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Bicycle Helmets not recommend for use out in the sun. Adult fails to wear Helmet on a bicycle, resists Police, goes to court. Sentence: Appeal dismissed original sentence: Fine converted to unpaid community service of 40 hrs: loss of drivers license.
New higher court Appeal outline: Introduction:
Appellant claims the judgment is bullying, manifestly unfair, and unconscionable.
Legislation on enforcement of Bicycle Helmets ignores child safety laws s236cc Qld.
Sun exposure outdoors where most bicycling occurs, will cause significant harm to children if the recommended precautions go unheeded. Ware a hat a shirt and sun screen.
The recommended type of head ware for children's outdoor use is a wide brimmed hat. The design of some bicycle helmets includes a small shade, but it is a removable peak near the front, not what the expert witness claim is recommended for outdoor use in the state of Queensland.
Children's outdoor safety and the Criminal Code.
A breach of the Children's safety code is occurring each time a child is prosecuted for the offence of fail to use the Bicycle helmet outdoors. see s236 cc Qld
Enforcing the use of head-wear (on children aged below 7years,) that is clearly not recommended for sun safe outdoors is clearly unconscionable conduct. and in breach of the criminal code.
My Boss tells me too always use the recommended outdoor sun safety according to the Act workplace health and safety.
The danger of simple ignoring the UV risk outdoors is common knowledge here in Australia if not the world.
The way to make the Bicycle Helmet law enforceable is to design a safe, non removable, wide brimmed UV visor into the helmet. until such time, forcing bicycle helmet use will be legally problematic.
Data from the Government road safety website indicating a higher death rate for other road uses who are not required to use a safety helmet some orders of magnitude higher for Drivers, passengers, and pedestrians killed on our roads each year than cyclists. In fact the website data indicates cyclists have the lowest fatality rate on the road, This therefore indicates discrimination is clearly evident.
They (passengers and pedestrians ) are not required to use a helmet, they are free to use the recommended sun safe headwear.
Graph Table 1 Government Road Safety website.
The Prime minister when questioned about the laws introduction told reporters this is about saving lives. well what about passengers and pedestrians, the number of which die on the roads is significantly higher than for cyclists.
Link for statically significant data from Government website on Road Safety, as shown above; https://www.roadsafety.gov.au/performance/road-deaths-road-user
Hard copy sent via registered post. Additional data may be submitted as it comes to hand before the Appeal date. Kind Regards Alexander Reid You're the voice