Bike laws: Cyclists must get at least 1m gap when being overtaken and can ride on paths under new rules
MOTORISTS risk being fined $347 if they don’t keep a 1m gap when overtaking cyclists and riding bikes on footpaths will be allowed under new laws. | Bike SA magazine
- Spring/summer BikeSA magazine in Friday’s Advertiser
- Christian Haag: Safety is the message
- Charles Mountain: Rule changes are for the better
MOTORISTS will risk a $347 fine if they fail to leave a minimum one-metre gap when overtaking cyclists — 1.5m on open roads — and riding bikes on footpaths will be allowed when new laws take effect this month.
In the first major changes resulting from a citizens’ jury backed by Premier Jay Weatherill, regulations come into force on October 25 that require motorists to keep at least 1m from a cyclist when the speed limit is 60km/h or under and 1.5m when the limit is above 60km/h.
A $45 fine for riding on footpaths — from which children under 12 and adults supervising them are now exempt — will be abolished for cyclists of all ages.
The legal changes are designed to encourage motorists and cyclists to share the road safely. They will be introduced through government regulation, meaning that legislation and parliamentary debate is not required — even though the changes are backed by the Liberals, RAA and cycling groups.
The overtaking rule extends existing laws requiring motorists to overtake cyclists at a undefined “safe distance”.
The penalty for breaking the “1m rule” will be an expiation fee of $287, plus a $60 victims of crime levy and the loss of two demerit points.
The rules were proposed in a citizens’ jury report released in January, when Mr Weatherill declared that any overtaking-law change would be aimed at improving road safety attitudes and promoting mutual respect, not fining people.
Revealing the new law regime’s start date to The Advertiser, Transport Minister Stephen Mullighan said the rules aimed to improve road safety and cut the number of accidents.
“All cyclists this summer will be able to use our roads knowing there will be new rules in place to enhance their safety,” Mr Mullighan said.
“Our public consultation showed that over 70 per cent of those surveyed supported these two changes and it is important we send a message to cyclists we’re working to improve their safety.”
Mr Mullighan said if drivers had a clear view of approaching traffic and could do so safely, they would be allowed to steer to the right of the road and cross double lines to overtake a cyclist. The 1m rule is being trialled in Queensland and considered for introduction in Victoria, Western Australia and the Australian Capital Territory.
SA cyclists will be permitted on footpaths and required to follow existing rules such as keeping left, giving way to pedestrians and using warning bells, when necessary. But they will still be required to ride in a cycling lane when one is available.
Cyclists of all ages are allowed on footpaths in Queensland, Tasmania, the ACT and the Northern Territory.
Mr Mullighan also urged cyclists to follow road rules, saying a public education campaign would promote the changes before they came into force.
“Drivers often get frustrated when they see cyclists flouting the road rules. We want to remind cyclists they need to obey laws and if they don’t, they will be fined and incur demerit points,” he said.
A two-year Queensland trial of the 1m rule, which started in April last year, has been generally accepted by road users, according to research by cycling safety group the Amy Gillett Foundation. The foundation is named for the South Australian cyclist killed by an out-of-control car in Germany in 2005 when riding with her Australian track teammates.
Amy Gillett’s mother, Mary Safe, has backed the overtaking laws, saying no motorist would want to live with the knowledge their vehicle had maimed or killed a cyclist.
Liberal transport spokesman Corey Wingard supported improving safety for all road users, saying this was a shared responsibility, but urged police to exercise discretion when policing the new rules.
“Cyclists need to be mindful that their actions also impact on motorists. Encouraging motorists to be more aware of cyclists on roads is important and the 1m rule will help do that.
“However, there will be practical difficulties regarding the 1m rule, such as where bike lanes run out and entering and exiting signalised intersections.
“It will be important for SA police to exercise discretion in these circumstances.”
Both Bicycle SA chief executive officer Christian Haag and RAA senior manager road safety Charles Mountain backed the mandated overtaking gap and said riding on footpaths would encourage more people to cycle.
“The ability to ride on footpaths will definitely encourage many more of the 60 per cent of south Australians who say they would ride more if they felt it was safer to do so,” Mr Haag said.
Mr Mountain said both new rules, backed by an education campaign, would hopefully reduce any tension between motorists and cyclists.
“To keep a safe distance, you really do need at least a metre to be safe,” he said.
Brompton cyclist Christine Mason, 26, said she felt safer riding on bike paths than roads because she was not constantly scanning for threats.
“The more road safety rules that we have for cyclists, the better — it’s dangerous out there,” she said.