ROAD RULES: How does the WA Road Code Apply to Cyclists?

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 Australian Cycling Forums and often with misunderstandings of the law shown.  Hence the purpose of this posting is to highlight the relevant sections of the law as they apply in Western Australia with the idea being that this page is a quick reference document. I appreciate the the Department of Transport 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; the currency is unclear and the basis for some of the statements is not made clear.

The relevant law is the  Road Traffic Act 1974 (Act) which has subsidiary legislation in the form of the Road Traffic Code 2000 and the Road Traffic (Bicycles) Regulations 2002.

The Western Australian Parliamentary Counsel’s Office has published a guide to reading legislation, titled, How to read legislation, a beginner’s guide. Well worth a read if you are not familiar with legislation.

 

Key Terms of Relevance to Cyclists

bicycle means a vehicle with 2 or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor) —

(a) including a pedicab, penny-farthing and tricycle; but (b) not including a wheelchair, wheeled recreational device, wheeled toy, scooter or a power-assisted pedal cycle (if the motor is operating);

bicycle crossing lights means a device designed to show, at different times, a green, yellow or red bicycle crossing light;

bicycle hook turn storage area means an area between an intersection and a marked foot crossing, or if there is no marked foot crossing, a stop line, before the intersection that has painted on it one or more bicycle symbols and one or more right traffic lane arrows, and includes any line that delineates the right side of the area, and any line that delineates the left side of the area that is not also a stop line or part of a marked foot crossing but does not include a bicycle storage area;

bicycle lane means a marked lane, or the part of a marked lane —

(a) beginning at a “bicycle lane” sign applying to the lane; and (b) ending at the nearest of the following: (i) an “end bicycle lane” sign applying to the lane; (ii) an intersection (unless the lane is at the unbroken side of the continuing road at a T-intersection or continued across the intersection by broken lines); (iii) if the carriageway ends at a dead end — the end of the carriageway;

[Key term here is "sign." The regulations distinguish between signs and road markings].

bicycle path means a length of path beginning at a “bicycle path” sign or a “bicycle path” road marking and ending at the nearest of the following:

(a) an “end bicycle path” sign, or an “end bicycle path” road marking; (b) a “separated footpath” sign or a “separated footpath” road marking; (c) a carriageway; (d) the end of the path;

bicycle path road marking means a road marking consisting of a bicycle symbol, the words “bicycles only”, or both the bicycle symbol and the word “only”;

bicycle storage area means an area of road before an intersection with traffic control signals —

(a) that has painted on it one or more bicycle symbols; and (b) that is between 2 parallel stop lines, regardless of whether the lines are of equal length; and (c) that opens out from a bicycle lane or shoulder, but does not include either stop line.

carriageway means a portion of a road that is improved, designed or ordinarily used for vehicular traffic, and includes the shoulders, and areas, including embayments, at the side or centre of the carriageway, used for the stopping or parking of vehicles; and, where a road has 2 or more of those portions divided by a median strip, the expression means each of those portions, separately;

driver means any person driving a vehicle or animal; [Road Traffic Act 1974]

footpath means an area that is open to the public that is designated for, or has as one of its main uses, use by pedestrians;

hook turn means a turn made in accordance with Part 4 Division 3 [of the Road Traffic Code 2000];

hours of darkness means the hours falling between sunset, on one day, and sunrise, on the succeeding day;

no bicycles road marking means a road marking consisting of a bicycle symbol with a diagonal line across it, or the words “no bicycles”, or both the symbol and the words;

obstruction includes a traffic hazard, but does not include a vehicle only because the vehicle is stopped in traffic or is travelling more slowly than other vehicles;

path includes bicycle path, footpath, separated footpath and shared path;

rider means the driver of, or person riding, a motor cycle, bicycle, animal or animal-drawn vehicle, but does not include a passenger, or a person walking beside and wheeling a bicycle;

road means any highway, road or street open to, or used by, the public and includes every carriageway, footway, reservation, median strip and traffic island thereon; [Road Traffic Act 1974]

road marking means a word, figure, symbol, mark, line, raised marker or stud, on the surface of a carriageway, to direct or warn traffic;

road sign means a board, plate, screen, road marking, or other device, whether or not illuminated, displaying words, figures, symbols or anything else to direct or warn traffic on, entering or leaving a road;

shared path means an area open to the public (except a separated footpath) that is designated for, or has as one of its main uses, use by both the riders of bicycles and pedestrians, and includes a length of path beginning at a “shared path” sign or “shared path” road marking and ending at the nearest of the following:

(a) an “end shared path” sign or “end shared path” road marking; (b) a “no bicycles” sign, or a “no bicycles” road marking; (c) a “bicycle path” sign; (d) a carriageway; (e) the end of the path;

vehicle includes —

(a) every conveyance, not being a train, vessel or aircraft, and every object capable of being propelled or drawn, on wheels or tracks, by any means; and (b) where the context permits, an animal being driven or ridden; [Road Traffic Act 1974]

 

Road Traffic Code 2000

The Road Traffic Code 2000 is subsidiary legislation with its parent Act being the Road Traffic Act 1974.  The Road Traffic Code 2000 should be read in-conjunction with the Road Traffic Act 1974. The scope of the regulations within the Code are defined in Regulation 4:

(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.

 

Key Sections of the WA Road Traffic Code 200 of Relevance to Cyclists

Regulation 11: Speed Restrictions. There is no specified speed restrictions in the Code releated to shared paths.  The applicable road speed limits apply to cyclists riding on the road as per regulation 11.

Regulations 28: Optional Hook Turns by Cyclists.  Cyclists may make a right turn as a hook turn unless there is a sign to the contary.

Regulation 34(3) – When a right turn is not a right turn. A rider is not turning right if the rider is making a hook turn in accordance with regulation 28.

Regulation 37 – How long should [right and left] signals be given.

Regulation 100. Rider of bicycle or animal to give way to vehicle leaving roundabout.

Regulation 104A. Demerit Point Offences in WA

 

Other Legislation

Culpable driving applies to cyclists: As of August 1, 2008 the Criminal Code of Western Australia, Section 284 deals with “Culpable Driving” of vehicles such as bikes, skateboards, scooters, animals and even shopping trolleys and provides for a penalty of 10 years imprisonment for culpable driving causing death and seven years for causing grievous bodily harm. Culpable Driving includes driving/riding a bike in a manner, including speed, that in the circumstances is dangerous to any person. This offence would apply to a cyclist running down a pedestrian.