Regulations

 

The relevant regulations, under the Road Safety Act 1986 (Vic) (“RS Act”) are:

the Road Safety (Road Rules) Regulations 2009 (Vic) (“Road Rules”) – these are the Victorian version of the Australian Road Rules;

the Road Safety (Vehicles) Regulations 2009 (Vic) (“Vehicles Regulations”); and

the Road Safety (General) Regulations 2009 (Vic) (“RS General Regulations”).

A note on penalties

Each of the penalties indicated in this chapter is the maximum prescribed by legislation for a first offence, should the matter proceed to court. Each offence applicable to cyclists, skaters or pedestrians can also be dealt with by a traffic infringement notices (on-the-spot fines) as per part 9 of the RS General Regulations (see Driving offences, and Fines and infringements).

Schedule 7 of the RS General Regulations states that for many bicycle offences the fine is 1–2 pu; however, on-the-spot fines for failing to obey traffic lights or stop or give way signs are the same for cyclists as they are for motorists (that is, 2.5 pu for failing to obey traffic lights, and 2 pu for failing to obey stop or give way signs). On-the-spot fines for most pedestrian (and hence, skater) offences are 0.5 pu.

For more information on bicycles and the law, visit Bicycle Network Victoria’s website at www.bicyclenetwork.com.au.

Who and what do the Road Rules cover?

The Road Rules define various words in the text and in the dictionary (“RR dictionary”) at the end of the Road Rules. The definitions below are from this dictionary.

A “cyclist” is included within the definition of “rider”, who is a “person who is riding a motorbike, bicycle, animal or animal-drawn vehicle” (Road Rule (RR) 17(1)). This does not include a passenger or a person walking beside and pushing a bicycle (RR 17(2)).

A “bicycle” is included in the definition of “vehicle” in RR 15 and is defined in the RR dictionary as:

a vehicle with two or more wheels that is built to be propelled partly or wholly by human power through a belt, chain or gears (whether or not it has an auxiliary motor), and

a includes a pedicab, penny-farthing and tricycle; and

b includes a power-assisted pedal cycle within the meaning of vehicle standards, as amended from time to time, determined under section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth; but

c does not include a scooter, wheelchair, wheeled recreational device, wheeled toy, or any vehicle with an auxiliary motor capable of generating a power output over 200 watts (whether or not the motor is operating), other than a vehicle referred to in paragraph (b)).

The definition of a “wheeled recreation device” is a:

wheeled device, built to transport a person, propelled by human power or gravity [or in the case of a scooter, propelled by a person pushing one foot against the ground, or by an electric motor or motors, or by a combination of these] and ordinarily used for recreation or play.

Wheeled recreation devices include rollerblades, rollerskates, skateboards, and scooters that are not motor vehicles, but do not include golf buggies, prams, strollers, trolleys, bicycles, wheelchairs, wheeled toys, or scooters that are motor vehicles. People riding wheeled recreation devices are considered to be pedestrians (RR 18). Some rules relating to pedestrians are covered later in this chapter (seeRiding on paths and bicycle lanes”).

The riders of scooters, although considered to be riding wheeled recreation devices, have been singled out for greater protection.

RR 19 states that all references to “driver” and “driving” in the Road Rules include a reference to “rider” and “riding”, unless otherwise stated. Therefore, cyclists are subject to the general Road Rules that govern all traffic on the road and, in particular, to the rules governing speed limits, pedestrians and traffic control devices (e.g. signs and signals). Cyclists are also subject to the same on-the-spot fines (also known as infringement penalties) as motorists for failing to:

obey a traffic light (infringement penalty: 2.5 penalty units (pu) (seeA note about penalty units”)); or

obey a stop sign, a stop here on red signal or arrow sign, or a give way sign (infringement penalty: 2 pu).

Several rules dealing specifically with bicycles and their riders can be found in part 15 of the Road Rules.

The Road Rules apply to vehicles and road users on roads and road-related areas (RR 11). However, these terms are quite broadly defined (RR 12, 13); the definition of a “road” being:

an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles [or any area declared under the RS Act].

A “road-related area” includes footpaths, nature strips, areas that divide roads, and areas that, while not roads, are open to the public and designated for use by cyclists or animals or used by the public for driving, riding or parking motor vehicles.

The following summary of the law is in three parts. The first relates specifically to bicycles (how they should be ridden, roadworthiness, helmets, use of bicycle carriers); the second relates to skaters; and the third covers the general road law, in particular stopping and turning behaviour as it applies to bicycles.


Melbourne’s bicycle hire scheme

The Victorian Government Department of Transport’s bicycle hire scheme, Melbourne Bike Share, (www.melbournebikeshare.com.au) is supported by the City of Melbourne and operated by the RACV.

The scheme provides free helmets, which can be found on the bicycle themselves.

There are two ways the scheme operates:

1 annual subscribers ($60 for an individual subscription and $100 for a corporate subscription) insert their bicycle share keys into the bicycle docking station;

2 daily ($3) or weekly ($8) pass cyclists swipe their credit card at the bicycle station kiosk and receive a code, which is then plugged into the docking station to release the bicycle.

The scheme provides the bicycles for free for short trips:

for daily or weekly users, the first 30 minutes is free; then it costs $2 for the next 30 minutes, then $7 for the next 61–90 minutes, then $10 for every additional 30 minutes;

for annual subscribers, the first 45 minutes is free; for corporate subscribers, the first hour is free.

The pricing is designed so that only short trips are taken. For longer bicycle trips, the Melbourne Bike Share website recommends using other bicycle hire companies. Hire also requires a $50 refundable deposit on your credit card, and you can only hire a maximum of two bicycles for each credit card.

There are around 50 bicycle stations and 600 bicycles in and around Melbourne’s CBD, extending north to Melbourne University and as far south as Luna Park. The website now has a handy map (and Spotcycle app) showing the location of bicycle stations.