Cyclist Tom Arnaudon fined for taking photo of `dangerous’ RBT site
A cyclist was fined for using a mobile phone while riding after taking photographs of what he believed was a dangerous random breath testing site on an 80km/h road.
Central Coast
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When Thomas Paul Arnaudon saw three police cars blocking the cycling lane on Wilfred Barrett Drive, at Magenta, performing RBT duties he went home and called the Police Assistance Line.
He was directed to Wyong Police Station where the officer he spoke to told him to take a photograph of it.
By the time he got back to the RBT site on the southbound lane of the road at 10.30am on January 9 only one police vehicle remained.
He said he unclipped one of his bike shoes, stopped and took a photo of the police car on the other side of the road.
He said he then peddled slowly with one leg and took another photo before coming to a stop and taking a third photo.
Mr Arnaudon then spoke to the officer on the other side of the road who was conducting the RBT and said “you are causing a dangerous situation” to cyclists who had to pull out on an 80km/h road for more than 50m to get around the RBT.
The officer told him all he had to do was put his arm out and go around.
Another Highway Patrol officer, Senior Constable Michael Dawn, crossed the road and asked Mr Arnaudon for his licence and told him the conversation was being recorded on body worn video.
Documents tendered to Wyong Local Court on Monday state the officer said: “You’re just not allowed to ride with your phone in your hand”.
“The bicycle rider had his right hand off the handlebar holding a smart phone at chest height with the screen towards the rider and the rear of the phone towards a police officer on the eastern side of the road,” Sen Con Dawn said in his statement tendered in court.
“The rider came to a stop and was having a conversation with the officer on the eastern side of the road. I walked across the road and approached the male on the bicycle.”
Mr Arnaudon produced a licence and the Senior Constable told him he would be getting a penalty notice.
Mr Arnaudon contested the penalty notice, which carries a maximum fine of $2,200, telling the court he had lost three friends who had been hit and killed by vehicles while riding and that he had owned a bike shop.
In his letter to the court Mr Arnaudon said the officer refused to acknowledge his question.
“I asked him, did he not see the situation was dangerous for cyclists, he never replied to me even though I asked twice,” Mr Arnaudon said in the letter.
Mr Arnaudon also handed the court an email from the Central Coast Bicycle Users Group (CCBUG) who had contacted Gosford Labor State MP Liesl Tesch’s office on his behalf.
The email said CCBUG committee member Alan Corven had subsequently had discussions with a Chief Inspector from Brisbane Water Police who said he would work to include a cyclist safe passing space, wherever possible, in future RBT and random drug test sites.
Magistrate Caleb Franklin told Mr Arnaudon “two wrongs don’t make a right” in that he should not have used the phone to take a photograph of the police operation while riding but he was satisfied the 69-year-old had since taken lawful steps to air his concerns.
He dismissed the penalty notice without conviction.
Outside court Mr Arnaudon said cyclists were often the target of abuse from motorists and that there had been similar safety concerns regarding RBT sites on Brisbane Water Drive.
“It’s emotive,” he said.
“Unless you’re part of the (cycling) scene you have no idea what (abuse) we get,” he said.