Key Factors
1. PEDESTRIAN SAFETY - WHOSE RESPONSIBILITY?
1.1 Duty of Care of Public Authorities
What is the ‘Duty of Care’? How does it relate to walking and road use? Here is a brief explanation from a judge in a court case in NSW:
“…the duty of care of a road authority is to take reasonable care that its exercise of statutory powers or failure to exercise statutory powers does not create a foreseeable risk of harm to road users. Hindsight should not be substituted for reasonable foresight. Where there is a risk, the authority’s duty is to take reasonable steps by the exercise of its powers within a reasonable time to address the risk. In considering what are reasonable steps, factors such as the magnitude of the risk, the degree of probability that it will occur and the expense, difficulty and inconvenience in addressing the risk are to be taken into the account. The authority need not ensure that the road is safe in all circumstances, but only that it is safe to road users exercising reasonable care for their own safety.” (Campbelltown City Council v Bussell by his next friend Kay Bussell & Anor [2002] NSWCA 410, section 20)
The judge goes on to add:
“…Common sense supports the view that motorists must have sufficient sight distance to a pedestrian facility to respond to the presence of a pedestrian. Pedestrians must be able to see approaching vehicles. The requirement of adequate pedestrian sight distance is particularly important in circumstances (such as the pedestrian refuge situation) where the onus is on the pedestrian to give way to vehicle traffic.”
This case study considers the concept of 'duty of care' in relation to road management (See Sections: 39,44,46)
1.2 VicRoads
The Road Management Act sets out the service obligations of all parties using roads in Victoria.
VicRoads have developed a fact sheet: At a Glance for the Community.
1.3 Local Government
Banyule City Council
Banyule City Council (BCC) is actively assessing and developing transport plans to put in place transport infrastructure for the next decade. The ‘Banyule Community Plan – Transport Discussion Paper - July 2008’ highlights current and future transport issues in the City of Banyule. In particular, it “…looks at where Banyule needs to be in the long-term to achieve a more sustainable transport system and includes a hierarchy of transport modes which will help achieve that system.” With this Transport Discussion Paper, BCC is setting out the parameters of its strategic Duty of Care for the next decade. See sections: 5.0, 6.0, 7.0, 8.0.
Obesity and responsibility of local government
The recently released - 2/6/2009 - Senate Inquiry into Obesity in Australia - has several pertinent observations about the responsibilities of Government and Local Government in addressing the chronic obesity epidemic in Australia - See Item 3.140.
SafeRoads
The SafeRoads - Is your Council at Risk website provides information to help responsible authorities develop and implement local road safety strategies to improve community safety. The fact that this website exists demonstrates the legal issues associated with responsible authorities 'duty of care' in the provision of Safe Road infrastructure to all road users.
1.4 State Government
The State Government has a 'duty of care' to the citizens of Victoria through the provision of services. The charters of the various responsible authorities in Victoria lay out these extensive duties of care.
1.5 Pedestrians
As pedestrians, we have a 'duty of care' to obey road rules and act in an appropriate manner when interacting with public infrastructure such as roads.
Here is the Google Map of the designated SAFE walk route along BRN in the absence of a dedicated pedestrian activated crossing at the BRN roundabout. Note the recent car crash on the designated SAFE walk route.
2.DEMAND ISSUES
Banyule City Council’s ‘Banyule Community Plan – Transport Discussion Paper - July 2008’
highlights current and future transport issues in the City of Banyule. Below are some links to parts of the document that may be of interest!
• Access Local Community Infrastructure (Section 8.0, Page. 11.)
• Demographic Change (Section 8.2, Page. 12)
• Access to Transport Linkages & Nodes (Section 7.0, Page 9-10.)
• Population Access to Work & Educational Facilities (Section 1.0, Page. 3.)
• Key Regional Growth Issues Affecting Traffic Volumes (Section 8.4, Page. 13.)
3. ROUNDABOUT DESIGN
Did you know that the BRN roundabout was designed as a temporary roundabout in the mid to late 1970s? This design no longer meets current safety standards! Most importantly, it fails to meet the safety requirements of pedestrians attempting to exit or enter the Hartland's Estate.
3.1 Design Faults – sight lines
There are limited sight lines for motorists and pedestrians at the BRN roundabout, which makes it a difficult for everyone to negotiate the complex traffic flows in the area. Poor sight lines in road design have played a significant role in ‘duty of care’ and ‘negligence’ cases in interstate jurisdictions (Case Study – New South Wales Court of Appeal – See Section 39 & 46)
3.2 Poor Roundabout Design Promotes Dangerous Driving Behaviour
The outmoded design of the roundabout promotes dangerous driving behaviour. It allows drivers to travel at excessive speeds through the roundabout, which in turn encourages a heavy volume of traffic through this area. Clearly, the design of this roundabout is a constant threat to the safety of people walking in our neighbourhood. (see Entry speed to Burke Rd Nth roundabout from Lower Heidelberg Rd)
3.3 Changes in Traffic Volume - Over Capacity
Although there are numerous studies of traffic counts in this precinct, many are not available to the general public. In addition, data cited is most often out of date and fails to factor in growth in this main road arterial link to the north of Melbourne. Here are some statistics of traffic volume in the local area in 2004 – 2005:
• Traffic volume of Commercial Vehicles
• General Traffic volume
3.4 Pedestrian Traffic
The latest Pedestrian Traffic Map from the City of Banyule (November 2005) shows that Burke Road North & Lower Heidelberg Road are deemed to be ‘Areas of Medium Pedestrian Traffic’. In reality, this map may significantly underestimate pedestrian use because it doesn’t count pedestrians who would like to cross the intersection but are put off by the safety risks involved!
3.5 Roundabouts That Give Priority to Pedestrians
Roads can be designed to promote safe crossings for pedestrians. Here are a few examples:
- Princess Street Kew - Use the Grab Hand & Functions to explore the site.
- Pedestrian Priority Roundabout - Elsternwick - Bayside City Council