Tuesday, March 6, 2018

♩ ♪ Don't be too polite, girls, don't be too polite ♫ ♬

Notwithstanding my respectfully submitting that using a bicycle precludes bicycle helmets being termed excluded goods, and instead allows a bicycle to come under the provision of section 41 BD (1)(a)(iii) of the Therapuetic Goods Act 1989 defining bicycle helmets as medical devices, the judge in the Newcastle District Court last Thursday just could not uphold my appeal ... sigh.

I tried my damnedest but could not get over the line.

I tried so hard in the respectfully submitting department to make the case that the Therapeutic Goods Act, if it had been properly considered might have found that whilst the Therapeutic Goods Act was not intedend to apply to the exclusion of Regulation 256 (NSW Road Rules 2014) to the extent that Regulation 256 (Road Rules 2014) is capable of operating concurrently with the Theraueputic Goods Act, in relation to bicycle helmets it does exclude Regulation 256, and therefore I ought not to be compelled to wear a medical device withouth my informed consent ... but all to no avail.

The whole process seems so very dated and backward looking ... and extremely long-winded.

There was the housekeeping session in the morning with the housekeeping judge working out everybodies' diaries followed by the actual appeal after lunch, where I was assigned a court room all to myself containing:

1 judge
1 judge's associate
1 clerk
1 court officer
1 DPP solicitor
+
me

How much simpler (and cheaper) would it be to relinquish the notion that helmets proffer protection from B-doubles et al, and get on with the business of actually providing bicycle safety by actually providing us with proper bicycle infrastructure that separates us from aforementioned vehicles.

So check ✔, that one is done and dusted ...

Next bicycle saga, and last one too I might add now that I've removed myself from Scone roads due to intense police targeting, is set for 20 April 2018 and I'm thinking of going back to the good old defence of necessity - talk about full circle!

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