A Queensland magistrate has called for drivers to be quizzed every few years on recent road rules during their licence renewal process following an inquest into the deaths of two cyclists in Bundaberg.
In 2014 Dr Timothy Kepui was killed in a collision with a car towing a trailer, while a year later Ian Jensen died after being knocked off his bike by a council truck. Both drivers didn't know the safe overtaking distances of bicycle riders.
![The deaths two cyclists in Bundaberg prompted a magistrate to call for road rules refresher tests when drivers renewed ...](/web/20170405180515im_/http://www.brisbanetimes.com.au/content/dam/images/1/2/3/b/7/a/image.related.articleLeadwide.620x349.gvdo4f.png/1491305230909.jpg)
On March 24 magistrate David O'Connell handed down his findings of the inquest into both men's deaths, saying they provided "an opportunity to recommend improvements aimed at reducing the risk to road users".
"It was touched on at the inquest how little drivers knew of the rules relating to safe overtaking distances of bicycle riders," he said.
"Drivers quizzed on this issue could not correctly answer what the law was, which is dependent on the posted speed limit of the road.
"I think it is desirable that when a driver renews or applies for a driver's licence, that some component of that renewal involves theoretical testing, even a simple question-and-answer test for recent changes to traffic laws."
"I envisage that when a person attends the Department of Transport (or renews online) they simply successfully complete a short quiz of recent rules. As licences are renewed every five years, all licensed drivers would be captured within this period."
On May 3, 2014, Dr Kepui was riding in the pull-over lane of a Bundaberg road when he signalled with his hand that he wanted to cross the traffic lane on his inside and turn right.
There was a line of three cars near 61-year-old Dr Kepui – the first and third car saw the hand signal and started moving to pass the cyclist on the left. However, the second car, which was towing a trailer, instead tried to pass Dr Kepui on the right and hit him. He later died in hospital from a brain haemorrhage as a result of the accident.
Moments before the accident, the driver of the third car said they could see a collision between the car and cyclist was going to happen. As a result, Mr O'Connell ruled "an observant driver had sufficient time to take appropriate action to avoid a collision" and said the cause of the crash was "driver inattention".
On June 1, 2015, Mr Jensen was riding near a Bundaberg supermarket on the far left-hand side of the road, but started merging into the single lane as the passing lane he was in at the time ended.
The passenger of a council truck was concerned that the driver hadn't seen 57-year-old Mr Jensen and yelled a warning as the cyclist merged. However, moments later the rear-view mirror of the truck hit Mr Jensen from behind, knocking him to the ground. He died from the resulting head trauma.
The fact that the passenger of the truck was aware of Mr Jensen and the driver only saw him after a warning was yelled, led to Mr O'Connell ruling the cause of the crash was "driver inattention".
During the direct aftermath of both fatal accidents, police prosecutors withdrew charges of "failing to drive with due care and attention" against both drivers.
In the findings of the coronial inquest, Mr O'Connell disagreed with the decisions.
"Why each charge did not proceed was of concern to me, as in my view there was a clear basis for each charge to continue through the court... I consider the decision not to proceed was flawed," he said.
While the timeframe for charges to be re-laid had expired in the case of Dr Kepui, the expiry date for Mr Jensen's case is on June 1, 2017.
For independent news coverage, be sure to follow our Facebook feed.