Being forced to drive on the wrong side of the road is a serious public safety issue for it poses a clear and present danger, i.e. the very obvious potentially lethal risk of colliding with a car coming in the opposite direction. However, if you live in South Australia you need to be aware that despite 94 road fatalities in 2011 and 103 road fatalities in 2012, the fact that road users are being deliberately forced to drive on the wrong side of the road is not an issue of concern whatsoever to South Australian authorities as the two documents shown after the photographs below clearly reveals.
[NOTE: The short link for this URL is http://wp.me/p1n8TZ-jb ]
The picture above was taken on 2nd January 2014. Just 2 weeks earlier on December 19th 2013, I faced a similar situation with a speeding car that did not stop. About a week early on December 12th, I had also faced this head-on collision situation. In the example above, had I not spotted this car as it turned from Siddall road into Broughton Road, we could have met head on a combined speed of 70-80 KPH! Nasty, very, very nasty indeed.
The bottleneck above has been the norm’ since October 8th 2013 when the so-called “road safety trial” came into force at 8AM on October 8th 2013. In all, Playford Council has ignored a total of 7 videos that have highlighted the dangers faced by road users as a result of their “trial”. The problem was/is that the council is not the only organization that has deliberately and wilfully ignored these clearly evident dangers.
PLEASE: Check out the following remarkable evidence of official indifference to the risks caused by Playford Council’s potentially lethal ‘road safety’ trial:
“…the powers of the Coroner are only enacted when a death occurs.” How’s that for an official response? Until such time as there is a fatal accident, the Coroner will do nothing to prevent any fatalities!
- This response is at odds with the democratic issue of “Public Safety.”In fact it may be at odds with a law that deals with ‘A reckless indifference to human life that results in a fatality’, i.e. Manslaughter due to criminal negligence.
- Logically, one of the key the purpose of inquests is to identify systemic issues or problems that may prove fatal to members of the public.
- “Our legal system currently allows every court in this country, from a local court magistrate to the High Court, when exercising federal jurisdiction, to declare a law made by any parliament or under delegated legislation or any executive conduct to be constitutionally invalid.” (Justice Steven Rares – AGS Law Administrators Conference, June 2013)
Given that judges from the High Court, the Federal Court and the 6 state and the 2 territory Supreme Courts attended this conference along with representatives from the Federal Government and Australia’s 8 state or territory Attorney-General’s Departments, quite clearly, if Justice Rares was in error in making the above statement, then it is highly likely that many of his legal peers would have pointed this out.
- The fact that Australia’s leading judges and law makers accepted this statement at face value is impressively solid validation of its legal accuracy.
- Surely, if ANY court can challenge federal legislation, then the coroner’s court can challenge local government by-laws or decisions that wilfully endanger lives by violating federal and/or state road laws?
Here again there is a total lack of urgency about road users being forced to drive head-on into on-coming traffic that may not be visible due to bends in the road and parked cars.
- Actions speak much louder than words: When it comes to the issue of a clear and present danger to the public, the very obvious message to road users and the general public is that South Australian officials are not concerned about Playford Council’s potentially lethal actions.
Why is there this attitude of indifference to the risks?
- The answer to that question may be found in the following photo.
Across Australia, local council’s raise revenue by establishing timed parking zones in streets that are below code with the result that road users must either ‘Centreline’ drive or else drive completely on the wrong side of the road as in the first photo in this posting.
Facts do not cease to exist just because local council’s and law enforcement authorities chose to ignore them. In Australia, national road rules and state/territory road laws require drivers to drive on the left hand side of the road. Driving on the centreline or on the right hand side of the road therefore violations several road rules:
- Rule 129 – Keep to the left.
- Rule 131 – Do not drive on the centreline of the road
- Rule 132 – Do not drive on the right hand side of the road.
By deliberately violating these road rules in order to raise revenue, local council’s also violate Section 135.2 of the Commonwealth Criminal Code Act (1995) which deals with Acts of Commission and/or Acts of Omission for the purpose of obtaining a financial advantage that a person or organization is not entitled to receive, i.e.by establishing parking zones in ‘below code’ streets for the purpose of raising revenue from parking fees and parking fines.
- Establishing parking zones that force drivers onto the wrong side of the road is a deliberate act of reckless endangerment. In some states, e.g South Australia, any fatalities caused by this illegal activity would therefore legally be Felony Murders. An interesting question therefore is how many deaths classified by the SA Coroner’s Court since 1995 as “road accident” fatalities or “death by misadventure” are in fact Felony Murders that were caused by Local Government Authorities, i.e. local councils, that were more concerned with raising revenue than with public safety?
- Playford Council’s attempt to set up timed parking zones has stalled because of community opposition. However, the council has kept its options open by ignoring community demands for the establishment of residential parking permit zones. Is the council is hoping to re-try establishing these zones once move house or if I am killed in a car accident?
FULL CIRCLE: After 3 months of a psuedo “road safety trial” that has had road users in 4 residential access streets dodging cars coming in the opposite direction, what do we now have as of 6PM on the 10th January 2014?
YES – this is the photo at the top of this posting. The reality is that Treves Street and Siddall Road residents will still be driving on the wrong side of the road into on-coming traffic. The only significant change for these residents is that they now know that this is an illegal act on the part of Playford Council.
For a while, Broughton Road and Lindon Street will again be free of cars parked on both sides of the road. The medium to long term problem is that as demand on the Lyell McEwin Hospital’s limited car parking spaces increases, the overflow will spill over into all of the streets that surround the hospital.
OPERATION CROSSROADS: AT 6PM there was a TV news report about the high number of drivers caught by South Australian police during the Christmas-New year road safety blitz known as “Operation Crossroads.” A staggering 204 drivers tested for drugs returned positive drug tests whilst more than 100 were driving under the influence of alcohol!!!
- Is it any wonder that road users in the Playford Council “road safety” trial area sometimes encountered drivers who would not stop when faced with a potential collision?
- One of my neighbors reported seeing one car mount the footpath in order to avoid a collision!
- Having faced 3 potentially fatal situations in 3 weeks, and having recorded hours of centreline driving, I am not surprised by that report.
AUSTRALIAN ROAD FATALITIES:
- 2011 – 1,277
- 2012 – 1,303
- TOTAL = 2,580 fatalities – 28.8 fatalities per week or 4 per day.
With more than 4 deaths per day in Australia, it is a gross understatement to say that forcing road users to drive on the wrong side of the road into on-coming traffic (that may not be visible until the last moment before a collision, is “A Clear and Present Danger.”
ARRESTED FOR “ENDANGERING THE PUBLIC” .
Late last week I heard a media report that police had arrested and charged a man for endangering the public. Quite clearly, such activity is a crime and the question that all road users in Australia must ask is this;
“Given that an average of 4 people per day die on Australian roads, why are South Australian authorities ignoring such a potentially lethal clear and present danger?”
NONFEASANCE – A failure to take action when action is required.
A fair question to ask is the question as to whether or not the failure of South Australian authorities to take action to prevent an accident in the “road safety trial” zone constitutes Nonfeasance? The reality is that at anytime a serious or fatal accident could have occurred. The current reality is that with road users in Treves street and Siddall Road still being forced to drive on the wrong side of the road, a fatal accident could still occur at any time, day or night.
Doing nothing until a fatality occurs or until it is administratively convenient to do so is simply not an option. At what point does Nonfeasance become Criminal Negligence? That is a question that responsible authorities should now be asking themselves.
INTERNATIONAL TOURISTS: If you value your life, it may be wise to visit a country where law enforcement authorities crack down on driving on the wrong side of the road, i.e. think carefully before you decide to visit my home state of South Australia.
Ronald Medlicott – A Christian advocate for justice in Australia.