Bicycle Victoria general manager Harry Barber said cyclists would need to accept the community's demand for greater accountability.

"The thing people want is to have it less likely to happen again," Mr Barber said.

"Bike riders will feel nervous about changes to legislation.

"What should make them feel comfortable is if they are consistent with other laws that apply in Victoria."

Motorists convicted of culpable driving causing death face a maximum of 20 years in jail.

During 2005-06, the average sentence for culpable driving was six years and one month.

This is a good idea. however, there would have to be a similar for pedestrians, too. "Careless walking or Jay Walking." If someone thoughtlessly steps off a pavement and is struck by a vehicle, then the pedestrian might have to bear some culpability, too.