"illegal" to provide "rider training" to L and P riders (NSW) ...WTF?

Discussion in 'Australian Motorcycles' started by alx, Apr 14, 2009.

  1. alx

    alx Guest

    ref ** Motorcycle Riders Handbook (NSW)** (page 20) states:-

    "Anyone who provides rider training to learner or provisional riders
    must hold a current NSW driving instructor licence for Class r.
    Heavy penalties apply for providing unlicensed instruction."

    http://www.rta.nsw.gov.au/licensing/downloads/motorcycle_riders_handbook.pdf

    Any useful comments on just what this bizarre and unrealistic
    statement means?

    Does this mean that any learner that asks me to re-explain counter
    steering...or to accompany them down to the local carpark to do some
    cone weaves and U turns.

    Or that anyone attending any of the popular "L and P" rides, that
    dares to impart pearls of wisdom to an L or P rider, is subject to
    heavy penalties?

    Alternatively I will accept that the true intent (and the Handbook is
    merely a readable representation of the relevant legislation and
    regulatory framework, rather than "gospel")....the true intent is to
    ensure only licensed instructors may be remunerated for their
    services.
     
    alx, Apr 14, 2009
    #1
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  2. alx

    jl Guest

    Naah Al you just have to put your car hat on and think like the
    car-centric bods who wrote it.

    In a car (or truck) the "instructor" sits in the passenger seat and can
    be anyone with a full licence for that vehicle

    So I'll bet 10 bucks if you pull out the car manual you'll find an
    identically worded sentence with Class C substituted for Class R

    Now of course the RTA rider's handbook isn't a legal document as you
    mention in your "alternative" option so you need to look at the
    legislation to be sure.

    Without bothering to get check it I'll bet you 2 schooners of your
    favourite beer that there is no proscription in the legislation against
    the sort of activities you mention.

    Oh sod it I hate guessing <brings up austlii>

    http://www.austlii.edu.au/au/legis/nsw/consol_act/rtla1998340/
    http://www.austlii.edu.au/au/legis/nsw/consol_reg/rtlr2008431/index.html

    http://www.austlii.edu.au/au/legis/nsw/consol_reg/rtlr2008431/s17.html

    So basically, no. Ignore it, along with everything else the RTA says...

    Certified Riding instructors are required to provide the official
    training at L and P's courses. Provision of formal training by someone
    unqualified is illegal

    Accepting payment for providing formal training whether as part of an
    Ls/Ps course or as one on one training is also illegal under

    DRIVING INSTRUCTORS ACT 1992
    http://www.austlii.edu.au/au/legis/nsw/consol_act/dia1992262/s4.html#driving_instructor
    http://www.austlii.edu.au/au/legis/nsw/consol_act/dia1992262/

    On the other hand it's perfectly OK for a non compensated person to give
    someone their two bobs worth

    http://www.austlii.edu.au/au/legis/nsw/consol_reg/dir2003353/s5.html

    JL
     
    jl, Apr 14, 2009
    #2
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  3. alx

    alx Guest

    Thankyou Sir, I'll have that ten bucks in caffeine shots please.

    The anomaly is that the learn-to-drive-a-car/truck regime requires
    some level of supervision by an appropriately licensed "supervisor".
    There is no similar warning in the Drivers Handbook re: illegality of
    training a learner or provisional driver. In fact, example mentions a
    "supervisor" and vehicle (truck) used for "tuition", which suggests/
    mandates some measure of teaching/instructing.

    Can't accept that wager as I accept your premise :)

    woohoo! Spit Road speed cameras here I come!
    Even that is no guarantee of quality.

    Reliable hearsay evidence conveyed to me is of witnessing the U turn
    component of the MOST being instructor-simplified to more of a C-
    turn..ie just dipping in and out of the U turn box. A technique
    rightly condemned by another onlooking instructor.

    Must have needed their pass ratio quota improved for the month I
    spose.

    I'd rather not receive gratification from anyone called Bobs.


    So...

    http://www.news.com.au/dailytelegraph/story/0,22049,25325472-5001021,00.html

    Well I trust the new digs....harbour views and a six hundred dollar
    comfy chair...allows the editorial juices to flow and prevent such
    utterly poorly researched and condensed crap finding its way into
    official and officious handbooks again.
     
    alx, Apr 14, 2009
    #3
  4. alx

    CrazyCam Guest

    The quality does vary greatly! :-(

    The various schools doing the L and P courses have some very good
    instructors, but, <shrug> some, particularly some of the part timers,
    aren't too flash.

    Some expression relating to monkeys and peanuts, springs to mind as a
    possible explanation.

    I think you get more money per hour stacking stuff on shelves at a
    supermarket.
    AFAIK, some place in the small print, a licenced onlooking instructor is
    legally obliged to report such activities to the RTA.
    Aye, John, but it is very scary some of the rubbish that folk can try
    and tell the inexperienced rider. :-(

    Did Anna tell you about the "two glasses of wine" tip? ;-)

    regards,
    CrazyCam
     
    CrazyCam, Apr 14, 2009
    #4
  5. alx

    alx Guest

    Well that's a great way to get a nice loose, relaxed and comfortable
    riding posture eheh.

    I think my Dad did that in Melbourne many many decades ago...late one
    night...then attempted a U turn in front of a patrolling constable.
    Here's the other tip...don't forget the sidecar was detached the day
    before.
     
    alx, Apr 15, 2009
    #5
  6. alx

    Diogenes Guest

    Well if dollars per hour is what drives people's job choices, then may
    I suggest they all become "security contractors" in Iraq?

    [aside] Remember when they were called mercenaries and the world in
    general outlawed the use of mercenaries back then? How things have
    changed... Ah, the beauty of unfettered capitalism... "Drinkin' rum
    and coca-a-a cola-a-a-a..."

    =================

    Onya bike

    Gerry
     
    Diogenes, Apr 15, 2009
    #6
  7. alx

    JL Guest

    Baah humbug I'm not paying up until I've perused the book in question
    - the RTA have never let my cynicism down before ! ;-P
    Well sorta, there is no issue other then lack of understanding by some
    twat in the RTA charged with writing up the manual. And lack of
    understanding is most certainly not an anomaly in the RTA.. it's
    definitely the norm !
    I said ignore what they say, I didn't say ignore their actions... :)
    Never said it was, or even implied it.

    Highly improbable, luxury accommodation is hardly like to improve on
    the base incompetence displayed. That would require re-education and
    an IQ greater than a carrot...
     
    JL, Apr 15, 2009
    #7
  8. alx

    JL Guest

    Indeed both to car and bike novices. There are many semi-competents
    who think they're Schumacher / Doohan.
    Errr no, but I dread to think, I can probably guess in fact

    JL
    A couple of glasses of wine will relax you perchance ?
     
    JL, Apr 15, 2009
    #8
  9. alx

    JL Guest

    I can think of a number of ways to be better paid than that.

    JL
     
    JL, Apr 15, 2009
    #9
  10. alx

    Nev.. Guest

    I think the word "provides" is the key word there. They're talking
    about service providers not well meaning associates... and speaking of
    associates.. they're going to need to reword that because I think
    driving instruction is one of the banned jobs on the "bikie" list.

    Nev..
    '07 XB12X
    '08 DL1000K8
     
    Nev.., Apr 15, 2009
    #10
  11. alx

    CrazyCam Guest

    Correct!

    regards,
    CrazyCam
     
    CrazyCam, Apr 15, 2009
    #11
  12. alx

    CrazyCam Guest

    ....and, there are likely only a handful of aus.moto folk with the
    required experience, and I certainly ain't one of them. ;-)

    Part time bike riding instructors basically operate as contractors, thus
    shifting any potential onus of "blame" away from the school's operators.

    Typically, they are expected to do two classes in two days of the
    pre-learners course.

    They (typically) have to check out the motorcycles for use before the
    first students arrive, and sign them off as safe and in good condition.

    They then have do do the paperwork processing of ID checks etc.

    Then do the "half day" course, which, BTW, for those that haven't done
    it is quite physically demanding, trying to supervise 5 (possibly
    complete) learners.

    The course is carefully scripted, and timed, so a learner who say has a
    small gravity attack, basically stuffs up the timing for the rest of the
    course, on account of the forms to be filled in. :-(

    A very short lunch break (without even a beer!) and then another 5 folk
    for the arvo's session.

    Now, during the course of the course, the instructor is the legally
    responsible adult, basically any shit that happens is his/her fault.

    End of arvo's course, instructor has to put away the bikes and tidy up.

    Same again the next day, with a typical day being about 10 hours of
    fairly hard work.

    For this you are likely to get about $14 per hour, plus, free lectures
    from the school's management on professionalism, all sorts of strange
    legal requirements to report "errant" behaviour you may see in other
    instructors, oh, yes, and you get to do it at the times the full-time
    instructors don't want to work.... weekends.

    You also get the joy of doing this, rain hail or shine where ever the
    school is situated.

    Hint:-StayUpright is good at Clyde cause there is some shelter there.

    regards,
    CrazyCam
     
    CrazyCam, Apr 15, 2009
    #12
  13. alx

    CrazyCam Guest

    Hi Nev.

    Just for your info, to get a motorcycle instructor's licence, in NSW,
    you have to have police clearance, so I'd imagine that those nasty bikie
    types with long police records, wouldn't get the licence in the first place.

    regards,
    CrazyCam
     
    CrazyCam, Apr 15, 2009
    #13
  14. alx

    Yeebok Guest

    I believe it means under the LAMS system the pre-learner, post-learner
    and testing must be done by a certified instructor. There's no law to
    stop bikers riding together in there, nor any intent to stop a more
    experienced rider offering advice.

    In other words your mate can't do the letter you take to the RTA that
    entitles you to get your bike learner's.
     
    Yeebok, Apr 15, 2009
    #14
  15. alx

    jl Guest

    Mmm but same goes to be a mercenary sorry security contractor.
    Which is exactly why when I was going to do it to "give back" to the
    motorcycling community I decided it wasn't worth it - I was actually
    better doing unpaid community work for a charity. The expectations they
    attach to that $14 are off the planet, it staggers me that people do it.

    JL
     
    jl, Apr 15, 2009
    #15
  16. alx

    alx Guest

    Given that the bikie fraternity couldn't care less about acquiring a
    firearms licence (or even explosives ticket), gaining a rider licence
    would not be high on their list of priorities.
     
    alx, Apr 15, 2009
    #16
  17. alx

    Peter Wyzl Guest

    Have you seen anything about the new proposed 'working with children' card?
    One of it's more delightful pieces of insanity is that the card would be
    required by anyone over the age of 15 who in the course of their employment
    could be expected to be in contact with anyone under tha age of 18.

    1) That includes pretty much most employed people.
    2) Minors need to be protected from people _younger_ than themselves?

    I guess real comment should wait until something more concrete is on the
    table, but the cynic in me doesn't hold high hopes.

    P
     
    Peter Wyzl, Apr 15, 2009
    #17
  18. alx

    alx Guest

    Would have been more informative to place that bit of info in the
    Handbook, instead of the misleading crud that did get into its only
    highlighted "look here" box.
     
    alx, Apr 15, 2009
    #18
  19. alx

    Nev.. Guest

    No it doesn't. The vast majority of people will never be in contact
    with children during the course of their employment. In most cases it
    is only people who are 'in charge' of the children, have the children
    put in their care or trust, or those who deal directly with them who
    would be affected, so it's pretty much limited to kinder/school
    teachers, people in places where school children go during school hours,
    on excursions, camps etc.
    Yes. The law applies to everyone equally. Do you have a better system
    where the laws would apply non-uniformly?
    What exactly do you think is wrong with the proposed laws? They seem to
    be a formalisation of background checks which are already applied to
    people working with children in most/all states already.

    Nev..
    '07 XB12X
    '08 DL1000K8
     
    Nev.., Apr 15, 2009
    #19
  20. alx

    Peter Wyzl Guest

    That would be sensible, but that is _not_ what the publicity says.

    Here quote:
    "The card will apply to anyone over the age of 15 who it is reasonably
    assumed could come into contact with anyone under the age of 18 during the
    course of their employment/volunteering."

    And

    "At this stage the legislation reads that anyone over 15 working with anyone
    under 18 needs the card, meaning everyone in a workplace that has an
    employee under the age of 18 would need one. This has Massive implications
    for workplaces like McDonalds, Woolworths or any business employing jnr
    staff including apprentices."
    How about 'Anyone 18 or over in charge of people younger than 18 having to
    have a card'?
    I have no issue with the formalisation, nor the increased reporting and
    tracking capability. I have a problem with the wording of the publicity
    documents, which state exacly what I said above , and not something more
    sensible, which was your interpretation of the current law.

    Many people age 15 and over are emplyed in shopping centres all over the
    place, and anyone in any customer facing position could reasonably be
    expected to have dealings with people under 18 on a regular basis,
    including, in the case of said 15 year olds at K-mart, their peers and
    superiors who are under 18.

    Anyway, my real point was just another example like JL's of the Government
    getting the publicity wrong.

    P
     
    Peter Wyzl, Apr 15, 2009
    #20
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