Is it fair to TBUG ride organisers to leave them
exposed to litigation without TBUG insurance?
The longer story:
The Toowoomba BUG has been running very well since 2002.
Fortnightly social rides have been organised by Margaret and Bruce. The BUG is
not a club or an incorporated group. It could continue as is, or change to a
more formalised incorporated group.
Remain the same: The
rides can continue to be organised as currently but this leaves the ride
organisers and leaders at risk of litigation in the case of a serious accident
by any rider or injured road user. So far there has not been any legal action as a result
of accidents during TBUG rides.
For example, the following two real events
could have resulted in public liability law suits against ride organiser/leader.
· A new rider came with the BUG for a while. He
was counselled by Bruce and a number of riders on a many occasions about his
riding style, which could have left himself and/or other riders at risk. After
a solo crash on North Street he attended hospital outpatients and fortunately
suffered only minor injuries. He did not return to the BUG rides.
· Two riders came on their first BUG ride. One
crashed and broke a wrist and was given hospital care. Rob took care of both their bikes at
his place and gave them a basic service. Both were found to be in need of a
full bike shop service, with inadequate servicing to that point.
OLYMPIC champion Sara
Carrigan is being sued $750,000 over a cycling accident that happened on a
‘bunch’ ride at her Mermaid Waters based cycling school.
Mr
Elsey claims Sara Carrigan Cycling breached its duty of care because the school
“knew or ought to have known’’ Mr Milligan’s standard of cycling behaviour was
not sufficient to ensure he posed no foreseeable risk.
It
states Mr Milligan was “not satisfactorily trained and equipped to ride safely
in the group ride on that day’’ and that he “ought to have been removed from
the ride’’ when it became clear he was riding recklessly.
Some basic standards and
check list system can help to overcome, or at least show evidence of care being
taken, to avoid or minimise such litigation.
Incorporated
future: The most
important benefit of an incorporated not-for-profit is that we can buy public
liability insurance for leader/organisers called officers of the group. TRC
(Toowoomba Regional Council) requires public liability for organised rides, for
example the first three Ride to Work days we had to get BQ (Bicycle Qld) to
cover our public liability insurance – now TRC provides this.
Another benefit is that we
will be able to apply for state government and council grants to help promote
road safety; offer coaching for new riders; have access to coaching classes;
promote current and new rides; endorse ride groups of members who follow the
new rules as TBUG rides; offer a BQ style ‘buddy system’ to new riders and
openly publicise the TBUG to new riders in the area.
We will have to hold at
least the AGM, raise minimal funds to subsidise minimal cost and elect officers.
Costs:
BQ has made it
clear that they have no intention of bringing BUGs into the overall BQ
umbrella, unlike Bicycle NSW has, offering BUGs the much needed public
liability insurance. 34 BUGs are members of Bicycle NSW.
However, Cycling Queensland
(CQ) is an alternative for us as a state
affiliate of Cycling Australia. It has recently changed its rules to cover
‘social groups’, such as BUGs.
Therefore, the preferred
strategy would be to incorporate and then affiliate with CQ.
This would require
one off costs of $148.00 for incorporation and annual costs of $699.00 to
affiliate with CQ.
The affiliation fee includes the public liability insurance.
How
this would work: BUG
members would have to join CQ. The membership of CQ buys a similar deal to the
BQ offering.
I discussed with CQ the problem of riders who are BQ members who
would not want to dump that membership mid subscription and spend a similar
amount on a new CQ one. They are discussing this with their people at Cycling
Australia. At the moment there is no firm view back from them.
In summary the comparison
between strategies follows:
CQ Membership
Non-riding admin’ members:
$34.00
·
Family
membership offers a 20% reduction.
·
Ride
basic: $60.00
·
Rider
+: $99.00 age 19-64 and 65+ is $74.00
·
3
month trial membership: $29.00
BQ Membership
·
Individual
18+: $99.00
·
Family:
$139.00
·
Concession
(student/Centrelink): $79.00
The insurance cover of both
BQ and CQ is similar at the $99.00 level.
CQ insurance at the $60.00
level is less than the Rider+ $99.00 offering.
CQ returns $11.00 per
member from the fees ($99.00 or $60.00) to the BUG/Club, on a quarterly basis.
In this area the following
clubs are members of CQ: Bikeline Racing; Toowoomba Cycling Club; Highfields
Rollers; Toowoomba Mountain Bike Club; Toowoomba BMX Club.
Any member of those clubs
can carry their CQ insurance over to any other CQ club, or BUG, by paying a
further $11.00 to that club/BUG.
So, if you are already a member of
Highfields-Rollers you only pay $11.00 to the BUG. If you join the BUG and then
want to join the Mountain Bike club (or any other), you just pay them $11.00.
Go it alone? I have checked with other insurers
to see what public liability might cost the BUG if we just decided to go it
alone, i.e., incorporated but without CQ.
It is not possible to buy
insurance without incorporating. Typically, it was impossible to get a firm
quote without firm numbers but as a target figure, with ‘about’ 20 members the
cost would be ‘about’ $900.00 for the insurance, and that is only for $10m not
the $20m that CQ offers. Also there would be no $11.00 returning to the BUG per
member – a further ‘loss’ of $220.00 to BUG coffers.
Process: The process of incorporation is laid out by the State
Government and is straight forward. A set of model rules is available for
groups to adapt for their own needs.
To start the incorporation process we need to hold a meeting where a proposal to incorporate is moved, seconded and voted on.
The TBUG ride on December 18 2016 will be a short city ride ending at Rob's palce for a $5.00 breakfast and discussion on this proposal.
CQ are keen to have the BUG join
them and for us to assist them in creating a proposal to offer to other BUGs
around the Qld.
An annual return has to be lodged
with the State Government. This costs about $50.00.
Future fund raising: There is no doubt some form of fund raising
would have to take place just to cover the cost of affiliation to CQ. Some can
come from being able to openly recruit new members. A tall task to enrol the required 64 members
to cover the initial affiliation costs up-front but if that were set as a
target, say, for over the next three years, it could be achievable.
Other
possibilities include some form of sponsorship. The ‘Bunnings sausage sizzle’
might even have to be entertained once a year. Perhaps a basic skills workshop
held with a bike shop, with a percentage of the fee returning to the BUG
account. A group garage sale of unwanted goods. Grants cannot be used for continuing
costs though.
Improved Advocacy: While BQ has been very good at organising the
‘Cycle Queensland’ ten day event and ‘Brisbane – Gold Coast’ one day events in
particular, plus some other Brisbane only ride events, it has not been much
benefit to riders outside Brisbane when it comes to advocating for better local
roads or improved TMR designs here, where we live and ride.
BQ is not prepared, perhaps quite practically through a lack
of resources there, to help to advocate within the regions or directly for the
regions, beyond their involvement with TMR in the process of vetting the Qld
Cycle Strategy and attending the round of various Government workshops.
TBUG has had a presence in advocating for riding here with the local office of
TMR and with TRC since 2008.
There have been many changes made to designs and
road markings following representations to both levels of government, including
to every Minister for TMR since Rachel Nolan was responsible for the portfolio.
Trevor Watts (Toowoomba North MP) is helpful as a cycling advocate on our
behalf.
This can continue but it would be considerably more
effective with the weight of a national cycle advocacy group behind us and with
the status of an incorporated body to seek grants to provide ‘road related education’
here.
Cycling Queensland, as an affiliate of Cycling Australia and
as a partner organisation with the Amy Gillett Foundation, has a long and
respected reputation within the world of Australian competitive cycling.
Were BQ to have a broader focus and seek to support BUGs
across the state, as Bicycle NSW does, this suggestion would be for the
TBUG to incorporate and join with BQ.
Finally: Please
give the above expanded ambition for the BUG and indeed ultimately for other
Qld BUGs, your consideration.
Margaret and Bruce can continue to organise rides as usual
if a decision was made to progress down this expanded option.
In conclusion, the big problem for us all today is the risk
to those good souls who organise rides without public liability insurance.
