SA Liberals poised to overturn new cyclist overtaking laws
THE Liberals are threatening to overturn controversial new bike laws that allow cyclists on footpaths and motorists to cross double lines to overtake riders on the road. Here’s why.
- How the new cyclist overtaking laws affect all road users
- Drivers must provide 1m gap for cyclists
- Rogue cyclists on warning to stick to laws
THE Liberals are threatening to overturn controversial new bike laws which allow cyclists on footpaths and motorists to cross double lines to overtake riders on the road, pledging to strike down the changes if consultation finds there is public support to do so.
The Advertiser can reveal the Liberal party room late on Monday agreed to start their own period of public consultation on the laws, and block or support them pending its outcome.
The new rules, which also require motorists to keep as much as a 1.5m distance from riders, came into force at the weekend under new ministerial regulations.
A majority in either House of State Parliament has the power to veto ministerial regulations. Three Upper House crossbenchers have expressed serious reservations about the laws and could combine with the Liberals to kill them off.
Opposition transport spokesman Corey Wingard said the bike changes had been dumped on the public with little warning and had become highly controversial.
“The overwhelming response to the new rules since they were announced has been negative,” he said.
“South Australians have expressed major concerns with cyclists being able to ride unrestricted on footpaths and asking motorists to cross double white lines to pass cyclists. We are going to undertake the consultation that the Weatherill Labor Government should have done.”
The changes followed a “citizens’ jury” called by the State Government which brought together a cross-section of the public to consider how best to share the road.
Mr Wingard said it “only involved 40 people” and “wasn’t a proper consultation”.
The Liberals intend to consult and negotiate with government and crossbench MPs until Parliament resumes at beginning of next year.
Transport and Infrastructure Minister Stephen Mullighan said the Government had consulted heavily to deliver a balance between bikes and cars.
“The Opposition hasn’t advised the government that they don’t support these laws,” he said last night.
“These laws were announced 10 months ago, there was public consultation in March that over 1500 people and organisations participated in (but not a single member of the Opposition), and only now are they turning their mind to it.”
He said the laws were changed by regulation because it was “the most appropriate legislative mechanism to use”.
Family First MP Rob Brokenshire challenged the Government to introduce its bike overhaul as legislation so that Parliament could consider individual measures for approval or rejection. Ministerial regulations can only be approved or accepted in full.
Mr Brokenshire said the overwhelming public response was negative.
“It should have come through as legislation in the first place and we could have worked these things out,” he said.
Independent MP John Darley said motorists had been brought up not to cross double white lines and there were roads where it would never be safe to do so.
Mr Darley said he was also concerned about bike speed limits on footpaths but was more comfortable with rules to ensure separation between bikes and cars.
Under the rules, motorists risk a $347 fine if they fail to leave a minimum one-metre gap when overtaking cyclists, or 1.5m on roads with speed limits over 60kmh.
A $45 fine for riding on footpaths, from which children under 12 and adults supervising them are now exempt, are abolished for cyclists of all ages.
The penalty for breaking the “1m rule” is an expiation fee of $287, plus a $60 victims of crime levy and the loss of two demerit points.
The 1m rule is being trialled in Queensland and considered for introduction in Victoria, Western Australia and the Australian Capital Territory.
Cyclists on footpaths are required to follow existing rules such as keeping left, giving way to pedestrians and using warning bells, when necessary. They are still 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.