Response 415809123

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Barton Lawler

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Glenworth Valley Outdoor Adventures

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Questions 1-6

1) Can you provide additional data or information on costings of injuries and fatalities caused by quad bikes?

1) Can you provide additional data or information on costings of injuries and fatalities caused by quad bikes?
No

2) Would design changes to quad bikes be likely to reduce the number of injuries and fatalities caused by quad bikes in Australia?

2) Would design changes to quad bikes be likely to reduce the number of injuries and fatalities caused by quad bikes in Australia?
In our application no.

4) If your view is that design features should be mandated or prohibited to increase quad bike safety, could the regulation be designed to encourage innovation rather than prescribing particular products or technical solutions (for example by ensuring fitting points or attachment mechanisms to allow the development of improved CPDs or ROPSs or by prescribing performance-based outcomes rather than technical designs)?

4) If your view is that design features should be mandated or prohibited to increase quad bike safety, could the regulation be designed to encourage innovation rather than prescribing particular products or technical solutions (for example by ensuring fitting points or attachment mechanisms to allow the development of improved CPDs or ROPSs or by prescribing performance-based outcomes rather than technical designs)?
Yes encourage innovation.

Questions 7-12

7) Are consumers currently getting adequate information at the purchase point about quad bike use and limitations or safety information and equipment? Should there be additional warnings or instructions displayed at the point of purchase or provided with the sale of quad bikes?

7) Are consumers currently getting adequate information at the purchase point about quad bike use and limitations or safety information and equipment? Should there be additional warnings or instructions displayed at the point of purchase or provided with the sale of quad bikes?
I think what is available is reasonable. Some manufacturers include videos, instruction manuals.

I believe it is reasonably obvious amongst the community that dangers exist with quad bikes. Our experience with conducting 100,000 quad bike rides / tours with mostly beginner type riders over the last 10 years who have collectively done in excess 1.5 million kms or ridden around the circumference of the earth more than 37 times is that quad bikes are actually very safe if they are used in a responsible way in accordance with the purpose for which they are intended.

It would seem to me that the majority of accidents that do happen occur due to misuse, speed, used in a reckless manner, poor supervision, poor risk assessment type approach, the attitude and safety mentality of the individual riders etc. In the main these are issues that largely come down to the personal responsibility and safety of the individual rider. There is no doubt that in the wrong hands quad bikes can be lethal. Likewise with the correct approach taken, quad bikes are very suitable for recreational and work related purposes.

Can we please see some justifications of the amount of injuries to participations by comparison to other activities ie roading motor bikes on roads etc.

9) If your view is that regulation is needed to reduce the number of injuries and fatalities caused by quad bikes in Australia, how should these be implemented? One proposed option is to prohibit or mandate particular design features; another is to increase consumer information, including through a consumer safety rating system; a third option is a combination of both:

9) If your view is that regulation is needed to reduce the number of injuries and fatalities caused by quad bikes in Australia, how should these be implemented? One proposed option is to prohibit or mandate particular design features; another is to increase consumer information, including through a consumer safety rating system; a third option is a combination of both:
No I don't. I don't just think the topic needs looking at from a WHS perspective but also in a recreational context on private property and even a commercial perspective from a tourism perspective.

10) If the ACCC recommends a mandatory safety standard for quad bikes:

10) If the ACCC recommends a mandatory safety standard for quad bikes:
Absolutely.

From a recreational perspective on private property I have to say I don't understand why there is such a continual obsession with quad bike safety. Why is is ok to allow people to put themselves at risk of death by being overweight, smoking cigarettes, sunbaking or drinking alcohol etc which cause some of the leading forms of death yet when it comes to riding quad bikes there seems to be a very emotive and high interest in preventing as many deaths as possible at all costs.

In the commercial/tourism sector the incident rate is extraordinarily low. We run both quad bike tours and horse riding trail rides and there is a far high incident rate with horse riding than there is with quad biking in the commercial / tourism sector.

The commercial / tourism sector already has an excellent approach to safety management issues, all rides are supervised by professional guides who have been extensively trained etc and if there were ever a high rate of incidents then that operator and in fact the industry would be unable to gain public liability insurance.

The worst incident we have ever had in 10 years, with 100,000 riders having ridden a collective 1.5 million kms which is the equivalent to 37 times around the circumference of the globe is a fractured leg. This came about because in the last 10 minutes of a ride when a customer turned around to look at their friends (despite being told not to do so in our safety brief). When the customer turned back around their bike was starting to wander off towards the side of the road. Instead of steering the bike via the handle bars the customer instead jumped off the side of the bike while it was travelling and in the course of doing so fractured their leg.

Our usage statistics from the commercial tourism industry demonstrate that contrary to popular opinion or what happens elsewhere with quads that commercial tourism operators are well managed, safety conscious and there is no justification for additional regulation that effects all users of quad bikes etc.

All riders at our operation and in fact at all operators I have inspected provide thorough training and assessment before anyone is allowed to engage in a tour. Unsuitable riders who don't pass the assessment test are refused permission to join the tour. Once tours commence out on the trail the activity is managed in a controlled environment ie guides at the front and rear and the whole activity is very tightly supervised. Hence why the incident rate for commercial operators in the tourism sector are so low.

12) Please provide any other information you consider may be relevant to the ACCC’s consideration of these issues.

12) Please provide any other information you consider may be relevant to the ACCC’s consideration of these issues.
Please dont take a blunt overly prescriptive approach to trying to lower the incident rate to all users of quad bikes. Please consult with the various sectors of the industry separately ie hold a public workshop type day with industry operators in the commercial tourism sector to ensure that the nature of the commercial tourism is properly understood before a blunt, broad stroke approach is taken to all users of quad bikes.