Melbourne Cyclist

Cycling in Melbourne Australia

ChrisS

Heads up: MCC Rangers + Police fining cyclists in Carlton Gardens

I haven't noticed any discussion of this yet, but numerous cyclists have been fined this week for riding through Carlton Gardens.

This involves the Melbourne Council Rangers and the Police bicycle patrol stopping riders, obtaining their details. Riders are then issued a $250 fine under Melbourne Council laws, and also $50 for riding on the footpath by the Police.

Potentially $300 all up. That stings.

The Carlton Gardens have been subject to long running attempts at public consultation, including groups & individuals trying to improve cycling access, over the last decade. To cut a very long story short, unfortunately there's very entrenched local resident opposition to shared use of the park.

There is the option of the shared footpath on Nicholson St or just avoiding the entire park, but considering that Canning St, a major commuting route, ends at Carlton Street, with a path leading through the park, it's sometimes too temping for many riders simply to continue through the park and not up Carlton St to Nicholson.

So avoid taking shortcuts through Carlton Gardens. Unless you've got deep pockets or can ride real fast to avoid the rangers & police, or which, either option isn't particular intelligent.

On a slightly more positive note, the recent developed City of Yarra Bicycle Strategy 2010-2015 will hopefully be out for public consultation between September- December 2009. as part of the strategy the council wish to develop improved cycling access with surrounding councils.

There's opportunity here to build a case for improved access to Carlton Gardens, but as it's Melb Council jurisdiction, it's pretty much still their call where it comes to allowing cycling access on the park paths.

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After the Melburn Roobaix I decided to ride to Richmond Station and catch the train out to Mitcham. As I rode past the Fitzroy Gardens I was about to enter one of the paths and saw the no bicycle sign so I rode around. I thought this was very strange that they ban bikes in parks. $250 is a pretty steep fine if you are caught, I wonder why it is so high.

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Nik is organising a legal defense for riders who have been fined, please contact him:

If anyone gets booked there is a contact form at www.cbdweb.net to leave your details with a view to challenging the booking.

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Are there any other cases (for anything) where they tried fining people under two laws and was shot down cos it's general arsehole behaviour? Something that says they can't pass your details on or have two fines under two different areas of government?

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Had a chat to Nik about it this arvo, apparently the rangers have been cautioning riders for awhile and have been ignored.

As these action hasn't seemed to of worked to stop cyclists using the park paths, MCC officers, who have no powers of arrest, have brought in the police to back them up.

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so why didn't the rangers just stop giving warnings and start giving fines rather than smacking people with a double fine? A fine is a fine. A double fine is a clear indication of an arsehole.

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Well, the issue of shared access to Carlton Gardens does go back a long time, and as I mentioned, there is entrenched local resident opposition.

It goes like this: Residents & path users complain to council that cyclists are still using the paths despite no riding allowed (+ no bicycles signs), then rangers turn up to enforce MCC's position via verbal warnings, that doesn't work, so they call in the police.

It's a shit sandwich all round, and despite the rangers & cops just doing the job they're told to, it's a sure bet they would prefer not to do this.

But despite years of consultation, people don't like cyclists riding through the park. There's isn't a simple solution to it, I for one pass other path users slowly with a friendly 'passing' if required.

Other cyclists probably don't, won't or can't be arsed. That's another part of the problem.

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There are a few parks around that allow cycling through them. I wonder what the stats are like for a/ residents and park users complaining about it and b/ cyclists causing injury. One I can think of is in (for the most part) cycling friendly Fitzroy North. For mine I prefer a cyclist in a park to an off-the-leash dog - a cyclist typically won't come barrelling over to you and eat your lunch, or lick your face or run over you in pursuit of a soggy ball when you are laying down reading a book.

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Can relate to that experience, ie: many years ago, sitting in local park, large rotty off the leash decides to come over a harass me & my old blind Blue Heeler. The situation sorted itself out, although it was a case of the owner is more terriffying than the dog.

Back to topic, Nik is coming in tomorrow on YarraBUG Radio, 10am Monday on 3CR, to chat about the Carlton Gardens issue with Val & me, I'll try to give background/history from a Yarra POV. Podcasts usually up by Tuesday/Wednesday.

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Last Tuesday night, my husband and I both got booked through these Gardens in the one night, That's $500, totally unfair, no warning signs about the SIZE of the fine. Where do they arrive at $250 anyway ? It is $55 for riding on the footpath. The alternative routes around the gardens are a joke. If you commute down Canning st and through the gardens we have placed some info signs out this morning with an email address to petition MCC about this unfair ban on Cyclists through these paths.

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I am bemused that the council make us ride around the park. The option of using the side path, which is bordered by a small bluestone wall on one side and parked cars, bus shelters, parking meters and people dawdling, is ridiculous. Most pedestrians ( and I assume they are the reasons we cannot ride through the park as to avoid hurting them) do not know the side of the park is a shared footpath. They also seem to suffer from BBD ( Bike Bell Deafness), which makes the ride into the city an action packed few hundred metres, even more fun when a random school group is being pushed towards the museum. The park, however is all but empty, with a huge path and no obstacles on the sides, other than grass and trees.( in short, it is easy to avoid any obstacles)

Is this going to be a case of " wait-until-a-cyclist-or-pedestrian-is-hurt-along-the-side-of-the-park-before-they-realise-that-there-is-hardly-anyone-in-the-park!"

I hope the Council come to their senses, and I hope I'm not the one that smashes into a parking meter while trying to avoid a pedestrain who has not heard my screaming bell and sidestepped in front of me, while I am circumnavigating the park to avoid a crazy unjustified fine!

Ben

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A few points make the 'no riding in the park' rule and fine completely ridiculous in my view:
* A $250 fine is more than if you exceed the speed limit by over 10km/h in a car, and it is clear which has resulted in more deaths
* the width of the paths is sufficient for pedestrians and cyclists alike, and thus the onus should be on the cyclist to do the right thing (as most do)
* the north-end playground is set 20m from the path, and due to the park's openness a running child could be seen a mile off and easily avoided
* people legally cycle along Southbank, where thousands of pedestrians meander at any given time, making collision far more likely
* the Carlton (and Fitzroy) Gardens are not busy relative to their surface areas
* the Nicholson St footpath is frequented by more pedestrians at any given time than any other section of the park of the same area
* cycling in the park is done in every other suburb (think of major parks like Jells park and Faulkner, where visitor numbers are equally high)
* to ban cycling in the park because somebody MIGHT get hit is an irrational, overcautious approach that impinges on the basic rights of park users.

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Bit of a update: Val & I interviewed Nik on Monday's YarraBUG Radio: You can listen to the podcast here

Also ... The Age - $250 fine for cycling on the path. (17 September 2009)

MELBOURNE City Council and police have cracked down on cyclists who ride through city parks. More than 100 have been fined $250 each.

The council said its warnings to cyclists not to ride through parks such as Carlton Gardens had been ignored for too long. In a move that angered cyclists, council park rangers combined with the police bicycle patrol to nab cyclists riding through gardens last week. By teaming with the police, council rangers - who do not have the power to detain cyclists - were able to hand out fines totalling more than $25,000 to 110 cyclists. Among the cyclists nabbed was landscape architect Alistair Wenn, who received his fine while riding through the Carlton Gardens. Earlier in the day, his wife, Jackie, was also fined for riding through the gardens.

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