Objects Thrown From Cars Was just looking at this gem on the Bicycle Victoria web site...
http://www.bv.com.au/change-the-world/10199/Thrown objects
You can report a vehicle that throws an object at you to the EPA litter report line. Visit the EPA website or phone 1800 35 25 55 for a litter report form.
I'd report stuff generally thrown from a car as litter to the EPA hotline, but I'm sorry, an object thrown at a cyclist in deliberate malice is assault and is a police matter. I can feel a letter to BV coming on this one, especially with all the riding I'm doing over there.
(Wrings hands. Grudgingly considers joining BV... :( )
Anybody disagree? ;)
m@- 05-05-2009
I agree entirely, and remember a similar comment (think it was from BT) when the Tasmanian gov't launched their littering report hotline.
I guess the Police are more likely to pursue an allegation of littering than of assault, probably because most people would cop a littering charge but fight an assault charge tooth and nail. It's normally a passenger that does the throwing, so you also have at least two people's word against one. And of course it would probably be pretty easy for them to get off by claiming they didn't see you...
Regardless, if I was actually hit or had something significant thrown at me (only had an apple core to date, and he missed by miles ;)) I'd be reporting it as an assault and pushing the cops hard to lay charges.
iguanaman- 05-05-2009
Generally, my experience of Melbourne has been much more cycle-friendly, anyway, but assault is assault. It doesn't matter if a person fights it tooth and nail, that's their right under the principles of natural justice, it's that BV's advice is clearly wrong, and in literal principle, is a perversion of the course of justice.
Influence by a 3rd party for a victim to reduce the severity of their complaint in order to increase the likelihood of a favourable outcome is prima facie perversion of justice. And no, a lawyer is an agent of one of the first parties, not a third party.
And I recognise I'm describing a "literalist" position, but BV is supposed to be representing Victorian (and a lot of other state) cyclists' interests, not angling for lots of petty prosecutions to prove a point. Assault is assault, it's a police matter and BV's advice is wrong.
As for the minor offence of apple cores, rather than bottles and bricks (yes, I once had to jump a brick that fortunately missed me), I've found nothing beats catching an apple thrower at the next lights. I know of one cyclist who took the keys out of the car and dropped them off at the nearest Police station.
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