Road Safety Road Rules Amendment Rules 2021 (Vic)

Road Safety Road Rules Amendment Rules 2021

S.R. No. 35/2021

TABLE OF PROVISIONS

Rule  Page

1Objective

2Authorising provision

3Commencement

4Principal Rules

5Keeping to the left of the centre of a road or the dividing line

6Keeping off a dividing strip

7Keeping off a painted island

8Keeping a safe distance when overtaking

9New rule 144A inserted

10Driving within a single marked lane or line of traffic

11Moving from one marked lane to another marked lane across a continuous line separating the lanes

12Circumstances in which a motor cycle rider may engage in lane filtering

13Tram lanes

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Endnotes

STATUTORY RULES 2021

S.R. No. 35/2021

Road Safety Act 1986

Road Safety Road Rules Amendment Rules 2021

The Governor in Council makes the following Rules:

Dated: 20 April 2021

Responsible Minister:

BEN CARROLL
Minister for Roads and Road Safety

SAMUAL WALLACE

Acting Clerk of the Executive Council

1Objective

The objective of these Rules is to amend the Road Safety Road Rules 2017 to require a driver of a motor vehicle driving past to the right side of a bicycle to pass the bicycle at a sufficient distance.

2Authorising provision

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

3Commencement

These Rules come into operation on 26 April 2021.

4Principal Rules

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

5Keeping to the left of the centre of a road or the dividing line

(1)In rule 132(1) of the Principal Rules, for "or 139(1)" substitute ", 139(1) or 144A(2)".

(2)After note 3 at the foot of rule 132(1) of the Principal Rules insert—

"4     Rule 144A(2) deals with driving to the right of the centre of the road to pass a bicycle.".

(3)In rule 132(2) of the Principal Rules, for "or 139(2)" substitute ", 139(2) or 144A(2)".

(4)In the note at the foot of rule 132(2) of the Principal Rules, after "obstruction." insert "Rule 144A(2) deals with driving to the right of the dividing line to pass a bicycle.".

(5)In rule 132(3) of the Principal Rules, after "139(1) and (2)" insert "and 144A(2)".

6Keeping off a dividing strip

(1)In rule 137(1) of the Principal Rules, for "or rule 139(4)" substitute ", rule 139(4) or 144A(2)".

(2)After note 2 at the foot of rule 137(1) of the Principal Rules insert—

"3     R ule 144A(2) deals with driving on a dividing strip that is at the same level as the road to pass a bicycle.".

7Keeping off a painted island

(1)In rule 138(1) of the Principal Rules, for "or rule 139(4)" substitute ", rule 139(4) or 144A(2)".

(2)After note 2 at the foot of rule 138(1) of the Principal Rules insert—

"3     Rule 144A(2) deals with driving on or over a single continuous line, or 2 parallel continuous lines (other than 2 continuous yellow lines parallel to tram tracks), along a side of or surrounding a painted island to pass a bicycle.".

8Keeping a safe distance when overtaking

In rule 144 of the Principal Rules, for "A driver overtaking a vehicle" substitute "Unless rule 144A applies, a driver overtaking a vehicle".

9New rule 144A inserted

After rule 144 of the Principal Rules insert—

"144A   Keeping a sufficient distance when passing to the right side of a bicycle

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

Penalty:10 penalty units.

(2)The driver may, if it is necessary in order to comply with subrule (1), do any of the following while passing the bicycle but only if the driver can do so safely and has a clear view of any approaching traffic—

(a)if the driver is driving on a two-way road without a dividing line or median strip—drive to the right of the centre of the road;

(b)if the driver is driving on a road with a dividing line—drive to the right of the dividing line;

(c)drive—

(i)on a dividing strip that is at the same level as the road; or

(ii)on or over a single continuous line, or 2 parallel continuous lines (other than 2 continuous yellow lines parallel to tram tracks), along a side of or surrounding a painted island;

(d)if the driver is driving on a multi-lane road—drive so that the driver's vehicle is not completely in a marked lane;

(e)if the driver is driving on a road with 2 or more lines of traffic travelling in the same direction as the driver, but without marked lanes—drive so that the driver's vehicle is not completely in a single line of traffic;

(f)if the driver is driving on a multi-lane road—move from one marked lane to another marked lane by crossing a continuous line separating the lanes;

(g)drive in a tram lane.

(3)For the purposes of this rule, sufficient distance from the bicycle means—

(a)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

(b)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.

(4)For the purposes of subrule (3), the lateral distance is measured between—

(a)the outermost part of—

(i)the left side of the driver's motor vehicle; or

(ii)the left side of any vehicle being towed by the driver's motor vehicle; or

(iii)if there is a projection from the driver's motor vehicle (whether or not attached to the motor vehicle), the left side of the projection; and

(b)the outermost part of the following, whichever is the closest to the driver's motor vehicle, a vehicle being towed by the driver's motor vehicle or any projection from the driver's motor vehicle (as the case may be)—

(i)the right side of the bicycle;

(ii)the right side of any bicycle trailer towed by the bicycle;

(ii)the right side of any rider or any passenger in or on a bicycle trailer towed by the bicycle.

Notes

1     Bicycle, dividing line, dividing strip, line of traffic, marked lane, median strip and multi-lane road are defined in the dictionary. Tram lane is defined in rule 155. Motor vehicle is defined in the Road Safety Act 1986.

2     A rider of a motor cycle riding past to the right side of a bicycle is not permitted to engage in lane filtering if the rider is unable to comply with this rule—see rule 151B(1).

3     A driver must keep clear of a tram travelling in a tram lane—see rule 76.

Examples

1     A basket, cargo box or pannier bags attached to the bicycle is considered to be part of the bicycle.

2     A flag or stick attached to the bicycle, whether flexible or inflexible, is not considered to be part of the bicycle.".

10Driving within a single marked lane or line of traffic

(1)For the notes at the foot of rule 146(1) of the Principal Rules substitute—

"Notes

1     Driver's vehicle, marked lane, multi-lane road, obstruction, service road and traffic control device are defined in the dictionary. Shoulder is defined in rule 12.

2     A driver is permitted to drive on a multi-lane road so that the driver's vehicle is not completely in a marked lane to pass a bicycle—see rule 144A(2).

3     A driver is generally not permitted to move from one marked lane to another marked lane across a continuous line separating the lanes—see rule 147.

4     Rule 148 deals with giving way when moving from one marked lane to another marked lane.

5     An overhead lane control device may require a driver to leave a marked lane—see rule 152.

6     Drivers of certain long vehicles are permitted to use 2 marked lanes when turning at an intersection—see rule 28 (left turns) and rule 32 (right turns).".

(2)For the notes at the foot of rule 146(2) of the Principal Rules substitute—

"Notes

1     Emergency stopping lane is defined in rule 95.

2     A driver is permitted to drive on a road with 2 or more lines of traffic travelling in the same direction as the driver, but without marked lanes, so that the driver's vehicle is not completely in a single line of traffic to pass a bicycle—see rule 144A(2).

3     Rule 148 deals with giving way when moving from one line of traffic to another line of traffic.".

11Moving from one marked lane to another marked lane across a continuous line separating the lanes

For the notes at the foot of rule 147 of the Principal Rules substitute—

"Notes

1     Lane filtering, marked lane, multi-lane road, obstruction, special purpose lane and traffic control device are defined in the dictionary.

2     A driver on a multi-lane road is permitted to drive from one marked lane to another marked lane by crossing a continuous line separating the lanes to pass on the right side of a bicycle—see rule 144A(2).

3     An overhead lane control device may require a driver to leave a marked lane—see rule 152.

4     Drivers of certain long vehicles are permitted to use 2 marked lanes when turning at an intersection—see rule 28 (left turns) and rule 32 (right turns).

5     Rule 95 deals with driving in emergency stopping lanes, and Division 6 of this Part deals with driving in other special purpose lanes.".

12Circumstances in which a motor cycle rider may engage in lane filtering

(1)After rule 151B(1)(a) of the Principal Rules insert—

"(ab)if the rider is riding past to the right side of a bicycle—the rider complies with rule 144A(1); and".

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

"3     Rule 144A(1) deals with passing to the right side of a bicycle at a sufficient distance.".

13Tram lanes

(1)In rule 155(1) of the Principal Rules, for "or rule 158" substitute ", rule 144A(2) or 158".

(2)For the notes at the foot of rule 155(1) of the Principal Rules substitute—

"Notes

1     Public bus, tram and tram recovery vehicle are defined in the dictionary.

2     Rule 144A(2) deals with driving in a tram lane to pass a bicycle.

3     Rule 158 provides additional exceptions applying to this rule, and also provides a defence to the prosecution of a driver for an offence against this rule.".

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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 and 121/2020.

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Penalty Units

These Rules 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 2020 is $165.22.

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.