Page 7 - Sound Rides January 2022

Stay safe on the road: What motorcyclists should consider
1. Assume car drivers can’t see you
Sorry mate, I didn’t see you (SMIDSY) – it’s a saying that has become an ac-
ronym because it’s said so often. And it's not okay. We’re advocating for bet-
ter driver awareness of motorcycles and their place on the road. Drivers need
to make a conscious effort to look for motorcycles, which are smaller than
cars, and get out of that mindset of only looking for cars. However, the reality is that, as a motorbike
rider, you should always assume drivers don’t see you.
2. Watch out for road works
Keep an eye out for road works or recently completed road works. Road authorities and their
contractors often leave roads in a state that’s safe for most vehicles, but inherently unsafe for
motorcycle riders. For example, large areas of loose gravel over the road can wreak havoc for
motorcyclists. If you have an accident caused by a road in disrepair, or because of the condition the
road is left in after road works, you may be able to make a claim against the road authority and the
contractor. There can be requirements to put road authorities on notice at an early stage of the
intention to bring a claim in these circumstances. It is best to seek legal advice.
3. Get as many car details as you can
It’s not uncommon for a driver to disappear before being identified. If an incident occurs, make a
mental note if you can of any details. Photos of accident scenes taken from phone cameras can be
important evidence down the track. You may be able to claim for injury compensation against the
insurer of an unidentified driver.
4. Know your rights and responsibilities
As road rules are regularly reviewed and updated, it's your responsibility to be aware of any changes
that concern you as a motorcyclist. For example, lane filtering laws are currently under review in parts
of the country, as are regulations concerning Bluetooth and camera devices fitted to helmets.
These rules can vary in each state, so check the road rules in a state you intend to drive in.
5. Had a motorbike accident? Seek legal advice
If you’re injured, it’s important to make an immediate claim with your state’s road accident
compensation scheme (the State Insurance Regulation Authority (SIRA) in New South Wales, TAC in
Victoria, Queensland’s Motor Accident Insurance Commission (MAIC), for example). The mechanics of
how these claims work vary from state to state, but you need to notify your state's road injuries insurer
and register a claim without any delay. It’s also important to seek legal advice for your claim – the
sooner, the better. At the very least, it’s worthwhile picking up the phone for some initial information
and advice about how to protect yourself in the long term if your recovery doesn’t go as you'd hoped.
There are steps you can take in those early stages to ensure your rights aren't impacted down the
track. Knowledge is power, so arm yourself with information about your rights and responsibilities as a
motorcyclist. by MALCOLM CUMMING
Lane Filtering: 24 December 2020 GOVERNMENT GAZETTE, WA 4821

130B. When rider of a motor cycle is lawfully
lane filtering:
(1) The rider of a motor cycle is lane filtering in
accordance with this regulation along a length of
carriageway if — (a) the motor cycle is not — (i) a 2-
wheeled motor vehicle with a sidecar attached to it that
is supported by a third wheel; or (ii) a motor vehicle
with 3 wheels that is ridden in the same way as a motor
vehicle with 2 wheels; and (b) the rider rides the motor
cycle between 2 vehicles, each vehicle travelling in —
(i) the same direction as the motor cycle; and (ii)
separate but adjacent marked lanes or lines of traffic.

(2) However, the rider of a motor cycle is not lane filtering in accordance with this regulation
along a length of carriageway if any of the following circumstances apply — (a) the rider is approaching
or riding on a children’s crossing, marked foot crossing or pedestrian crossing; (b) the rider is riding at a
speed of more than 30km/h; (c) the rider is riding in a school zone or shared zone; (d) the speed limit
applicable to the area or zone that the rider is in is 40km/h or below (or, in the case of a speed zone
that begins with a variable illuminated speed limit sign, the speed limit applicable to the zone when the
rider enters the zone is 40km/h or below); (e) the rider is riding on a freeway; (f) 1 or both of the
vehicles that the rider is riding between is a heavy vehicle; (g) the vehicles that the rider is riding
between are merging; (h) a “no overtaking or passing” sign applies to the length of carriageway within
the meaning of regulation 74(2); (i) the rider would not be permitted to overtake under regulation 75;
(j) it is not safe to do so in the circumstances; (k) the rider is riding under the authority of a learner’s
permit as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); (l) the rider is
riding in a roundabout; (m) the rider is riding in or next to a special purpose lane.
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