1. The relevant regulations under the Road Safety Act 1986 ("RSA") are:
- the Road Safety Road Rules 2009 ("Road Rules"), which replace the Road Rules Victoria, the Victorian version of the Australian Road Rules. (The former Road Safety (Road Rules) Regulations 1999 have been subsumed into the new Road Rules.);
- the Road Safety (Vehicles) Regulations 2009 ("Vehicles Regulations"); and
- the Road Safety (General) Regulations 2009 ("RS General Regulations").
2. As noted in the last edition the Road Legislation Amendment Bill 2009 amended the RSA to provide that cyclists can be charged with serious traffic offences similar to those that apply to drivers of motor vehicles. The offences apply to all drivers of non-motorised vehicles, not just cyclists, and the penalties for these offences are approximately half that of the penalties applying to corresponding offences for drivers of motor vehicles, reflecting the fact that cars tend to cause significantly more damage to people and property. The serious traffic offences are:
- failure to stop, render assistance, exchange details or report to police following an accident if a person is injured or property damaged (new section 61A RSA; various penalties depending on whether anyone was killed or seriously injured; up to a maximum of five years imprisonment and 600 penalty units (pu));
- dangerous driving (new section 64(2A) RSA; max. penalty: 120 pu or 12 months imprisonment);
- careless driving (new section 65(2) RSA; max. penalty: 6 pu (first offence) and 12 pu (subsequent offence); and
3. Road Rules 163 (Driving past the rear of a stopped tram at a tram stop) and 164 (Stopping beside a stopped tram at a tram stop) now make it clear it is permissible to proceed past a stopped tram at no more than 10 km/h, once the doors are closed and there are no pedestrians crossing. This removes the ambiguity in the old rules. Failing to comply with these rules carries a maximum penalty of 10 pu. Schedule 7 of the RS General Regulations imposes a 2.5 pu infringement penalty on these offences.
4. The Department of Transports new bike hire scheme in the CBD called Melbourne Bike Share (www.melbournebikeshare.com.au) is supported by the City of Melbourne and operated by the RACV. Bike Share cyclists must provide their own helmets or, if they take out a yearly subscription, they can have one sent out for an additional $20. There are two ways the scheme operates:
- annual subscribers ($50) insert their Bike Share keys into the bike docking station;
- daily ($2.50) or weekly ($8) pass cyclists must swipe their credit card at the bike station kiosk and receive a five-digit code, which must then be plugged into the docking station to release the bike.
In both cases the first 30 minutes is "free" and then it costs $2 for the next 30 minutes, then $7 for the next 61-90 minutes, $17 for up to two hours, then $10 for every additional 30 minutes. The pricing is designed so that only short trips are taken. For longer bike touring the website recommends the use of other bike hire or tour companies. Daily and weekly hire also requires a $50 deposit, and you can hire a maximum of two bikes for each credit card. There are currently 50 bike stations and 600 bikes in and around the CBD, extending north to Melbourne University and as far south as Albert Park Lake.
From 1 July 2011, 1 pu equals $122.14.
GENERAL :: Last updated: Thu Jul 1st 2010


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