Are one way tracks legally enforceable?

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freddofrog

Likes Dirt
We all get pissed off when some looser comes up the wrong way on a clearly sign posted track but I've just had a thought.

Aust road rules don't apply in the bush anyway. So using signs to convey road rules, eg one way signs, carry no legal weight.

Or is there some other law that governs off road tracks?
 
S

Sappa

Likes Dirt
Enforced by pain. Ride over the top of them?

I would say there is no legal avenue. It is all about respect for your fellow mtber.
 
S

schred

Likes Bikes and Dirt
Enforced by pain, one way or the other.

E-bikes on one way trails is a diff story, they are free to do what ever they want as rules do not apply to them.
 
pink poodle

pink poodle

気が狂っている男
Social contract...everyone knows and does the right thing and gets along. Those that don't are ostracised for their stupidity.
 
teK--

teK--

Eats Squid
In the absence of an act or regulation usually you would refer to an Australian standard, industry best practice or "common sense" (in that order). Signage is usually in accordance with IMBA guidelines so if there was a legal dispute I would rely on that to determine who is at fault.
 
F

freddofrog

Likes Dirt
When push becomes shove, even highly respective bodies like the RSPCA have absolutely no legal clout so IMBA guidelines will count for sweet FA.

And rider courtesy extends both ways. We/I generally show them little And I take the "legal" high road but now I'm thinking none actually exist.
 
teK--

teK--

Eats Squid
freddofrog said:
When push becomes shove, even highly respective bodies like the RSPCA have absolutely no legal clout so IMBA guidelines will count for sweet FA.

And rider courtesy extends both ways. We/I generally show them little And I take the "legal" high road but now I'm thinking none actually exist.
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Yes but if there was a collision they would look at both parties and see if what each one did was fair and reasonable. Going against the direction of signed traffic wouldn't be deemed reasonable.

If there is insufficient signage that is a different matter entirely. Again this is where following established guidelines or industry practice is the best protection the land owners can have, in the absence of any act or regulation.
 
Ackland

Ackland

chats d'élevage
If only cyclists paid rego so they could be identified....

Please... legally enforceable... are you joking?
Nobody pays attention to MTB only/Walking only trails, let alone direction
 
stirk

stirk

Burner
Ackland said:
If only cyclists paid rego so they could be identified....

Please... legally enforceable... are you joking?
Nobody pays attention to MTB only/Walking only trails, let alone direction
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If there was direction signage and someone took you out I'm sure you could sue them for negligence, if you could find out who they were of course.
 
pharmaboy

pharmaboy

Eats Squid
teK-- said:
In the absence of an act or regulation usually you would refer to an Australian standard, industry best practice or "common sense" (in that order). Signage is usually in accordance with IMBA guidelines so if there was a legal dispute I would rely on that to determine who is at fault.
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Fucking lawyers.

1 method only required - common sense

Most things wrong with Australia could be solved by either sinking a ship full of lawyers or withdrawing bulk quantities of legislation ( possible sinking of ship full of legislating politicians is also a solution)
 
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teK--

teK--

Eats Squid
pharmaboy said:
Fucking lawyers.

1 method only required - common sense

Most things wrong with Australia could be solved by either sinking a ship full of lawyers or withdrawing bulk quantities of legislation ( possible sinking of ship full of legislating politicians is also a solution)
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Agreed. There are way too many regulations and standards in Australia (we even find it necessary to have our own standards rather than adopt those of other nations) but only because common sense isn't that common.
 
mtb101

mtb101

Likes Bikes and Dirt
don't think its legally enforceable at all ... and why should it be?

ride within your skill-set and that includes an unexpected object whether it be a walker, dog, wildlife, rider or large rock, branch.

the nature of the environment we ride in has variables and the challenge for us all is to adapt to them.

so what if someones climbing up, that's mountain biking you can whinge all you want but at the end of the day you can't assault them (well you could but that might get you into more strife).

the only way to guarantee a controlled environment is to do a competitive event, that's marshaled.

I enjoy the challenge of going around a climbing rider, we need to put that into your skill-set otherwise mtbing is going to be an angry experience for you.

and remember the climbing guy might be a super fit bad bastard who will bite back if you tempt him.

in legal terms; if someone was injured the question would be as to which rider showed responsible duty of care and you'll find being out of control or unable to stop is a failure of your duty of care as the environment has these dangers to contend with. guess you could argue that x rider should have seen sign, (maybe he came in after sign), so onus is back on descending rider to ride safety. would be similar situation if you hit walker going up track or stopped rider who has crashed on track or is stopped mid track.
 
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dcrofty

dcrofty

Eats Squid
Yes they absolutely can be legally enforcable- it does depend on who manages the land (and the legislation they operate under) but it is possible.

In NSW National Parks for instance there are a couple of sections of the NPW Regulation 2009 relating to regulation by signage that would make one way trails legally enforceable providing certain conditions (signs at appropriate locations etc) were met.

I wouldn't be surprised if similar things were also possible under Local Government or Crown lands legislation but I haven't checked closely.

So it can be done, whether land managers then chose to use the powers or enforce them is another matter.
 
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Hellyeah

Hellyeah

Likes Bikes and Dirt
This-common-sense-in-my-mind,-If-some-geezer-is-farkin-hauling-arse-down-a-trail
get-the-fark-out-of-his-way!!

Doesn't-matter-how-much-you-peddled-up-that-hill!!
 
redbruce

redbruce

Eats Squid
freddofrog said:
What they claim to be able to do, what they actually do and the effectiveness of their actions are very different.
www.watoday.com.au/national/pet-ind...umers-misled-about-puppy-farm-20150628-ghx5g2
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Department I used to work for (Victoria) has carraige of animal welfare (and so I saw "actions" in monthly internal updates).

Standard procedure is to serve notices in such cases. Failure to comply then escalates to legal system.

I can assure you RSPCA have been involved in legal cases regarding welfare issues in this state.

Having said that, they can only be as effective as the state legislation allows, and it is highly variable accross states. A quick google suggests WA is one of the least best served in that regard.

Maybe it is a state thing, WA RSPCA also seems lacking:
http://www.perthnow.com.au/news/spe...tacks-lost-rspca/story-fnmx16d1-1227348591466
 
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MARKL

MARKL

Eats Squid
johnny

johnny

I'll tells ya!
Staff member
freddofrog said:
Aust road rules don't apply in the bush anyway. So using signs to convey road rules, eg one way signs, carry no legal weight.
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Are you sure about that?

I once came off my traily in the Blue Mountains and needed to have a finger reset in the hospital. They took a blood sample and the cops turned up at my door a few months later. It was on crown land than therefore the rules applied. I hadn't been drinking but if the stack had have occurred on what could have been construed as a road I may have been pegged with neg driving for coming off.

That was quite a few years back now.
 
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