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To: "David Squirrell" <squirrel@xxxxxxxxxxxxxxxx>
Subject: The issue of cyclists on pedestrian paths
Date: Sun, 11 Oct 2015 20:59:49 +1030
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Sent to BCA SA members, Insight SA & service providers & National BCA
=20
Please find a copy of the email I have used in lobbying again as to the
change in the road rules that allow cyclists to use the footpath areas. =
I
personally believe this is dangerous to those who are aged or have a
disability be it vision, hearing or mobility.
=20
Last February I was interviewed on the radio & by newspaper journalists =
as
well as lobbied many politicians. Cyclists do not have a consistent
insurance policy to protect those they may injure & besides that they =
cannot
be readily identified should you wish to complain to the police. I
complained to the police before & sadly found them dismissive. I have
personally been hit by a cycle, my Guide Dog has been spooked by 15 =
rides
travelling at road speed on a shared cycle & walking track. Last =
Australia
day along the Henley to Grange esplanade my carer counted 179 cyclists =
that
overtook us with only one ringing a bell & one shouting out =93behind =
you
mate=94
=20
If you are concerned then please protest to your local MP, via talk back
radio, by letters to the editor. Maybe we need to place complaints into =
the
equal opportunities commission as this new rule may be seen to =
discriminate
against our freedom & right to utilise the footpath to access our =
community.
I also believe the UN Convention on the Right of People with a =
Disability
may be used to our advantage I cut & paste the salient sections =
immediately
below.
=20
Article 9=20
Accessibility=20
1. To enable persons with disabilities to live independently and
participate fully in all aspects of life, States Parties shall take
appropriate measures to ensure to persons with disabilities access on an
equal basis with others, to the physical environment, to transportation, =
to
information and communications, including information and communications
technologies and systems, and to other facilities and services open or
provided to the public, both in urban and in rural areas. These =
measures,
which shall include the identification and elimination of obstacles and
barriers to accessibility, shall apply to, inter alia:=20
=20
(a) Buildings, roads, transportation and other indoor and outdoor
facilities, including schools, housing, medical facilities and =
workplaces;=20
=20
=20
Article 19=20
Living independently and being included in the community=20
States Parties to the present Convention recognise the equal right of =
all
persons with disabilities to live in the community, with choices equal =
to
others, and shall take effective and appropriate measures to facilitate =
full
enjoyment by persons with disabilities of this right and their full
inclusion and participation in the community, including by ensuring =
that:
=20
(a) Persons with disabilities have the opportunity to choose their place =
of
residence and where and with whom they live on an equal basis with =
others
and are not obliged to live in a particular living arrangement;=20
=20
(b) Persons with disabilities have access to a range of in-home, =
residential
and other community support services, including personal assistance
necessary to support living and inclusion in the community, and to =
prevent
isolation or segregation from the community;=20
=20
(c) Community services and facilities for the general population are
available on an equal basis to persons with disabilities and are =
responsive
to their needs.
=20
=20
Of the politicians I have lobbied I was most distressed that Kelly =
Vincent=92s
office stated on Friday =93Safety comes with mutual respect between =
motorists,
cyclists, and pedestrians. We want to encourage mutual respect, and will =
be
supporting the changes due to be made in the coming weeks.=94 I had =
expected
Kelly Vincent to represent the concerns of those with a disability.
=20
My letter to politicians is as below which may also give some pointers =
for
you to cut & paste or sate when you phone, email or write. If we do not =
act
swiftly then we only have ourselves to blame when the inevitable injury
occurs. I have also asked the service providers as to what this may mean =
for
activities such as Walking groups as it places increased pressure on the
accompanying volunteer & this may need to be risk managed. If you do =
email I
wonder if you could send me a copy so as to table at meetings I have =
with
various stakeholders.
=20
I will also be tabling at the Premiers Access & Social Inclusion Plan
Committee on which I am a disability representative.
=20
Here is a copy of my prior mail out to politicians=85.
=20
May I protest as to the new rules as cyclists on pedestrian roads
=20
I took up with the salient Minister in January & February this year as =
well
as with Cycle SA CEO Christian Haig but in both cases was very =
disappointed
with the responses.
=20
Issues
1. Lack of warning devises (bell / horn) despite this being law =
2. The appropriate use of warning devises=20
3. The appreciation of people with disability not being able to
respond as quickly as others may =96 in particular the aged & those with
hearing or vision loss or a guide dog=20
4. The issue of speed on shared pathways (Often travelling at =
road
speed)=20
5. Parents not appropriately supervision children on shared
pathways=20
6. The issue of cyclists weaving onto & off of pedestrian =
pathways
in the city or suburbs=20
7. The placement of cycles against fences & walls which the =
white
cane user relies on for what is called shore lining so as to understand
where they are on a footpath. This is particularly a problem adjacent to
shops & caf=E9=92s=20
8. Jumping lights by suddenly acting as a pedestrian despite
cycling over with pedestrians=20
9. School aged children or weekend BMX enthusiasts speeding or
cycling without due care on pedestrian pathways=20
10. The crisis caused by a Guide Dog being spooked & refusing to
navigate that aspect again without re-training
=20
Despite the Road rules stating that all cyclists should have functional
warning devices & utilise them on the approach to a pedestrian I make =
the
following observations
1. There is inconsistent use of such=20
2. There is an inappropriate understanding of a pedestrians ability to
hear & hence respond in a safe & appropriate manner. This can be also
apparent in younger persons due to the use of headphone devises attached =
to
ipods or mobiles
3. Cyclists often have no fitted warning devise (despite the road rules
stating there must be)
=20
Anecdotal experiences
1. The vision impaired community frequently find cyclists weave in & =
out
without utilising warning devises. On Australia Day 2015 Monday I was =
taken
along the esplanade cycle / walking shared pathway & between Henley =
Beach &
Grange Jetties 179 cyclists overtook from the rear with only one =
operating a
warning devise & one called out as to their presence & intentions. Of =
the
one person that used the warning devise there was insufficient time to
respond.
There seems to be limited police presence in pulling over cyclists
travelling in groups as to the road worthiness of their cycles & having
warning devises.
2. We live in a demographic characterised population where people are =
aging
& associated with this there are increased incidences of disability. =
Those
with motor, hearing or vision loss are already vulnerable in accessing =
their
community due to varied risks. Adding an extra risk creates the =
probability
of added personal injury or anxiety as to independent access & social
inclusiveness. In 2005 the Medical Journal of Australia featured an =
article
relating to the challenge of accommodating the growing incidence of =
vision
impairment & blindness within our community especially macular =
degeneration,
cataracts & glaucoma. The results of a cyclist & pedestrian collision is
potentially of serious concern, Cyclists have a greater momentum & have =
the
advantage of protective equipment (helmet) & the cycle itself. =
Pedestrians
are anticipated to have a greater incidence of skeletal trauma, closed =
head
injuries & loss of confidence in accessing their community. In =
particular,
hip, wrist & head injury have a greater functional impact as well as =
cost to
the community if they occur.
3. The impact of distressing a guide dog is of particular concern. The =
Guide
Dog is an expensive & highly trained mobility aid for a number of people =
=96
vision impaired, hearing impaired, autism to name just a few. The
consequences of injury to the dog or being spooked are significant.
Anecdotal evidence.
I had a particularly distressing personal experience this year (during =
the
Tour Down Under week) whereupon over 15 cyclists travelling three =
abreast on
a shared cycle & pedestrian track & travelling at an estimated 60 kph =
plus
over took me from behind without any warming. This almost toppled me &
significantly upset my guide dog. Only one (a female) stopped & came =
back to
make sure I was Ok & apologised. They others just kept going or =
vocalised I
was in their way as they overtook me on both sides. On several occasions =
I
have discussed issues with the police & got nowhere =96 failure to =
identify,
lack of resources & other excuses are usually given. I have also =
experienced
a cyclist on the footpath coming around a corner straight into my groin =
then
taking off without even an apology. For my case in question, I need the
shared cycle & pedestrian tract to access the local shopping centre & =
public
transport roots & rely heavily upon the assistance of my RSB trained =
Guide
Dog. To face injury or refusal to use this route due to cyclists =
behaviour
would have major implications.
4. Speed of cyclists is often inappropriate on shared pathways =
especially by
those who undertake the use of such as a serious sporting activity. =
There
needs to be speed restrictions that are policed by methods that motivate
respect towards others using the shared pathway.
5. Persons under 12 already can use footpaths & at times their behaviour =
or
lack of parental supervision of young children can be problematic in =
regards
to pedestrians.=20
Anecdotal experiences. I have faced a primary school aged child aged
approximately 10 =96 12 whizz around a corner on the pedestrian footpath
colliding into my groin, bowling me over & then just taking off. As I =
live
close by a BMX bike racing facility I have frequently been exposed to
similar after specific functions are held & the BMX cyclist is heading =
away
from the site at the cessation of the event.
6. Behaviours of weaving onto & off of pedestrian footpaths is a =
practice
already seen within our community & a significant inconvenience.
7. There is a lack of designated cycle parking facilities in places such =
a
shopping centres or traditional shops adjacent to roads. Often the cycle =
is
found leaning against a wall or post or occasionally laying down on the
pathway. For those with poor sight & especially white cane users who =
rely on
shore lining this becomes a significant hazard.
8. Whilst many issues are caused by behaviours as we also experience =
with
motor vehicles, there needs to be a method of identifying offenders such =
as
a licensing system for cyclists to ascertain a knowledge of the road =
rules &
a registration process with ID plates to enable locating persons who may
need to be located. Blind citizens Australia receives a number of calls
throughout the year as to close shaves at traffic light governed
intersections with auditory tactile facilities. Not infrequently =
cyclists
continue to move across roads despite red lights or cycle with =
pedestrians
crossing a road. Reporting such incidence to the police is futile as =
even
with the use of CCTV the offending person can seldom be identified.
9. Insurance for personal injury claims against cyclists is a grey zone
where insurance companies & cycling sports groups often give a range of
responses as to if they cover the cyclist injuring a pedestrian. Of late =
we
have seen a number of cases interstate where the pedestrian could not =
get
the name of the person, could not get their injuries covered by Medicare =
or
have had to take legal action against the cyclist if & when they were
identified.
10. Blind Citizens Australia have a pedestrian policy & are working to
review & update this further. BCA is the Peak Advocacy Body for those =
who
have significant sight impairment within Australia
11. There needs to be Police driven statistics as to accidents involving
cyclists & pedestrians which I am given to understand does not occur at =
the
current time with any degree of consistency. Reporting incidents is =
often a
denigrating experience for the vision impaired person due to impaired
ability to give a detailed visual description of the person & the event.
12. Sporting events involving cyclists can be a source of frustration as =
I
experiences at West Lakes on Australia Day when my carer was attempting =
to
get myself, my guide dog & themselves back to the parked vehicle but the
Marshall refused to allow the right of passage from th e traffic island =
to
the footpath of a time duration of an estimated 20 minutes. If road =
closures
are to occur then there needs to be adequate & appropriate dissemination =
of
information to the public &/or an alternative process found to enable =
access
to road crossings.
13. The maintenance & design of footpaths in all council areas are =
already
characterised by risks such as foliage, uneven, posts & poles, driveway
texture & slopes, lighting - If an incident occurred would the =
government
or council be responsible for any compensation or would the councils be
expected to add signage to specific areas out of their dwindling =
budgets.
14. May I also point out an anomaly - If your vision cannot be corrected =
to
6/12 or better then you can no longer hold a drivers licence but you can
still use a cycle on a road as I know of no legislation stopping you. =
That
also applies for using a gopher & crossing roads or at times driving on =
the
road.
I5. Re Indemnity insurance =96 my experience from being hit , near =
misses &
knocked over is that the cyclist does not stop & cannot be readily
identified especially if you are also vison impaired. SAPOL are not
interested when you make a report as they seem powerless to do anything =
with
such a report.
=20
Incidentally I am still receiving physiotherapy treatment on a thoracic =
back
injury where last week I was crash landed into on 2 separate occasions
(Shopping centre & crossing North Tce by Frome Rd) by I-Phone Zombies
texting whilst walking =96 neither assisted me & I could not identify =
them
again & the momentum of being hit is less than a cyclist hitting you. =
Also
crossing Frome Rd at Grenfell last week created a potential impact when =
a
cyclist ran a red light whilst I was crossing at the appropriate traffic
light location at the appropriate time. They served narrowly missing my
Guide Dog & took off without stopping. If a Guide Dog is injured or =
spooked
the ramifications for the owner are immense.
=20
I was recently on the Gold coast & Coolangatta with my Guide Dog & Carer =
=96 I
found no respect given by cyclists on shared tracks along the foreshore =
with
no warning devices used despite the minister & Christian Haig referring =
to
Queensland.
=20
I believe this will lead to more people with a disability finding their
independence eroded & flies in the face of Access & Social Inclusion
rhetoric of the government. I believe this is discriminatory & =
consideration
is needed to challenge this under HREOC processes. I intend to raise it =
at
the Oct Premiers Access & Social Inclusion Plan committee.
=20
David
CC BCA National Office & Branch vice President Elina Dalziel
=20
Dr David Squirrell
* Blind Citizens Australia (Adelaide Branch) President=20
* Access & Social Inclusion Plan (SA Govt) Committee=20
* BCA National Policy Development Committee
=20
=20
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</o:shapelayout></xml><![endif]--></head><body lang=3DEN-AU =
link=3D"#0563C1" vlink=3D"#954F72"><div class=3DWordSection1><p =
class=3DMsoNormal>Sent to BCA SA members, Insight SA & service =
providers & National BCA<o:p></o:p></p><p =
class=3DMsoNormal><o:p> </o:p></p><p class=3DMsoNormal>Please find =
a copy of the email I have used in lobbying again as to the change in =
the road rules that allow cyclists to use the footpath areas. I =
personally believe this is dangerous to those who are aged or have a =
disability be it vision, hearing or mobility.<o:p></o:p></p><p =
class=3DMsoNormal><o:p> </o:p></p><p class=3DMsoNormal>Last =
February I was interviewed on the radio & by newspaper journalists =
as well as lobbied many politicians. Cyclists do not have a consistent =
insurance policy to protect those they may injure & besides that =
they cannot be readily identified should you wish to complain to the =
police. I complained to the police before & sadly found them =
dismissive. I have personally been hit by a cycle, my Guide Dog has been =
spooked by 15 rides travelling at road speed on a shared cycle & =
walking track. Last Australia day along the Henley to Grange esplanade =
my carer counted 179 cyclists that overtook us with only one ringing a =
bell & one shouting out “behind you =
mate”<o:p></o:p></p><p class=3DMsoNormal><o:p> </o:p></p><p =
class=3DMsoNormal>If you are concerned then please protest to your local =
MP, via talk back radio, by letters to the editor. Maybe we need to =
place complaints into the equal opportunities commission as this new =
rule may be seen to discriminate against our freedom & right to =
utilise the footpath to access our community. I also believe the UN =
Convention on the Right of People with a Disability may be used to our =
advantage I cut & paste the salient sections immediately =
below.<o:p></o:p></p><p class=3DMsoNormal><o:p> </o:p></p><p =
class=3DMsoNormal>Article 9 <o:p></o:p></p><p =
class=3DMsoNormal>Accessibility <o:p></o:p></p><p =
class=3DMsoNormal>1.=A0=A0 To enable persons with disabilities to live =
independently and participate fully in all aspects of life, States =
Parties shall take appropriate measures to ensure to persons with =
disabilities access on an equal basis with others, to the physical =
environment, to transportation, to information and communications, =
including information and communications technologies and systems, and =
to other facilities and services open or provided to the public, both in =
urban and in rural areas. These measures, which shall include the =
identification and elimination of obstacles and barriers to =
accessibility, shall apply to, inter alia: <o:p></o:p></p><p =
class=3DMsoNormal>=A0<o:p></o:p></p><p class=3DMsoNormal>(a) Buildings, =
roads, transportation and other indoor and outdoor facilities, including =
schools, housing, medical facilities and workplaces; <o:p></o:p></p><p =
class=3DMsoNormal>=A0<o:p></o:p></p><p =
class=3DMsoNormal>=A0<o:p></o:p></p><p class=3DMsoNormal>Article 19 =
<o:p></o:p></p><p class=3DMsoNormal>Living independently and being =
included in the community <o:p></o:p></p><p class=3DMsoNormal>States =
Parties to the present Convention recognise the equal right of all =
persons with disabilities to live in the community, with choices equal =
to others, and shall take effective and appropriate measures to =
facilitate full enjoyment by persons with disabilities of this right and =
their full inclusion and participation in the community, including by =
ensuring that:<o:p></o:p></p><p =
class=3DMsoNormal><o:p> </o:p></p><p class=3DMsoNormal>(a) Persons =
with disabilities have the opportunity to choose their place of =
residence and where and with whom they live on an equal basis with =
others and are not obliged to live in a particular living arrangement; =
<o:p></o:p></p><p class=3DMsoNormal>=A0<o:p></o:p></p><p =
class=3DMsoNormal>(b) Persons with disabilities have access to a range =
of in-home, residential and other community support services, including =
personal assistance necessary to support living and inclusion in the =
community, and to prevent isolation or segregation from the community; =
<o:p></o:p></p><p class=3DMsoNormal>=A0<o:p></o:p></p><p =
class=3DMsoNormal>(c) Community services and facilities for the general =
population are available on an equal basis to persons with disabilities =
and are responsive to their needs.<o:p></o:p></p><p =
class=3DMsoNormal><o:p> </o:p></p><p =
class=3DMsoNormal><o:p> </o:p></p><p class=3DMsoNormal>Of the =
politicians I have lobbied I was most distressed that Kelly =
Vincent’s office stated on Friday “<span =
style=3D'color:black'>Safety comes with mutual respect between =
motorists, cyclists, and pedestrians. We want to encourage mutual =
respect, and will be supporting the changes due to be made in the coming =
weeks.</span><span style=3D'color:black'>”=A0 I had expected Kelly =
Vincent to represent the concerns of those with a =
disability.<o:p></o:p></span></p><p =
class=3DMsoNormal><o:p> </o:p></p><p class=3DMsoNormal>My letter to =
politicians is as below which may also give some pointers for you to cut =
& paste or sate when you phone, email or write. If we do not act =
swiftly then we only have ourselves to blame when the inevitable injury =
occurs. I have also asked the service providers as to what this may mean =
for activities such as Walking groups as it places increased pressure on =
the accompanying volunteer & this may need to be risk managed. If =
you do email I wonder if you could send me a copy so as to table at =
meetings I have with various stakeholders.<o:p></o:p></p><p =
class=3DMsoNormal><o:p> </o:p></p><p class=3DMsoNormal>I will also =
be tabling at the Premiers Access & Social Inclusion Plan Committee =
on which I am a disability representative.<o:p></o:p></p><p =
class=3DMsoNormal><o:p> </o:p></p><p class=3DMsoNormal>Here is a =
copy of my prior mail out to politicians….<o:p></o:p></p><p =
class=3DMsoNormal><o:p> </o:p></p><p class=3DMsoNormal>May I =
protest as to the new rules as cyclists on pedestrian =
roads<o:p></o:p></p><p class=3DMsoNormal><o:p> </o:p></p><p =
class=3DMsoNormal>I took up with the salient Minister in January & =
February this year as well as with Cycle SA CEO Christian Haig but in =
both cases was very disappointed with the responses.<o:p></o:p></p><p =
class=3DMsoNormal><o:p> </o:p></p><p =
class=3DMsoNormal>Issues<o:p></o:p></p><p =
class=3DMsoNormal>1.  =
; Lack of warning devises (bell / horn) despite this being law =
<o:p></o:p></p><p =
class=3DMsoNormal>2.  =
; The appropriate use of warning devises <o:p></o:p></p><p =
class=3DMsoNormal>3.  =
; The appreciation of people with disability not being able to respond =
as quickly as others may – in particular the aged & those with =
hearing or vision loss or a guide dog <o:p></o:p></p><p =
class=3DMsoNormal>4.  =
; The issue of speed on shared pathways (Often travelling at road speed) =
<o:p></o:p></p><p =
class=3DMsoNormal>5.  =
; Parents not appropriately supervision children on shared pathways =
<o:p></o:p></p><p =
class=3DMsoNormal>6.  =
; The issue of cyclists weaving onto & off of pedestrian pathways in =
the city or suburbs <o:p></o:p></p><p =
class=3DMsoNormal>7.  =
; The placement of cycles against fences & walls which the white =
cane user relies on for what is called shore lining so as to understand =
where they are on a footpath. This is particularly a problem adjacent to =
shops & caf=E9’s <o:p></o:p></p><p =
class=3DMsoNormal>8.  =
; Jumping lights by suddenly acting as a pedestrian despite cycling over =
with pedestrians <o:p></o:p></p><p =
class=3DMsoNormal>9.  =
; School aged children or weekend BMX enthusiasts speeding or cycling =
without due care on pedestrian pathways <o:p></o:p></p><p =
class=3DMsoNormal>10. The =
crisis caused by a Guide Dog being spooked & refusing to navigate =
that aspect again without re-training<o:p></o:p></p><p =
class=3DMsoNormal><o:p> </o:p></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>Despite the Road rules stating that all cyclists should have =
functional warning devices & utilise them on the approach to a =
pedestrian I make the following observations<o:p></o:p></span></p><ol =
style=3D'margin-top:0cm' start=3D1 type=3D1><li class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%;mso-list:l2 level1 =
lfo3'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>There is inconsistent use of such <o:p></o:p></span></li><li =
class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%;mso-list:l2 level1 =
lfo3'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>There is an inappropriate understanding of a pedestrians ability to =
hear & hence respond in a safe & appropriate manner. This can be =
also apparent in younger persons due to the use of headphone devises =
attached to ipods or mobiles<o:p></o:p></span></li><li class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%;mso-list:l2 level1 =
lfo3'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>Cyclists often have no fitted warning devise (despite the road rules =
stating there must be)<o:p></o:p></span></li></ol><p class=3DMsoNormal =
style=3D'margin-left:36.0pt'><span =
style=3D'font-size:10.0pt;font-family:"Arial",sans-serif'><o:p> </o:=
p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>Anecdotal experiences<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'mso-margin-top-alt:0cm;margin-right:0cm;margin-bottom:8.0pt;marg=
in-left:18.0pt;text-indent:-18.0pt;line-height:105%;mso-list:l1 level1 =
lfo5'><![if !supportLists]><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'><span style=3D'mso-list:Ignore'>1.<span style=3D'font:7.0pt "Times New =
Roman"'> </span></span></span><![endif]><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>The vision impaired community frequently find cyclists weave in & =
out without utilising warning devises. On Australia Day 2015 Monday I =
was taken along the esplanade cycle / walking shared pathway & =
between Henley Beach & Grange Jetties 179 cyclists overtook from the =
rear with only one operating a warning devise & one called out as to =
their presence & intentions. Of the one person that used the warning =
devise there was insufficient time to respond.<o:p></o:p></span></p><p =
class=3DMsoNormal style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>There seems to be limited police presence in pulling over cyclists =
travelling in groups as to the road worthiness of their cycles =
& having warning devises.<o:p></o:p></span></p><p =
class=3DMsoNormal style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>2. We live in a demographic characterised population where people are =
aging & associated with this there are increased incidences of =
disability. Those with motor, hearing or vision loss are already =
vulnerable in accessing their community due to varied risks. Adding an =
extra risk creates the probability of added personal injury or anxiety =
as to independent access & social inclusiveness. In 2005 the Medical =
Journal of Australia featured an article relating to the challenge of =
accommodating the growing incidence of vision impairment & blindness =
within our community especially macular degeneration, cataracts & =
glaucoma. The results of a cyclist & pedestrian collision is =
potentially of serious concern, Cyclists have a greater momentum & =
have the advantage of protective equipment (helmet) & the cycle =
itself. Pedestrians are anticipated to have a greater incidence of =
skeletal trauma, closed head injuries & loss of confidence in =
accessing their community. In particular, hip, wrist & head injury =
have a greater functional impact as well as cost to the community if =
they occur.<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>3. The impact of distressing a guide dog is of particular concern. The =
Guide Dog is an expensive & highly trained mobility aid for a number =
of people – vision impaired, hearing impaired, autism to name just =
a few. The consequences of injury to the dog or being spooked are =
significant.<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>Anecdotal evidence.<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>I had a particularly distressing personal experience this year (during =
the Tour Down Under week) whereupon over 15 cyclists travelling three =
abreast on a shared cycle & pedestrian track & travelling at an =
estimated 60 kph plus over took me from behind without any warming. This =
almost toppled me & significantly upset my guide dog. Only one (a =
female) stopped & came back to make sure I was Ok & apologised. =
They others just kept going or vocalised I was in their way as they =
overtook me on both sides. On several occasions I have discussed issues =
with the police & got nowhere – failure to identify, lack of =
resources & other excuses are usually given. I have also experienced =
a cyclist on the footpath coming around a corner straight into my groin =
then taking off without even an apology. For my case in question, I need =
the shared cycle & pedestrian tract to access the local shopping =
centre & public transport roots & rely heavily upon the =
assistance of my RSB trained Guide Dog. To face injury or refusal to use =
this route due to cyclists behaviour would have major =
implications.<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>4. Speed of cyclists is often inappropriate on shared pathways =
especially by those who undertake the use of such as a serious sporting =
activity. There needs to be speed restrictions that are policed by =
methods that motivate respect towards others using the shared =
pathway.<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>5. Persons under 12 already can use footpaths & at times their =
behaviour or lack of parental supervision of young children can be =
problematic in regards to pedestrians. <o:p></o:p></span></p><p =
class=3DMsoNormal style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>Anecdotal experiences. I have faced a primary school aged child aged =
approximately 10 – 12 whizz around a corner on the pedestrian =
footpath colliding into my groin, bowling me over & then just taking =
off. As I live close by a BMX bike racing facility I have frequently =
been exposed to similar after specific functions are held & the BMX =
cyclist is heading away from the site at the cessation of the =
event.<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>6. Behaviours of weaving onto & off of pedestrian footpaths is a =
practice already seen within our community & a significant =
inconvenience.<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>7. There is a lack of designated cycle parking facilities in places =
such a shopping centres or traditional shops adjacent to roads. Often =
the cycle is found leaning against a wall or post or occasionally laying =
down on the pathway. For those with poor sight & especially white =
cane users who rely on shore lining this becomes a significant =
hazard.<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>8. Whilst many issues are caused by behaviours as we also experience =
with motor vehicles, there needs to be a method of identifying offenders =
such as a licensing system for cyclists to ascertain a knowledge of the =
road rules & a registration process with ID plates to enable =
locating persons who may need to be located. Blind citizens Australia =
receives a number of calls throughout the year as to close shaves at =
traffic light governed intersections with auditory tactile facilities. =
Not infrequently cyclists continue to move across roads despite red =
lights or cycle with pedestrians crossing a road. Reporting such =
incidence to the police is futile as even with the use of CCTV the =
offending person can seldom be identified.<o:p></o:p></span></p><p =
class=3DMsoNormal style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>9. Insurance for personal injury claims against cyclists is a grey =
zone where insurance companies & cycling sports groups often give a =
range of responses as to if they cover the cyclist injuring a =
pedestrian. Of late we have seen a number of cases interstate where the =
pedestrian could not get the name of the person, could not get their =
injuries covered by Medicare or have had to take legal action against =
the cyclist if & when they were identified.<o:p></o:p></span></p><p =
class=3DMsoNormal style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
'>10. Blind Citizens Australia have a pedestrian policy & are =
working to review & update this further. BCA is the Peak Advocacy =
Body for those who have significant sight impairment within =
Australia<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'>11. There needs to be Police driven statistics as to =
accidents involving cyclists & pedestrians which I am given to =
understand does not occur at the current time with any degree of =
consistency. Reporting incidents is often a denigrating experience for =
the vision impaired person due to impaired ability to give a detailed =
visual description of the person & the =
event.<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'>12. Sporting events involving cyclists can be a source of =
frustration as I experiences at West Lakes on Australia Day when my =
carer was attempting to get myself, my guide dog & themselves back =
to the parked vehicle but the Marshall refused to allow the right of =
passage from th e traffic island to the footpath of a time duration of =
an estimated 20 minutes. If road closures are to occur then there needs =
to be adequate & appropriate dissemination of information to the =
public &/or an alternative process found to enable access to road =
crossings.<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'>13. The maintenance & design of footpaths in all =
council areas are already characterised by risks such as foliage, =
uneven, posts & poles, driveway texture & slopes, lighting =
- If an incident occurred would the government or council be =
responsible for any compensation or would the councils be expected to =
add signage to specific areas out of their dwindling =
budgets.<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'>14. May I also point out an anomaly - If your vision =
cannot be corrected to 6/12 or better then you can no longer hold a =
drivers licence but you can still use a cycle on a road as I know of no =
legislation stopping you. That also applies for using a gopher & =
crossing roads or at times driving on the road.<o:p></o:p></span></p><p =
class=3DMsoNormal style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'>I5. Re Indemnity insurance – my experience from =
being hit , near misses & knocked over is that the cyclist does not =
stop & cannot be readily identified especially if you are also vison =
impaired. SAPOL are not interested when you make a report as they seem =
powerless to do anything with such a report.<o:p></o:p></span></p><p =
class=3DMsoNormal style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'><o:p> </o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'>Incidentally I am still receiving physiotherapy treatment =
on a thoracic back injury where last week I was crash landed into on 2 =
separate occasions (Shopping centre & crossing North Tce by Frome =
Rd) by I-Phone Zombies texting whilst walking – neither assisted =
me & I could not identify them again & the momentum of being hit =
is less than a cyclist hitting you. Also crossing Frome Rd at Grenfell =
last week created a potential impact when a cyclist ran a red light =
whilst I was crossing at the appropriate traffic light location at the =
appropriate time. They served narrowly missing my Guide Dog & took =
off without stopping. If a Guide Dog is injured or spooked the =
ramifications for the owner are immense.<o:p></o:p></span></p><p =
class=3DMsoNormal style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'><o:p> </o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'>I was recently on the Gold coast & Coolangatta with my =
Guide Dog & Carer – I found no respect given by cyclists on =
shared tracks along the foreshore with no warning devices used despite =
the minister & Christian Haig referring to =
Queensland.<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'><o:p> </o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'>I believe this will lead to more people with a disability =
finding their independence eroded & flies in the face of Access =
& Social Inclusion rhetoric of the government. I believe this is =
discriminatory & consideration is needed to challenge this under =
HREOC processes. I intend to raise it at the Oct Premiers Access & =
Social Inclusion Plan committee.<o:p></o:p></span></p><p =
class=3DMsoNormal style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'><o:p> </o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'>David<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'>CC BCA National Office & Branch vice President Elina =
Dalziel<o:p></o:p></span></p><p class=3DMsoNormal =
style=3D'margin-bottom:8.0pt;line-height:105%'><span =
style=3D'font-size:10.0pt;line-height:105%;font-family:"Arial",sans-serif=
;color:black'><o:p> </o:p></span></p><p class=3DMsoNormal =
style=3D'mso-margin-top-alt:auto;mso-margin-bottom-alt:auto'><span =
style=3D'font-size:10.0pt;font-family:"Arial",sans-serif;mso-fareast-lang=
uage:EN-AU'>Dr David Squirrell</span><span =
style=3D'font-size:12.0pt;mso-fareast-language:EN-AU'><o:p></o:p></span><=
/p><ul type=3Ddisc><li class=3DMsoNormal =
style=3D'mso-margin-top-alt:auto;mso-margin-bottom-alt:auto;mso-list:l3 =
level1 lfo8'><span style=3D'mso-fareast-language:EN-AU'>Blind Citizens =
Australia</span><span =
style=3D'font-size:7.5pt;font-family:"Arial",sans-serif;mso-fareast-langu=
age:EN-AU'> </span><span style=3D'mso-fareast-language:EN-AU'>(Adelaide =
Branch)</span><span =
style=3D'font-size:7.5pt;font-family:"Arial",sans-serif;mso-fareast-langu=
age:EN-AU'> </span><span =
style=3D'mso-fareast-language:EN-AU'>President</span><span =
style=3D'font-size:7.5pt;font-family:"Arial",sans-serif;mso-fareast-langu=
age:EN-AU'> </span><span =
style=3D'mso-fareast-language:EN-AU'><o:p></o:p></span></li><li =
class=3DMsoNormal =
style=3D'mso-margin-top-alt:auto;mso-margin-bottom-alt:auto;mso-list:l3 =
level1 lfo8'><span style=3D'mso-fareast-language:EN-AU'>Access & =
Social Inclusion Plan (SA Govt) Committee <o:p></o:p></span></li><li =
class=3DMsoNormal =
style=3D'mso-margin-top-alt:auto;mso-margin-bottom-alt:auto;mso-list:l3 =
level1 lfo8'><span style=3D'mso-fareast-language:EN-AU'>BCA National =
Policy Development Committee<o:p></o:p></span></li></ul><p =
class=3DMsoNormal><o:p> </o:p></p><p =
class=3DMsoNormal><o:p> </o:p></p></div></body></html>
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