The issue of what cyclists can and can’t do on the road and/or shared paths comes up frequently in online forums such as Bicycles Network Australia and often with misunderstandings of the law shown. Hence the purpose of this posting is to highlight the relevant sections of the law as a quick reference. I appreciate the the Department of Planning and Infrastructure also has a Fact Sheets series covering some of these issues, but my concern is that these are not always as correct as they should be and as I recently noted in a forum posting, law is spelt L-A-W (paraphrasing Mr Keating) and not D-P-I, so here goes.
The relevant law is the Road Traffic Code 2000 (updated November 14, 2009) (Road Traffic Act 1974) and the Road Traffic (Bicycles) Regulations 2002. Please note that the Regulations are WA specific whereas the Road Traffic Code 2000 is based on the National Road Code.
Culpable Driving applies to cyclists – covered in a separate blog posting
Added July 24, 2010 - Lights on Bicycles
In July 2010 Bicycling WA commenced its Light Up! campaign, albeit if an article in The Post July 24, 2010 is anything to go by with a degree of inaccuracy, hence this reminder of what the law is on lights on bicycles. The relevant section of the Road Traffic Code 2000 is Section 224 and of the Road Traffic (Bicycles) Regulations 2002 is Section 12.
Section 224 of the Road Traffic Code 2000 states:
(1) A person shall not ride a bicycle during the hours of darkness, or in hazardous weather conditions causing reduced visibility, unless the bicycle, or the rider, displays
(a) a flashing or steady white light that is clearly visible for at least 200 m from the front of the bicycle;
(b) a flashing or steady red light that is clearly visible for at least 200 m from the rear of the bicycle; and
(c) a red reflector that is clearly visible for at least 50 m from the rear of the bicycle when light is projected onto it by a vehicle’s headlight on low-beam.
Section 12 of the Road Traffic (Bicycles) Regulations 2002 states:
(1) If a bicycle is being ridden between sunset and sunrise —
(a) there must be attached to the bicycle a lighted front light showing an unbroken white light that is clearly visible at a distance of 200 m from the front of the bicycle; and
(b) there must be attached to the bicycle or its rider a lighted rear light showing —
(i) an unbroken red light; or
(ii) a red light that flashes regularly at the rate of not less than 60 per minute, visible at a distance of 200 m from the rear of the bicycle.
(2) The vertical distance from the ground to the centre of each light referred to in subregulation (1) is to be at least 330 mm.
(3) In addition to the light required under subregulation (1)(a), a front light showing a white flashing light may be attached to a bicycle or its rider.
Astute readers may have picked up the apparent variation in the requirements in the Code indicates a front flashing or steady light is okay whereas the Bicycle Regulations require a as a minimum a steady front light. My preference is hence for a steady front light both for me to see by as well as to allow motorists and other cyclists to better place me on the road and/or path. Steady lights are also less distracting in my view.
Riding Along Side other Riders – Can or can’t we?
Well we can and we can’t. The law distinguishes between shared paths and the road. On shared paths, riding along side another rider is only allowed when passing. On roads one can ride along side another rider but we can only go wider if passing. When riding alongside another rider, we should not be more than 1.5 metres apart.
The relevant sections are:
Section 130: Riding a 2-wheeled vehicle alongside more than one other rider
(1) The rider of a motor cycle, moped, power-assisted pedal cycle or bicycle shall not ride on a carriageway that is not a multi-laned carriageway alongside more than one other rider, unless the rider is overtaking the other riders.
(2) The rider of a motor cycle, moped, power-assisted pedal cycle or bicycle shall not ride in a marked lane on a carriageway alongside more than one other rider, unless the rider is overtaking the other riders.
(3) The rider of a power-assisted pedal cycle or bicycle shall not ride on a path alongside another rider, unless the rider is overtaking the other rider.
(4) If the rider of a motor cycle, moped, power-assisted pedal cycle or bicycle is riding on a carriageway that is not a multi-lane carriageway alongside another rider, or in a marked lane alongside another rider in the marked lane, the rider shall ride not over 1.5 m from the other rider.
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