Road law for cyclists, skaters and scooters

Roadworthy bicycles and electric scooters

All bicycles and electric scooters must have at least one working brake and a ‘bell, horn, or similar warning device, in working order’ (Road Safety Road Rules 2017 (Vic) (‘Road Rules’ or ‘RR’) 258; 5 pu).

If you ride at night or in hazardous weather conditions, you must have attached to your bicycle or electric scooter:

1. a flashing or steady white light on the front that is clearly visible from 200 metres; and
2. a flashing or steady red light on the back that is clearly visible from 200 metres behind; and
3. a red reflector on the back that is clearly visible from 50 metres behind (RR 259; 5 pu).

Helmets

When you are riding a bicycle or an electric scooter, you must wear a properly fitting and fastened helmet unless you are riding on private property (RR 256; 5 pu). A helmet must also be worn by any lawful passenger on a bicycle (including children sitting in attached seats). If you are riding a scooter on a road or a road-related area, you must also wear an approved bicycle helmet (RR 244B(1)).

‘Approved bicycle helmets’ are those approved by the Department of Transport (under RR 407(f)) and published in the Government Gazette. Your helmet must meet Australian safety standard AS/NZS2063:2008.

In exceptional circumstances, the Department of Transport:

may issue a certificate stating that it would be impractical, undesirable or inexpedient that the person named in the certificate wear a bicycle helmet while riding on, or being taken as a passenger on, a bicycle (RR 256(4)) or travelling on a scooter (RR 244B(2)). 

An automatic exemption exists if:

• the rider is a member of a religious group and is wearing a type of headdress customarily worn by members of that group; and
• the wearing of the headdress makes it impractical to wear a bicycle helmet (RR 244B(3A), 256(6)).

A person who has been issued such a certificate must have it in their possession when riding and produce it when demanded by an authorised person (i.e. a person with written authorisation from the Department of Transport) or a police officer (RR 244B(3), 256(5)).

A paying passenger being carried on a three-wheeled or four-wheeled bicycle does not have to wear a helmet (RR 256(2)(a)).

How a bicycle should be ridden

When you are riding your bicycle, you must be astride the rider’s seat and be facing forwards, with at least one hand on the handlebars (RR 245; 3 pu).

Passengers

You must not carry more passengers than the bicycle is designed to carry. Accordingly, ‘dinking’ is against the law (but a child in a child-seat is permitted). Passengers can only sit on your bicycle if they are in a seat designed for a passenger (RR 246; 3 pu).

You can tow a bicycle trailer with a passenger in or on it if:

• you are at least 16 years old; and
• the passenger is under 10 years old (or older if the person holds a valid, signed medical certificate) (RR 257).

Mobile phones

When riding a bicycle, an electric scooter or a wheeled recreation device, you must not use a mobile phone (RR 300(1C); 10 pu) unless the phone is secured in a fixed mounting, is ‘hands-free’, and is only used for calls, listening to music, or GPS navigation.

Any other use of the phone – including holding the phone, entering something into the phone (e.g. typing), sending or looking at anything on the phone, or turning it off or on – is unlawful.

These rules also apply when you are ‘stationary but not parked’ on your bicycle. This includes being stationary in a marked lane, bicycle lane, bicycle storage area or in a line of traffic on a road (e.g. pausing at traffic lights).

For your safety, it is better to not use your phone at all while riding, as even using a phone hands-free can divert your attention from dangers on the road.

Walking the dog while riding your bicycle

It is illegal to have your dog on a lead while you ride your bicycle or electric scooter (RR 301(3)(4); 3 pu).

Keeping left and safe distances

When riding on the road, you must ride as close as practicable to the left side of the road (RR 129; 3 pu).

Keep a safe distance between you and any traffic in front of you and make sure you have enough space to stop safely. There must be at least two metres between your bicycle and the rear of the vehicle in front (RR 255; 3 pu).

Turning and signalling

If you intend to change direction when riding, the safest option is to signal your intention to do so. How to signal is explained in Road Rule 50: extend the right arm and hand horizontally and at right angles to the bicycle, with the hand open and palm facing forwards.

When intending to turn right, cyclists should look back to check what is coming and, if the way is clear, signal, merge towards the centre of the road and turn when appropriate. Whenever you are moving over to the right (including when changing lanes or turning right), you must signal with your right hand (RR 48(1); 3 pu).

Cyclists and riders of electric scooters must not make a U-turn at a place with traffic lights if there is a ‘no U-turn sign’ (RR 43A); 3 pu for cyclists, 5 pu for drivers of other vehicles).

Cyclists and riders of electric scooters should turn left by moving towards the left kerb and then making the turn (RR 27). If you are turning left on a bicycle, you do not have to signal (RR 46(5)).

Hook turns

A hook turn is a right-hand turn started from the far left of an intersection. If there is a hook turn sign, cyclists and riders of electric scooters must do a hook turn to turn right (RR 36; 3 pu).

At all other intersections, Road Rule 35 allows cyclists and riders of electric scooters to do a hook turn rather than cross lanes of traffic unless a sign prohibits it (RR 36; 3 pu). If a hook turn is not performed in this way, a fine of 2 pu may apply. Cyclists and riders of electric scooters do not need to indicate a right turn if they are making a hook turn (RR 48(5)(b)).

Bicycle zones at intersections

The curiously named ‘bicycle storage area’ or ‘hook turn storage area’ is a painted rectangle marked at an intersection with a bicycle symbol inside it. These areas are also applicable to electric scooters that are permitted on roads.

These areas are safer places for cyclists to stop as cars are not allowed to enter them until the lights change. The intention of bicycle hook turn storage areas is to make hook turns safer to execute, as cyclists can gather in the rectangle and all take off at the same time when the traffic lights turn green.

If you are riding on the road and there is a bicycle storage area and you need to stop, you must stop inside it. If there is a bicycle lane leading into the bicycle storage area, you must use the bicycle lane to enter the area unless that is not a practical option (RR 247A; 3 pu).

Road Rule 247B(1) requires cyclists, when entering a bicycle storage area, to give way to:

• any vehicle that is in the area; and
• if green or yellow traffic lights are showing, any motor vehicle that is entering or about to enter the area, unless the motor vehicle is turning in a direction that is subject to a red traffic arrow; and
• if the area forms part of a lane to which traffic arrows apply – any motor vehicle that is entering or about to enter the area at a time when those arrows are green or yellow (3 pu).

Cyclists who are in a bicycle storage area that goes across all traffic lanes must, if any green or yellow traffic lights are showing, give way to a motor vehicle that is in any lane other than the lane that the bicycle is directly in front of, unless the motor vehicle is turning in a direction that is subject to a red traffic arrow (RR 247B(2); 3 pu).

If turning at an intersection where there is a bicycle storage area, it is an offence for bicycles and electric scooters to fail to enter and exit the part of the bicycle storage area that is in front of the lane into which they intend to turn, unless there is a parked car or other obstruction (RR 28, 31, 32; 3 pu).

Motor vehicles are prohibited from entering bicycle storage areas before the lights change. Road Rule 60A(1) says that ‘if there is a bicycle storage area before traffic lights that are showing a red traffic light, a driver of a motor vehicle must not allow any part of the vehicle to enter the bicycle storage area’ (10 pu). 

Subrule (2) says that ‘if there is a bicycle storage area before traffic arrows that are showing a red traffic arrow, and a driver of a motor vehicle is turning in the direction indicated by the arrow, the driver must not allow any part of the vehicle to enter the bicycle storage area’ (10 pu).

Riding in groups

You cannot have more than two cyclists next to each other, except when overtaking (RR 151; 3 pu). When riding next to someone, you must not ride more than 1.5 metres apart from them (1 pu).

Overtaking

A cyclist or a rider of an electric scooter is permitted to pass or overtake a motor vehicle on the left or right, except where the vehicle is turning left or right and has their indicator on  (RR 141(2), 142(2); 3 pu). This means it is lawful for a cyclist or a rider of an electric scooter to progress to an intersection by passing on the left side of a stationary line of cars. Such riders must not overtake a vehicle on the right if it is doing a U-turn from the centre of the road and is indicating right.

When passing or overtaking, all drivers (including cyclists) must leave a ‘sufficient distance to avoid a collision or obstruct the path of the vehicle being passed’ (RR 144).

‘Sufficient distance’ is not defined for the purposes of this rule. However, see ‘Minimum passing distances between motor vehicles and bicycles’, below.

Minimum passing distances between motor vehicles and bicycles and electric scooters

After a very long campaign, Victoria has finally mandated minimum distances for motor vehicle drivers when passing bicycles on the right side of cyclists (RR 144A).

A motor vehicle driver passing a bicycle or an electric scooter on the right side (if they are both travelling in the same direction) must only do so at a ‘sufficient distance’ from the rider

A ‘sufficient distance from the bicycle’ is defined in Road Rule 144A(3) to be:

• at least 1 metre distance when vehicles are overtaking bicycles on roads with maximum speed limits of 60 kilometres per hour or less (or 50 kilometres per hour or less for electric scooters); and
• at least 1.5 metres distance when vehicles are overtaking bicycles on roads with maximum speeds of over 60 kilometres per hour.

If a driver cannot pass a bicycle or an electric scooter safely, they must slow down and wait for the next safe opportunity to do so. Road Rule 144A(2) makes it legal for drivers to comply with this law by, for example, permitting drivers to cross a continuous dividing line, two parallel dividing lines, a dividing strip (that is the same level as the road) or to cross into a tram lane. Several of the Road Rules (including RR 132, 137, 138, 144, 146, 151B and 155) have been adjusted to allow for Road Rule 144A.

Crossings

If cyclists or riders of electric scooters want to cross the road using a pedestrian or children’s crossing, they must get off and walk across the road, unless there are bicycle crossing lights (RR 248(2); 3 pu; see also RR 260–262).

Where a crossing is a dedicated bicycle crossing, drivers must not stop on the crossing or within 10 metres before the traffic lights, and within 3 metres after the traffic lights (RR 174).

Causing a traffic hazard

Cyclists and riders of electric scooters are not permitted to cause a traffic hazard by moving into the path of a driver or pedestrian (RR 253; 1 pu). Cyclists and riders of electric scooters must not be towed by another vehicle or hold onto a moving vehicle (RR 254; 5 pu). Cyclists and riders of electric scooters must not ride within two metres of the rear of a moving vehicle for more than 200 metres (RR 255; 3 pu).

Footpaths

The RR dictionary defines a ‘footpath’ as ‘an area open to the public that is designated for, or has as one of its main uses, use by pedestrians’.

You are prohibited from riding on a footpath if you are 13 years of age or older (RR 250(1); 3 pu), unless you:

• are accompanying and supervising a child under 13 years old who is riding on the footpath; or
• are carrying a child in a bicycle baby seat or on a single- or two-wheeled bicycle attachment with pedals that is attached to your bicycle; or
• have a disability or medical condition that means it is difficult for you to ride on the road (and you are carrying a valid medical certificate), or you are accompanying and supervising such a person; or
• are a postal worker doing your job (RR 250(1A)).

When riding on a footpath, you must keep to the left (if it is practicable to do so), and you must give way to pedestrians (RR 250(2); 3 pu).

Shared paths

A shared path is an area open to the public that is used by both cyclists and pedestrians.

Typically, a shared path is a section of path that has signage showing both a pedestrian and a bicycle (RR 242).

When riding on a shared path, cyclists and riders of electric scooters must keep to the left (unless it is impracticable to do so) and must give way to pedestrians (except when the pedestrian is travelling in an electric personal transporter (RR 250(2); 3 pu)). Cyclists should use their bells to signal their approach to pedestrians.

Separated footpaths

A separated footpath is a path divided in two: one side is reserved for cyclists and the other side is for pedestrians (RR 239(4)). Pedestrians and cyclists must keep to their designated lane (RR 239(1); 2 pu).

Exceptions for pedestrians are:

• if a pedestrian is crossing a path, undue delay in crossing the path is not permitted (RR 239(1)); or
• if a pedestrian is on rollerblades, rollerskates or a similar ‘wheeled recreation device’ (e.g. a skateboard or scooter) or is in or pushing a wheelchair (RR 239(2)).

Bicycle lanes

Bicycle lanes are on-road lanes reserved for cyclists; these lanes are identified with a white bicycle symbol and the word ‘lane’ marked on the road or through signage. If there is a bicycle lane (see RR 153(4)), a cyclist must ride in that lane, unless it is ‘impracticable to do so’ (e.g it is blocked) (RR 247; 3 pu). Bicycles and electric scooters can ride in bus lanes (RR 154).

Motor vehicle drivers are not permitted to drive in the bicycle lane (RR 153(1); 5 pu) except for up to 50 metres if they are:

• about to stop or park (provided stopping or parking is not prohibited at that place) (RR 153(2));
• driving a bus or taxi and setting down or picking up passengers (RR 153(3));
• entering or leaving the road (RR 158(1)(a));
• entering a part of the road of one kind from a part of the road of another kind (e.g. moving to or from a service road) (RR 158(1)(b));
• overtaking a vehicle turning right or doing a U-turn (RR 158(1)(c));
• entering a marked lane or a line of traffic from the side of the road (RR 158(1)(d)); or
• stopping at a place in the lane (RR 158(3)).

It is also permitted for a motor vehicle driver to drive in a bicycle lane, for an unrestricted distance, to avoid an obstruction (RR 158(2)(a)).

Protected intersections

Victoria’s first ‘protected intersection’ has been installed at the crossing of Albert and Lansdowne Streets in East Melbourne. The new intersection design is intended to better protect cyclists progressing through the intersection from vehicles that are turning left. The added protection comes in the form of ‘jelly bean’ shaped traffic islands that force the turning vehicles to progress further into the intersection before commencing the left-hand turn, ostensibly to limit the tendency of vehicles to ‘cut the corner’ in a way that places cyclists in the vehicles’ blind spot. The design of the intersection is meant to increase safety by tightening the turning circle of left-hand turning, which will require vehicles to travel at slower speeds, and to improve sightlines between drivers and riders.

Cyclists turning right in this intersection will essentially complete a ‘hook turn’ by following the green-painted lanes that take them through the intersection. The physical changes to the intersection will be accompanied by an ‘early start’ in the traffic light signals that apply to cyclists to enable them to commence crossing the intersection ahead of the other vehicles.

It is not clear yet whether this new configuration will require any adjustments to the Road Rules. For example, will a cyclist using the new lane be able to turn left at any time with caution by treating the lane as a ‘slip lane’, or will they be required to wait until the traffic signal they are facing is green? 

Also, as noted above under Road Rule 141(2), a cyclist or a rider of an electric scooter may lawfully ‘overtake’ to the right of a left-hand turning vehicle when proceeding through an intersection. With the creation of the ‘jelly bean’ islands, the ability to complete such a manoeuvre may be very limited, requiring the cyclist instead to fully stop and give way to the left-hand turning vehicle due to a lack of space to proceed under RR 142(2).

More information about this new road set up is available from the Bicycle Network.

Bicycle paths

Bicycle paths are separate, usually off-road paths reserved for cyclists and riders of electric scooter riders; they are marked by a ‘bicycle only’ sign (RR 239(4)). Cyclists and riders of electric scooters using a bicycle path must keep to the left of any oncoming riders on the path (RR 251;  3 pu). This also applies to cyclists and riders of electric scooters using shared paths and separated footpaths.

The registered operator of a vehicle must ensure that each number plate issued for the vehicle is permanently fixed to the vehicle and maintained (reg 63 Road Safety (Vehicles) Regulations 2021 (Vic)). Number plates must be clearly visible up to 20 metres away (reg 63(1)(d)). It is an offence to use the vehicle on a highway without its number plates (reg 65; 10 pu).

If your vehicle is fitted with a bicycle carrier that is obscuring the number plate, you can attach your rear number plate to the bicycle carrier (reg 63(7)) so that it is visible. Alternatively, number plates for bicycle carriers are available from VicRoads.

The Road Safety Act 1986 (Vic) (‘Road Safety Act’) provides 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.

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 (including any animal) damaged (s 61A Road Safety Act; various penalties depending on whether anyone was killed or seriously injured; up to a maximum of five years’ imprisonment and 600 pu);
• dangerous driving and riding: the Road Safety Act (s 64(2A)) states that a person must not drive a vehicle, or ride a bicycle, at a speed or in a manner that is dangerous to the public, having regard to all the circumstances of the case (120 pu or 12 months imprisonment or both); examples of dangerous riding include riding too fast for the conditions and not looking out for pedestrians;
• careless driving and riding: the Road Safety Act (s 65(2)) states that a person must not drive a vehicle, or ride a bicycle, carelessly on a highway (6 pu (first offence) and 12 pu (subsequent offence)).

Drunk riding

The relevant provisions of the Road Safety Act relating to drink-driving refer to motor vehicles and, accordingly, do not apply to cyclists. As such, cyclists cannot lose their driver licence or earn demerit points for riding while under the influence of alcohol.

However, there is an archaic offence in the Summary Offences Act 1966 (Vic) (s 16(b)) that imposes a maximum penalty of 10 pu or two months imprisonment if you are drunk while in charge of a carriage) in a public place. ‘Carriage’ is not defined but specifically excludes a motor vehicle within the meaning of the Road Safety Act and would likely include a bicycle, as well as a ‘horse or cattle or a steam engine’. By contrast, using an electric scooter while intoxicated can attract all the same penalties as driving a vehicle while you blood-alcohol content is over 0.05.