A driver who pleaded guilty to killing a cyclist in Australia who had campaigned for tougher laws against drivers who make close passes on bike riders and had contributed to road.cc’s Near Miss of the Day feature has failed to appear at his sentencing hearing.
Police in Queensland have issued a warrant for the arrest of John Joseph Taylor, who had pleaded guilty to dangerously operating or interfering with the operation of a vehicle causing death, and driving while a drug is present in blood or saliva, after he missed the hearing today at Maroochydore District Court, reports News.com.au.
Taylor was the driver of a ute that struck Cameron Frewer, aged 44, when he was on a morning bike ride close to his home on Queensland’s Sunshine Coast in November 2018, causing fatal injuries.
Following his death, News.com.au added its weight to campaigners calling on the state to properly enforce existing close passing laws which require motorists to leave a gap of at least 1 metre when overtaking a cyclist.
Shortly before his death, Mr Frewer had written an open letter to police, transport officials and cycling campaigners in which he expressed concern about the lack of enforcement of the law and the continuing danger that posed to him and others.
He forwarded the letter to his friend Anne Savage, who at the time was cheief executive of Bicycle Queensland, telling her: “I just felt the need to say my piece in the event something ever happens to me – God forbid.
“I know I am not the only rider with these issues. I am not trying to big note myself but to cover all bases for whatever transpires,” added Mr Frewen, who had set up the Drive Safe, Pass Wide page on Facebook to highlight the problem.
Earlier that year, he had been scathing of the attitude of Queensland Police when it came to taking action against motorists in his description of a close pass video posted to YouTube which we published as part of our Near Miss of the Day series.
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Referring to the state’s law requiring drivers to allow at least 1 metre when passing a cyclist in a 60km/h or less speed zone, or 1.5 metres where the speed limit is over 60km/h, he said: “After 4 years. This is still happening to riders in Qld. The police have no excuses for not issuing infringements in what could so easily end someone's life … Near miss after near miss. What the hell is wrong with people?”
He added that police had given him “a litany of excuses for poor driving around vulnerable road users – effectively excusing the behaviour of the drivers.”
According to News.com.au, Taylor’s defence lawyers had done “everything they could” to ensure he attended court today, but to no avail.
His non-appearance denied Mr Frewer’s widow, Catherine, with whom he had three children, to read out a victim impact statement in front of Taylor.
Emily Billiau of Cycle Law, which is representing the family, said: “Today has not brought closure to the criminal proceedings sought by Cameron’s family, and a long road is still ahead for his wife and three children who have tragically lost their husband and father.
“We support tough penalties, especially where it has resulted in the loss of life in circumstances like this, or a permanent disablement.
“Police have a very important role in ensuring safety on our roads, but they are limited to enforcing the road rules and initiating criminal proceedings within the confines of these laws.
“Cameron’s family has a difficult path ahead of them with financial considerations and the like and may have to turn to other avenues for justice and compensation,” she added.
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I find this statement quite interesting:
'... they are limited to enforcing the road rules and initiating criminal proceedings within the confines of these laws'.
I've heard the Met police say - or write, in the case of my submitted reports - somethng similar.
It's curious, because when the Met are pulling over cyclists and asking them why they're not wearing helmets or hi-viz, I very much doubt that they're acting 'within the confines of the law'.
And then there is the ASL. I've had an ongoing 'spat' with the Met, about the ASL. When I reported drivers or motorcyclists (the latter systematically roll into the ASL as if they are entitled to do so), they first claimed that they wouldn't prosecute because 'the ASL is for guidance only'. When I asked them if they could tell me when Parliament had legislated to remove the offence of stopping inside the ASL, they backtracked and assured me that '.. that's not what we meant!'. Then they decided that they'd only prosecute when the driver entered the ASL when there was already a cyclist in the ASL. When I submitted some videos of drivers and motorcyclists doing just that, on a daily basis, they moved the goalposts again, and said that they'd only prosecute when there was a cyclist in the ASL and the cyclist was in danger.
So in essence: fuck off, we're really not interested.
Since the entire point of the ASL is to increase the safety of cyclists, isn't any motor vehicle that encroaches into it endangering any cyclist in the vicinity by definition, either by obstructing their use of the box, or by putting them in a more dangerous position relative to the encroaching vehicle?
You're preaching to the choir, brother.
I live in northern NSW. Like Cameron, I have shown police footage more than once of dangerous driving and close passes. Despite crystal clear footage, including number plates and trucking companies logos, as well as me repeatedly requesting the police do something, they did sweet FA. Their 'discretion' meant they view themselves as car drivers and cyclists as 'cockroaches on wheels' (thank you, Derryn Hinch).
In the first 6 months of NSW's new Close Pass / Increased helmet fines period, they fined drivers $4k and cycists $440k. Says everything.
Same experience here. NSW police are not interested in pursuing action against drivers despite having footage. Bicycle NSW have guidelines developed in conjunction with police, and they’re useless because they don’t treat them as important enough to prosecute. Someone has to die for them to do anything. No contact, no injury, no care.
A metre passing law that’s not enforced by police is useless. But of course they can pull off the road and leave the blue light flashing while staying in the comfort of their BMW, and passing traffic has to slow to 40kmh to protect their safety… the hypocrisy is lost on them.
Disgraceful lack of action by Qld police just wating for the inevitable to happen. They have blood on their hands.
Another life ended. More lives ruined.
What a disgusting piece of worthless sh1t Mr Taylor is. And there are millions more like him and still they continue to drive dangerously around us and our friends and families. Why does nothing change?! I share the sense of frustration which the deceased felt.