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Australia’s mandatory helmet laws "have become a tool of disproportionate penalties and aggressive policing" say researchers

“The goal is meant to be harm reduction. Piling on the fines does more harm than good”

Australia’s mandatory helmet laws have become an exercise in revenue gouging and have also provided a flimsy pretext for police to stop and search people, according to researchers.

Writing in The Conversation about ongoing research, Julia Quilter, Associate Professor of Law at the University of Wollongong and Russell Hogg, Adjunct Professor at the School of Justice at Queensland University of Technology, argue that mandatory helmet laws "have become a tool of disproportionate penalties and aggressive policing".

In 1991 Australia became the first country to require cyclists to wear helmets. The law remains contentious with campaigners who regularly undertaking protest rides and argue that it discourages cycling.

Fines have also risen considerably in some areas. In New South Wales (NSW) the offence once carried a fine of A$73, but in March 2016 this was increased by 445% to A$325.

A year later, we reported how the change had also coincided with a sharp rise in the numbers being fined. Failure to wear a cycling helmet is currently the most-commonly issued on-the-spot fine in the state.

The fine is out of step with penalties for other, more serious offences, argue Quilter and Hogg. “In NSW, only when car drivers exceed the speed limit by more than 20km/h does the fine exceed the A$344 for failing to wear a helmet.

“A person who drives in a dedicated bicycle lane faces a A$191 penalty. A cyclist will be slugged almost twice as much for riding in that same lane without a helmet.”

The fines are “a terrific little earner” for the NSW government, they say. “From 2016-2019, 17,560 penalty notices worth almost A$6 million were issued to cyclists. Over the same period only 95 fines were handed out to drivers for unsafe passing.”

Quilter and Hogg also point to geographical disparities in the number of penalty notices issued within the state with fines overwhelmingly concentrated in poorer neighbourhoods.

“Local helmet-wearing behaviours could explain some of the disparity,” they write. “However, the stories we are hearing from lawyers around the state suggest something much more troubling is at play.

“Our interviews reveal the helmet laws are being used for purposes unrelated to safety. These include gathering intelligence about offences and suspects, justifying searches and harassing targeted individuals – particularly young Aboriginal people.

“Sometimes this involves multiple penalty notices for failing to wear a helmet, including where a child rides both to and from school on the same day.”

Quilter and Hogg believe that if the real objective is cyclist safety, then police procedures should require officers to issue cautions rather than penalty notices for initial breaches.

“The penalty for riding without a helmet is now ludicrously excessive. Proportionality between penalty and offence has been lost. The goal is meant to be harm reduction. Piling on the fines does more harm than good.”

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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11 comments

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Philh68 | 4 years ago
3 likes

The NSW Labor party must be different to their UK cousins because I recall when they implemented policy to double the cycling share of commuting, and the NSW Premier at the time was Kristina Kenneally who was known for cycling to parliament. It sticks out in my mind because policy was announced in Newcastle where she cycled along the route where cyclists are now banned. Labor at least went to the last election with $5m in promised funding to put an east-west cycleway in when the Libs don’t want it. See, I forgot to mention the Libs also privatised the buses and light rail, they won’t put in a bike path because people will use it for free instead of paying to ride a tram we didn’t need.

The helmet law won’t change, it’s been in too long and there’s too much at stake to admit they got it wrong. Bicycle Network put it forward as policy they want changed but no politician will consider changing something safety related. BN want to see the law changed to match the Northern Territory where over 17’s may ride on footpaths and off road cycleways without a helmet. I looked at the fatality and injury stats for the NT and at 4 deaths in 10 years they’re lower per capita than here where it’s mandatory to wear a helmet.

 

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CyclingInBeastMode replied to Philh68 | 4 years ago
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Philh68 wrote:

The NSW Labor party must be different to their UK cousins because I recall when they implemented policy to double the cycling share of commuting, and the NSW Premier at the time was Kristina Kenneally who was known for cycling to parliament. It sticks out in my mind because policy was announced in Newcastle where she cycled along the route where cyclists are now banned. Labor at least went to the last election with $5m in promised funding to put an east-west cycleway in when the Libs don’t want it. See, I forgot to mention the Libs also privatised the buses and light rail, they won’t put in a bike path because people will use it for free instead of paying to ride a tram we didn’t need.

The helmet law won’t change, it’s been in too long and there’s too much at stake to admit they got it wrong. Bicycle Network put it forward as policy they want changed but no politician will consider changing something safety related. BN want to see the law changed to match the Northern Territory where over 17’s may ride on footpaths and off road cycleways without a helmet. I looked at the fatality and injury stats for the NT and at 4 deaths in 10 years they’re lower per capita than here where it’s mandatory to wear a helmet.

NT is kind of a red herring in many ways, low population density, smallest territory/state capital and thus the lifestyle is different in many regards to the much larger conurbations. The actual physical number of commuters by motorvehicle is massively smaller than even ACT, less than half in fact yet that's over a huge area and within Darwin itself the commuter numbers would be similar for a smallish town in the UK when you take into account passing through traffic in the UK which occurs a lot that go through small/mid sized towns they are likely to experience far more motor traffic than Darwin ever will even if similar populations/demographics.

The problem of having a half and half rule is in itself part of the problem, it needs to be a full rescinding of the rule. Not being able to ride on the road when there's already few car commuters anyway makes no logical sense, the death toll is low not because of the differing helmet rules, it's low because of the physical number/density of motorists plus the actual way of life in Darwin comparative to most other larger conurbations like Sydney/Melbourne/Brisbane etc is subtly different too. It also helps they (Darwin) have quite a few cycleways which for a city of that size is considerable by comparison so it's easier to get about the built up area.

I agree the helmet laws won't change because it's ingrained and would take a whole generation to accept that it's the motorist who needs to change not the vulnerable persons attire or attitude, it would also need the gov both national and state/territory to make the changes that forces those that kill and maim to change, that is never going to happen sadly, it's all too late as it is pretty much elsewhere. Here in the UK nothing will change of any real note with regards to priority/ease of getting about and protection by the law/safety but at least we dn't have the victim blaming rules of helmets enshrined in legalese ... yet, and that's why so many of us fight against it.

The sad thing is the European Union wants helmets in law, they want the easy option to 'protect' cyclists to meet their safety targets, despite the fact the acknowledge that helmets do have a negative effect they do nothing but promote helmet use throughout the union and hold up Netherlands and Denmark as having poor safety records for cycling due to the number of cycling deaths per population head, utterly ignoring that the cycling rates are massively higher than anywhere else.

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Philh68 | 4 years ago
6 likes

None of them regardless of political leaning strike me as ethical human beings. However, Conservative parties seem to attract a certain type of weasel no matter what country you’re in.

All the glossy plans  for their light rail here showed the heavy rail corridor they closed would become public space, with a shared pedestrian and cycle path to link the west end of the CBD with the east end and beaches. Then they sold the land to  private property developers, preventing its reuse as public space. Those of us who said all along the whole thing was a plan to transfer valuable real estate to private enterprise while wasting public money on a vote buying trinket (who moves a railway into the middle of the adjacent street?) take no pride in having our suspicions confirmed.

They even enacted retrospective legislation to allow them to sell the land, then used that legislation to sue a lobby group that challenged the legality of them closing a railway without proper legislation. Because they believe they’re born to rule and will do whatever it takes to shut down community opposition. Helmet laws, a means of discouraging cycling and minimising the ability of cyclists to lobby for better infrastructure.

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burtthebike replied to Philh68 | 4 years ago
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Philh68 wrote:

None of them regardless of political leaning strike me as ethical human beings. However, Conservative parties seem to attract a certain type of weasel no matter what country you’re in.

All the glossy plans  for their light rail here showed the heavy rail corridor they closed would become public space, with a shared pedestrian and cycle path to link the west end of the CBD with the east end and beaches. Then they sold the land to  private property developers, preventing its reuse as public space. Those of us who said all along the whole thing was a plan to transfer valuable real estate to private enterprise while wasting public money on a vote buying trinket (who moves a railway into the middle of the adjacent street?) take no pride in having our suspicions confirmed.

They even enacted retrospective legislation to allow them to sell the land, then used that legislation to sue a lobby group that challenged the legality of them closing a railway without proper legislation. Because they believe they’re born to rule and will do whatever it takes to shut down community opposition. Helmet laws, a means of discouraging cycling and minimising the ability of cyclists to lobby for better infrastructure.

Eff me!  Where exactly did this affront to ethics occur?

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Philh68 replied to burtthebike | 4 years ago
3 likes

burtthebike wrote:

Eff me!  Where exactly did this affront to ethics occur?

Newcastle, NSW. Home of Australia’s largest coal exports and a Labor heartland. So the conservatives treat us like crap. They got some of their own elected by promising to do all this wonderful stuff, only to get caught out receiving illegal donations from property developers. And I’m talking brown paper bags full of cash. One of said developers had gotten himself elected to council and as Lord Mayor. A cesspit of self interest. It’s as if the monorail episode of The Simpson’s was a documentary …

Whats worse is the Newcastle Cycleways Movement designed a comprehensive network city wide to AAA standard that would have put 80 percent of residents within 300 metres of a cycleway, for a projected cost of 80 million. Had the support of the motorists association, the heart foundation and other groups. How much did the cons commit to find? Zero. But they blew 450 million building 2.7km of tramlines down the high street…

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Philh68 | 4 years ago
9 likes

That just says the laws are working as intended. In case anyone forgets, the hike in fines was brought about by the then NSW roads minister Duncan Gay, who was notoriously hostile to cyclists and cycling infrastructure. There was a lot of political bias at play as well, due to the popularity of independent Lord Mayor of Sydney Clover Moore and her strong support of a cycling network in the inner city. The conservatives have tried everything to unseat her, including trying to stack voting by allowing business owners in the council area (who may not even live in the area) two votes. Cyclists are being used as pawns in a political game where bike infrastructure is painted as a Greens folly ruining the city for law abiding car dependent voters. There are close ties between the state govt and radio shock jocks like Alan Jones who feed the anti cyclist rhetoric. And as a small minority, cyclists are easy to persecute.

The higher fines for cyclists were brought in along with the safe passing rules. Like some sort of quid pro quo, we are doing this for you so you have to do as we say or else. Duncan Gay also wanted registration for bicycles, which was howled down as absurd, but brought in a compulsory requirement to carry ID (since removed). The implication was that all cyclists are lawbreakers.

So what do we have now? A fine for not wearing a helmet at the same level as not wearing a helmet on a motorcycle, or a seatbelt in a car despite the obvious speed difference and therefore injury risk. $344. But the fine for riding a bicycle without a working brake which is far more risky is just $114. The fine for riding a motorcycle without hands on the handlebars, the same $114. Driving a car at night with no lights, $114. When these researchers say the fine for not wearing a helmet is not proportionate, it’s called stating the bleeding obvious. Will it change anything, no chance.

There is too much political investment to get a balanced approach to cyclists. NSW Labor and Greens support cycling in principle, so the conservative Liberals in govt oppose it. They talk about it in glowing terms, but their actions are the opposite. They built light rail in Newcastle, completely ignored the council plan for a cycleway along the route, so never allowed the room for it and now say it’s the council’s problem. They built it with known flaws hazardous to cyclists, when one died falling from their bike as a result they’ve just banned cyclists from the shared use section of the route. They would simply rather cyclists disappear. So anything that discourages cycling will be used.

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burtthebike replied to Philh68 | 4 years ago
1 like

Philh68 wrote:

There is too much political investment to get a balanced approach to cyclists. NSW Labor and Greens support cycling in principle, so the conservative Liberals in govt oppose it. They talk about it in glowing terms, but their actions are the opposite.

Now which UK party does that remind me of?  Oh yes, the tories, headed by the most notorious liar, cheat and hypocrite in the EU.

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CyclingInBeastMode replied to burtthebike | 4 years ago
2 likes

burtthebike wrote:

Philh68 wrote:

There is too much political investment to get a balanced approach to cyclists. NSW Labor and Greens support cycling in principle, so the conservative Liberals in govt oppose it. They talk about it in glowing terms, but their actions are the opposite.

Now which UK party does that remind me of?  Oh yes, the tories, headed by the most notorious liar, cheat and hypocrite in the EU.

What have Labour done for cycling in the last say 45 years, anything? What did they do to curb motoring, anything, say like increasing the fuel duty, oh wait, they froze it, maybe they increased the cost of buying a new car with a special VAT rate, nope, they introduced the scrappage scheme which cost the UK taxpayer £530M (£300M then £230M) for gods sakes!

Corbyn is two faced, a massive hpocrite who can't make his mind up which side of Brexit he is on and lives in la-la land with regards the economy, oh and his party have nothing more regarding cycling than the Cons have.

There was nothing under Blair/Brown and there was nothing under the Labour gov in the 70s either, cycling still had a chance in the 70s and was still very high as a mode of transport in the North where Labour had many, many strangleholds, even as late as the early 80s cycling for transport was as high as 24% in mid sized industrial town and in the city 22.5% (compared to 46% and 37% car journeys respectively). What did Labour do to keep cycling going in these areas that they controlled locally and previously nationally, I'll tell you what, NOTHING!

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ConcordeCX | 4 years ago
13 likes

Perhaps, in the way that motorists are made to attend better-driving courses, the offending cyclists should have to attend lectures where all the proven scientific and medical benefits of wearing helmets are explained to them. What's that, Sooty? There aren't any, you say?

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burtthebike | 4 years ago
7 likes

The aim of the original law, misguided as it was and enacted more because of emotion than fact, may have been to reduce harm, but it not only has clearly failed, according to this report it's being used as a cash cow and a tool of oppression.  Even more reason to resist the helmet zealots who are still trying to bring such a law in here in the UK.

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CyclingInBeastMode | 4 years ago
4 likes

MHL are unlawful, corrupt and come about due to not just ignorance but a deliberate failure to acknowledge and understand the root problem which is not difficult to grasp and the continuing issues that come up time and time and time again yers down the line. When you also pay/fund someone to keep coming up with 'research' that is full of holes (and is at odds with the actual statistics) it also shows there's negligence on the part of the politicians and a clear agenda that is discriminatory at the very least.

Using what is essentially a paramilitary force to uphold unlawful legislation is abhorrent, I was reading the other day on the 'Ask me why I don't wear a helmet' FB page how a mum in Aus had had her son dragged off his bike, punched and thrown to the ground by police because he didn't stop quite quick enough for them, all due to him not wearing a helmet. The child had to have councelling for years and simply gave up cycling, the mum stopped cycling also, it's just disgusting how this has become the norm were people doing nothing wrong are being targeted whilst others presenting harm  and doing harm to themselves are ignored/given a free pass.

 

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