Wednesday, July 8, 2015

Adelaide Court: Yes, you shall go to trial'

So I had my day in court and was heard by the Chief Magistrate!

She wasn't convinced by me raising self defence as a justification for the crime of unhelmeted bicycle riding, nor overly keen to permit me past this pre-trial stage ... legislators, she felt, were the ones I required not the judiciary, but she listened anyway...

She listened when I said that I have been dedicated to this issue for nearly six years and that I have corresponded with many politicians over that time in an effort to revoke this contradictory regulation to absolutely no avail.

She listened when I mentioned that I had not said to the police it was the second time that day that I had been booked for not wearing a helmet as they claimed in their 'facts' but that I had said it was the second time that day I had been in communication with police, the first being over a road rage incident on North Terrace (Adelaide) where a driver had used his vehicle to terrorise me so much so that another driver had come to my aid.

She listened and asked the police prosecutor to make a note of that fact.

She listened when I mentioned that bicycle helmet regulation is a law of privilege and oppression and that the entire transportation network 'privileges' automobiles over bicycles and allows drivers to drive without being mindful of me.

She listened when I pointed out that this is a 'privilege' I do not have notwithstanding that I have an equal right to be on the roads.

She listened when I said that I am on a bicycle in a world made for cars and that in my opinion this premise was neatly illustrated by the South Australia police prosecuting me for not wearing a bicycle helmet, and yet not prosecuting the road rage driver for his act of aggressive and dangerous intimidation towards me, even though I had pulled over after the 'attack' and put a call through to the South Australia (SA) Police to report the incident; even though I said to the policewoman taking my call concerning the road rage incident that I was prepared to come back to Adelaide and give evidence.

She listened when I mentioned that the SA police who booked me for the lack of a helmet didn't hear me tell them that I'd been the victim of road rage because all they could hear was an 'ingrained-anti-cycling-prejudice' informing them that I was a criminal and not a victim.

She listened again when I repeated again that bicycle helmet regulation was a law of privilege and oppression and ... she gave me a date for a trial!

Tuesday 25th August 2015 - thank you, your Honour!

So with three glorious fellow 'helmet-optional riders' who'd come to court to give me moral support, we headed off to the Markets for celebratory coffee and cakes !!!

I hadn't been shut down, I'd jumped through the next hoop, and now was on my way to the next level and another day in court - I had been listened to!

But this is Australia so the euphoria didn't last long!

As I dropped off my bicycle to Bicycle South Australia in Carrington Street, I was followed into the shop by two policemen and booked all over again.

'What's with the no helmet?

'Don't you know there's a law that says you must wear one?'

'You were at that helmet ride on Sunday, weren't you? ... recognise you from your picture!'

Oh boy, whoop-de-doo-dah, here we go again ...

... lucky I like Adelaide!!!!



  1. From Montréal Cycle Chic, a photo of a man in office dress cycling on the railway viaduct path near where I live:

    On the other hand, I'm jealous of the winter weather in that photo. Australia should be a leader in year-round cycling...

    Good luck in court, and chase them crazy baldheads out of the town! Or foamheads...

    1. Thank you, Lagatta! ... and I love the picture of your office guy!!!!! Oh to have that, and yes you're right we should be a leader in 'year-round cycling' and it's disgraceful that we're not!

  2. Well done for getting to trial, it's the only way to get the message of cyclist oppression out there.

    I was in Adelaide last year and booked for not wearing a helmet on a shared bike path along the Torrens River, which is a "road" according to SA law. That's right, no cars anywhere to be seen and they still think it's a good use of state resources to patrol a pedestrian/cyclist path to babysit anyone with the audacity to ride without a foam hat.

    Meanwhile other countries are improving infrastructure to get more cyclists out there to reduce car traffic - a real way of reducing road injuries.

    1. Sigh, James, everything you say is totally spot on - it's so depressing ... and now in NSW we have our ridiculous roads minister, the Hon Duncan Gay, proposing that cyclists over a certain age should have to carry ID

  3. I suppose it helps to have a helmet to be safe? It seems a lot less troublesome than having to show up in court..

    1. Not my modus operandi at all, MelBrandle!
      Helmet law is not evidenced based and I do not give my consent for the government to practise on me for their flawed and contradictory medical experiment.