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Deliberately dangerous driving towards cyclists: Is anyone keeping a record?

Julian W. made this Official Information request to Wellington City Council

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From: Julian W.

Dear Wellington City Council,

Is anyone there or around our great harbour city keeping records of how frequently cyclists are experiencing deliberately dangerous driving?

If so, may I have access to those records going back as far as they are available? And, are those records based on police convictions, or what other official or unofficial organization?

If no records exist as yet, then, what will it take to establish them, perhaps in open communication with the police and cycling community?
___________________________

I used to cycle from the top of Chaytor Street, Karori, down Aro Valley, to Wellington Polytechnic about 25 years ago, on a racing bicycle. Regularly, random car drivers would try to overtake me going down hill, knowing that they would have to slow right down on the corners, forcing me to "slam on" my brakes to avoid an accident.

This is just one form of deliberately dangerous driving that is apparently still experienced regularly by many of Wellington's nice regular commuting cyclists I have talked to over the last year or so. Others include deliberate overtaking and turning across the lane of the cyclist, or simply passing far too near, and well within half a meter of the cyclist.

Aotearoa NZ does not have a 1.5 minimum distance passing law, nor pretty much any other law to support the side of the smaller, more vulnerable road user. The only law that does serve the cyclist is one where proof is needed -- such as video evidence, or the testimony of an unrelated/ stranger third party.

What I fear is that it will take major trauma or death for even simple bylaws to be passed in support of cyclists. It would be better for us to avoid such a scenario.

Local council bylaws and national policy alike should reflect not just that cycling is (already decades delayed) climate action, and a more affordable and therefore equitable mode of transport, but also that safe cycle ways do not cover the entire city, and so to truly see the safe cycle ways used to the full, our most unconfident, least fit, and most vulnerable *feeling* of potential cyclists need the full support of the law to feel encouraged to brave the risk of the dangers of sharing the road.

However, I fear the recent establishment of the trial safe cycle ways -- as beautiful as I agree such are -- is sparking some form of a backlash, whether genuine or astroturfed by the dark agents of fossil fuels and older auto industry corporations.

But I have no way of knowing whether the recent *apparent* uptick in reports of deliberately dangerous driving reflects reality on the roads accurately, or more folks are simply online or even on bikes around town recently.

Any help in gaining a sense of clarity on this issue is welcomed and appreciated.

Yours faithfully,
Julian W.

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From: BUS: Assurance
Wellington City Council

Tēnā koe Julian

Thank you for your email dated 1 September 2023.

Our team will manage your request under the Local Government Official Information and Meetings Act 1987 which requires us to respond as soon as possible, but no later than 29 September 2023.

The reference number for your request is IRC-5396.

Please contact us if you have any further questions.

Kind regards

The Assurance Team
Complaints & Information Assurance | Wellington City Council
E [email address] | W Wellington.govt.nz |

The information contained in this email is privileged and confidential and intended for the addressee only.
If you are not the intended recipient, you are asked to respect that confidentiality and not disclose, copy or make use of its contents.
If received in error you are asked to destroy this email and contact the sender immediately. Your assistance is appreciated.

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From: BUS: Assurance
Wellington City Council

Kia ora Julian

Thank you for your email on 1 September 2023 regarding dangerous diving towards cyclist, you requested:

* All records of how frequently cyclist are experiencing deliberately dangerous driving.
* What other un/official organisations have records?
* If no records exist as yet, what will it take to establish them?

I am sorry to hear about your experiences with dangerous drivers around Wellington.

Reports of dangerous diving is given to the New Zealand Police to enforce, more information can be found using this link - https://www.police.govt.nz/advice/drivin.... You can request information from the New Zealand Police by using their online - https://forms.police.govt.nz/oiarequest.

The Council does not record or enforce dangerous divers against cyclists. Your request has been refused under section:
* 17(e) that the document alleged to contain the information requested does not exist or, despite reasonable efforts to locate it, cannot be found.

The Council is currently delivering a safe, connected bike network using an approach that allows us to deliver our objectives more quickly. The purpose of this work is to ensure we can minimise the risk and increase the attractiveness of cycling in Wellington by reducing conflict people vehicles and people on bikes. We are using an accelerated delivery method to try and get the network connected as quickly as possible. We are also currently working on a behaviour change initiative that aims to increase empathy on our roads and encourage safer and more courteous behaviour between all road users.

Additional information can be found here about our bike network:
https://wellington.govt.nz/parking-roads...

If you are not satisfied with the Council's response, you may request the Office of the Ombudsman to investigate the Council's decision. Further information is available on the Ombudsman website, http://www.ombudsman.parliament.nz/.

Kind Regards

Asha Harry
Senior Advisor | Official Information Team | Wellington City Council
W Wellington.govt.nz | |
The information contained in this email is privileged and confidential and intended for the addressee only.
If you are not the intended recipient, you are asked to respect that confidentiality and not disclose, copy or make use of its contents.
If received in error you are asked to destroy this email and contact the sender immediately. Your assistance is appreciated.

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