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Matt Brogan8 Apr 2015
NEWS

Blood mustn’t count

Has the Victoria Police got it all wrong when it comes to protecting our more vulnerable road users?

COMMENT

As a rider of 20 years, I’ve never questioned the fact that the cops simply aren’t on our side.

I’m a pretty sedate kind of rider, and considering my profession like to think that my riding/driving history — and the number of points I still have on my licence — speaks for itself.

But it seems that doesn’t account for much when you’re behind bars (an ‘affectionate’ term I associate with riding a motorcycle in Victoria). Ride as safely and as gently as you want and the cops will find an(y) excuse to pull you over.
Pipe too loud (it was tested and wasn’t), number plate set on the wrong angle (again, it was tested and wasn’t), tyres worn (well take a look at the tread wear indicator, Constable), mirrors too small (say what?), and let’s not forget the regular ‘random’ licence checks.

We’ve all been there, and most of us take it with the kind of humiliation you become accustom to as a rider.

Then, last weekend happened.

Travelling north to visit family I was knocked off my bike at an intersection by a driver who clearly broke the law. She continued straight ahead from a left-turn-only lane, entering my lane and hitting me on the left-hand side.  Predictably, it knocked me and my until-that-moment-pristine bike to the road.

Thankfully, the driver behind me was also travelling at a speed safe enough that he had time to stop before going over the top of me.

The driver of the offending SUV stopped 30 or 40 metres down the road, and then proceeded with the usual denial of wrong-doing before I emphatically showed her the very clear and rather large white-painted arrows on the road.

“Oh… Sorry.”

Yep. That’ll cover it. What was later determined to be a severe concussion and a few hairline fractures of the neck and lower lumber region of my back will surely mend with an “oh, sorry”.

But the stupidity of the driver pales into insignificance when viewed against the lackadaisical reaction of the Victoria Police.

Protect and Serve… perhaps. But on the road it seems that only applies if you’re a cage driver, and only enforced where a handheld device may be pointed in your general direction.

I called from the scene to check if the police would care to attend (I’d noticed them just 3km back using a said handheld device) and issue a ticket to the young lady involved for disobeying a traffic sign, or for the careless driving that resulted in my injuries — as well as significant damage to my ride.

I was told “it’s an insurance matter” and advised that as no-one was thought to have been under the influence of any alcohol or drugs — or that there were no fluids spilled — that they would not attend.

Blood mustn’t count.

Upon exchanging details with the woman responsible I made my way home, had the bike transported (at guess whose expense?) and became aware of my injuries as the ‘heat of the moment’ dissipated. A trip to hospital later, a few x-rays and an MRI I thought better of the situation and upon my discharge attended the local police station for a second opinion.

“We don’t do police reports for every collision,” stated the Sen. Constable at the desk. “Even your insurance company can tell you that.”

I again politely enquired as to whether the driver could/should/would be likely to be charged for her actions, in the first instance for breaking the law, and secondly for careless driving.

“Probably not,” he remarked, returning behind the door as if to indicate our time was over.

It’s an unusual course of action considering that the failure to obey a lane marking attracts a fine of $185 in Victoria and the loss of 1.25 (!) demerit points, while entering a roundabout from the wrong marked lane or disobeying traffic lane arrows when in a roundabout also attracts the loss of one demerit point and a $148 fine.

What’s more, it was later revealed the driver of the offending vehicle had not updated the address on her driver’s licence within the required timeframe, a fine of $148 and the loss of one demerit point.

You could probably also throw in the failure to cancel or incorrectly operate signal for an additional $148 and one demerit point.

By my reckoning that’s a handsome bit of revenue at $629 (and 4.25 demerit points). And let’s not mention my insurance excess.

Were I a member of the constabulary and the least bit interested I’d be certain to ensure that’s topped-off with a little chat to the local magistrate about the whole careless driving occasioning bodily injury matter… But, no. It’s all too hard.

It’s the level of ‘protection’ that as a rider I’ve come to expect from those paid to ‘serve’ us, but one I must emphasise that I am entirely disappointed with. And it's not the first time we've been left flat-footed by the Victoria Police.

Since when did it become alright for someone to break the law, injure another person and get away with it scot-free?

And since when did it become alright for those employed to play guardian over ALL road users equally to refuse their legally sworn oath selectively?

It’s these questions I ponder as I sit stiff, bruised and sore at the keyboard contemplating how many others have faced similar (or worse) injustices simply because they chose to ride a motorcycle. And one I doubt no number of words will ever seek to rectify in our one-size-fits-all approach to road — sorry — car safety.

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Written byMatt Brogan
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