Fine and ban for Australian driver videoed hitting cyclist

Quick retribution for driver charged with failed to exercise "due care"

by John Stevenson   March 19, 2014  

Queensland driver hits cyclist 04.png

The driver who was caught on video tail-gating and then hitting a cyclist in Brisbane Australia last week was yesterday fined and disqualified.

The 25-year-old woman was driving through a junction on Klump Road, south of Brisbane, when she hit the 56-year-old male cyclist.

The incident was caught on video by driver Andrew Ison who provided the victim with a copy of the footage.

The driver was subsequently charged with driving without due care and fined $600 (about £330) and banned from driving for three months.

The rider was treated for minor injuries at Brisbane’s Queen Elizabeth II Hospital.

27 user comments

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"She should hang!"

In 3...
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posted by Nick T [806 posts]
19th March 2014 - 13:42

20 Likes

I'm surprised about the speed (pun intended...) with which the Australian justice system moved! How long would this have taken in the UK?

posted by jacknorell [349 posts]
19th March 2014 - 13:43

43 Likes

Full credit to the driver who was filming this. Stopped, presumably assisted, and certainly provided evidence. Gives one hope...

posted by maldin [35 posts]
19th March 2014 - 13:43

51 Likes

Well done Queensland. In the UK that would have taken months, followed by a £100 fine and telling the cyclist off for not riding closer to the kerb.

It worries me that unless the video evidence is 3rd party it counts for little, or so it would seem here in the UK.

'It's the closest you can get to flying'
Robin Williams response when asked why he enjoyed riding so much

posted by Simmo72 [301 posts]
19th March 2014 - 13:48

52 Likes

Cudos to the Aussie judicial system in how they dealt with this and the speed as well. As we all know the CPS here would have not bothered charging the guilty party.

giff77's picture

posted by giff77 [1051 posts]
19th March 2014 - 13:56

37 Likes

A reasonable result for once

posted by sfichele [99 posts]
19th March 2014 - 13:59

31 Likes

Astonishing. Isn't this what the police here describe as no evidence?

Perhaps this is the flip side to their anti-cycling helmet laws...

nowasps's picture

posted by nowasps [246 posts]
19th March 2014 - 14:14

26 Likes

So just why can't the UK legal system work so quickly, I had to check the date on the video several times. Just couldn't believe it was last Thursday! At Wits End

posted by mlimburn [20 posts]
19th March 2014 - 14:19

38 Likes

...and why I am going to buy a Fly6 camera once they productize it

posted by massspike [32 posts]
19th March 2014 - 14:35

33 Likes

The penalties sound about right. The justice system was quick and efficient and it's worth noting the public-spirited actions of the person in the vehicle with the camera probably helped the case along.

OldRidgeback

posted by OldRidgeback [2195 posts]
19th March 2014 - 14:37

20 Likes

I think you'll find most Aussie cyclists think this is a light sentence for the evidence presented.

posted by Hugor [2 posts]
19th March 2014 - 15:12

24 Likes

No, but hand back her driving licence and not bother retrieving it would be nice.

posted by oldstrath [146 posts]
19th March 2014 - 16:01

22 Likes

Really? Reasonable? Ok better, perhaps than in the UK and certainly good that the film was put to good use (props to the driver as well); but how is this not attempted murder? In three months time Australian cyclists can look forward to this nutcase being back on the roads! How is that reasonable? People have died from less dramatic incedents. I highly doubt that anyone outside the cycling industry is paying any attention to this story, and if they are, what are they to learn about the effects of endangering some one's life. Yet another judiciary system demonstrates the value of individual safety.

jackclark89's picture

posted by jackclark89 [9 posts]
19th March 2014 - 16:09

48 Likes

Jings, I thought that was going to be a stop-start bimp but it's a real rolling bump takedown isn't it?!I'm with the Australians on this, would prefer a year out of the driver's seat for this one.

Great work getting anything done and so fast though.

posted by vbvb [237 posts]
19th March 2014 - 16:20

30 Likes

jackclark89 wrote:
... but how is this not attempted murder?..
Because it is not a premeditated attempt to kill someone. Unless you can prove that the driver conciously went out that morning specifcally to kill a cyclist. Is that what you are saying?

If it is not premeditated, it is manslaughter if they die (inherently there is no such thing as attempted manslaughter).

It is stupid, careless, crap driving. It should result in a fine and a ban.

That happened. I dont see what the problem is (other than disputing the amount of fine, and amount of ban, which is fair enough).

posted by edster99 [164 posts]
19th March 2014 - 17:06

22 Likes

jackclark89 wrote:
Really? Reasonable? Ok better, perhaps than in the UK and certainly good that the film was put to good use (props to the driver as well); but how is this not attempted murder? In three months time Australian cyclists can look forward to this nutcase being back on the roads! How is that reasonable? People have died from less dramatic incedents. I highly doubt that anyone outside the cycling industry is paying any attention to this story, and if they are, what are they to learn about the effects of endangering some one's life. Yet another judiciary system demonstrates the value of individual safety.

Unless you can actually categorically prove that it was deliberate, then the outcome can only be described as reasonable imo. It was without question a shite piece of driving and deserved to land the driver in court, which it did.

Unfortunately the original video has no sound, so you cant hear whether the Audi driver is accelerating or over-revving the engine or beeping at the cyclist. Without that it's hard to prove intent. The footage also shows the Audi at a constant speed, imo, it doesnt appear to be accelerating when it clips the cyclist, again, it's gonna be hard to prove intent given that.

To me it looked like incompetent driving.

Was the outcome "reasonable", maybe not? But when compared to this case where a cyclist was killed and dragged along for 90m and the driver received a £35 fine it's certainly more "reasonable"

http://road.cc/content/news/73826-taxi-driver-fined-%C2%A335-3-points-hi...
http://www.theguardian.com/uk/2013/jan/18/taxi-driver-fined-cyclists-death

posted by sfichele [99 posts]
19th March 2014 - 17:14

32 Likes

I'm quite shocked that people seem content with the punishment of this incident just because it was dealt with quickly. 3 months ban and a small fine for almost killing someone and in such a blatant way as well? Not good enough!

posted by Btester2 [7 posts]
19th March 2014 - 22:46

31 Likes

Should have been a full one year ban and AS$3000 fine plus crushing of car and re-test once ban over. She could have easily killed the cyclist.

Airzound

posted by Airzound [286 posts]
20th March 2014 - 0:32

33 Likes

On-the-spot fines from police give the person the option of contesting in court or accepting the penalty offered. If it went to court it would take months and cost a lot more without any guarantee of a conviction. She would have assessed that a court battle would get ugly.
I suspect the police acted swiftly because of the media attention this incident received plus the video came from a third-party with, probably, a witness statement.
It will be more of a litmus test to see what happens to the other incident in Sydney where a SUV managed to hit six cyclists on a multi-laned road in broad daylight or the incident in Adelaide where a lady cyclist died - both on the same weekend.

posted by centurion48 [13 posts]
20th March 2014 - 2:15

12 Likes

could have gone to court and used the "the honest and reasonable belief" that the manoeuvre was safe defence

http://www.theaustralian.com.au/news/cement-truck-driver-luke-stevens-fo...

same state last year - there was a recent Queensland State Parliamentary Enquiry into cycling following a spate of deaths and if you want to read 200pages here it is - the recommendations are all very specific -
http://www.parliament.qld.gov.au/Documents/TableOffice/TabledPapers/2013...

A serious injury case same state were driver received a very inappropriate fine is subject an on going complaint with the police and is possibly one reason why action was very swift

http://www.brisbanetimes.com.au/national/cyclist-hit-by-car-challenges-p...

could argue that the driver of the Audi should do a retest but if tests in Queensland are same as Victoria being aware of road users that aren't vehicles doesn't really feature

posted by antigee [150 posts]
20th March 2014 - 4:03

17 Likes

What an absolute mong. Is it clear whether she did it on purpose or simply doesn't know how to drive?

posted by jazzykoenig [16 posts]
20th March 2014 - 12:33

12 Likes

" She could have easily killed the cyclist."

On an emotional level I completely agree.

On a 'whats the logical conclusion to that approach' level - totally not.

You could say 'you went out driving today and you could have easily killed 15 cyclists', and it would be true. But I didn't, not even one of them. So why would you put me in jail and lock away the key for something I could have done, but didn't? Surely the punishment should fit the actual crime, not the 'possible' crime?

I'd say the issue is that currently the punishments don't fit the actual crime in all but a tiny handful of cases.

posted by edster99 [164 posts]
20th March 2014 - 13:19

10 Likes

jackclark89 wrote:
Really? Reasonable? Ok better, perhaps than in the UK and certainly good that the film was put to good use (props to the driver as well); but how is this not attempted murder? In three months time Australian cyclists can look forward to this nutcase being back on the roads! How is that reasonable? People have died from less dramatic incedents. I highly doubt that anyone outside the cycling industry is paying any attention to this story, and if they are, what are they to learn about the effects of endangering some one's life. Yet another judiciary system demonstrates the value of individual safety.

Because some people have got so used to being treated like shit they think a pathetic 3 month ban and a fine is sufficient when it isn't.

posted by northstar [1101 posts]
20th March 2014 - 14:56

23 Likes

Good points: quick result, there was actually a punishment.
Bad points: 3 months isn't enough IMO. I reckon there's a serious question about whether this person should be driving. A year + a retest at the very least I reckon.

jackclark89 wrote:
how is this not attempted murder?

Are you really saying you can't see the difference between a terrible driver knocking someone off despite not necessarily intending to do so (which is what you've got unless you can prove intent*), and actually murdering someone? In other words, that we don't need manslaughter because it's always murder?
But I think to a certain extent it doesn't matter whether she meant to or not- she knocked the guy off in broad daylight, despite clearly knowing he was there. The best thing you could say is that she wasn't paying attention or can't control the car properly, and the worst is that she did it deliberately. Either way she shouldn't be driving.

*IANAL

posted by Chuck [372 posts]
20th March 2014 - 15:19

8 Likes

I would just like to say: Andrew Ison, Sir, you are a star, a caring human-being with actual provable facts about this incident.

Thank you for involving yourself. I am sure that it cost you some irritation in dealing with various people.

It is humans like you that restore my faith in all of us.

In short: thank you Andrew Ison.

posted by Ush [390 posts]
21st March 2014 - 3:37

8 Likes

There is no doubt that there are some " Christians " still using the roads ! One such as rendered assistance to a Cyclist , thus allowing him to be able to gain some recognition of the injuries suffered ! After months of reading of " COWARD PASS (hit & run ) incidents , many still unsolved , it is perhaps the start of Jo Citizen helping each other ?

Andrew Ison deserves to be recognized in the June Awards , for "Public Spirited Action ", no doubt the Politicians will think otherwise ?

As to the driver's behaviour , if the UK 's AA report is to be believed , then she is part of the 93% , that think that " SMIDSY " will suffice for ineptitude ! had it been a Guy , then many could quite rightly think that it was at least a " Punishment Pass " ! I doubt manslaughter would stand the test ?

Had the woman been driving a Company Vehicle and a Death occured , Cyclists should have the hope that " Corporate Manslaughter " would have been considered , thus involving her Boss/Transport Manager ! Too many incidents of "Punishment Pass " occur in vehuicles displaying " Ads " , and all that happens is the driver turns it in and takes out another without too much " fudging " about the circumstances ? It seems that too many Companies employ drivers who are allowed access to any vehicle without the " Company Training" that SHOULD emphasise the requirement by the Employer for " THEIR GOOD REPUTATION " to be maintained no matter how much time is lost by DRIVING CORRECTLY as dictated by the ROAD LAWS !

Would hope the woman appeals the Penalties levied , then a Public Spirited Magistrate , doing his JOB CORRECTLY , will be able to give a " Suspended Sentence of multiple years " and cash penalty of $A6000 and 5 year suspension with SEVERE Retest ! NOTHING like sending the CORRECT Message to anyone else of the 93% whose Lawyer considers SMIDSY as a defence !

https://www.facebook.com/pages/Vision-ZERO-Worldwide/540123632761709

https://www.facebook.com/pages/93-of-Motorists-cant-see-Cyclists/5158553...

Having spent 2 weeks riding to & from the Tirreno-Adriatico ProWorld Cycle Race , i lack any sympathy for those Racers there , who have seen fit to ignore the fact , that their necks are at risk when training on the roads ! When you consider that BRIGGO's reward for winning the 2012 TDF & Gold in the Olympic ITT , was being skittled & hospitalised by a neighbour , it comes as a disappointment to see NO EVIDENCE that any of thosse Racing have wrned their FANS of the dangers on the Roads !

Each Team received a copy of the Italian & French Version of the " 1 1/2M safe Pass Placard " , so NO EXCUSES for lack of thought for THEIR FANS !

AS for those Ostriches of the UCI , adopting the tactics of the Mc quack era , ignoring the Opportunity to create an UMBRELLA Org. for ALL Cycling Safety Org.s , when will they realise that DEAD Pro Racers as a result of Road Training , do not contribute to resurrecting their reputation ?

TODAY is already TOO LATE for Too many !

Skippy(advocate for "Disabled / Para Sport")@skippydetour. blogging as skippi-cyclist.blogspot & Parrabuddy.blogspot currently on the road with ProTour Grand Tour Events .

skippy's picture

posted by skippy [383 posts]
22nd March 2014 - 8:47

8 Likes

I'm finding it hard to understand how this could be considered anything other than a deliberate act by the driver based on the video. She follows the cyclist for 8 seconds of so; no feasible argument that she didn't see him. She then inches closer and closer until she makes contact with his wheel; no feasible argument that this was accidental. It cetrainly looked to me like a deliberate collision at least and given the circumstances it's not too hard to make the leap to a charge of attempted murder.

Punishment far to lenient in this case.

posted by Matt eaton [395 posts]
24th March 2014 - 16:58

5 Likes