Road Amendment (Overtaking and Passing Bicycles) Rules 2015
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following rules under section 31A of the Traffic Act 1925 .
10 February 2015C. WARNER
Governor
By Her Excellency's Command,
M. T. (RENE) HIDDING
Minister for Infrastructure
These rules may be cited as the Road Amendment (Overtaking and Passing Bicycles) Rules 2015 .
These rules take effect on 25 February 2015.
In these rules, the Road Rules 2009 are referred to as the Principal Rules.
4. Rule 132 amended (Keeping to the left of the centre of a road or the dividing line)
Rule 132 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) " rule 133 or rule 139(1) " and substituting " rule 133 , 139(1) or 139A(1) ";(b) by omitting from subrule (2) " rule 134 or rule 139(2) " and substituting " rule 134 , 139(2) or 139A(2) ";(c) by omitting from subrule (3) " rules 133 and 134 and rule 139(1) and (2) " and substituting " rules 133 , 134 , 139(1) and (2) and 139A ".
5. Rule 137 amended (Keeping off a dividing strip)
Rule 137(1) of the Principal Rules is amended by omitting " rule 139(4) " and substituting " rule 139(4) or 139A(4) ".
6. Rule 138 amended (Keeping off a painted island)
Rule 138(1) of the Principal Rules is amended by omitting " rule 139(4) " and substituting " rule 139(4) or 139A(4) ".
7. Rule 139A inserted
After rule 139 of the Principal Rules , the following rule is inserted in Division 2:139A. Exceptions for overtaking or passing bicycle rider
(1) A driver on a two-way road without a dividing line or median strip may drive to the right of the centre of the road to overtake or pass the rider of a bicycle that is travelling in the same direction as the driver if –(a) the driver has a clear view of any approaching traffic; and(b) it is necessary and reasonable, in all the circumstances, for the driver to drive to the right of the centre of the road to overtake or pass the rider; and(c) the driver can do so safely.
Note: Approaching, centre of the road,dividing line, median strip, traffic and two-way road are defined in the dictionary.
(2) A driver on a road with a dividing line may drive to the right of the dividing line to overtake or pass the rider of a bicycle that is travelling in the same direction as the driver if –(a) the driver has a clear view of any approaching traffic; and(b) it is necessary and reasonable, in all the circumstances, for the driver to drive to the right of the dividing line to overtake or pass the rider; and(c) the driver can do so safely.(3) For subrule (2) , if the dividing line is a single continuous dividing line to the left of a broken dividing line, a single continuous dividing line only or 2 parallel continuous dividing lines, the hazard in driving to the right of such a dividing line must be taken into account in deciding whether it is reasonable to drive to the right of the dividing line.(4) A driver may drive on a dividing strip that is at the same level as the road, or on or over a single continuous line, or 2 parallel continuous lines, along a side of or surrounding a painted island, to overtake orpass the rider of a bicycle that is travelling in the same direction as the driver if –(a) the driver has a clear view of any approaching traffic; and(b) it is necessary and reasonable to drive on the dividing strip or painted island to overtake or pass the rider; and(c) the driver can do so safely.
Note: Dividing strip and painted island are defined in the dictionary.
(5) For the purposes of subrule (4) , a dividing strip is to be treated as being at the same level as the road even if it contains one or more raised pavement bars or markers.
8. Rule 146 amended (Driving within a single marked lane or line of traffic)
Rule 146 of the Principal Rules is amended as follows:(a) by omitting from subrule (1)(f) "jurisdiction." and substituting "jurisdiction; or";(b) by inserting the following paragraph after paragraph (f) in subrule (1) :(g) overtaking or passing the rider of a bicycle that is travelling in the same direction as the driver.(c) by omitting from subrule (2)(e) "obstruction." and substituting "obstruction; or";(d) by inserting the following paragraph after paragraph (e) in subrule (2) :(f) overtaking or passing the rider of a bicycle that is travelling in the same direction as the driver.
9. Rule 147 substituted
Rule 147 of the Principal Rules is rescinded and the following rule is substituted:147. Moving from one marked lane to another marked lane across a continuous line separating the lanes
(1) A driver on a multi-lane road must not move from one marked lane to another marked lane by crossing a continuous line separating the lanes unless –(a) the driver is avoiding an obstruction; or(b) the driver is obeying a traffic control device applying to the first marked lane; or(c) the driver is permitted to drive in both marked lanes under another provision of the Road Rules or under another law of this jurisdiction; or(d) either of the marked lanes is a special purpose lane in which the driver is permitted to drive under the Road Rules and the driver is moving to or from the special purpose lane; or(e) either of the marked lanes is a special purpose lane during specified times only and the driver –(i) is moving to or from that lane outside of the times during which it is a special purpose lane; and(ii) is permitted to drive in that lane outside of the times during which it is a special purpose lane under the Road Rules.
Penalty: Fine not exceeding 5 penalty units.
Note 1: Marked lane, multi-lane road, obstruction, special purpose lane and traffic control device are defined in the dictionary.
Note 2: An overhead lane control device may require a driver to leave a marked lane – see rule 152.
Note 3: 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).
Note 4: Rule 95 deals with driving in emergency stopping lanes, and Division 6 of this Part deals with driving in other special purpose lanes.
(2) A driver on a multi-lane road may move from one marked lane to another marked lane by crossing a continuous line separating the lanes if –(a) the driver makes the move to approach or enter an intersection from the multi-lane road and rule 28(2) or 32(2) applies to the driver for the purpose of making the move; or(b) the driver makes the move to approach or enter a roundabout from the multi-lane road and rule 111(8) or (9) applies to the driver for the purpose of making the move; or(c) the driver is overtaking or passing the rider of a bicycle that is travelling in the same direction as the driver and the driver can perform the movement safely.
10. Rule 371 amended (Transitional rule: crossing broken parallel dividing lines)
Rule 371(2) of the Principal Rules is amended as follows:(a) by omitting from paragraph (c) " rule 139(2) ." and substituting " rule 139(2) ; or";(b) by inserting the following paragraph after paragraph (c) :(d) overtake or pass the rider of a bicycle in accordance with rule 139A(2) .
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 18 February 2015
These rules are administered in the Department of State Growth.
EXPLANATORY NOTE
(This note is not part of the rule)
These rules amend the Road Rules 2009 by –(a) providing an exemption, from certain road rules, for motorists who are overtaking or passing the rider of a bicycle; and(b) allowing a driver, in certain circumstances, to move from one marked lane to another marked lane by crossing a continuous dividing line.