Road Safety Road Rules Amendment (Electric Scooter Trial) Rules 2021 (Vic)

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Road Safety Road Rules Amendment (Electric Scooter Trial) Rules 2021

S.R. No. 135/2021

TABLE OF PROVISIONS

Rule  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Principal Rules

Part 2—Application of Rules

5What is a vehicle

6Who is a driver

7Who is a rider

Part 3—Making turns

8Starting a left turn from a road (except a multi-lane road)

9Starting a left turn from a multi-lane road

10Division does not apply to certain turns

11Starting a right turn from a road (except a multi‑lane road)

12Starting a right turn from a multi-lane road

13Making a hook turn at a hook turn only sign

14Optional hook turn by a bicycle rider

15Bicycle rider making a hook turn contrary to no hook turn by bicycles sign

16Making a U-turn contrary to a no U-turn sign

17Making a U-turn at an intersection without traffic lights

18Making a U-turn at certain crossings

19Making a U-turn on a road related area with traffic lights

Part 4—Change of directions and stop signals

20Giving a right change of direction signal

21Division does not apply to bicycle riders or certain tram drivers

22Stopping for a red traffic light or arrow

23Stopping for a yellow traffic light or arrow

24Proceeding when traffic lights or arrows at an intersection change to yellow or red

25Giving way when turning at an intersection with traffic lights

Part 5—Giving way

26Part 7—Giving way

27Stopping and giving way at a stop sign or stop line at other places

28Giving way at a give way sign or give way line at an intersection (except a roundabout)

29Giving way at a give way sign at a bridge or length of narrow road

30Giving way at a give way sign or give way line at other places

Part 6—Traffic signs and road markings

31Part 8—Traffic signs and road markings

32Left turn signs

33Right turn signs

34No turns signs

35No left turn and no right turn signs

36No overtaking or passing signs

37No overtaking on bridge signs

38Emergency stopping lane only signs

39One-way signs

40Keep left and keep right signs

41No entry signs

42Hand-held stop signs

43Safety ramp and arrester bed signs

Part 7—Roundabouts

44Entering a roundabout from a multi-lane road or a road with 2 or more lines of traffic travelling in the same direction

45Giving way by the rider of a bicycle or animal to a vehicle leaving a roundabout

Part 8—Keeping left, overtaking and other driving rules

46Keeping to the left of oncoming vehicles

47Keeping to the left of the centre of a road or the dividing line

48Keeping off a dividing strip

49Keeping off a painted island

50No overtaking etc. to the left of a vehicle

51Keeping a sufficient distance when passing to the right side of a bicycle

52Driving within a single marked lane or line of traffic

53Moving from one marked lane to another marked lane across a continuous line separating the lanes

54Driving on or across a continuous white edge line

55Circumstances in which a motor cycle rider may engage in lane filtering

56Bicycle lanes

57Bus lanes

58Tram lanes

59Exceptions to driving in special purpose lanes etc.

Part 9—Restrictions on stopping and parking

60Stopping in an emergency stopping lane

61Stopping on a path, dividing strip, nature strip, painted island or traffic island

62Stopping on a road with a bicycle parking sign

Part 10—Lights and warning devices

63Heading to Division 1 of Part 13 amended

64Division does not apply to riders of bicycles, animals or animal-drawn vehicles

Part 11—Rules for pedestrians

65Getting on or into a moving vehicle

66Pedestrians on a bicycle path or separated footpath

67Division 2—Rules for persons travelling in or on wheeled recreational devices and wheeled toys

68Travelling in or on a wheeled recreational device or toy on a footpath or shared path

69Travelling on rollerblades etc. on a bicycle path or separated footpath

70Meanings of scooter

71Travelling on an electric personal transporter on a bicycle path or separated footpath

Part 12—Additional rules for bicycle riders

72Part 15—Additional rules for bicycle riders

73New heading to Division 1 of Part 15 inserted and new rule 244W inserted

74Riding in a bicycle lane on a road

75Entering a bicycle storage area

76Giving way while entering or in a bicycle storage area

77No riding across a road on a crossing

78Riding on a separated footpath

79Riding on a footpath or shared path

80Riding to the left of oncoming bicycle riders on a path

81No bicycle signs and markings

82Bicycle riders not to cause a traffic hazard

83Bicycles being towed etc.

84Riding too close to the rear of a motor vehicle

85Bicycle helmets

86Equipment on a bicycle

87Riding at night

88Stopping for a red bicycle crossing light

89Stopping for a yellow bicycle crossing light

90Proceeding when bicycle crossing lights change to yellow or red

91New Division 2 of Part 15 inserted

Part 13—Rules for persons travelling in or on vehicles

92Opening doors and getting out of a vehicle etc.

Part 14—Miscellaneous road rules

93Driving on a path

94Driving on a nature strip

95Use of mobile phones

96Leading an animal while in or on a vehicle

97Direction by a police officer or authorised person

Part 15—Traffic control devices and traffic‑related items

98How separated footpath signs and separated footpath road markings apply

Part 16—Dictionary

99Dictionary

Part 17—Reader's Guide

100Reader's Guide

═════════════

Endnotes

STATUTORY RULES 2021

S.R. No. 135/2021

Road Safety Act 1986

Road Safety Road Rules Amendment (Electric Scooter Trial) Rules 2021

The Governor in Council makes the following Rules:

Dated: 9 November 2021

Responsible Minister:

BEN CARROLL
Minister for Roads and Road Safety

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

Part 1—Preliminary

1Objective

The objective of these Rules is to amend the Road Safety Road Rules 2017 to make provision for the use of electric scooters on roads and road related areas on a trial basis.

2Authorising provision

These Rules are made under section 95D of the Road Safety Act 1986.

3Commencement

These Rules come into operation on 15 November 2021.

4Principal Rules

In these Rules, the Road Safety Road Rules 2017[1] are called the Principal Rules.

Part 2—Application of Rules

5What is a vehicle

After rule 15(b) of the Principal Rules insert

"(ba)an electric scooter; and".

6Who is a driver

(1)In rule 16(1) of the Principal Rules, after "bicycle," insert "electric scooter,".

(2)In note 1 at the foot of rule 16(1) of the Principal Rules, after "Bicycle" insert ", electric scooter".

7Who is a rider

(1)In rule 17(1) of the Principal Rules, after "bicycle," insert "electric scooter,".

(2)In note 1 at the foot of rule 17(1) of the Principal Rules, after "Bicycle" insert ", electric scooter".

(3)In rule 17(2)(b) of the Principal Rules, after "bicycle" insert "or an electric scooter".

Part 3—Making turns

8Starting a left turn from a road (except a multi-lane road)

In rule 27(1A) of the Principal Rules, for "bicycle who" substitute "bicycle or an electric scooter who".

9Starting a left turn from a multi-lane road

In rule 28(2A) of the Principal Rules, for "bicycle turning" substitute "bicycle or an electric scooter turning".

10Division does not apply to certain turns

(1)In rule 30(1)(b) of the Principal Rules, after "bicycle" insert "or an electric scooter".

(2)In note 1 at the foot of rule 30(1) of the Principal Rules, after "Bicycle," insert "electric scooter,".

11Starting a right turn from a road (except a multi‑lane road)

In rule 31(4A) of the Principal Rules, for "bicycle who" substitute "bicycle or an electric scooter who".

12Starting a right turn from a multi-lane road

In rule 32(2A) of the Principal Rules, for "bicycle turning" substitute "bicycle or an electric scooter turning".

13Making a hook turn at a hook turn only sign

In the penalty at the foot of rule 34(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

14Optional hook turn by a bicycle rider

(1)In the heading to rule 35 of the Principal Rules, for "bicycle rider" substitute "rider of a bicycle or an electric scooter".

(2)In rule 35(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

(3)In the note at the foot of rule 35(1) of the Principal Rules, after "Bicycle" insert ", electric scooter".

15Bicycle rider making a hook turn contrary to no hook turn by bicycles sign

(1)In the heading to rule 36 of the Principal Rules, for "Bicycle rider" substitute "Rider of bicycle or electric scooter".

(2)In rule 36 of the Principal Rules, after "bicycle" insert "or an electric scooter".

(3)In the note at the foot of rule 36 of the Principal Rules, after "Bicycle" insert ", electric scooter".

16Making a U-turn contrary to a no U-turn sign

In the penalty at the foot of rule 39(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

17Making a U-turn at an intersection without traffic lights

In the penalty at the foot of rule 41 of the Principal Rules, after "bicycle" insert "or an electric scooter".

18Making a U-turn at certain crossings

In the penalty at the foot of rule 43 of the Principal Rules, after "bicycle" insert "or an electric scooter".

19Making a U-turn on a road related area with traffic lights

In the penalty at the foot of rule 43A of the Principal Rules, after "bicycle" insert "or an electric scooter".

Part 4—Change of directions and stop signals

20Giving a right change of direction signal

(1)In rule 48(3A) and (5)(b) of the Principal Rules, after "bicycle" insert "or an electric scooter".

(2)In the notes at the foot of rule 48(5) of the Principal Rules—

(a)in note 1, after "Bicycle" insert ", electric scooter";

(b)in note 2, after "bicycles" insert "and electric scooters".

21Division does not apply to bicycle riders or certain tram drivers

(1)In the heading to rule 52 of the Principal Rules, for "bicycle riders" substitute "riders of bicycles or electric scooters".

(2)In rule 52 of the Principal Rules, after "bicycle" insert "or an electric scooter".

(3)In the note at the foot of rule 52 of the Principal Rules, after "Bicycle" insert ", electric scooter".

22Stopping for a red traffic light or arrow

In rule 56(3)(b) of the Principal Rules, after "bicycle" insert "or an electric scooter".

23Stopping for a yellow traffic light or arrow

(1)In the penalty at the foot of rule 57(3) of the Principal Rules, after "bicycle" insert "or an electric scooter".

(2)In rule 57(4)(b) of the Principal Rules, after "bicycle" insert "or an electric scooter".

24Proceeding when traffic lights or arrows at an intersection change to yellow or red

In the penalty at the foot of rule 61(5) of the Principal Rules, after "bicycle" insert "or an electric scooter".

25Giving way when turning at an intersection with traffic lights

(1)In rule 62(1)(b) of the Principal Rules, for "bicycle at" substitute "bicycle or an electric scooter at".

(2)In note 1 at the foot of rule 62(1) of the Principal Rules, after "bicycle crossing lights," insert "electric scooter,".

Part 5—Giving way

26Part 7—Giving way

In the seventh dot point of note 1 under the heading to Part 7 of the Principal Rules, after "bicycle" insert ", an electric scooter".

27Stopping and giving way at a stop sign or stop line at other places

In the penalty at the foot of rule 68(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

28Giving way at a give way sign or give way line at an intersection (except a roundabout)

In the penalty at the foot of rule 69(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

29Giving way at a give way sign at a bridge or length of narrow road

In the penalty at the foot of rule 70 of the Principal Rules, after "bicycle" insert "or an electric scooter".

30Giving way at a give way sign or give way line at other places

In the penalty at the foot of rule 71(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

Part 6—Traffic signs and road markings

31Part 8—Traffic signs and road markings

In the tenth dot point of note 1 under the heading to Part 8 of the Principal Rules, for "bicycle riders" substitute "riders of bicycles and electric scooters".

32Left turn signs

In the penalty at the foot of rule 88(1) and (2) of the Principal Rules, after "bicycle" insert "or an electric scooter".

33Right turn signs

In the penalty at the foot of rule 89(1) and (2) of the Principal Rules, after "bicycle" insert "or an electric scooter".

34No turns signs

In the penalty at the foot of rule 90 of the Principal Rules, after "bicycle" insert "or an electric scooter".

35No left turn and no right turn signs

In the penalty at the foot of rule 91(1) and (2) of the Principal Rules, after "bicycle" insert "or an electric scooter".

36No overtaking or passing signs

In the penalty at the foot of rule 93(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

37No overtaking on bridge signs

In the penalty at the foot of rule 94 of the Principal Rules, after "bicycle" insert "or an electric scooter".

38Emergency stopping lane only signs

(1)For rule 95(2) of the Principal Rules substitute

"(2)This rule does not apply to—

(a)the rider of a bicycle or an electric scooter; or

(b)the driver of a vehicle that is being driven in the emergency stopping lane with written consent of the Secretary.".

(2)In note 1 at the foot of rule 95(2) of the Principal Rules, for "is" substitute "and electric scooter are".

39One-way signs

(1)In the penalty at the foot of rule 98(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

(2)In rule 98(3) of the Principal Rules, for "rider of a bicycle" substitute "rider of a bicycle, the rider of an electric scooter".

(3)In the note at the foot of rule 98(3) of the Principal Rules, after "Bicycle," insert "electric scooter,".

40Keep left and keep right signs

(1)In rule 99(3) of the Principal Rules, for "rider of a bicycle" substitute "rider of a bicycle, the rider of an electric scooter".

(2)In the note at the foot of rule 99(3) of the Principal Rules, for "Bicycle," substitute "Bicycle, electric scooter,".

41No entry signs

In the penalty at the foot of rule 100 of the Principal Rules, after "bicycle" insert "or an electric scooter".

42Hand-held stop signs

In the penalty at the foot of rule 101(1) and (2) of the Principal Rules, after "bicycle" insert "or an electric scooter".

43Safety ramp and arrester bed signs

In the penalty at the foot of rule 101A(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

Part 7—Roundabouts

44Entering a roundabout from a multi-lane road or a road with 2 or more lines of traffic travelling in the same direction

(1)In rule 111(1) of the Principal Rules, after "bicycles," insert "electric scooters,".

(2)In rule 111(6) of the Principal Rules, after "bicycle" insert ", an electric scooter".

45Giving way by the rider of a bicycle or animal to a vehicle leaving a roundabout

(1)In the heading to rule 119 of the Principal Rules, after "bicycle" insert ", an electric scooter".

(2)In rule 119 of the Principal Rules—

(a)after "bicycle" insert ", an electric scooter";

(b)after "bicycles" insert ", electric scooters".

(3)In note 1 at the foot of rule 119 of the Principal Rules, after "Bicycle" insert ", electric scooter".

Part 8—Keeping left, overtaking and other driving rules

46Keeping to the left of oncoming vehicles

(1)In rule 131(2) of the Principal Rules, after "bicycle" insert ", the rider of an electric scooter".

(2)In the note at the foot of rule 131(2) of the Principal Rules, after "Bicycle," insert "electric scooter,".

47Keeping to the left of the centre of a road or the dividing line

(1)In the penalty at the foot of rule 132(1), (2) and (2A) of the Principal Rules, after "bicycle" insert "or an electric scooter".

(2)In note 4 at the foot of rule 132(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

(3)In the note at the foot of rule 132(2) of the Principal Rules, after "bicycle" insert "or an electric scooter".

48Keeping off a dividing strip

In note 3 at the foot of rule 137(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

49Keeping off a painted island

(1)In the penalty at the foot of rule 138(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

(2)In note 3 at the foot of rule 138(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

50No overtaking etc. to the left of a vehicle

(1)In rule 141(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

(2)In the note at the foot of rule 141(1) of the Principal Rules, for "the road," substitute "the road, electric scooter,".

(3)In rule 141(2) of the Principal Rules, after "bicycle" insert "or an electric scooter".

51Keeping a sufficient distance when passing to the right side of a bicycle

(1)In the heading to rule 144A of the Principal Rules, after "bicycle" insert "or an electric scooter".

(2)After rule 144A(1) of the Principal Rules insert

"(1A)A driver of a motor vehicle driving past to the right side of an electric scooter must pass the electric scooter at a sufficient distance from the electric scooter if the electric scooter is travelling along a road in the same direction as the driver.

Penalty:10 penalty units.".

(3)In rule 144A(2) of the Principal Rules—

(a)for "subrule (1)" substitute "subrule (1) or (1A)";

(b)after "bicycle" insert "or the electric scooter (as the case may be)".

(4)For rule 144A(3) of the Principal Rules substitute

"(3)For the purposes of this rule—

(a)sufficient distance from the bicycle means—

(i)if, at the time the driver passes the bicycle, the speed-limit applying for the length of road is not more than 60 kilometres per hour—a lateral distance of at least 1 metre between the driver's motor vehicle and the bicycle; or

(ii)if, at the time the driver passes the bicycle, the speed-limit applying for the length of road is more than 60 kilometres per hour—a lateral distance of at least 1·5 metres between the driver's motor vehicle and the bicycle; and

(b)sufficient distance from the electric scooter means if, at the time the driver passes the electric scooter, the speed-limit applying for the length of road is not more than 50 kilometres per hour—a lateral distance of at least 1 metre between the driver's motor vehicle and the electric scooter.

Note

A rider of an electric scooter must not ride on a road on which the speed-limit is greater than 50 kilometres per hour—see rule 262D.".

(5)In rule 144A(4)(b)(i) of the Principal Rules, after "bicycle" insert "or the electric scooter".

(6)In the notes at the foot of rule 144A(4) of the Principal Rules—

(a)in note 1, for "dividing strip," substitute "dividing strip, electric scooter,";

(b)in note 2, after "bicycle" insert "or an electric scooter".

52Driving within a single marked lane or line of traffic

In note 2 at the foot of rule 146(1) and (2) of the Principal Rules, after "bicycle" insert "or an electric scooter".

53Moving from one marked lane to another marked lane across a continuous line separating the lanes

In note 2 at the foot of rule 147 of the Principal Rules, after "bicycle" insert "or an electric scooter".

54Driving on or across a continuous white edge line

(1)In rule 150(2) of the Principal Rules, after "bicycle" insert ", an electric scooter".

(2)In the note at the foot of rule 150(2) of the Principal Rules, for "is" substitute "and electric scooter are".

55Circumstances in which a motor cycle rider may engage in lane filtering

(1)For rule 151B(1)(ab) of the Principal Rules substitute

"(ab)if the rider is riding past to the right side of a bicycle or an electric scooter—the rider complies with rule 144A(1) or 144A(1A) (as the case may be); and".

(2)After note 3 at the foot of rule 151B(1) of the Principal Rules insert

"4     Rule 144A(1A) deals with passing to the right side of an electric scooter at a sufficient distance.".

56Bicycle lanes

(1)In rule 153(1) of the Principal Rules, for "rider of a bicycle" substitute "rider of a bicycle or an electric scooter".

(2)In note 1 at the foot of rule 153(1) of the Principal Rules, for "is" substitute "and electric scooter are".

57Bus lanes

(1)In rule 154(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

(2)In note 1 at the foot of rule 154(1) of the Principal Rules, after "coach" insert ", electric scooter".

58Tram lanes

In note 2 at the foot of rule 155(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

59Exceptions to driving in special purpose lanes etc.

In rule 158(1)(e) of the Principal Rules, after "bicycles," insert "electric scooters,".

Part 9—Restrictions on stopping and parking

60Stopping in an emergency stopping lane

(1)In rule 178 of the Principal Rules, after "bicycle" insert "or an electric scooter".

(2)In the note at the foot of rule 178 of the Principal Rules, for "Bicycle and driver's vehicle" substitute "Bicycle, driver's vehicle and electric scooter".

61Stopping on a path, dividing strip, nature strip, painted island or traffic island

(1)In rule 197(2) of the Principal Rules, after "bicycle" insert ", an electric scooter".

(2)In the note at the foot of rule 197(2) of the Principal Rules, for "is" substitute "and electric scooter are".

62Stopping on a road with a bicycle parking sign

(1)In rule 201 of the Principal Rules, after "bicycle" insert "or an electric scooter".

(2)In the note at the foot of rule 201 of the Principal Rules, for "is" substitute "and electric scooter are".

Part 10—Lights and warning devices

63Heading to Division 1 of Part 13 amended

In the heading to Division 1 of Part 13 of the Principal Rules, after "bicycles," insert "electric scooters,".

64Division does not apply to riders of bicycles, animals or animal-drawn vehicles

(1)In the heading to rule 214 of the Principal Rules, after "bicycles," insert "electric scooters,".

(2)In rule 214 of the Principal Rules, after "bicycle," insert "an electric scooter,".

(3)In note 1 at the foot of rule 214 of the Principal Rules, for "is" substitute "and electric scooter are".

(4)In note 2 at the foot of rule 214 of the Principal Rules—

(a)after "bicycle" insert ", an electric scooter";

(b)after "bicycles" insert "or electric scooters".

Part 11—Rules for pedestrians

65Getting on or into a moving vehicle

(1)In rule 237(2) of the Principal Rules, after "bicycle" insert ", an electric scooter".

(2)In note 1 at the foot of rule 237(2) of the Principal Rules, for "is" substitute "and electric scooter are".

66Pedestrians on a bicycle path or separated footpath

(1)In rule 239(1) of the Principal Rules, after "bicycles" insert "and electric scooters".

(2)In the notes at the foot of rule 239(1) of the Principal Rules—

(a)in note 1, for "is" substitute "and electric scooter are";

(b)in note 2, for "bicycle riders" substitute "riders of bicycles and electric scooters".

(3)In rule 239(2) of the Principal Rules, for "of bicycles" (where twice occurring) substitute "of bicycles and electric scooters".

(4)In note 2 at the foot of rule 239(2) of the Principal Rules—

(a)after "bicycles" insert "and electric scooters";

(b)for "any bicycle" substitute "any bicycle or electric scooter".

(5)In note 3 at the foot of rule 239(2) of the Principal Rules, for "any bicycle" substitute "any bicycle or electric scooter".

(6)In rule 239(3) of the Principal Rules—

(a)after "bicycles" (where twice occurring) insert "and electric scooters";

(b)for "any bicycle" substitute "any bicycle or electric scooter".

(7)For the note at the foot of the definition of separated footpath in rule 239(4) of the Principal Rules substitute

"Notes

1     Footpath and no bicycles road marking are defined in the dictionary.

2     Rule 249 describes how a rider of an electric scooter must ride on a separated footpath.".

67Division 2—Rules for persons travelling in or on wheeled recreational devices and wheeled toys

After note 3 under the heading to Division 2 of Part 14 of the Principal Rules insert

"4     An electric scooter is not a wheeled recreational device. Electric scooter is defined in the dictionary.".

68Travelling in or on a wheeled recreational device or toy on a footpath or shared path

(1)After note 3 at the foot of rule 242(1) of the Principal Rules insert

"4     A rider of an electric scooter must not ride the electric scooter on a footpath—see rule 262C. A rider of an electric scooter who is riding an electric scooter on a shared path must give way to persons travelling in or on wheeled recreational devices or toys, as well as other pedestrians—see rule 250(2A).".

(2)In rule 242(2) of the Principal Rules—

(a)for "both the riders of bicycles and pedestrians" substitute "the riders of bicycles, the riders of electric scooters and pedestrians";

(b)for "both bicycles and pedestrians" substitute "bicycles, electric scooters and pedestrians".

(3)In the note at the foot of rule 242(2) of the Principal Rules, after "Bicycle" insert ", electric scooter".

69Travelling on rollerblades etc. on a bicycle path or separated footpath

(1)In rule 243(2) of the Principal Rules—

(a)after "bicycles" insert "and electric scooters";

(b)after "any bicycle" insert "or electric scooter".

(2)In the note at the foot of rule 243(2) of the Principal Rules, for "Bicycle is" substitute "Bicycle and electric scooter are".

70Meanings of scooter

(1)In rule 244A of the Principal Rules, for "(with or without a seat)" substitute "with or without a seat (other than an electric scooter)".

(2)At the foot of rule 244A of the Principal Rules insert

"Note

Electric scooter is defined in the dictionary.".

71Travelling on an electric personal transporter on a bicycle path or separated footpath

(1)In rule 244J(3) of the Principal Rules, for "any bicycle" substitute "any bicycle or electric scooter".

(2)In the note at the foot of rule 244J(3) of the Principal Rules, for "is" substitute "and electric scooter are".

Part 12—Additional rules for bicycle riders

72Part 15—Additional rules for bicycle riders

(1)In the heading to Part 15 of the Principal Rules, for "bicycle riders" substitute "riders of bicycles and electric scooters".

(2)For the notes under the heading to Part 15 of the Principal Rules substitute

"Notes

1     This Part contains rules that apply only to riders of bicycles and electric scooters. Most rules in these Rules apply to riders of bicycles and electric scooters in the same way as they apply to drivers—see rule 19. There are some other rules that are for riders of bicycles only, for riders of electric scooters only or that have exceptions for riders of bicycles and electric scooters. These include—

·optional hook turn by a rider of a bicycle or an electric scooter—rule 35;

·rider of bicycle or electric scooter making a hook turn contrary to a no hook turn by bicycles sign—rule 36;

·riders of bicycles or electric scooters exempted from giving stop signals—rule 52;

·exception for riders of bicycles or electric scooters riding in emergency stopping lanes—rule 95;

·riders of bicycles or electric scooters entering and leaving roundabouts—rules 111 and 119;

·riders of bicycles or electric scooters overtaking to the left—rule 141;

·riding a bicycle alongside other riders—rule 151;

·bicycle lanes—rule 153;

·parking at a bicycle rail or in a bicycle rack—rule 166;

·stopping on footpaths—rule 197;

·stopping on a road with a bicycle parking sign—rule 201.

2     Bicycle and electric scooter are defined in the dictionary.".

73New heading to Division 1 of Part 15 inserted and new rule 244W inserted

After the note under the heading to Part 15 of the Principal Rules insert

"Division 1—Rules for riders of bicycles and electric scooters

244WApplication of Division

This Division contains rules that apply to—

(a)riders of bicycles only; and

(b)riders of bicycles and electric scooters.".

74Riding in a bicycle lane on a road

In rule 247(1) of the Principal Rules—

(a)for "bicycle riding" substitute "bicycle or an electric scooter riding";

(b)after "bicycles" insert "and electric scooters".

75Entering a bicycle storage area

In rule 247A(1) of the Principal Rules, for "bicycle approaching" substitute "bicycle or an electric scooter approaching".

76Giving way while entering or in a bicycle storage area

In rule 247B of the Principal Rules—

(a)in subrule (1), for "bicycle must" substitute "bicycle or an electric scooter must";

(b)in subrule (2)—

(i)for "bicycle that" substitute "bicycle or an electric scooter that";

(ii)for "the bicycle" substitute "the bicycle or the electric scooter".

77No riding across a road on a crossing

In rule 248 of the Principal Rules—

(a)in subrule (1), after "bicycle" insert "or an electric scooter";

(b)in subrule (2), for "bicycle must" substitute "bicycle or an electric scooter must".

78Riding on a separated footpath

(1)In rule 249 of the Principal Rules, after "bicycle" insert "or an electric scooter".

(2)In note 2 at the foot of rule 249 of the Principal Rules, for "bicycle riders" substitute "riders of bicycles and electric scooters".

79Riding on a footpath or shared path

After rule 250(2) of the Principal Rules insert

"(2A)The rider of an electric scooter riding on a shared path must—

(a)keep to the left of the shared path unless it is impracticable to do so; and

(b)give way to any pedestrian (except a person travelling on an electric personal transporter) on the shared path.

Penalty:3 penalty units.

Notes

1     Pedestrian is defined in rule 18 and shared path is defined in rule 242.

2     For subrule (2A), give way means the rider must slow down and, if necessary, stop to avoid a collision—see the definition in the dictionary.".

80Riding to the left of oncoming bicycle riders on a path

(1)In the heading to rule 251 of the Principal Rules, for "bicycle riders" substitute "riders of bicycles or electric scooters".

(2)In rule 251 of the Principal Rules, for "bicycle rider" substitute "rider of a bicycle or an electric scooter".

(3)At the end of rule 251 of the Principal Rules insert

"(2)The rider of an electric scooter riding on a bicycle path, separated footpath or shared path must keep to the left of any oncoming rider of a bicycle or an electric scooter on the path.

Penalty:3 penalty units.

Note

Bicycle path and separated footpath are defined in rule 239. Shared path is defined in rule 242.".

81No bicycle signs and markings

After rule 252(1) of the Principal Rules insert

"(1A)The rider of an electric scooter must not ride on a length of road to which a no bicycles sign, or a no bicycles road marking, applies.

Penalty:3 penalty units.

Note

Length, of road and no bicycles road marking are defined in the dictionary.".

82Bicycle riders not to cause a traffic hazard

(1)In the heading to rule 253 of the Principal Rules, for "Bicycle riders" substitute "Riders of bicycles or electric scooters".

(2)In rule 253 of the Principal Rules, after "bicycle" insert "or an electric scooter".

83Bicycles being towed etc.

(1)In the heading to rule 254 of the Principal Rules, after "Bicycles" insert "or electric scooters".

(2)In rule 254(1) and (2) of the Principal Rules, after "bicycle" insert "or an electric scooter".

84Riding too close to the rear of a motor vehicle

In rule 255 of the Principal Rules, after "bicycle" insert "or an electric scooter".

85Bicycle helmets

(1)In rule 256(1) of the Principal Rules, for "bicycle must" substitute "bicycle or an electric scooter must".

(2)In rule 256(4) and (6)(a) of the Principal Rules, for ", or being taken as a passenger on, a bicycle" substitute "a bicycle or an electric scooter or being taken as a passenger on a bicycle".

86Equipment on a bicycle

(1)In the heading to rule 258 of the Principal Rules, after "bicycle" insert "or an electric scooter".

(2)In rule 258 of the Principal Rules, after "bicycle" insert "or an electric scooter".

87Riding at night

In rule 259 of the Principal Rules—

(a)for "bicycle must" substitute "bicycle or an electric scooter must";

(b)for "the bicycle, or the rider" substitute "the bicycle, the electric scooter, or the rider";

(c)for "of the bicycle" (wherever occurring) substitute "of the bicycle or the electric scooter".

88Stopping for a red bicycle crossing light

In rule 260(1) of the Principal Rules, for "bicycle approaching" substitute "bicycle or an electric scooter approaching".

89Stopping for a yellow bicycle crossing light

In rule 261(1) of the Principal Rules, for "bicycle approaching" substitute "bicycle or an electric scooter approaching".

90Proceeding when bicycle crossing lights change to yellow or red

In rule 262(1) of the Principal Rules, for "bicycle who" substitute "bicycle or an electric scooter who".

91New Division 2 of Part 15 inserted

After rule 262 of the Principal Rules insert

"Division 2—Additional rules for riders of electric scooters

Notes

1     For the purposes of these Rules, a person riding on an electric scooter is a rider—see rule 17. This Division contains rules that apply to a rider of an electric scooter only.

2     Electric scooter, electric scooter use area and commercially operated share scheme are defined in the dictionary.

262ARiding electric scooters in an electric scooter use area

A rider of an electric scooter must not ride the electric scooter on a road or road related area unless the road or road related area is in an electric scooter use area.

Penalty:3 penalty units.

Note

Electric scooter use area is defined in the dictionary.

262BRiding electric scooters provided under a commercially operated share scheme

A rider of an electric scooter must not ride the electric scooter on a road or road related area unless the electric scooter is provided under a commercially operated share scheme.

Penalty:3 penalty units.

Note

Commercially operated share scheme and electric scooter use area are defined in the dictionary.

262CRiding electric scooters on a footpath

A rider of an electric scooter must not ride the electric scooter on a footpath other than a separated footpath or a shared path where permitted in the Rules.

Penalty:3 penalty units.

Note

Footpath, separated footpath and shared path are defined in the dictionary.

262DRiding electric scooters on certain roads

(1)A rider of an electric scooter must not ride the electric scooter on a road on which the speed-limit is greater than 50 kilometres per hour.

Penalty:3 penalty units.

(2)Subrule (1) does not apply to a rider of an electric scooter if the rider—

(a)crosses the road by the shortest safe route; and

(b)does not stay on the road longer than necessary to cross the road safely; and

(c)is not prohibited, under these Rules, from crossing the road on an electric scooter.

(3)In this rule, road does not include a road related area, but includes any shoulder of the road.

Note

Road related area is defined in rule 13. Shoulder is defined in rule 12.

262ERiding an electric scooter on a road alongside another rider or pedestrian

A rider of an electric scooter must not ride the electric scooter on a road or road related area alongside another rider or pedestrian travelling on the road or road related area in the same direction as the rider of the electric scooter, unless the rider of the electric scooter is overtaking the other rider or pedestrian.

Penalty:3 penalty units.

262FMinimum age requirement for riding an electric scooter

A person who is under 18 years of age must not ride an electric scooter on a road or road related area.

Penalty:3 penalty units.

262GSpeed-limit applicable to electric scooter

A rider of an electric scooter must not ride the electric scooter on a road or road related area, where permitted in the Rules, at a speed over 20 kilometres per hour.

Penalty:3 penalty units.

262HCarrying people on electric scooter

A rider of an electric scooter must not use the electric scooter on a road or road related area to carry any other person.

Penalty:3 penalty units.

262IOffence to consume intoxicating liquor while riding an electric scooter

A rider of an electric scooter must not consume intoxicating liquor while riding the electric scooter on a road or road related area.

Penalty:5 penalty units.".

Part 13—Rules for persons travelling in or on vehicles

92Opening doors and getting out of a vehicle etc.

In rule 269(2) of the Principal Rules, after "bicycle" insert ", an electric scooter".

Part 14—Miscellaneous road rules

93Driving on a path

(1)In rule 288 of the Principal Rules—

(a)in subrule (1), after "bicycle" insert "or an electric scooter";

(b)in subrule (4), after "bicycle" insert ", the rider of an electric scooter".

(2)In the note at the foot of rule 288(1) of the Principal Rules, for "Bicycle is" substitute "Bicycle and electric scooter are".

(3)In note 4 at the foot of rule 288(4) of the Principal Rules, for "bicycle riders" substitute "riders of bicycles and electric scooters".

(4)For the note at the foot of rule 288(6) of the Principal Rules substitute

"Notes

1     Bicycle path is defined in rule 239. Footpath is defined in the dictionary. Shared path is defined in rule 242.

2     A rider of an electric scooter must not ride the electric scooter on a footpath—see rule 262C.".

94Driving on a nature strip

In rule 289(1)(d) of the Principal Rules—

(a)after "bicycle" insert ", an electric scooter";

(b)after "bicycles" insert ", electric scooters".

95Use of mobile phones

(1)In rule 300(1C) of the Principal Rules—

(a)for "bicycle, or a person travelling in or on a wheeled recreational device, or the driver of a vehicle that is not a motor vehicle" substitute "bicycle, the rider of an electric scooter, a person travelling in or on a wheeled recreational device or the driver of a vehicle that is not a motor vehicle";

(b)for "the bicycle," (wherever occurring) substitute "the bicycle, the electric scooter,".

(2)In the note at the foot of rule 300(1C) of the Principal Rules, for "Wheeled recreational device and bicycle" substitute "Bicycle, electric scooter and wheeled recreational device".

(3)In rule 300(2) of the Principal Rules, for "bicycle," (where twice occurring) substitute "bicycle, electric scooter,".

(4)In rule 300(3) of the Principal Rules, for "vehicle, or the rider of a bicycle, or a person travelling in or on a wheeled recreational device, or the" substitute "vehicle, the rider of a bicycle, the rider of an electric scooter, a person travelling in or on a wheeled recreational device, or the".

96Leading an animal while in or on a vehicle

After rule 301(3) of the Principal Rules insert

"(4)The rider of an electric scooter must not lead an animal, including by tethering the animal to the electric scooter.

Penalty:3 penalty units.

Note

Electric scooter is defined in the dictionary.".

97Direction by a police officer or authorised person

In the penalty at the foot of rule 304(1) of the Principal Rules, after "bicycle" insert "or an electric scooter".

Part 15—Traffic control devices and traffic‑related items

98How separated footpath signs and separated footpath road markings apply

(1)In rule 336(2)(b) of the Principal Rules, after "bicycles" insert "and electric scooters".

(2)In the note at the foot of rule 336(2)(b) of the Principal Rules, after "symbol" insert ", electric scooter".

(3)In rule 336(3)(b) of the Principal Rules, after "bicycles" insert "and electric scooters".

Part 16—Dictionary

99Dictionary

(1)In the dictionary to the Principal Rules insert the following definitions—

"commercially operated share scheme means a joint arrangement between a Council and a commercial operator to provide electric scooters for hire on a short-term basis to members of the public;

electric scooter means a vehicle designed for use by one person that—

(a)transports a person while the person is standing; and

(b)has 2 wheels (one in front of the other); and

(c)has a footboard between the front and rear wheels; and

(d)is steered by means of a handlebar; and

(e)has a maximum speed capability of 20 kilometres per hour when ridden on level ground; and

(f)can be propelled by one or both of the following—

(i)one or more electric motors;

(ii)a person pushing one foot against the ground;

electric scooter use area means a specified part of the State referred to in a declaration made under section 3(2)(b) of the Road Safety Act 1986 that declares that an electric scooter provided under a commercially operated share scheme and ridden on a road or road related area within an electric scooter use area is not a motor vehicle for the purposes of specified provisions of the Act;".

(2)In paragraph (c) of the definition of bicycle in the dictionary to the Principal Rules, after "transporter," insert "an electric scooter,".

(3)In the definition of wheeled recreational device in the dictionary to the Principal Rules—

(a)in paragraph (a), for "scooter" substitute "scooter (other than an electric scooter)";

(b)for paragraph (b) substitute

"(b)does not include the following—

(i)a golf buggy, pram, stroller or trolley;

(ii)a bicycle;

(iii)an electric scooter (whether or not the electric scooter is a motor vehicle);

(iv)an electric personal transporter;

(v)a wheelchair or wheeled toy;

(vi)a scooter that is a motor vehicle;";

(c)in the note at the foot of the definition of wheeled recreational device in the dictionary to the Principal Rules—

(i)after "transporter," insert "electric scooter,";

(ii)after "dictionary." insert "Scooter is defined in rule 244A.".

Part 17—Reader's Guide

100Reader's Guide

In the Reader's Guide to the Principal Rules, in the section headed "Application of the Road Rules and some key concepts"—

(a)for "riding bicycles" substitute "riding bicycles, electric scooters";

(b)for "bicycle riders" substitute "riders of bicycles and electric scooters".

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Endnotes


[1] Rule 4: S.R. No. 41/2017 as amended by S.R. Nos 6/2018, 87/2018, 88/2018, 96/2019, 121/2019, 153/2019, 121/2020, 35/2021 and 111/2021.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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