If you are a cyclist who Is out on the roads regularly you’ll know that the threat of a car door being thrown open in your path is constant.

This problem has gained more publicity lately, especially since the tragic death of James Cross but in fact it has been growing for quite some years.

Figures from the VicRoads’ ‘Crashstats’ database suggest that in 2009 and 2010, accidents of this type represented eight percent of all bicycle accidents, compared to an average of four percent over the preceding ten years. In real terms, that means two or three such crashes each week, serious enough to send the rider to hospital more. There must be many, many more lesser injuries and near misses.

The legal liability is very clear- it’s the driver’s responsibility to avoid a collision. The Road Safety Road Rules 2009 state that:
 
a person must not cause a hazard to any person or vehicle by opening a door of a vehicle, leaving a door of a vehicle open, or getting off, or out of, a vehicle.
 
The penalty associated with this offence is three penalty units, about $360.
 
Victoria has a strong history of improving safety on our roads.  The approach has been effective because it combines enforcement, education and improvement to the physical conditions of our roads, into a mutually supporting program.

The Coroner’s inquiry into the death of James Cross made recommendations on the latter two aspects.  I’ve drafted a private members bill to address the enforcement side.

This will increase the penalty to ten penalty units, (around $1220) bringing it into line with offences such as running a red light or driving past a stationary tram which has its doors open both of which are potentially very dangerous things to do. I hope to have the Bill into the parliament in our first sitting week in February and I really hope the government supports it.
 
Cycling as a form of transport and recreation is growing rapidly.  Accidents are also increasing, but not as fast as cycling is, suggesting that the increased awareness brought about by more cyclists on the roads of itself creates ‘safety in numbers’. I don’t think my bill is the be-all and end-all, even for enforcement. In fact I’m keen to get some more info on the various ‘vulnerable road user’ laws in different jurisdictions, designed to protect not just cyclists but pedestrians and road workers as well.