Road Transport Legislation Amendment Regulation 2015 (No 1) (ACT)

Road Transport Legislation Amendment Regulation 2015 (No 1)

Subordinate Law SL2015-33

The Australian Capital Territory Executive makes the following regulation under the Road Transport (General) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999.

Dated 28 October 2015.

Shane Rattenbury

Minister

Mick Gentleman

Minister

Road Transport Legislation Amendment Regulation 2015 (No 1)

Subordinate Law SL2015-33

made under the

Road Transport (General) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999

Contents

Page

Part 1      Preliminary

1            Name of regulation  3

2            Commencement  3

3            Legislation amended  3

Part 2Road Transport (Offences) Regulation 2005

4            Schedule 1Part 1.13, new items 3A to 3G  4

Part 3Road Transport (Safety and Traffic Management) Regulation 2000

5            Division 2.2.1 heading, note 3, new items 4A to 4C  7

6            Division 2.2.1 heading, note 3, new items 5A and 5B  7

7           New division 2.3.1A  7

8            New section 117  11

Part 1Preliminary

1. Name of regulation

   This regulation is the Road Transport Legislation Amendment Regulation 2015 (No 1).

2. Commencement

   This regulation commences on 1 November 2015.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Road Transport (Offences) Regulation 2005 and the Road Transport (Safety and Traffic Management) Regulation 2000.

Part 2Road Transport (Offences) Regulation 2005

1. Schedule 1
   Part 1.13, new items 3A to 3G

   insert

3A	38A (1)	overtake bicycle rider too closely	20	236	2 (NS)
3B	38C (2)
3B.1	·     by contravening 38C (2) (a)	approach crossing on bicycle faster than 10km/h	20	118
3B.2	·     by contravening 38C (2) (b)	not enter crossing on bicycle safely	20	118
3B.3	·     by contravening 38C (2) (c)	ride on crossing on bicycle faster than 10km/h	20	118
3B.4	·     by contravening 38C (2) (d)	bicycle rider not give way to pedestrian on crossing	20	118
3B.5	·     by contravening 38C (2) (e)	bicycle rider not keep left on crossing	20	118
3B.6	·     by contravening 38C (2) (f)	proceed on marked foot crossing (with bicycle crossing lights) on bicycle before allowed	20	118
3B.7	·     by contravening 38C (2) (g)	proceed on marked foot crossing (without bicycle crossing lights) on bicycle before allowed	20	118
3C	38D (1)	not give way to bicycle rider (flashing yellow light)	20	389	3 (NS)
3D	38D (2)	not stop at children’s crossing—bicycle rider on crossing	20	389	3 (NS)
3E	38D (2)	proceed at children’s crossing—bicycle rider on/entering crossing	20	389	3 (NS)
3F	38D (3)	not give way to bicycle rider on pedestrian crossing	20	389	3 (NS)
3G	38D (4)
3G.1	not finish crossing road safely (pedestrian crossing lights)	20	118
3G.2	not remain in safety area (pedestrian crossing lights)	20	118

Part 3Road Transport (Safety and Traffic Management) Regulation 2000

1. Division 2.2.1 heading, note 3, new items 4A to 4C

   insert

4A	65	this regulation, s 38D (1)
4B	80	this regulation, s 38D (2)
4C	81	this regulation, s 38D (3)

1. Division 2.2.1 heading, note 3, new items 5A and 5B

   insert

5A	248	this regulation, s 38D (5)
5B	262	this regulation, s 38D (4)

1. New division 2.3.1A

   insert

Division 2.3.1A        Bicycle riders

38AKeeping safe lateral distance when passing bicycle rider

(1)The driver of a motor vehicle passing the rider of a bicycle that is travelling in the same direction as the driver must pass the bicycle at a sufficient distance from—

(a)the bicycle; or

(b)if the rider is riding alongside another rider—the bicycle furthest to the right.

Maximum penalty:  20 penalty units.

NoteThe Australian Road Rules, r 129 requires the rider of a bicycle on a road, other than a multi-lane road, to ride as near as practicable to the far left side of the road.

(2)For this section—

(a)a driver passes a bicycle at a sufficient distance from the bicycle if the driver passes at a lateral distance from the bicycle of—

(i)if the applicable speed limit at the point the driver passes the bicycle is not more than 60km/h—at least 1m; or

(ii)if the applicable speed limit at the point the driver passes the bicycle is more than 60km/h—at least 1.5m; and

(b)the lateral distance between a motor vehicle passing a bicycle and the bicycle is the distance between—

(i)the most distant point to the left—

(A)on the driver’s vehicle; or

(B)on any projection from the vehicle (whether or not attached to the vehicle); and

(ii)the most distant point to the right—

(A)on the bicycle (or any part of the bicycle); or

(B)on a rider of the bicycle; or

(C)on any bicycle trailer towed by the bicycle; or

(D)on any passenger in or on any bicycle trailer.

Examples—part of a bicycle

basket, pannier bags

Example—not part of a bicycle

a flag or stick, whether or not flexible, attached to the bicycle, that projects sideways from the bicycle

NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

38BExceptions for passing bicycle rider

(1)The driver of a motor vehicle passing the rider of a bicycle that is travelling in the same direction as the driver may make a permitted manoeuvre to pass the rider if—

(a)the driver has a clear view of any approaching traffic; and

(b)the permitted manoeuvre is necessary to comply with section 38A; and

(c)the driver can do so safely.

(2)In this section:

permitted manoeuvre means—

(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; or

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

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

(d)drive on or over a single continuous line; or

(e)drive on or over 2 parallel lines; or

(f)drive along a side, or surrounding, of a painted island.

NoteSee the Australian Road Rules, r 46 or r 48 for the requirement to give left or right change of direction signal.

38CRiding across road on crossing

(1)The rider of a bicycle may ride across a road, or part of a road, on the following (a crossing) if the rider complies with this section:

(a)a children’s crossing; or

(b)a marked foot crossing; or

(c)a pedestrian crossing.

(2)The rider of the bicycle may only ride across a road, or part of a road, on a crossing if—

(a)the rider approaches the crossing no faster than 10km/h; and

(b)before riding on the crossing, the rider looks for approaching traffic and is prepared to stop; and

(c)the rider rides no faster than 10km/h on the crossing; and

(d)the rider gives way to pedestrians on the crossing; and

(e)the rider keeps to the left of any oncoming bicycle or pedestrian; and

(f)on a marked foot crossing with bicycle crossing lights—the crossing is showing a green bicycle crossing light; and

(g)on a marked foot crossing without bicycle crossing lights—the crossing is showing a green pedestrian crossing light.

Maximum penalty:  20 penalty units.

NoteSee the Australian Road Rules, r 260 and r 262 for the circumstances in which a rider of a bicycle is allowed to cross a road at bicycle crossing lights.

38DApplication of ARRs to riders crossing road on crossing

(1)The Australian Road Rules, rule 65 (Giving way at a marked foot crossing (except at an intersection) with a flashing yellow traffic light) applies as if a reference to a pedestrian on the crossing also includes a reference to a rider of a bicycle on the crossing.

(2)The Australian Road Rules, rule 80 (Stopping at a children’s crossing) applies as if a reference to a pedestrian on the crossing also includes a reference to a rider of a bicycle on the crossing.

(3)The Australian Road Rules, rule 81 (Giving way at a pedestrian crossing) applies as if a reference to a pedestrian on the crossing also includes a reference to a rider of a bicycle on the crossing.

(4)The Australian Road Rules, rule 262 (Proceeding when bicycle crossing lights change to yellow or red) applies to a rider of a bicycle crossing a marked foot crossing without bicycle lights when the crossing shows a green pedestrian crossing light as if a reference to a bicycle crossing light were a reference to a pedestrian crossing light.

(5)The Australian Road Rules, rule 248 (No riding across a road on a crossing) does not apply.

1. New section 117

   insert

2. Review of div 2.3.1A

   (1)The Minister must review the operation of division 2.3.1A (Bicycle riders) as soon as practicable after the end of its 2nd year of operation.

   (2)The Minister must present a report of the review to the Legislative Assembly within 3 months after the day the review is started.

   (3)This section expires 2 years after the day it commences.

Endnotes

1. Notification

   Notified under the Legislation Act on 29 October 2015.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2015