Sisters in Law: Can you cycle on the footpath legally?

She yelled at the family of four on the street and threatened to call the police for something that many people commonly do.

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise on whether its illegal for families with small children to cycle on the footpath.

Question:

Are you allowed to cycle on footpaths? The reason I ask is that I was recently on holiday in Queensland from Sydney, and a very rude woman bellowed at me and my family for cycling on the pavement.

She said it’s completely illegal and that she was going to “call the police”. If my kids hadn’t been there she might have heard some choice words from me! Are people with small children really expected to cycle on busy roads or is that awful woman completely wrong in what she says? – Pinar, NSW

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Answer:

That would have been quite distressing, particularly when your small children were with you. As parents, we always want to lead by example so they too will also abide by the law.

In fact, we were subjected to similar comments in Queensland during the Christmas period, unfortunately with a few choice expletives thrown in by the person abusing us.

With the opening of the borders, there are a lot of people travelling within Australia and each of the states and territories have slightly different laws about riding bicycles on footpaths.

You’ll be pleased to know you weren’t in the wrong for riding on the footpath in Queensland, and if that woman had called the police she would have been wasting their time.

You aren’t in the wrong for riding on the footpath in Queensland, but rules differ around the country. Picture: iStock

In Queensland, any bicycle rider – including adults riding without children – can ride on a footpath provided there is not a “No Bicycles” sign, and they follow the other rules.

These rules include:

1. Riding only on the side for bicycle riders when on a separated path

2. Keeping to the left

3. Giving way to pedestrians and other bikes coming towards you

4. Wearing a helmet (unless you have an exemption)

5. Using a light at night or in hazardous weather conditions

As you’re from New South Wales, you might know the laws there are different.

Generally, bicycle riders must not ride on a footpath. However, children under 16 are able to ride on a footpath provided there isn’t a “No Bicycles” sign.

Children under 16 are able to ride on a footpath provided there isn’t a “No Bicycles” sign. Picture: iStock

There are also some other exceptions allowing people over 16 to ride on a footpath, including:

1. An adult supervising a child under 16

2. A rider carrying a child under 10 as a passenger

3. A rider with a medical condition who has a medical certificate allowing them to ride on the footpath

4. A rider accompanying a person with a medical condition

5. A postal worker riding a bicycle in the course of their work duties

As a cyclist, you should keep to the left of a footpath and give way to pedestrians, adjusting your speed to suit the environment.

If you want to overtake pedestrians on a path, then this should be done on the right side (as you normally would if you were driving a car).

Your experience is a good reminder for travellers to make sure they’re aware of the laws of the state or territory they’re holidaying in, as each can differ.

There are rules to follow while riding on the footpath. Picture: iStock

Victoria is similar to NSW and generally limits riding on footpaths to children, with some exceptions.

Elsewhere in Australia, in the ACT, NT, WA, Tasmania and SA all riders – including adults without children – are allowed to ride on footpaths.

For more information, you can visit Bicycle Network’s list of links to cycling rules around Australia.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

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