Summary of Australian Road Rules for Cyclists

donnaeastman
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Re: Summary of Australian Road Rules for Cyclists

Postby donnaeastman » Tue Apr 24, 2018 3:18 pm

Thanks for this post! This is very helpful, now I know when and how to use my bike properly.

roberto73
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Re: Summary of Australian Road Rules for Cyclists

Postby roberto73 » Mon Apr 30, 2018 9:51 pm

Rule 119 says cyclists have to give way to "exiting vehicles" on two lane roundabouts. I assume this doesn't mean giving way to a vehicle behind you in the same lane, if they entered the roundabout at the same entry as you, because you wouldn't know what they were intending? If they entered on your right (at the entry 90 deg around from you) just after you entered you might see their indicator, so do you have to stop or slow to allow them to exit, even it they are behind you in the same lane? It is a pretty big ask to expect a cyclist to be aware of every other vehicles intentention in and approaching a roundabout.

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find_bruce
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Re: Summary of Australian Road Rules for Cyclists

Postby find_bruce » Tue May 01, 2018 10:35 am

Bob you need to read rule 119 in the context of Part 9 of the road rules which deals with roundabouts. Rule 111 provides the rules for 2 lane roundabouts, the simple version of which is turn left from the left lane, turn right from the right lane & straight ahead from either lane.

The exception for bicycles is that they can stay in the left lane and turn right. The rule applies to a car that entered from the same entry but in the right hand lane - they are entitled to go straight ahead & the cyclist must give way to them before turning right

If they entered from the left lane the same as the cyclist, it cannot arise as the car must turn left or go straight ahead.

If they entered from the next entry, it shouldn't arise as they should be using the same exit as the cyclist

In my experience the default rules never apply at multi-lane roundabouts & there are always traffic arrows intended for the usual traffic flow.

Do you have a particular multi-lane roundabout in mind

I prefer to avoid multi-lane roundabouts and when I can't, I enter the roundabout in accordance with the usual vehicle rules - ie if I'm turning right I will be in the right hand lane.

A common misconception is about cars approaching a roundabout - there is no right to enter a roundabout at the speed limit & no-one is required to give way to a car approaching a roundabout.

A single lane roundabout near me that illustrate that this behaviour makes roundabouts dangerous. Sibbick St, Bilby St & Byrne Ave Abbotsford - cars traveling on Bilby St approach the roundabout as if everybody must give way to them - they are then unable or unwilling to stop when I enter the roundabout from Sibbick St turning right.

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Cycleops70
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Re: Summary of Australian Road Rules for Cyclists

Postby Cycleops70 » Wed May 16, 2018 2:07 pm

I have a question related to the scope of the WA road traffic code 200 (section 2)
It states that;

4 . Scope of regulations
(1) Unless the context requires otherwise, these regulations apply to persons, vehicles and things on roads only, and where a provision of these regulations requires, or prohibits, the doing of any act or thing, that requirement or prohibition relates to the doing of that act or thing, on a road.


(2) Where a provision of these regulations requires, or prohibits, the doing of any act or thing on a path, that requirement or prohibition only relates to the doing of that act or thing, on the path if the path forms a part of a road.

How I understand this is; everything contained in the road traffic code 2000 only applies if you are on the road, not a path.

Anything within the code can only be applied to paths, if that particular code specifically refers to a path, & that path forms part of the road.

Putting aside whether a path "forms part of the road" by simply being within the road reserve. There are a lot of rules within the code (including helmets & phones) that do not include the term paths. And if they did, would not be applicable on a path not associated with a road. For example, through parks where there is no road.

Am I reading too much from this?
To me it reads like the RTC 2000 is not applicable on any path, unless it is within the road reserve, and the a regulation specifically includes paths.

I'm not sure if I'm willing to test this with regard to helmets, but I'm interested in others interpretation.
Last edited by Cycleops70 on Mon Jun 04, 2018 5:52 pm, edited 1 time in total.

Scott_C
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Re: Summary of Australian Road Rules for Cyclists

Postby Scott_C » Wed May 16, 2018 2:46 pm

Cycleops70 wrote:I have a question related to the scope of the WA road traffic code 200 (section 2)


This is one of those questions that probably won't be satisfactorily resolved without an actual lawyer or possibly a judge but, for what it is worth, it is my understanding that the RTC2000 does not apply on a path away from a road/outside of a road reserve. In areas away from roads the relevant council bylaws apply instead (and may include restrictions on cycling and helmets).

The definition of road used in the Code is sufficiently wide that I believe it includes all paths within the road reserve as being part of a 'road'. The term Carriageway is used in the Code to refer to what a layperson calls a road.

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Thoglette
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Re: Summary of Australian Road Rules for Cyclists

Postby Thoglette » Wed May 16, 2018 5:20 pm

Scott_C wrote:
Cycleops70 wrote:I have a question related to the scope of the WA road traffic code 200 (section 2)

This is one of those questions that probably won't be satisfactorily resolved without an actual lawyer or possibly a judge but,

...it was discussed at length in the Western Australia sub-forum a few years back. The discussion involved a number of people with access to legal advice and case law (as part of their day job) and the collective opinion was that Scott's view is correct.

The caveat is that section 73 of the act notes that "Certain offences extend to driving or attempting to drive in public places" applies to certain motor vehicle offences. In fact, most of the interesting ones (DUI, stopping at accidents etc). However it does not include Section 111 under which the Regulations are made.

There are other references to public places and car parks (e.g. around road rage etc.) within the act. Some of these may affect cyclists.
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Cycleops70
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Re: Summary of Australian Road Rules for Cyclists

Postby Cycleops70 » Thu May 17, 2018 2:34 pm

I had a quick look in my local bylaws & couldn't find anything related to bikes, or helmets.
Would police be able to enforce bylaws? Or is that the responsibility of local government only?

Thoglette, are you referring to the road traffic act 1974, not the road traffic code 2000?
If so, I agree, the drink driving law within that is clearly applicable to any public place. But refers to motor vehicles only.
I can't find any reference to bicycle helmets within the RTA 1974.

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Thoglette
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Re: Summary of Australian Road Rules for Cyclists

Postby Thoglette » Fri May 25, 2018 5:44 pm

Cycleops70 wrote:Thoglette, are you referring to the road traffic act 1974, not the road traffic code 2000?

The Act.

Cycleops70 wrote:If so, I agree, the drink driving law within that is clearly applicable to any public place. But refers to motor vehicles only.
Agreed.

Cycleops70 wrote:I can't find any reference to bicycle helmets within the RTA 1974.

There's a mention of PPE in the powers of the Guvnor to make regulations (111. 2 c (ii) "requiring the drivers and passengers ....to wear prescribed items of equipment"). I presume this power is also used for regulations on seat belts and m'cycle helmets.
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Re: Summary of Australian Road Rules for Cyclists

Postby find_bruce » Mon Jun 04, 2018 4:45 pm

Scott_C wrote:
Cycleops70 wrote:I have a question related to the scope of the WA road traffic code 200 (section 2)


This is one of those questions that probably won't be satisfactorily resolved without an actual lawyer or possibly a judge but, for what it is worth, it is my understanding that the RTC2000 does not apply on a path away from a road/outside of a road reserve. In areas away from roads the relevant council bylaws apply instead (and may include restrictions on cycling and helmets).

The definition of road used in the Code is sufficiently wide that I believe it includes all paths within the road reserve as being part of a 'road'. The term Carriageway is used in the Code to refer to what a layperson calls a road.

An actual lawyer won't resolve this either - all they can do is set out their opinion which a court may disagree - I haven't been able to find any decision that touches on it. The 2nd paragraph was a new provision in 2000 & didn't appear in the Road Traffic Code 1975.

It seems a decent argument, but I wouldn't recommend going out of your way to test it.

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ColinOldnCranky
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Re: Summary of Australian Road Rules for Cyclists

Postby ColinOldnCranky » Tue Jun 05, 2018 10:29 am

Cycleops70 wrote:I have a question related to the scope of the WA road traffic code 200 (section 2)
It states that;

4 . Scope of regulations
(1) Unless the context requires otherwise, these regulations apply to persons, vehicles and things on roads only, and where a provision of these regulations requires, or prohibits, the doing of any act or thing, that requirement or prohibition relates to the doing of that act or thing, on a road.


(2) Where a provision of these regulations requires, or prohibits, the doing of any act or thing on a path, that requirement or prohibition only relates to the doing of that act or thing, on the path if the path forms a part of a road.

How I understand this is; everything contained in the road traffic code 2000 only applies if you are on the road, not a path.

Anything within the code can only be applied to paths, if that particular code specifically refers to a path, & that path forms part of the road.

Putting aside whether a path "forms part of the road" by simply being within the road reserve. There are a lot of rules within the code (including helmets & phones) that do not include the term paths. And if they did, would not be applicable on a path not associated with a road. For example, through parks where there is no road.

Am I reading too much from this?
To me it reads like the RTC 2000 is not applicable on any path, unless it is within the road reserve, and the a regulation specifically includes paths.

I'm not sure if I'm willing to test this with regard to helmets, but I'm interested in others interpretation.


The term "Road" includes the path. What you and I think of as the roadway is, in regs and statute, referred to as the "carriageway".

However, you have specified the bit that makes it legal to, for example, ride a bike around the river in South Perth without a helmet as the paths there are NOT part of any "roadway". Contrary to popular opinion it is perfectly legal to ride on many paths in many public places without a helmet. I posed that once to a cop at a cylcling event once and was gratified that he knew that level of detail wrt to cylists.

An example of an exception applying more broadly than roads is reckless driving in shopping centre car parks. It used to be legal but, in WA at least, they regulated some common sense into the regs many years ago. You can also be done for dink driving in those same car parks.
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