Road Racing Crisis

Police sanctioning of Road Racing on Roads and Road Related areas withdrawn.

Not surprisingly, there is a lot of information circulating about this topic. Unfortunately some of it is misinformation. I will therefore try to put this matter into correct perspective. From the outset, let me say that this has nothing to do with new legislation, the culprit as I see it in this matter is once again "Insurance". I have read accounts where the authors have suggested that new laws in which bicycles are defined as vehicles, is the basis for this catastrophic development. Well that is simply incorrect.

Bicycles have been defined as vehicles since December 1999 when the NSW Traffic Act was repealed and the Australian Road Rules came into force. The following is an extract of Rule 15 of the Australian Road Rules:

Another Act which came into force that year was the Road Transport (Safety and Traffic Management) Act 1999. The appropriate section that concerns us is Section 40. The following is the appropriate extract from the Road Transport (Safety and Traffic Management) Act 1999:

40 Races, attempts on speed records and other speed trials

(cf Traffic Act, s 4B)

(1) A person must not organise, promote or take part in:

(a) any race between vehicles on a road or road related area, or

(b) any attempt to break any vehicle speed record on a road or road related area, or

(c) any trial of the speed of a vehicle on a road or road related area, or

(d) any competitive trial designed to test the skill of any vehicle driver or the reliability or mechanical condition of any vehicle on a road or road related area,

unless the written approval of the Commissioner of Police to the holding or making of the race, attempt or trial has been obtained.

Maximum penalty: 20 penalty units.

(2) The Commissioner of Police may:

(a) grant or refuse approval to the holding or making of a race, attempt or trial referred to in subsection (1), and

(b) impose any condition (whether of general or limited application) on the approval that the Commissioner considers necessary in the interests of public safety and convenience.

Note: Section 48 (1) of the Road Transport (General) Act 1999 provides that a person aggrieved by a decision of the Commissioner of Police under this subsection may apply to the Administrative Decisions Tribunal for a review of the decision.

(3) A person taking part in (or the organiser or promoter) of any race, attempt or trial referred to in subsection (1) must comply with any condition imposed on an approval granted under subsection (2) in respect of the race, attempt or trial.

Maximum penalty: 20 penalty units.

(4) If a person is convicted by a court of an offence under this section in relation to a motor vehicle or trailer:

(a) except as provided by paragraph (b)—the person is disqualified from holding a driver licence by the conviction and without any specific order of a court for 12 months, or

(b) if the court at the time of the conviction thinks fit to order a shorter or a longer period of disqualification—the person is disqualified from holding a driver licence for the period specified in the order.

Note: Section 26 of the Road Transport (General) Act 1999 provides for the effect of a disqualification (whether or not by order of a court).

(5) Any disqualification under this section is in addition to any penalty imposed for the offence.

(6) This section does not apply to any test of the slow running of a vehicle.

Now up to this stage the Commissioner has granted approval for road races as he is empowered to do by sub section (2) (a) above, however recently the Police Traffic Services Branch by way of delegation through the Commissioner, forwarded this matter on to the Crown Solicitors Office for comment. Whilst I have not seen any record of that comment, I would assume that the Crown Solicitors advised the Commissioner, that it was their opinion, that the Police Service might expose itself to litigation in allowing a bicycle road race to be conducted whilst the "field of play" was not sterile. In other words whilst other motor vehicles were traveling on the same course on which the race was being conducted. I do not have to make assumptions in relation to the outcome however, that has been widely publicised. Whilst there has been no formal written notification, Cycling New South Wales has received the following verbal communication:

	Approvals for events that are of a weekly nature, ie Club Racing on Open Roads be immediately withdrawn unless all other traffic can be excluded from the circuit for the duration of the event, ie total "Sterile" conditions. This means rolling road closures are not acceptable.
	Approvals already given for "one off" annual events will be allowed to proceed for this year only.
	Approvals that are in process or yet to be given for all other events will not be considered unless traffic can be excluded from the total circuit for the duration of the event.

Cycling New South Wales is in negotiation with with State and Federal Government, Police, RTA and Local Government in the hope to trying to resolve this issue. I would urge all road cyclists, triathletes and other interested parties to assist Cycling New South Wales in this regard through Media, Lobbyist in Government and Political areas and through personal direct representation. A coordinated approach needs to be conducted and I would urge that all efforts in this regard be coordinated through the CNSW office so that all are contributing and not being counter-productive to the significant effort that will be required to resolve this situation.

At 5:30pm on the 30th June, representatives from Cycling, Triathlon, NSW Police and Ministerial Staff met with Minister Watkins to resolve the issue of Road Racing and Triathlons taking place on NSW Roads.

The Minister had been well prepared on the subject and immediately expressed the wish to reach a speedy solution.
His hope was that Cycling and Triathlons continue in NSW and that every avenue be exhausted to see them take place as they have up until now.

Several options were suggested and all through the meeting there was unified agreement. Both Cycling and Triathlon presented their legal opinions which were sought to reinforce our arguments.

At the conclusion of the meeting Minister Watkins gave the assurance that his department would seek urgent legal advice on the options discussed.

At this point there is little doubt that Road Cycling will be continuing in NSW. The time scale in which this takes place and under what circumstances will evolve shortly. It was the Minister's view that this may be possible before the coming weekend and that it could be under conditions that we have all become familiar with.

Those attending the meeting on behalf of Cycling were, Ray Godkin, OBE (UCI), Tony Cook (Patron CNSW, VP Cycling Australia), Robert Bates (President CNSW), Tom Skulander (State Manager CNSW). CNSW would like to acknowledge the wonderful support of the former Minister for Sport Gabriel Harrison, who also attended.

The CNSW Office has received many many emails on this subject since sending out the notice on the matter last week. We thank those who have offered their support and helped to provide that extra bit of determination. We are not home and hosed yet but we feel that members should be more comfortable about the future.

Finally thank you to Minister Watkins and his staff for the speedy manner in which they have sought a resolution thus far.

Cycling NSW, Road Racing to Continue in a New Era
Following on from the assurance given by the NSW Minister of Police, Mr. John Watkins at a meeting held on Monday evening 30th June, Cycling NSW again met with NSW Police and RTA Representaives today in Parramatta. As of 4:00pm on Tuesday, 1st July, 2003, Cycling NSW, NSW Police Service and the RTA have reached an agreement which will see racing recommence this weekend.
Obviously an important part of this has been the Police's concern regarding litigation and the Police and RTA are now happy with their responsibilities in this regard and hence Road Racing will now continue in a new era in this state.
Cycling NSW will advise the Police of those localities where approvals for Club Racing have already been given this year so that the relevant Police Area Commands can be informed of this news.
Police and RTA have also agreed to allow other Open Events to proceed where approvals have already been granted.
As a means of coordination Club Officials are advised to contact Cycling NSW with their queries re their Club, Combined Club and Open Events, this particularly applies to events in the immediate future. Events that are "in the pipeline" will be treated with priority.
The conditions under which events have taken place in NSW will in most cases continue as they have in the past. The Police stressed however that they will not tolerate race participants crossing the "centre of the road" onto that part where vehicles travel in the opposite direction. Cycling NSW agreed that this could not be condoned and in our view has never been sanctioned at any point.
The RTA has been charged with the responsibility of formulating a NEW set of guidelines regarding Road Cycle Racing. Till now there has been no official specific guidelines regarding Road Cycle Racing available. Cycling NSW is looking forward to working with the RTA on this document and already models have been produced.
We believe that what looked to be a disaster a week ago has now been the catalyst for Road Cycle Racing to take on a new status which will produce safer and better Road Racing in NSW.
Once again we must thank the tremendous co-operation from Minister Watkins, his staff, the NSW Police Service and RTA. As stated previously the experience of Gabrielle Harrison has been an essential part of expediting this matter and we are very grateful for her assistance. The important contribution of legal assistance from Cycling Australia is also recognised.