Road Amendment (Safe Cycling) Rules 2017
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 .
18 September 2017C. WARNER
Governor
By Her Excellency's Command,
M. T. (RENE) HIDDING
Minister for Infrastructure
These rules may be cited as the Road Amendment (Safe Cycling) Rules 2017 .
These rules take effect on the day on which their making is notified in the Gazette.
In these rules, the Road Rules 2009 are referred to as the Principal Rules.
4. Rule 65 amended (Giving way at a marked foot crossing (except at an intersection) with a flashing yellow traffic light)
Rule 65 of the Principal Rules is amended as follows:(a) by inserting in subrule (2)(a) "or rider of a bicycle" after "pedestrian";(b) by inserting in subrule (2)(b) "or rider of a bicycle" after "pedestrian";(c) by inserting in subrule (3) "or rider of a bicycle" after "pedestrian".
5. Rule 80 amended (Stopping at a children's crossing)
Rule 80 of the Principal Rules is amended as follows:(a) by inserting in subrule (2)(b) "or rider of a bicycle" after "pedestrian";(b) by inserting in subrule (3) "or rider of a bicycle" after "pedestrian";(c) by omitting from subrule (4) "pedestrian," and substituting "pedestrian or rider of a bicycle,";(d) by inserting in subrule (4) "or rider of a bicycle" after "no pedestrian".
6. Rule 81 amended (Giving way at a pedestrian crossing)
Rule 81(2) of the Principal Rules is amended by inserting "or rider of a bicycle" after "any pedestrian".
7. Rule 82 amended (Overtaking or passing a vehicle at a children's crossing or pedestrian crossing)
Rule 82 of the Principal Rules is amended by inserting "or rider of a bicycle" after "stopped, to give way to a pedestrian".
8. Rule 128A amended (Entering blocked crossings)
Rule 128A(2)(c) of the Principal Rules is amended by inserting "or rider of a bicycle" after "pedestrian".
9. Rule 144A inserted
After rule 144 of the Principal Rules , the following rule is inserted in Division 3:144A. Keeping safe lateral distance when passing bicycle rider
(1) The driver of a motor vehicle passing the rider of a bicycle who is travelling in the same direction as the driver must pass the bicycle at least a sufficient distance from the bicycle.
Penalty: Fine not exceeding 10 penalty units.
Note: Rule 129 generally requires a 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) A sufficient distance from a bicycle is –(a) if the applicable speed limit is not more than 60 km/h – a lateral distance from the bicycle of at least 1 metre; or(b) if the applicable speed limit is more than 60 km/h – a lateral distance from the bicycle of at least 1.5 metres.(3) For subsection (2), the lateral distance is the distance between the following points:(a) the furthermost point to the left on the driver's vehicle or any projection from the vehicle (whether or not attached to the vehicle);(b) the furthermost point to the right on the bicycle, any bicycle trailer towed by the bicycle, the rider or any passenger in or on the trailer.
Example of what is part of a bicycle for paragraph (b) –
A basket or pannier bags attached to the bicycle.
Example of what is not part of a bicycle for paragraph (b) –
A flag or stick, whether or not flexible, attached to the bicycle, that projects sideways from the bicycle.
10. Rule 231 amended (Crossing a road at pedestrian lights)
At the end of rule 231, the following note is inserted:NoteRule 248A applies this rule to a rider of a bicycle.
11. Rule 248 substituted
Rule 248 of the Principal Rules is rescinded and the following rules are substituted:248. Riding across a road on a crossing
(1) This rule applies to the rider of a bicycle who is at –(a) a children's crossing; or(b) a marked foot crossing; or(c) a pedestrian crossing.(2) The rider may ride across the crossing only in accordance with this rule.Penalty: Fine not exceeding 2 penalty units.(3) The rider may ride across a children's crossing or pedestrian crossing only if the rider stops as near as practicable to the crossing before riding across the crossing.(4) The rider may ride across a marked foot crossing only if –(a) for a crossing with bicycle crossing lights – the rider is allowed, under these rules, to ride across the crossing; or(b) for a crossing without bicycle crossing lights – a pedestrian is allowed, under these rules, to cross the crossing.Note 1See rules 260, 261 and 262 for circumstances in which a rider of a bicycle is allowed to cross a road at bicycle crossing lights.Note 2See rule 231 for circumstances in which a pedestrian is allowed to cross a road at pedestrian lights.(5) The rider may ride across the crossing only if the rider –(a) proceeds slowly and safely; and(b) gives way to any pedestrian on the crossing; and(c) keeps to the left of any oncoming rider of a bicycle or a pedestrian.248A. Crossing road at pedestrian lights
Rule 231 applies to a rider of a bicycle as if a reference in that rule to a pedestrian were a reference to a rider of a bicycle.
12. Schedule 6 amended (Jurisdictional qualifications)
Schedule 6 to the Principal Rules is amended by omitting clause 9 from Part 1 .
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 27 September 2017
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 to –(a) provide a minimum distance that a driver of a motor vehicle must maintain from a bicycle travelling in the same direction when passing that bicycle; and(b) provide that a rider of a bicycle who is at a children's crossing, marked foot crossing or pedestrian crossing may cross that crossing in certain circumstances and when complying with certain conditions; and(c) provide that a driver of a motor vehicle must give way to a rider of a bicycle on certain marked foot crossings, children's crossings and pedestrian crossings; and(d) remove an exemption relating to the wearing of a seatbelt that was incorrectly included in the Road Rules 2009 .