How speeding cyclists are escaping fines
Cyclists caught in a police crackdown at Southbank Promenade have avoided having to pay hefty penalties because of a “loophole”.
Police & Courts
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Speeding cyclists charged during a police crackdown on pedestrian safety at Southbank have avoided paying more than $26,000 in fines.
Victoria Police charged 45 cyclists and scooter riders on summons for travelling over 23km/h – well above the 10km/h limit – along Southbank Promenade during a three-week blitz last year.
But the Bicycle Network has helped all 16 of its charged members successfully apply to the court to be dealt with by diversion, allowing them to avoid convictions and hefty $1652 fines.
Two riders were instead ordered to pay $50 into a court fund, while another had to pay $200 to the RSPCA.
The Herald Sun understands police targeted cyclists speeding at 23km/h or more because of a “purely discretionary” threshold chosen at the time of the blitz.
Under current road rules, police do not have the power to issue on the spot fines to cyclists nabbed speeding on a shared path.
Instead, all those caught flouting the law are charged, summoned to court and face a maximum penalty of $1652.
It has prompted the cycling advocacy group to call for the “flawed” laws to be made “proportionate”, saying speeding riders should be slapped with on the spot fines instead of being sent to court.
“Our court system is always under great strain and it’s extraordinary that magistrates’ valuable time is being spent on these matters,” Bicycle Network chief executive Craig Richards said.
“Imagine if every speeding infringement by a person driving a vehicle ended up in court? We’d need hundreds more magistrates.”
The Bicycle Network says riders busted exceeding the speed limit should not face “a more traumatic, expensive and time-consuming fate than a person speeding behind the wheel”.
“The fine for riding 12 kilometres over the speed limit on a bicycle is a whopping $1650, more than four times higher than if you drive 12 kilometres over the speed limit, and four times higher than a low-level drink driving offence,” a spokesman said.
Victoria Walks executive officer Dr Ben Rossiter said while the road rules should be reformed, there was “no excuse” for cyclists flouting the limits.
“The Government needs to close this loophole, but the fine should be the same if not lower than it is for speeding motorists,” Dr Rossiter said.
“We support the police taking action, but the financial penalty is a lot higher than it is for speeding drivers, which isn’t fair.”
Police officers fined another 33 riders for not wearing a helmet, and nine were fined for using unregistered scooters or skateboards.
A further 500 warnings were issued to cyclists and scooter riders.