Yes
1 event
2 claim
3 factual causation
this over-rides
In SA we have to contend with section 42 of the Civil Liability Act,
1936 which provides:
42—Liability of road authorities
(1) A road authority is not liable in tort for a failure—
...
Friday, August 19, 2011
Councils on notice
http://www.bv.com.au/general/join-in/42075/
Thursday, December 16, 2010
Sunday, December 12, 2010
Not "real" hazards
my eyes and only report "real" hazards.
Good luck seeing these in the rain!
Tuesday, November 23, 2010
Thursday, November 11, 2010
Re: Hazard - Victoria Square - Glass on footpath and bike lane - Pathway Ref # 1127942
To Adelaide Council
Cheers for the prompt response to the glass.
The street sweeper has cleaned up the glass in the bike lane, but...
... there is still glass on the footpath.
Please ensure this is removed before you close the report on your system
Regards
Road Repair Australia
Cheers for the prompt response to the glass.
The street sweeper has cleaned up the glass in the bike lane, but...
... there is still glass on the footpath.
Please ensure this is removed before you close the report on your system
Regards
Road Repair Australia
On 11 November 2010 14:01, City Email <city@adelaidecitycouncil.com> wrote:
Hi, thanks for your email advising of the hazard in Victoria Square. A report has been made and forwarded to staff to attend. Please note the reference number is 1127942.
Mezzanine 25 Pirie Street
Adelaide, SA, 5000
T. (08) 8203 7203
F. (08) 8203 7116
From: Road Repair Australia
Sent: Wednesday, 10 November 2010 10:39 PM
To: City Email
Subject: Hazard - Victoria Square - Glass on footpath and bike lane
Hello
There is shattered glass on the footpath and in the bike lane in the south-east corner of Victoria Squ (heading South).
It has been there for a few days, and starting to spread down the road.
Regards
Administrator
www.roadrepair.blogspot.com
Wednesday, November 10, 2010
Hazard - service covers
There are numerous service covers around Adelaide CBD that are hazardous to cyclists (sunken over 30mm).
On example is King William, heading North, crossing South Tce (map attached).
One service cover is outside of the bike lane, but often pedestrians and parked vehicles force a cyclist outside of the lane and over the sunken cover.
Please attend to this cover. Please also review the streets for any service cover in the line of travel of a cyclist (up to 3 metres from the kerb to allow for passing parked vehicles AND BUSES).
A cyclist hitting a sunken cover, or avoiding impact, with change their line of travel.
There is a HIGH risk of collision from passing vehicles who do not expect the cyclist to move out into the road.
Regards
Administrator
www.roadrepair.blogspot.com
There is a HIGH risk of collision from passing vehicles who do not expect the cyclist to move out into the road.
Regards
Administrator
www.roadrepair.blogspot.com
Hazard - Stormwater cover - Murray Tce
Please repair the stormwater cover near the corner of Murray Tce and Morphette Roads
See photo and map attached.
--
Hazard - Victoria Square - Glass on footpath and bike lane
Hello
There is shattered glass on the footpath and in the bike lane in the south-east corner of Victoria Squ (heading South).
It has been there for a few days, and starting to spread down the road.
There is shattered glass on the footpath and in the bike lane in the south-east corner of Victoria Squ (heading South).
It has been there for a few days, and starting to spread down the road.
Saturday, November 6, 2010
Major legal win puts Councils on notice
From http://www.bv.com.au/join-in/42075/
Major legal win puts Councils on notice
3 March 2010. A highly significant court victory by a Melbourne bike rider has put local government under new pressure over the building of sub-standard bike facilities. "Fix it or you will be hit with large damages", is the message of the judgement.
Bayside City Council has to pay $229,000 damages to the rider as a result of the court decision.
The case involved a cyclist who in August 2005 was riding along the off-road bike path adjacent to Beach Road in Black Rock when his wheel came into contact with a bluestone retaining wall along the path.
The rider fell, striking a steel stanchion holding an 'Armco' safety barrier on Beach Road, and was seriously injured.
The 57 year-old recreational cyclist from the suburb of Parkdale sued Bayside City Council for negligence.
The matter was heard before His Honour Judge Coish in the County Court over five days. The plaintiff's lawyers, Wisewould Mahony, sought information on technical issues from Bicycle Victoria in preparing the case.
Evidence was presented on behalf of the plaintiff by Mr Andrew O'Brien, a traffic and road engineer, that the path did not comply with the requirements and recommendations of the AustRoads Standards or the VicRoads Cycle Notes.
Mr O'Brien told the court that the path design was deficient and that the combination of the bluestone edge on the path with the guard rail and posts was a "severe safety hazard".
He said that obstacles should be at least one metre from the path. At this location, with the bluestone directly abutting the path, there was zero clearance.
A suitable and safe treatment of the guard rail-shared path space could have been designed at minimal, if any additional cost, Mr O'Brien said.
Bayside City Council's expert witness, Mr Keith Mitson, a traffic engineer, expressed the opinion that the hazard in question did not increase the overall journey risk to the cyclist because frequent hazards existed on almost any cycle path.
The council said in evidence that the path was originally constructed in 2000 when the council's engineering services were outsourced. The bluestone retaining wall was added a short time later to prevent water and soil coming on to the bike path.
Bayside submitted that the crash was a 'freak' accident and that the risk was 'far fetched and fanciful'.
The Judge found that the council has breached its duty of care and awarded damages to the rider.
Further details of the technical issues revealed in this case will be added to the relevant section of this website soon.
Cycling hazard - Behind Wayville Showgrounds
To Unley Council and DTEI
dtei.enquiriesadministrator@sa.gov.au, pobox1@unley.sa.gov.au
Please identify which authority needs to be advised of this hazard to see it removed.
Your prompt response would be appreciated.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Copied From Adelaide Cyclists...
http://www.adelaidecyclists.com/forum/topics/unley-council-bike-lane-has-a
Attached are photos at either end of the bike track past the showgrounds. The first two are at the northern (Rose Tce) end. An easy improvement at this end would be to paint white lines across the footpath from each of the bollards to the ramp. The chain is on the left in the first as you approach the path. The second is the reverse view - I temporarily hung a small bag on the chain to show it up in the photo.
The southern end has two bollard-bases to miss. Easy in daylight. There is a light on the corner of the building here, but haven't been through at night to see if it works or is effective.
dtei.enquiriesadministrator@sa.gov.au, pobox1@unley.sa.gov.au
Please identify which authority needs to be advised of this hazard to see it removed.
Your prompt response would be appreciated.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Copied From Adelaide Cyclists...
http://www.adelaidecyclists.com/forum/topics/unley-council-bike-lane-has-a
Attached are photos at either end of the bike track past the showgrounds. The first two are at the northern (Rose Tce) end. An easy improvement at this end would be to paint white lines across the footpath from each of the bollards to the ramp. The chain is on the left in the first as you approach the path. The second is the reverse view - I temporarily hung a small bag on the chain to show it up in the photo.
The southern end has two bollard-bases to miss. Easy in daylight. There is a light on the corner of the building here, but haven't been through at night to see if it works or is effective.
Wednesday, November 3, 2010
Cromer Pde - Third report - Overhanging Trees and road surface faults
first report (30 Sept 2010):
http://roadrepair.blogspot.com/2010/09/fwd-hazard-cromer-parade.html
Second report (5 Oct 2010):
http://roadrepair.blogspot.com/2010/10/hazards-cromer-prd.html
The overhanging trees force a cyclist to ride 3 metres from the kerb, putting them at risk of collision from passing vehicles, or causing aggravation from drivers having to drive slowly behind the cyclist.
The road surface is very bad (patches and potholes), with many places having a dip or bump exceeding 20mm. This is not appropriate for a cycleway as road surfaces with excess of 20mm faults cause damage, risk injury, and puts the cyclist at risk of collision from passing vehicles not expecting the cyclist to change their line of travel to avoid impact, or as a result of impact with a road surface fault.
Unley Council is now liable for any injury or damage claim in regards to this road.
A case for liability can be presented in regards to any road in the Unley Council district as the lack of action to address hazards would be "Factual Causation" in the event of a claim on any road.
Don't shoot the messenger - remove the hazards or accept liability.
Friday, October 29, 2010
Vision for Unley
See if your "vision" can spot the two potholes reported on 30 Sept that have not been fixed
http://roadrepair.blogspot.com/2010/09/hazard-victoria-st-near-railway.html
Today I see your poster with "Vision" as the tag line posted 2 metres away from one of the potholes.
See if your "vision" can see the Mike Turtur Bikeway signs that have been erected since I reported the holes
See if your "vision" can also see the newly painted bikes painted on the road, either side of the pothole.
Yes. the Vision for Unley council is clear.
--
Wednesday, October 20, 2010
Hazard priority - Unley Council - Railway Tce Sth
To Unley Council, BISA and BikeSA
(Posted on http://roadrepair.blogspot.com/)
The potholes on Railway Tce South were REPORTED 3 WEEKS AGO.
http://roadrepair.blogspot.com/2010/09/hazard-railway-tce-south.html
No action has been made to remove the hazard, yet this week new BICYCLES SIGNS were painted on the road!!
There is no logic to this.
It is both a waste of council resources to be painting signs on a road that needs to be re-surfaced,
AND making council liable for any claims of injury or damage (look up Factual Causation).
Reports about potholes on this road date back to APRIL 2010
See
http://roadrepair.blogspot.com/2010/04/railway-tce-sth-video-footage.html
AND
http://www.adelaidecyclists.com/forum/topics/new-wheels-pot-holes-and-space
(Damage to bicycle)
Your combined thoughts in this regard are of interest.
Hazard - Repeated - Grass cuttings in bike lane - Anzac Hwy
There is grass cuttings piled up in the bike lane from Brighton Road to Morphett Rd (North Side). See attached photo.
Traffic Management has been advised (1800 018 313) and a crew is attending.
Council has been notified of this danger previously
http://roadrepair.blogspot.com/2009/09/hazard-anzac-highway-grass-cuttings-in.html
A cyclist riding in the grass will fall as the grass cuttings are slippery.
A cyclist avoiding the grass will be struck by a passing vehicle who would not expect the change in line of travel.
I believe council should be reprimanded for this action.
Hazard priority
pobox1@unley.sa.gov.au
I reported this hazard on 30 Sept 2010
http://roadrepair.blogspot.com/2010/09/hazard-victoria-st-near-railway.html
New painted bikes on road yesterday! Nice Mike Turtur signs too!
I am interested in your explanation of the priorities for work.
Please contact me in this regard.
Sunday, October 17, 2010
Glass on bike path - James Conglon Rd
To West Torrens Council csu@wtcc.sa.gov.au
Please clean up the broken bottle glass on the bike path (off road) on James Conglon Rd, West side, heading North.
Please clean up the broken bottle glass on the bike path (off road) on James Conglon Rd, West side, heading North.
Here is the google map link
Hazard - Moss Ave Richmond 80mm square edge
To West Torrens City Council csu@wtcc.sa.gov.au
Moss Ave has been resurfaced, but the service cover (unidentified) has not been raised. (See attached photo and map)
There is an 80mm square edge that will damage a bicycle or cause a fall.
A cyclist avoiding this hazard is at risk of impact with a passing vehicle not expecting the cyclist to change their line of travel.
Thursday, October 14, 2010
Fwd: Repeated hazard report - Kildonan Ave
From: Road Repair Australia
Date: 14 October 2010 21:27
Subject: Repeated hazard report - Kildonan Ave
To: Council - Marion
To Marion Council council@marion.sa.gov.au
This hazard has not been removed (as at 14 Oct 2010).
It was previously reported 23 August 2010
http://roadrepair.blogspot.com/search?q=kildonan
In the event of injury or damage Marion Council is liable as the lack of action will be Factual Causation.
Date: 14 October 2010 21:27
Subject: Repeated hazard report - Kildonan Ave
To: Council - Marion
To Marion Council council@marion.sa.gov.au
This hazard has not been removed (as at 14 Oct 2010).
It was previously reported 23 August 2010
http://roadrepair.blogspot.com/search?q=kildonan
In the event of injury or damage Marion Council is liable as the lack of action will be Factual Causation.
Re: Hazard - Low bushes - Raglan Ave
A Big Hearty THANKS for your quick response.
http://roadrepair.blogspot.com/2010/10/hazard-low-bushes-raglan-ave.html
There are times that my efforts seem a waste of time. I have been called "Bogus" and "Un-Australian". More recently a friend told me i was a winger, and someone on a cyclist forum told me I was "Wasting the time of authorities".
Cycling home tonight, seeing the great job Marion Council had done tidying up the trees, I felt that maybe my efforts are not in vain. Sadly other cyclists will not recognise yours and my efforts to improve their ride.
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&
On 11 October 2010 11:44, @marion.sa.gov.au> wrote:
Thank you for raising your concern with Council in regards to the pruning
of the trees along Railway Terrace, Edwardstown.
A Customer Service Request has been raised and placed on a maintenance
schedule to be carried out as soon as possible. Your reference number is
10224966.
If you have any further queries please contact Customer Service on 8375
6600.
Kind regards
Administration Officer
Open Space Services
(08) 7420 6443
From: Road Repair Australia
Sent: Saturday, 9 October 2010 17:27
To: Council - Marion <council@marion.sa.gov.au>
Subject: Hazard - Low bushes - Raglan Ave
To Marion Council
Heading Nth East on Railway Tce, the trees are very low where the bike path
goes onto the footpath. (Map and photo attached)
In addition to impact hazard, the visibility is poor, which nearly caused
an accident with a pedestrian.
Please trim the trees to a height greater than 2100mm. This is the height
of the top of a helmet of a cyclist who is 1950mm tall.
Regards
Administrator
www.roadrepair.blogspot.com
www.roadrepair.wikispaces.com
Saturday, October 9, 2010
Stormwater Drain Danger for cyclists - Aust Post Car Park
As at 9 October they have not removed the hazard.
Further to this the Real Estate Services have stated "in their view Aust Post bears no liability" and "Accordingly, no financial contribution will be made".
This is not the view of their litigation department who is seemingly more approachable.
Hazard - Broken and raised road surface - Bikeway
To Marion Council council@marion.sa.gov.au
The road surface at the base of this tree is rough and irregular by greater than 40mm.
Map and Photo attached.
This road is a bikeway.
To avoid the surface a cyclist has to move 2 metres out from the kerb.
This will cause impact with a passing vehicle not expecting the cyclist to change the line of travel.
Impact with the road surface will cause damage, injury, risk of a fall or impact with passing car.
The road surface at the base of this tree is rough and irregular by greater than 40mm.
Map and Photo attached.
This road is a bikeway.
To avoid the surface a cyclist has to move 2 metres out from the kerb.
This will cause impact with a passing vehicle not expecting the cyclist to change the line of travel.
Impact with the road surface will cause damage, injury, risk of a fall or impact with passing car.
Friday, October 8, 2010
Hazard - Low bushes - Raglan Ave
Heading Nth East on Railway Tce, the trees are very low where the bike path goes onto the footpath. (Map and photo attached)
In addition to impact hazard, the visibility is poor, which nearly caused an accident with a pedestrian.
Please trim the trees to a height greater than 2100mm. This is the height of the top of a helmet of a cyclist who is 1950mm tall.
Tuesday, October 5, 2010
Hazards - Cromer Prd
In addition to the recent report on hazards on Cromer Prd
http://roadrepair.blogspot.com/2010/09/fwd-hazard-cromer-parade.html
... there are also trees overhanging onto the road.
The overhang forces a cyclist out 2 to 3 metres from the kerb. This puts the cyclist at risk of an injury from collision with a passing vehicle not expecting the cyclist to change their line of travel.
I saw a contractor working there last week and hoped that they were going to clear the trees overhanging onto the road.
Unfortunately they only worked on the train-line side (see photo).
I would appreciate some feedback on the timeframe you expect to remove the hazards of both the potholes reported on 30 Sept and the overhanging trees.
Monday, October 4, 2010
Hazard - King George Near Whyte
Thank you for fixing the hole on Whyte St.
Attached is a hole just around the corner on King George.
The square edge will cause damage to a bicycle, or cause a collision with a passing vehicle not expecting a change of direction from a cyclist avoiding impact.
Thursday, September 30, 2010
Fwd: Glass in bike lane - 2 locations
Subject: Glass in bike lane - 2 locations
To: council council@marion.sa.gov.au
To: council council@marion.sa.gov.au
Hello
There is a lot of glass in the bike lanes at the following 2 locations:
Sturt road, North side, west of Morphett Rd (heading East). There are muliple instances but mainly around Straun Ave.
Seacombe Road, From Morphett Rd to Diagonal Rd
Please advise me if this is NOT the responsibility of Council.
Preferably, please pass on the notice of the hazard for prompt actioning.
Hazard - United Water cover - Railway Tce Edwardstown/Plympton
Attached is a photo and map of a service cover that is sunken by more than 30mm.
This is on a bikeway, near a corner, AND approx 1 metre from the kerb (in the path of a cyclist).
Impact will cause injury or damage.
Going around it will cause collision with passing vehicle not expecting the change of path of travel.
Please remove the hazard.
Hazard - Dunbar Tce
To Holdfast Council
Please repair the road on Dunbar Tce.
There is a photo and map attached, however this road has many potholes and road surface faults exceeding 20mm.
Unley council refusing emails regarding hazards
To Unley Council
I have tried to email you a photo and description of a hazard on Victoria Parade (near Railway Crossing) and this is the reply I received:
553- The City of Unley has quarantined the email from your
553- site as your IP address has been known to source mail
553- mail of little or no informational value or relevance
553- to this organisation. If you think this is incorrect,
553- please let us know by fax to +61 8 8271 4886.
553 Thankyou. (state 14).
553- site as your IP address has been known to source mail
553- mail of little or no informational value or relevance
553- to this organisation. If you think this is incorrect,
553- please let us know by fax to +61 8 8271 4886.
553 Thankyou. (state 14).
Please repair the road on Victoria Parade. It is NOT within 1 metre of the railway line hence is your responsibility.
Fwd: Hazard - Cromer Parade
To Unley Coucil pobox1@unley.sa.gov.au
There are multiple potholes in Cromer Pde.
This is a bike path and any uneven road surface from the kerb, to 1 mtr out from a parked car is a hazard.
This road has been reported before as a hazard. http://roadrepair.blogspot.com/search?q=cromer
Lack of attention to this road is will be seen as Factual Causation in the event of damage, injury or related accident.
--
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