17 May 2013
The Head of Department
Attention: Mr. ML Watters
Western Cape Department of Transport and Public Works
P O Box 2603
Cape Town 8000
By email: malcolm.watters@westerncape.gov.za

1 Our comments deal with the feasibility and desirability of the proposed regulations. We do not express an opinion on the issue as to whether the Provincial Government can make regulations which differ from and possibly contradict the National Road Traffic Regulations.

2 There are five main subjects that we intend to deal with. They are:

2.1 Passing distance of 1 metre instead of 1.5 metres: Regulation 2(1)(b).
2.2 Requirement to ride as close as possible to left edge of roadway: Regulation 3(1)(a)
2.3 Prohibition against carrying another person on a bicycle: (Regulation 3(2)(d)
2.4 Not riding abreast: Regulation 3(2)(b)
2.5 Requirements for lights: (Regulation 4)

Passing distance: (Proposed Regulation 2(1)(b).

3 In preparing this comment, we requested “the references or the material that indicate the “global practice” or evidence that indicates that “1 metre was more appropriate“”. No such material was provided to us. Minister Carlisle indicated that the his “law advisers, having applied their minds, requested that the distance” be one metre. He further indicated that traffic officials from the City agreed with the law advisers. We were further informed by Mr. Watters that this was decided by looking at legislation in the USA, where some states provide for a passing distance of three feet.

4 From the information provided there does not appear to be any reliance on scientific research in this regard. We note that the legislation considered was from the most car-orientated society in the world, the USA, and not legislation from cycle-friendly jurisdictions such as Europe. If the drafters had considered Europe, they would have noticed that the passing distance is 1.5 metres in Spain, France (outside cities) and Germany.

5 It appears to us that it was simply a matter of looking at what passing distance was legislated in a car-centric society. This is not an appropriate approach where accident statistics and other factors are not considered.

6 It would appear that the decision to choose 1 metre rather than 1.5 metre was more a matter of feeling, rather than based on any scientific research. If we are wrong in this regard, please provide us with the scientific evidence so that we can consider the validity and persuasiveness thereof and make further submission to deal with such evidence.

7 There is a difficulty with taking the route of feeling or simply taking a view: depending on who you consult, you will get the answer you want. Law advisers and senior traffic officials all drive motor cars. They probably drive motor cars every day to work. They are not the majority of the population is this province who do not have access to a private motor vehicle. Law advisors and senior traffic officials see things only from the perspective of motor vehicle drivers (who do not want to be delayed at all from not passing cyclists because a 1.5 metre safe passing distance is not available). The people that need to be consulted and considered are the commuting cyclists who ride at rush hour in busy traffic on commuting routes, as well as the people who would cycle to work but for feeling unsafe because motor cars pass too close.

8 South Africa and the Western Cape differ from the USA in the following respects:

8.1 Due to differences in other legislation and other factors drivers exercise more caution around cyclists and a wider passing distance is not necessarily required. Unlike in the South Africa, drivers in the USA are personally liable for damages caused by personal injury and death and have to carry compulsory motor vehicle insurance. There is no real disincentive in South Africa to causing personal injuries or death. The extremely high motor vehicle accident death rate in South Africa (208 per 100 000 motor vehicles) compared to the USA (15 per 100 000 motor vehicles) according to the WHO reflect that there is no real disincentive to causing accidents.
8.2 Conditions are different in those US jurisdictions, both in terms of road surface and wind. In the Western Cape a sudden gust of wind can easily cause a cyclist to move laterally a distance of one metre. See the video at http://www.youtube.com/watch?v=u8wtnBJOgdM (taken in Cape Town) at 1:30, which demonstrates this. Road conditions (such as potholes, missing man hole covers) can cause a cyclist to swerve or fall. A cyclist falling is at a real risk of being run over by a car passing at one metre, the risk is greatly reduced at a distance of 1.5 metres. Similarly a passing distance of 1.5 metres allows a cyclist a much better chance of recovering from a sudden gust of wind.

9 Ultimately the question posed is whether the benefits of a 1.5 metre distance outweigh the disadvantages. The only disadvantage is that in a small percentage of cases a car would have to wait to pass a bicycle. This small percentage of instances as insignificant against the increased risk of passing at 1 metre.

10 An additional factor to consider is not only the actual risk but the perceived risk. Many people are discouraged from commuting by bicycle because of the perceived risk. Motor vehicles passing at a distance of 1 metre at a differential speed of 40 metres is terrifying to many people.

11 We submit that draft regulation 2(1)(b) should be changed to one and a half metres.

Keeping as close as possible to the left (Proposed regulation 3(1)(a)

12 We are not aware of any legislation anywhere in the world that requires a cyclist to “keep as close as possible to the left edge of the roadway” (or right, depending on whether vehicles drive on the left or right). We have noted that some states in the USA require a cyclist to ride as far to the right (read left for SA) as “practicable“, with various exceptions (See Uniform Vehicle Code Section 11-1205(a).) This is very different from “possible”. Section 11-1205(a) only imposes this obligation on a cyclist who rides at “less than the normal speed of traffic”.

13 Even the law regarding the requirement to ride as far left as “practicable” has been validly criticised. We refer in the first instance to Bob Mionske, JD, Bicycling and the Law, 2007, ISBN-13: 978-1-931382-99-1. The author points out at page 57 that traffic officers and officers often misinterpet even the requirement of “practicable”.

14 The requirement to ride as far left as possible at all times is against the advice of all authoritative texts on safe cycling.

15 John Franklin Cyclecraft 4th ed, 2007, ISBN 978 0 11 703740 3, discussed this issue authoritatively at pages 85 to 91. This book formed the basis for the British National Cycle Training Standard. The author points out that the primary riding position is in the centre of the left most moving traffic lane. One should take the secondary riding position (to the left of the moving traffic, but not closer than 0.5 metres from the edge of the road) when your own safety is not thereby impaired. He points out the reasons for not riding far to the left: 1. One must ride in the zone of maximum surveillance of traffic from behind and crossing traffic; 2. The road surface is better; and 3. To prevent following drivers from passing you unsafely.

16 Robert Hurst The Art of Urban Cycling, 2004, ISBN 0-7627-2784-7, at page 75, advises to ride in centre of the [left] lane or in the [left] wheel depression, which he describes as the default position. He further points out (at page 74) that cyclists should never cycle within 3.5 feet [1.07 metres] of parked cars, because of the danger of car doors opening.

17 Richard Ballantine in Richard’s 21st Century Bicycle Book, 2000, ISBN 0 330 37717 5, gives the very clear and simple advice at page 233-234: “If the road or street is too narrow for overtaking vehicles to pass you with enough room, then ride back out in the centre of the lane. On a single-lane road do not let them pass until it is safe for you to do so.”

18 The danger in not doing so is illustrated by the following diagram from http://www.bikexprt.com/streetsmarts/usa/chapter2a.htm (remembering that it illustrates the situation where vehicles drive on the right hand side, not left hand side of the road):

19 We submit that before such a regulation is proposed one should review the scientific literature. In particular, the research of Dan Gutierrez and Brian DeSousa, which indicates wider passing distances where cyclists ride in the middle of the lane, should have been considered.

20 As far as we are aware there is no authoritative and reasoned case made out for a requirement to ride as far as “possible” to the left.

21 We submit that this provision should be deleted from the proposed regulations.

Not carrying another person: Regulation 3(2)(d)

22 This regulation seriously affect poor people’s mobility, without making it safer. There are many poor people in the Western Cape who transport children and others on their bicycles. Recreational cyclists are unlikely to be affected by this regulation.

23 The following photograph from Stan Engelbrecht and Nic Grobler, Bicycle Portraits, 2012, ISBN 978-0 620 52251-9, http://www.bicycleportraits.co.za, depicts the type of people whose mobility will be unfairly curtailed by this proposed regulation:

24 Even in an affluent country such as the Netherlands one often finds two, sometimes three children on a bicycle.

25 The effect of this regulation will be that poor people are denied compensation from the Road Accident Fund, as it will be found that they were negligent in riding with more than one person on the bicycle. Poor people will do so anyway, regardless of the regulations (out of necessity).

26 National Road Traffic Regulation 311(5) states: “No person riding a pedal cycle on a public road shall carry thereon any person, animal or object which obstructs his or her view or which prevents him or her from exercising complete control over the movements of such pedal cycle.” This regulations is reasonable, as it only restricts the particular activity that might be dangerous. Going further than this adversely affects poor people’s mobility unfairly and unreasonably.

27 We submit that this provisions should be deleted from the proposed regulations.

Not riding abreast: Regulation 3(2)(b)

28 This proposed regulation does not promote safety at all. It is also contrary to paragraph 2(b) of Article 16 of the Geneva Convention on Road Traffic 1949 and paragraph 1 of Article 27 of the 1968 Convention.

29 We know of no other jurisdiction that has this prohibition.

30 The proposed regulation serves no purpose. National Regulation 319 in any event prohibits the hindering or obstructing of traffic on a public road.

31 We submit that this provisions should be deleted from the proposed regulations.

Requirements for Lamps: Regulation 4

32 We know from personal experience that less than 1% of cyclists in poor neighbourhoods have lights, simply because they cannot afford it. Even where we have handed out free lights we find that the lights often do not work after a year because the cyclists cannot afford new batteries.

33 The reality is that poor commuting cyclists will not use lights, regardless of what is legislated. It will only serve to limit the claims of poor cyclists against the Road Accident Fund.

34 The National Regulation 178 recognised this, and permits lights, but does not require lights for bicycles.

35 We submit that the minimum requirements (if any) should be either a lamp (light), a reflector front and back, or reflective strips on clothing front and back.

Conclusion

36 The changes suggested above should be made so that cyclists are not less safe and worse off.

Stephen Hayward (Chair)
Lance Burger SC
for Pedal Power Association

Click here to read the original article on this issue

South Africa’s National Department of Transport is committed to getting more people to ride bicycles, more safely. This is one of the main objectives of the National Non-Motorised Transport Policy (draft 2008).

“The importance of this policy and its benefits to the future generation of this country cannot be overemphasised.  Through non-motorised transportation we are ensured an opportunity to improve quality of lives, energy conservation and a safe sustainable environment for all future generations to come.”

However, one of the main reasons why more people do not ride is because they are afraid of being injured or killed by a motorised vehicle. It is a simple as that.  We believe the K53 Manual and Driving License test should specifically include information on bicycles.

Sign our petition next time you come to the PPA Office, or sign the online version here.

Motorists will, however, be allowed to cross a solid median line if needed in order to provide the necessary gap between their vehicle and the cyclist, provided it is safe to do so.

The draft regulations also include that cyclists will be banned from using headsets or headphones while on their bicycle, although an exception would be made for cyclists using hearing aids.

How else would cyclists be affected? According to the draft legislation, cyclists will be required:

• To keep as close as possible to the left edge of the road;
• To fit and use effective front and rear lights when riding in hours of darkness and in limited visibility;
• To not ride on the right-hand side of a motor-vehicle proceeding in the same direction, except when passing that motor vehicle or turning right at the intersection; and
• To not ride next to another cyclist going in the same direction, except when passing that cyclist.

Since 2011, PPA has been campaigning for a 1.5-metre passing distance as we believe CYCLISTS STAY ALIVE AT 1.5m. At one point proposals for a 1.5m passing distance had been sent to the Provincial Legislature for approval.

In Europe there are minimum passing distances set in a number of countries: In France the rule is that motorists need to give cyclists a minimum of 1m in towns where the speed is lower, and 1.5m on other roads and when the speed is higher. Germany and Spain go for 1.5m.

Comments on the draft legislation can be sent before 24 May to the transport and public works head at malcolm.watters@western cape.gov.za or fax to (021) 483-2166.

KOOS ROUX MEMORIAL RIDE

There will be a memorial ride for Koos Roux, who died on Sunday after being killed in a hit-and-run on Bottelary Road, on Saturday 18^th May. Cyclists are asked to congregate at the Bellville Velodrome at 8am before heading out to Bottelary Road to the scene of the accident to lay flowers. The family has mentioned that Koos would have liked people who attend to wear their safe cycling jerseys in support. For more information please contact Morne on wptrack@hotmail.com

Funeral arrangements:

The funeral will be held at the NG Kerk Riebeek – Bellville at 15:00 on Friday 17 May 2013 – 2 Noord Straat, Crismar (c/o De la hay and Douglas Carr).

In seeded-category racing, all cyclists of similar ability will race together in one start group, irrespective of age i.e. whether you are an elite, sub-vet, vet, master or grandmaster. The exception is u/16 riders, who’ll ride in their own category irrespective of seeding.

The proposed categories are:

• Cat one: PPA A & B seeding

• Cat two: PPA C & D seeding

• Cat three: All u/16s

Prize money will be payable only in Cat 1.

Female cyclists can enter whichever category they qualify for, but the prize money for female riders will be paid where the bulk of the ladies are racing, with at least four female cyclists needed for prize money to be paid. If an equal number (greater than 4) of female riders race in both Cat 1 and Cat 2, then the prize money will be paid in Cat 1.

All league riders will be expected to hold valid CSA licenses. Riders in the u/16 category simply must be paid-up CSA members (no racing licenses needed).

There will be a pre-league qualifying hill climb before the first league event for riders who want to try to improve their seeding in order to enter the league.

As far as events are concerned, we are trying to incorporate as many events as possible into the league, and are at this stage talking to the organisers of: Tour de Worcester, Cyclelab Cape Cobra, Orange Anvil Nelson’s Creek, West Coast Express, PPA One Tonner, and Durbanville High. There is a further possibility that Die Burger may become a league event – we are talking to the organisers in this regard. Note that the u/16’s will race only where events have applicable distances, eg they will not ride the One Tonner.

While racing will take place during the season in the above-mentioned seeded categories, the age categories (elite, junior, sub-vet, vet, master) will be recognised at the end of the season.

As in the past, cyclists will have to specifically enter the league and obtain a league series number in order to start in either Cat 1, Cat 2 or u/16. For the Spring season, cyclists (who qualify on seeding) will be able to enter individual league events at an additional admin charge – in other words it will no longer be necessary to enter only the series as a whole. This will make it easier for visiting riders to participate in our league events. As in the past, riders must enter the league prior to the event.

Points will be allocated as in past seasons; the rider with the most points will top the leaderboard.

There will be a team competition with medals awarded at the end of the season. Team members must all ride in the same category. If a team has a potential member who just misses the seeding cut-off – do get him to ride the Hill climb to see if he can qualify for an upgrade!

A King of the Mountain competition will be introduced to Cat 1 at selected events, with a polkadot jersey awarded to the winner of each event. A winner’s jersey will be awarded to the points leader in Cat 1 after each event.

Service vehicles will be allowed for teams registered for Category 1, provided the vehicle is driven by a team manager holding a valid CSA team manager’s license. As in the past, there will be a limit on the number of service vehicles allowed, with the top 6 teams being allowed a vehicle.

COME AND TELL US WHAT YOU THINK
The proposed new racing structure will be discussed at the Summer 2013 leagues prize giving on Tuesday 12 May 2013, River Club, Observatory. We would love you to attend the prize giving and would appreciate your comments and constructive suggestions regarding the new leagues structure. For catering purposes and to ensure we have a big enough venue, please RSVP to leagues@pedalpower.org.za no later than 14h00 on Friday 10 May 2013.

Here’s to an action-packed Spring racing season!

Most of the routes take place on easy gravel roads and jeep/tweespoor. The 36km does have a few surprises with a few solid climbs but is not technical and is aimed at the intermediate MTB rider.

The route will start in the Country Club Golf Estate and will take the riders through the estate whereafter participants will cycle through Langebaan town and onto the beach at the Lagoon. Riders will have the opportunity to ride on the Beach Front for 2km and enjoy the beautiful scenery. There will be a water point on the beach.

On the way back to the Country Club, participants first have to deal with the “Black Mamba hill” which will be a tough climb, whereafter the riders will make their way back to the estate via jeep tracks.

When participants enter the country club again, they will do a last loop and another solid climb in the Country Club mainly on fast compacted roads in the estate and will thereafter make their way to the finish.

The 13km will be one loop in the Golf Estate primarily on fast compacted routes with one solid climb and downhill. While non-technical, this route will also be a challenge for the fun riders and beginners.

At the finish, refreshments will be offered and the lucky draw promises a good surprise of fun and prizes on offer. We also encourage participants and their families to relax for a while afterwards at the Country Clubhouse overseeing the beautiful Golf course.

DETAILS
Date: Sunday 21 April
Venue: Langebaan Country Club golf estate
Start time: 36km @09h00; 13 km @ 09h15
Entries: R80 – long route; R40 – short route
Pre Entry forms are available or entries on the day…

Enquiries: Mark on 084 221 5166 or email wcoaststeeringcom@gmail.com

Other festivities for the weekend include a marathon, trail run, hobie regatta, wakeboarding, golf day, Silver Falcons demonstration, Classic Car club showcase, fishing competition, fish braai, loads of product and food stalls, Mr and Miss Langebaan competition and more

“We understand that a case of culpable homicide has been opened. We further understand that the passenger on the same bicycle was taken to Victoria Hospital for medical treatment and is currently in a stable condition.”

As a protest against the incident, the PPA coordinated a silent protest on the morning of Saturday 6 April at the scene of the incident, and erected a ghost bicycle on the scene (see pics on our Facebook page).

PPA members and concerned cyclists at the silent protest on 6 April

Silent protest at Muizenberg

For the past 18 months, the Pedal Power Association has been actively campaigning to get a law passed in South Africa to make it compulsory for motorists to pass cyclists with a berth of at least 1.5m.

“It is very simple,” Hayward said. “Cyclists stay alive at 1.5m. This practice works well overseas, and in several overseas countries, motorists are indeed deemed guilty if they hit a cyclist, whether the cyclist was at fault or not.

Ghost bike left at the scene

“It is high time that this practice becomes law throughout South Africa, and the PPA will redouble its efforts to fight for the rights of cyclists on South African roads. But more importantly, the law needs to be enforced, and for that we call on the authorities to come onboard. It’s no use to have a law that protects cyclists, but drivers get away with killing cyclists.

“Just look at the logistics: A bicycle weighs a few kilograms. Add the weight of the cyclist. How can that stand up against a car, taxi or bus?

“South African drivers need to learn tolerance, and to share the road space. Take the way in which the fuel price keeps increasing. If you live up to 10 km from your work, cycling is the ideal way to commute to work, with both economic and health benefits thrown in. But that will work only if circumstances change in South Africa so that people feel safe to use the roads.”

According to current laws, bicycles are regarded as vehicles. That means cyclists – whether sports cyclists or commuters – have as much right to be on the roads as a car, taxi or bus. As a road user, the traffic laws need to be obeyed, and that it where cyclists too need to play their part.

No cycling on freeways

Amongst others, cyclists are not allowed to cycle on roads that are designated freeways, yet many of them regularly cycle on the M3/Blue Route or the M5.

“As soon as the blue ‘freeway sign’ is displayed, you are not allowed to cycle on that road until the freeway sign has been cancelled,” Hayward said. “The only time when you are, for instance, allowed to cycle on the Blue Route is during the annual Cape Argus Pick n Pay Cycle Tour when the outgoing lane is closed to traffic and specific permission has been obtained for cyclists to use the road. Riding within the road shoulder on a freeway does not ‘make it right’ and with cars travelling past at speeds in excess of 100km/h, is an accident waiting to happen for which the cyclists would only be able to blame themselves.”

Petition to include cycling awareness in K53

As part of the PPA’s Safe Cycling campaign, the Association has for the past month been collecting signatures in support of a petition which will be handed to the Department of Transport.

“Our National Department of Transport is committed to getting more people to ride bicycles safely. This is one of the objectives of the national Non-Motorised Transport Policy of 2008. The importance of this policy and its benefits to the future generations of this country cannot be over-emphasised,” Hayward said.

Through non-motorised transportation we are ensured an opportunity to improve quality of lives, energy conservation and a safe sustainable environment for future generations to come. However, one of the main reasons why more people do not cycle, is because they are afraid of being injured or killed by a motorized vehicle. The PPA is therefore calling for improvements to be made to the K53 Manual and Driving License Test to make bicycle awareness a core part of driver training and testing, with emphasis on how much space to give cyclists, how to safely interact with cyclists at intersections and how to safely overtake cyclists. The petition can be SIGNED HERE.

According to MEC Robin Carlisle, Minister for Transport and Public Works, the “1.5m” passing distance is set to become law in the near future, with the enabling decisions already having been taken by Cabinet.

- By Karin Pohl

The short route is fairly flat and meanders around the lower part of the farm. The medium and long routes include some tough climbs but all the serious climbing is done in the first half of the route so that you can relax on the second half. Both includes some easy single track (foot paths) made especially for this event. 

35 km: The 35 km route is aimed at fit, fairly experienced cyclists and includes some technical sections and fast downhills. This is NOT a route for a novice or unfit cyclist.

12 km:  The 12 km route is aimed at fit novice riders. It cuts out the steepest climbs of the 35 route but still includes some tough climbs. We do not recommend that u/12’s ride this route.

5 km: If you are new to off-road riding or unsure of your fitness level, rather enter the 5 km route, a friendly and non-technical route which will still provide a good workout. Male cyclists who are at all times accompanied by a child u/12 are welcome to enter the 5 km (while mom rides the longer routes!)