Submission to the Transport and Industrial Relations Committee: Proposed Law Change to Allow Cycling on the Footpath Jo Clendon, June 2016 Petition Wording Joanne Clendon…...Respectfully requests: That the House recommend a change to the New Zealand Road Rules to allow cycling on the footpath by children under 14 years of age (and accompanying adults), seniors over the age of 65, and vulnerable users (such as those with mental or physical disabilities); make bells mandatory for any bicycle used on footpaths or shared use paths; and allow local authorities to exclude, on a reasonable basis, certain areas of footpath from being used for cycling. J Clendon: Footpath Cycling Submission June 2016 Page 1 Executive Summary Getting kids on their bikes is a win for health, congestion, the environment and long term driver skills. Enabling legal use of the footpath by children on bikes can help address the dramatic decline in children cycling to school, and improve children's physical activity habits. Using the footpath will not decrease safety for pedestrians, but it will give parents and school travel planners useful options when identifying safe routes to school. Allowing children to legally ride on the footpath will encourage riding by reducing perceived risk and providing access to pedestrian only routes (shortcuts). Current New Zealand law prohibits bikes from the footpath based on wheel size, effectively banning most schoolage children from riding on the footpath. Although their bikes are too big for the footpath at age 5, experts recommend that children do not cycle on the road until age 10 (or older). Where should they ride? NZ has secondworst child cyclist fatality rate among OECD countries. The road is not a safe place for kids to cycle; they are not developmentally ready. Nationally we are seeking to improve children's physical activity levels and use of active transport. Promotional campaigns such as ‘MovinMarch’1, school travel planning and cycling education encourage children to use active transport to get to school. Ideally all children would have access to dedicated infrastructure, but not every child can have a bike path leading seamlessly from their front door to their destination. In reality, for children who do cycle, most are using footpaths rather than cycling on road. They should be able to do so without breaking the law. Parents want to teach their kids to obey the law; not to pick and choose which ones they think they should obey and which they shouldn’t. Parents shouldn’t have to choose between their children’s safety and teaching them to be lawabiding citizens. The proposed change aligns with laws in Australia where, at a minimum, all states permit cycling on the footpath by children to age 12. In Queensland, Tasmania and the Australian Capital Territory it is legal for adults to ride a bicycle on the footpath. The Australian Bicycle Network are campaigning for the age limit to be raised to 16 in remaining states. Using the footpath will not significantly decrease pedestrian safety. Evidence from Australia (and elsewhere) demonstrates low risk to pedestrians and that we can share and we can share with care. As a society we need to demonstrate the belief that our children are capable of developing the skills and attitudes we value and which will create a safe sharing environment. Fostering a culture of calm and tolerance, together with existing inschool cycle skills training, will help keep all footpath users safe and help make these children safer future drivers. 1 http://www.movinmarch.com J Clendon: Footpath Cycling Submission June 2016 Page 2 Driveway safety is already a concern for all footpath users, and for users of dedicated cycling facilities: safer driver behaviour is needed. However, compared to the road, vehicles enter and exit driveways at much lower speeds, significantly reducing the severity of any crash. Increasing footpath user numbers to include kids on bikes would require drivers to become more aware of footpath traffic when maneuvering their vehicles. It would also give cyclists using footpaths legal protection to make complaints when motorists exiting driveways fail to give way. Issues of poor visibility at driveways need to be addressed via design and behavioural change. Education for children, parents and drivers is essential for creating a safe sharing environment. Currently, cycle instructors are limited to teaching children that they cannot cycle on the footpath. Once it is legal they can teach children how to safely ‘share with care’. Improving awareness and behaviour of drivers entering and exiting driveways will benefit all path users as well as cyclists on the road. Footpath cycling is not a substitute for teaching safe road riding, rather it provides a safe place to learn and practice riding skills until they are developmentally ready for sharing the road with cars. Nor is it an alternative to providing safe and connected infrastructure and creating a safer environment. It is complementary to the Safe Systems Approach and the recommendations of the Cycling Safety Panel in 2014. Senior and disabled riders can also benefit from the added protection of cycling on the footpath. To facilitate safe sharing bells should be mandatory for any bicycle used on footpaths or shared use paths. Bell use may help eliminate the surprise factor when approaching pedestrians from behind. For the purposes of managing conflict in high use zones, local bodies should be able to restrict footpath cycling when necessary. Whilst a child cycling on the footpath poses a very low risk to a pedestrian, the same cannot be said for the risk that motor vehicles pose to children riding bikes on the road. Parents know this, and restrict children from cycling because of it. We are growing a generation of children who have no personal experience of active transport, and who grow up thinking private vehicles are the only travel option. The benefits in terms of physical activity, healthy habit formation and children's cycling participation outweigh the associated risks, which are minimal and manageable. Please change the law and make it okay for children, accompanying caregivers, seniors and the disabled to cycle safely and considerately on the footpath. J Clendon: Footpath Cycling Submission June 2016 Page 3 Table of contents Introduction 11 What should change? 12 Background 12 Wheel Size 13 Why change the law? 14 A Law Ignored 14 Comments from parents: 15 Ignorance plays a role also 15 It’s legal in Australia 16 Are more kids cycling in Australia? 17 How active are New Zealand Children? 17 We want healthy active kids 17 Healthy Activity 17 Healthy Habits for a (Healthy) Lifetime 18 Healthy Development 18 Healthier Environments 18 Healthier Communities 19 Increasing activity: We are missing an opportunity 19 Help get kids cycling to school 20 Few kids are cycling to school 20 Are they allowed to cycle to school? 22 What can be done? 22 Safe 22 Parents comments: 23 J Clendon: Footpath Cycling Submission June 2016 Page 4 Supported 23 Normalised 23 Children want to cycle to school 24 What we’ve learned from existing school cycling programs 24 Kids enjoy cycling to school 24 Current Laws and Guidelines are Restricting Participation 24 Reducing traffic around schools benefits everyone 25 We need to make cycling safer for children 25 Comparing New Zealand and Australia (QLD) 26 Children are not ready for the road 27 Developmental Factors influencing Children’s Safety whilst Riding 27 How skilled are child cyclists? 28 How can they be safer? 29 Developing skills and capabilities requires time and practice 29 Kids need a safe place plus regular opportunities to cycle 29 A vicious circle 29 Fear is keeping kids off bikes 29 A downward spiral of fear 29 Kids on the road 30 What are parents told? 30 Confusion? Should they be on the road at 10? 30 And will they be ready at 10? 31 Do we expect children to know the road rules? 31 We want them to ride, but where can kids cycle? 31 The footpath is a safer alternative 32 J Clendon: Footpath Cycling Submission June 2016 Page 5 Safety in Numbers 32 An upward spiral of Education and Participation 33 The footpath is part of the solution 34 Having a safe place to ride is important to cycle safety overall 34 Advocating for Child Cyclists 34 Why Change Now? Roads are busier. 35 Is the footpath safer than the road? 35 Less safe? 35 Addressing the safety concerns 36 Pedestrian Safety 36 Pedestrian Safety: Perception vs Reality 36 Australian Research Findings 36 Queensland CBD Footpaths, 2010 and 2012 37 NSW Shared Paths, 2009 37 More likely to be hit on the road than on the footpath. 38 USA Reported Injury Based Research 38 Fear, Intolerance? Or perhaps both? 38 Separating out fear/perception from reality 38 Perceptions 39 Reality 39 The footpath is a shared resource and conflict needs to be managed 40 Change can be confronting, and worthwhile 40 Fear of inundation: What if more people cycle on the footpath? 40 Is there a concern that footpaths will be suddenly overrun by kids on bikes? 40 Will more children cycling on the footpath make it less safe? 40 J Clendon: Footpath Cycling Submission June 2016 Page 6 The footpath is not preferred by most ‘cyclists’ 41 What happened in Australia when footpath cycling was legalised? 41 Shepparton Victoria 41 Western Australia 41 Cyclists adjust behaviour in presence of cyclists 41 Fear of the unknown doesn’t last 42 Positive Impacts 42 Will it deter walkers? 42 Walkers not deterred in Australia 42 Who walks and cycles the most in New Zealand? 43 Context: What are the real risks to pedestrians? 44 The real risk to pedestrians young and old: motor vehicles 44 New Zealand Injury Data from ACC 45 Proactively Managing Safety via Education 46 What are safe sharing behaviours? 46 We can teach kids to responsibility share with care 47 Cycle Education is Critical 48 Good Students 48 Start them young 49 Valuing Cycle Education 49 A Flowon Effect: Safe sharing child cyclists will become safe sharing adult 49 drivers Benefits for an Aging Population 50 Driveways and Intersections 50 Cars Entering and Exiting Driveways 50 J Clendon: Footpath Cycling Submission June 2016 Page 7 Lower Speeds = Less Injury 51 Safety in Numbers effect 51 Driver Education 51 Safe Design 52 A right to be there 53 Intersection Safety 53 What should children be taught? 53 Suitability of Footpaths 54 Pedestrian Density 54 Width and construction: Are our footpaths fit for purpose? 54 Current multiple (legal) users: 55 Small Wheels Okay 55 Width and design 56 Best practice widths for mobility users would enable shared use 56 Is jury still out? 58 Quality 58 Influencing Behaviour 58 Education vs Enforcement 59 Improvements benefit all footpath users 60 Balancing Risk vs Benefits of Physical Activity 60 Other Concerns 60 What about the provision of safe cycling facilities? 60 Will Cycling on the Footpath remove the impetus for other cycling infrastructure? 62 Will a change be consistent with current strategies? 63 Is 14 too Old? 64 J Clendon: Footpath Cycling Submission June 2016 Page 8 More than kids on bikes 64 Accompanying Caregivers 65 Senior and Disabled Bike Riders on the Footpath 65 Aging Population = Aging Riders 65 Disabled Riders 65 Bells on Bikes 66 Requested: 67 Appendices: 68 New Zealand’s Current Law 68 Cycling on footpaths 68 Mobility devices 68 Definitions 70 cycle— 70 mobility device means— 70 wheeled recreational device— 70 2. Australian Law: Federal and State 71 5.2.1 Australian road rules 71 Pedestrians and persons travelling in or on wheeled recreational devices 71 and wheeled toys Bicycle riders 71 New South Wales 72 Victoria 73 Queensland 73 Western Australia 74 South Australia 74 J Clendon: Footpath Cycling Submission June 2016 Page 9 Tasmania 75 Australian Capital Territory 75 Northern Territory 76 3. Child Height, Age and Bike Size 76 4. Do Cyclists Make Better Drivers? 78 5. Children's Rights: UN Convention 78 6. Child Cycle Safety Safekids 2012 79 Fatal Injuries 20032007 79 Non fatal Injuries 20052009 79 7. Children's Development as pertains to cycling 79 Motor Skills 79 Coordination and Control 80 Pre Frontal Cortex 80 Vision and Balance 80 Estimating speed and distance 80 Slow to execute actions once decision made 81 Response Times 81 Multitasking 81 8. How skilled are child cyclists? 81 9. Cycling safety and participation – the “safety in numbers” concept 82 10. The ‘Psychology of Intolerance’ 83 11. The ‘safety in numbers’ effect 85 12.Principles for minimising conflict 86 13. How does footpath cycling fit with the Safe Systems Approach? 86 Safe roads and infrastructure/roadsides 86 J Clendon: Footpath Cycling Submission June 2016 Page 10
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