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What are my legal responsibilities as a cyclist on public roads?

Safe Bicycle UseA bicycle is defined as a vehicle by the Road Traffic Act. Therefore cyclists must obey all road rules just like any drivers of motor vehicles.  Cyclists have the same rights on the road but with that come the same responsibilities as any other road user.

As a cyclist you must obey by the Australian Road Rules.  If you do not, you can be charged with a traffic offence in the same way as the driver of a motor vehicle.  Penalties for committing offences as a cyclist can range from $ 18 to $1,250 depending on the offence.  And yes, as a cyclist you can incur demerit points that accrue against your drivers licence.  It's particularly noteworthy that if you don't have a drivers licence, you will still incur demerit points which may prevent you from obtaining a drivers licence in the future.

As a cyclist you must keep as reasonably practicable to the left hand side of the road and use bicycle lanes when available and operational.  There are of course exceptions, for example:

  • you are turning right or about to turn right;
  • when the road is divided into lanes; or
  • to avoid debris or when overtaking. 

In a bicycle lane if there is insufficient room to ride two abreast you must ride in single file, unless overtaking.  Where a bicycle lane does not exist cyclists may ride two abreast but no more than two abreast.

You must give hand signals to indicate to other road users you are preparing to turn right, diverge right or when changing lanes to the right. You do not have to give hand signals when preparing to turn left or when stopping; you may however want to for safety.

You must not ride on footpaths.  The only exemptions are:

  • "shared paths" which are shared pathways for cyclists and pedestrians as indicated by a sign;
  • if you are under 12 years old; or
  • if you have a valid medical certificate stating you have a medical condition or disability and therefore should be permitted to ride on the footpath.

If you so fall within one of the exemptions you must keep as reasonably practicable to the left, must give way to any pedestrians and must take every precaution to avoid accidents by ringing your bell or calling out.

As a bicycle is defined as a vehicle you must not ride your bicycle in an intoxicated state.  If you are so intoxicated and considered to have no capable control over your bicycle you could be charged with driving under the influence.  Penalties for a first offence are a $ 700 to $ 1,200 fine or imprisonment for no more than 3 months and licence disqualification for no less than 12 months as well as incurring 6 demerit points.  Penalties increase substantially if the offence is a second or subsequent offence.

So you can see, the legal obligations on bike riders using public roads are significant.  If you find yourself in trouble with the police over the use of your bike on public roads, we recommend you seek experienced legal advice.  The Andersons blog writer today is one of our solicitors in Criminal Law, Leesah Randall.  If you'd like more information or clarification on any aspect of this article, feel free to get in touch with Leesah.

Please note, this Blog is posted in Adelaide, South Australia. It relates to South Australian legislation.

10 Comments:

Graham Gower said...
Riding two abreast within a bike lane is perfectly legal. "Where there is insufficient room for two riders to ride abreast in a bicycle lane, you must ride in single file." and "You may ride beside another bicycle rider on a road but must not ride more than 1.5 metres apart. Three or more bicycle riders must not ride beside each other, although you are permitted to overtake other bicycle riders that are riding beside each other. You must not ride outside a bicycle lane abreast of another rider in a bicycle lane unless you are overtaking" http://www.sa.gov.au/upload/franchise/Transport,%20travel%20and%20motoring/Cycling/Cycling%20and%20the%20Law%20Booklet__web_.pdf
June 28, 2012 09:06
Roundabouts are a difficult issue for cyclists. By law one shd keep to the left - and run the risk of being side-swiped - but in practice it makes more sense to ride in the middle of a lane, and force cars to stay behind you, so avoiding side-swiping.
June 28, 2012 09:54
Graham, thank you for bringing to our attention, the error in our information regarding riding two abreast in a bicycle lane. We have now corrected that error. We appreciate our blog readers taking the time to chat with us about our postings, including when we might not have it totally correct.
June 28, 2012 10:01
Brian Steinke said...
Thanks Leesah. There is a small section of Belair Road where the bike lane dis-appears before re-appearing on Price Avenue. This section includes a fairly sharp S bend making it difficult for motorist to give adquate space to a cyclist. Do you know who is responisble for declaring a "shared footpath" as this is the only apparent safe solution?
June 28, 2012 02:03
I would suggest having a look at the SA Govt website (http://www.sa.gov.au/subject/Transport,+travel+and+motoring/Cycling/Cycling+maps). On this website there are "Bikedirect" bicycle maps that contains on road and off-road dedicated cyclist paths. The solution could be changing your route. Alternatively you could contact the Department of Transport Metropolitan Region office on (08) 8226 8222 and raise with them your concerns.
June 28, 2012 05:13
Wayne Cook said...
Great information and thankyou for offering this information via Bike SA. On the link above you see a cyclist side swiped by a car and trailer turning left in front of him. The car has crossed the doted white lines of the bike lane (showing a continuation of the lane). What is the applicable give way rule here? Did the rider fail to give way or has the driver broken some other rule?
July 6, 2012 12:21
Thanks for your comment Wayne. The cyclist should of course always keep a lookout. However in this scenario they do not have an obligation to give way to the driver. Continuity lines (which are the dotted white lines you describe) are used to alert motorists to take care as they are crossing a bicycle lane. In this scenario the motorist has the obligation to give way.
July 6, 2012 02:46
Andersons Solicitors (author) said...
Hi Chris, whilst the cyclist, like any other road user, needs to be cautious whilst on the road and particularly at intersections, the driver needs to give way to the cyclist just as they would any other vehicle on the road that may be travelling straight ahead as they have right of way.
April 19, 2013 05:04
Chris Colvin said...
You often find that at an intersection where there is a cycling lane, that a car wants to turn left... Does the cyclist who wants to travel straight across the intersection give way or does the car ( turning left) give way to the cyclist ??? Cheers for this blog ... I just found it, it would seem to answer a few good questions ...
April 18, 2013 02:18
David Tyler said...
About bike lanes and riding two abreast. To add to the confusion, it ISN'T legal WHEN THE BIKE LANE IS A BIKE LANE, but frequently bike lanes are determined by time of day. [7-9am, 4-6pm mostly AND only Monday to Friday] Outside those hours, it is perfectly legal to ride two abreast and NOT be inside the bike lane. The exceptions are the lanes that are bike lanes at all times and signposted as such. It isn't fun trying to explain this to most motorists.
April 18, 2013 03:02

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