Section 5 AGF Minimum Overtaking Distance the Legislation

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    Section 5: Road rules – the legislation

    In Australia, there is a national set of road rules, the Australian Road Rules (ARR). The intention of the roadrules was that, when fully implemented, almost all road rules would be consistent throughout Australia.This new consistency would remove historical differences between jurisdictions and contribute to safer

    roads by eliminating confusion for drivers. e are wor!ing directly with the "ational Transport #ommissionand the Australian Road Rules $aintenance %roup to ma!e the necessary amendments to the national roadrules. In addition to the national road rules, we are also wor!ing towards amending state and territory roadrules.

    A !ey component of this campaign is to amend the road rules across Australia to increase the protection ofall bicycle riders. The protection afforded by a legislated minimum passing distance is both physical and judicial&

    'hysical& passing with sufficient distance reduces the li!elihood of a crash which canresult in the bicycle rider s death or serious injury or a near crash which candestabilise or intimidate the bicycle rider

    *udicial& values the physical safety of the bicycle rider+ creates a specific penalty todrivers who pass with insufficient distance+ contributes to broader cultural andbehavioural change

    owever, in relation to safe overta!ing behaviour, there are numerous, often minor, jurisdictional variations.

    e have identified the Australian Road Rules relevant to the introduction of a minimum passing distancethat must be observed by drivers when overta!ing bicycle riders. There is a subsection for the national roadrules and one for each jurisdiction which includes&

    #urrent status& an update of any !nown action that is being underta!en- isting road rules with A%/ suggested amendments including relevant terms

    e have mar!ed each road rule with our recommended amendments using red te t for wording werecommend be inserted.

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    Australia

    #urrent road rule& Australian Road Rules, /ebruary 0120 version

    3in!& http&44www.ntc.gov.au4filemedia4Reports4ARR/eb20.pdf

    Relevant terms as defined by the Australian Road Rules

    The following terms and definitions are e tracted from the Australian Road Rules because they are relevantto the suggested amendments to specific Australian Road Rules.

    Division 2—Road users and vehicles14 Road users

    A road user is a driver, rider, passenger or pedestrian.Note Driver is defined in rule 16, pedestrian is defined in rule 18, and rider is defined inrule 17.

    15 What is a vehicle A vehicle includes—

    (a) a motor vehicle, trailer and tram; and(b) a bic cle; and(c) an animal!dra"n vehicle, and an animal that is being ridden or dra"ing a vehicle;

    and(d) a combination; and(e) a motorised "heelchair that can travel at over 1#$m%h (on level ground);

    but does not include another $ind of "heelchair, a train, a "heeled recreational device, a"heeled to or a personal mobilit device.

    16 Who is a driver (1) A driver is the person "ho is driving a vehicle (e&cept a motor bi$e, bic cle, animal oranimal dra"n vehicle).

    Note 1 Bicycle and motor bike are defined in the dictionar , and vehicle is defined in rule1'.Note 2 Drive includes be in control of — see the definition in the dictionar .

    ( ) o"ever, a driver does not include a person pushing a motorised "heelchair.

    17 Who is a rider (1) A rider is the person "ho is riding a motorbi$e, bicycle , animal or animal!dra"n vehicle.

    Note 1 Bicycle and motor bike are defined in the dictionar .Note 2 Ride , for the rider of a motor bi$e or animal!dra"n vehicle, includes be in control of— see the definition in the dictionar .

    ( ) A rider does not include—(a) a passenger; or (b) a person "al$ing beside and pushing a bic cle.

    19 References to driver includes rider etc*nless other"ise e&pressl stated in the Australian +oad +ules, each reference in the+ules (e&cept in this ivision) to a driver includes a reference to a rider, and each

    reference in the +ules (e&cept in this ivision) to driving includes a reference to riding.

    http://www.ntc.gov.au/filemedia/Reports/ARRFeb12.pdfhttp://www.ntc.gov.au/filemedia/Reports/ARRFeb12.pdf

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    ARR 139

    The e isting ARR 256 relates to Exceptions for avoiding obstructions on the road and allows a driverto cross a continuous dividing line to avoid an obstacle.

    e recommend a new rule, ARR 256A be inserted to provide specific provision for drivers to crossa continuous dividing line to overta!e a bicycle rider.

    ARR 139A139A !ce"tions for overta$ing bic cles on a road

    (1) A driver on a t"o!"a road "ithout a dividing line or median strip ma drive to the rightof the centre of the road to overta$e a bic cle if—

    (a) the driver has a clear vie" of an approaching traffic; and(b) it is necessar and reasonable, in all the circumstances, for the driver to drive to

    the right of the centre of the road to overta$e a bic cle; and(c) the driver can do so safel .

    ( ) A driver on a road "ith a dividing line ma drive to the right of the dividing line tooverta$e a bic cle if—

    (a) the driver has a clear vie" of an approaching traffic; and(b) it is necessar and reasonable, in all the circumstances, for the driver to drive to

    the right of the dividing line to overta$e a bic cle; and(c) the driver can do so safel .

    (-) or subsection ( ), if the dividing line is a single continuous dividing line to the left of abro$en dividing line, a single continuous dividing line onl or parallel continuous dividinglines, the ha/ard in driving to the right of such a dividing line must be ta$en into account indeciding "hether it is reasonable to drive to the right of the dividing line.

    (0) A driver ma drive on a dividing strip, or on or over a single continuous line, or parallelcontinuous lines, along a side of or surrounding a painted island, to overta$e a bic cle if—(a) the driver has a clear vie" of an approaching traffic; and(b) it is necessar and reasonable to drive on the dividing strip or painted island to

    overta$e a bic cle; and(c) the driver can do so safel .

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    ARR 144

    144 #ee"in$ a safe distance %hen overta&in$(1) A driver overta$ing a vehicle—

    (a) must pass the vehicle at a sufficient distance to avoid a collision "ith the vehicle orobstructing the path of the vehicle; and(b) must not return to the mar$ed lane or line of traffic "here the vehicle is travelling untilthe driver is a sufficient distance past the vehicle to avoid a collision "ith the vehicle orobstructing the path of the vehicle.

    ( ) or the purposes of this subsection 100(1)(a), a sufficient distance for passing a bic clemeans(a) a lateral distance of not less than 1 metre if the applicable speed-limit does not exceed 60km/h; and(b) a lateral distance of not less than 1.5 metres if the applicable speed-limit exceeds 60 km/h.

    Notes

    A sufficient distance for subsection 100( ), is the lateral distance measured from the furthest right side ofthe bicycle or bicycle’s rider to the left side of the driver’s vehicle including mirrors or other projectionsincluding trailers and other attachments.

    This ARR applies at all times, including when the bicycle is travelling in a marked bicycle lane.

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    ARR 146

    146 Drivin$ %ithin a sin$le 'ar&ed lane or line of traffic(1) A driver on a multi!lane road must drive so the driver2s vehicle is completel in a mar$ed lane,unless the driver is—

    (a) entering a part of the road of 1 $ind from a part of the road of another $ind (for e&ample,moving to or from a service road or a shoulder of the road); or (b) entering or leaving the road; or (c) moving from 1 mar$ed lane to another mar$ed lane; or (d) overta$ing a bic cle; or (e) avoiding an obstruction; or (f) obe ing a traffic control device appl ing to the mar$ed lane; or (g) permitted to drive in more than 1 mar$ed lane under this regulation.

    Explanation

    The use of the term 7obstruction8 in ARR 29: e cludes a vehicle that is travelling more slowly than othervehicles8 because of the definition in the ;ictionary of the ARRs.

    The suggested insertion of the words 7overta!e a bicycle8 addresses this e clusion and promotes safedriving when a vehicle is being delayed by a bicycle.

    ARR 147

    147 (ovin$ fro' one 'ar&ed lane to another 'ar&ed lane across a continuous linese"aratin$ the lanes(1) A driver on a multi!lane road must not move from 1 mar$ed lane to another mar$ed lane bcrossing a continuous line separating the lanes unless—

    (a) the driver is overta$ing a bic cle; or (b) the driver is avoiding an obstruction; or(c) the driver is obe ing a traffic control device appl ing to the first mar$ed lane; or (d) the driver is permitted to drive in both mar$ed lanes under subsection ( ); or(e) either of the mar$ed lanes is a special purpose lane in "hich the driver is permitted to driveunder this regulation and the driver is moving to or from the special purpose lane.

    Explanation

    The use of the term 7obstruction8 in ARR 29< e cludes a vehicle that is travelling more slowly than othervehicles8 because of the definition in the =chedule > ;ictionary of the ARRs.

    The suggested insertion of the words 7the driver is overta!ing a bicycle8 addresses this e clusion andpromotes safe driving when a vehicle is being delayed by a bicycle.

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    Australian Capital erritor!

    #urrent road rule& Australian Road Rules, /ebruary 0120 version

    3in!& http&44www.ntc.gov.au4filemedia4Reports4ARR/eb20.pdf

    The road rules in the Australian #apital Territory (A#T) authorised by the A#T 'arliamentary #ounsel are&Road Transport (Safety and Traffic Management) Australian Road Rules Incorporation !"# ($o ")%

    The specific rules that relate to introducing a minimum safe passing distance when drivers overta!e bi!eriders are as provided for the Australian Road Rules above.

    e anticipate that the changes to the Australian Road Rules will lead to an adoption of those amendmentsin the A#T.

    http://www.ntc.gov.au/filemedia/Reports/ARRFeb12.pdfhttp://www.ntc.gov.au/filemedia/Reports/ARRFeb12.pdf

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    "e# South $ales

    #urrent road rule& Road Rules 011? under the Road Transport Act 0125

    3in!&http&44www.legislation.nsw.gov.au4maintop4view4inforce4subordleg@2

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    Rule 139

    The e isting Rule 256 relates to Exceptions for avoiding obstructions on the road and allows a driver to crossa continuous dividing line to avoid an obstacle.

    e recommend a new rule, Rule 256A be inserted to provide specific provision for drivers to cross acontinuous dividing line to overta!e a bicycle rider.

    Rule 139A139A !ce"tions for overta$ing bic cles on a road

    (1) A driver on a t"o!"a road "ithout a dividing line or median strip ma drive to the rightof the centre of the road to overta$e a bic cle if—

    (a) the driver has a clear vie" of an approaching traffic; and(b) it is necessar and reasonable, in all the circumstances, for the driver to drive to

    the right of the centre of the road to overta$e a bic cle; and(c) the driver can do so safel .

    ( ) A driver on a road "ith a dividing line ma drive to the right of the dividing line tooverta$e a bic cle if—

    (a) the driver has a clear vie" of an approaching traffic; and(b) it is necessar and reasonable, in all the circumstances, for the driver to drive to

    the right of the dividing line to overta$e a bic cle; and(c) the driver can do so safel .

    (-) or subsection ( ), if the dividing line is a single continuous dividing line to the left of abro$en dividing line, a single continuous dividing line onl or parallel continuous dividinglines, the ha/ard in driving to the right of such a dividing line must be ta$en into account indeciding "hether it is reasonable to drive to the right of the dividing line.

    (0) A driver ma drive on a dividing strip, or on or over a single continuous line, or parallelcontinuous lines, along a side of or surrounding a painted island, to overta$e a bic cle if—

    (a) the driver has a clear vie" of an approaching traffic; and(b) it is necessar and reasonable to drive on the dividing strip or painted island tooverta$e a bic cle; and

    (c) the driver can do so safel .

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    Rule 144

    144 #ee"in$ a safe distance %hen overta&in$(1) A driver overta$ing a vehicle—

    (a) must pass the vehicle at a sufficient distance to avoid a collision "ith the vehicle orobstructing the path of the vehicle; and(b) must not return to the mar$ed lane or line of traffic "here the vehicle is travelling untilthe driver is a sufficient distance past the vehicle to avoid a collision "ith the vehicle orobstructing the path of the vehicle.

    ( ) or the purposes of this subrule 100(1)(a), a sufficient distance for passing a bic cle means(a) a distance of not less than 1 m if the applicable speed-limit does not exceed 60 km/h; and(b) a distance of not less than 1.5 m if the applicable speed-limit exceeds 60 km/h.

    Notes

    A sufficient distance for subrule 100( ), is the lateral distance measured from the furthest right side of the bicycle or bicycle’s rider to the left side of the driver’s vehicle including mirrors or other projectionsincluding trailers and other attachments.

    This rule applies at all times, including when the bicycle is travelling in a bicycle lane.

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    Rule 146

    146 Drivin$ %ithin a sin$le 'ar&ed lane or line of traffic(1) A driver on a multi!lane road must drive so the driver2s vehicle is completel in a mar$ed lane,unless the driver is—

    (a) entering a part of the road of one $ind from a part of the road of another $ind (fore&ample, moving to or from a service road or a shoulder of the road); or (b) entering or leaving the road; or (c) moving from one mar$ed lane to another mar$ed lane; or (d) overta$ing a bic cle; or (e) avoiding an obstruction; or (f) obe ing a traffic control device appl ing to the mar$ed lane; or (g) permitted to drive in more than one mar$ed lane under another provision of these +ules.

    Explanation

    The use of the term 7obstruction8 in Rule 29: e cludes a vehicle that is travelling more slowly than othervehicles8 because of the definition in the ;ictionary of the "= Road Rules.

    The suggested insertion of the words 7overta!e a bicycle8 addresses this e clusion and promotes safedriving when a vehicle is being delayed by a bicycle.

    Rule 147

    147 (ovin$ fro' one 'ar&ed lane to another 'ar&ed lane across a continuous linese"aratin$ the lanes(1) A driver on a multi!lane road must not move from one mar$ed lane to another mar$ed lane bcrossing a continuous line separating the lanes unless—

    (c) the driver is overta$ing a bic cle; or (d) the driver is avoiding an obstruction; or(c) the driver is obe ing a traffic control device appl ing to the first mar$ed lane; or (d) the driver is permitted to drive in both mar$ed lanes under another provision of these +ules;

    or (e) either of the mar$ed lanes is a special purpose lane in "hich the driver is permitted to driveunder these +ules and the driver is moving to or from the special purpose lane.

    Explanation

    The use of the term 7obstruction8 in Rule 29< e cludes a vehicle that is travelling more slowly than othervehicles8 because of the definition in the ;ictionary of the "= Road Rules.

    The suggested insertion of the words 7the driver is overta!ing a bicycle8 addresses this e clusion andpromotes safe driving when a vehicle is being delayed by a bicycle.

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    "orthern erritor!

    #urrent road rule& Traffic Regulations, 2 *uly 0125

    3in!&

    http&44notes.nt.gov.au4dcm4legislat4legislat.nsf4d6?66:2cf112a9b

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    %ueensland

    #urrent road rule& Transport Cperations (Road Dse $anagement E Road Rules) Regulation 0116

    3in!& https&44www.legislation.Fld.gov.au43-%I=3T"4#DRR-"T4T4TrantCpRDRR16.pdf

    Division 2—Road users and vehicles14 Road users

    A road user is a driver, rider, passenger or pedestrian.

    15 What is a vehicle A vehicle includes—

    (a) a motor vehicle, trailer and tram; and(b) a bic cle; and(c) an animal!dra"n vehicle, and an animal that is being ridden or dra"ing a vehicle; and

    (d) a combination; and(e) a motorised "heelchair that can travel at over 1#$m%h (on level ground);but does not include another $ind of "heelchair, a train, a "heeled recreational device, a "heeledto or a personal mobilit device.

    16 Who is a driver (1) A driver is the person "ho is driving a vehicle (e&cept a motor bi$e, bic cle, animal or animaldra"n vehicle).( ) o"ever, a driver does not include a person pushing a motorised "heelchair.

    17 Who is a rider (1) A rider is the person "ho is riding a motorbi$e, bicycle , animal or animal!dra"n vehicle.( ) A rider does not include—

    (a) a passenger; or (b) a person "al$ing beside and pushing a bic cle.

    19 Reference to driver includes rider etc**nless other"ise e&pressl stated in this regulation, a reference in this regulation (e&cept in thisdivision)—

    (a) to a driver , includes a reference to a rider; and(b) to driving , includes a reference to riding.

    https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrantOpRURR09.pdfhttps://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrantOpRURR09.pdf

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    Section 139

    The e isting =ection 256 relates to Exceptions for avoiding obstructions on the road and allows adriver to cross a continuous dividing line to avoid an obstacle.

    e recommend a new rule, =ection 256A be inserted to provide specific provision for drivers tocross a continuous dividing line to overta!e a bicycle rider.

    Section 139A139A !ce"tions for overta$ing bic cles on a road

    (1) A driver on a t"o!"a road "ithout a dividing line or median strip ma drive to the rightof the centre of the road to overta$e a bic cle if—

    (a) the driver has a clear vie" of an approaching traffic; and(b) it is necessar and reasonable, in all the circumstances, for the driver to drive to

    the right of the centre of the road to overta$e a bic cle; and(c) the driver can do so safel .

    ( ) A driver on a road "ith a dividing line ma drive to the right of the dividing line tooverta$e a bic cle if—

    (a) the driver has a clear vie" of an approaching traffic; and(b) it is necessar and reasonable, in all the circumstances, for the driver to drive to

    the right of the dividing line to overta$e a bic cle; and(c) the driver can do so safel .

    (-) or subsection ( ), if the dividing line is a single continuous dividing line to the left of abro$en dividing line, a single continuous dividing line onl or parallel continuous dividinglines, the ha/ard in driving to the right of such a dividing line must be ta$en into account indeciding "hether it is reasonable to drive to the right of the dividing line.

    (0) A driver ma drive on a dividing strip, or on or over a single continuous line, or parallelcontinuous lines, along a side of or surrounding a painted island, to overta$e a bic cle if—(a) the driver has a clear vie" of an approaching traffic; and(b) it is necessar and reasonable to drive on the dividing strip or painted island to

    overta$e a bic cle; and(c) the driver can do so safel .

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    Section 144

    144 #ee"in$ a safe distance %hen overta&in$(1) A driver overta$ing a vehicle—

    (a) must pass the vehicle at a sufficient distance to avoid a collision "ith the vehicle orobstructing the path of the vehicle; and(b) must not return to the mar$ed lane or line of traffic "here the vehicle is travelling untilthe driver is a sufficient distance past the vehicle to avoid a collision "ith the vehicle orobstructing the path of the vehicle.

    ( ) or the purposes of this subsection 100(1)(a), a sufficient distance for passing a bic clemeans(a) a lateral distance of not less than 1 metre if the applicable speed-limit does not exceed 60km/h; and(b) a lateral distance of not less than 1.5 metres if the applicable speed-limit exceeds 60 km/h.

    Notes

    A sufficient distance for subsection 100( ), is the lateral distance measured from the furthest right side ofthe bicycle or bicycle’s rider to the left side of the driver’s vehicle including mirrors or other projectionsincluding trailers and other attachments.

    This section applies at all times, including when the bicycle is travelling in a marked bicycle lane.

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    Section 146

    146 Drivin$ %ithin a sin$le 'ar&ed lane or line of traffic(1) A driver on a multi!lane road must drive so the driver2s vehicle is completel in a mar$ed lane,unless the driver is—

    (a) entering a part of the road of 1 $ind from a part of the road of another $ind (for e&ample,moving to or from a service road or a shoulder of the road); or (b) entering or leaving the road; or (c) moving from 1 mar$ed lane to another mar$ed lane; or (d) overta$ing a bic cle; or (e) avoiding an obstruction; or (f) obe ing a traffic control device appl ing to the mar$ed lane; or (g) permitted to drive in more than 1 mar$ed lane under this regulation.

    Explanation

    The use of the term 7obstruction8 in =ection 29: e cludes a vehicle that is travelling more slowly than othervehicles8 because of the definition in the =chedule > ;ictionary of the Gueensland Road Rules.

    The suggested insertion of the words 7overta!e a bicycle8 addresses this e clusion and promotes safedriving when a vehicle is being delayed by a bicycle.

    Section 147

    147 (ovin$ fro' one 'ar&ed lane to another 'ar&ed lane across a continuous linese"aratin$ the lanes(1) A driver on a multi!lane road must not move from 1 mar$ed lane to another mar$ed lane bcrossing a continuous line separating the lanes unless—

    (e) the driver is overta$ing a bic cle; or (f) the driver is avoiding an obstruction; or(c) the driver is obe ing a traffic control device appl ing to the first mar$ed lane; or (d) the driver is permitted to drive in both mar$ed lanes under subsection ( ); or(e) either of the mar$ed lanes is a special purpose lane in "hich the driver is permitted to driveunder this regulation and the driver is moving to or from the special purpose lane.

    Explanation

    The use of the term 7obstruction8 in =ection 29< e cludes a vehicle that is travelling more slowly than othervehicles8 because of the definition in the =chedule > ;ictionary of the Gueensland Road =ections.

    The suggested insertion of the words 7the driver is overta!ing a bicycle8 addresses this e clusion andpromotes safe driving when a vehicle is being delayed by a bicycle.

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    South Australia

    Cn 5 *uly 0125, %reens 3eader $ar! 'arnell introduced ill into the =outh Australian =tate 'arliament thatreFuires drivers to leave a gap of at least one metre when passing bicycle riders on the road.

    =ubmitted ill& Road Traffic (Cverta!ing icycles) Amendment billAn Act to amend the Road Traffic Act 26:2

    3in!& http&44www.austlii.edu.au4au4legis4sa4bill4rtbab01255?54

    The submitted ill is included below.

    The Parliament of South Australia enacts as follows:

    Part 1—Preliminary1—Short title

    This Act may be cited as the Road Traffic (Overtaking Bicycles) Amendment Act 2013 .

    2—CommencementThis Act will come into operation 2 months after the day on which it is assented to by the overnor.

    3—Amendment provisions!n this Act, a provision under a heading referring to the amendment of a specified Act amends theAct so specified.

    Part 2—Amendment of Road Traffic Act 1961—!nsertion of section "2

    After section "# insert$"2—#verta$in% or passin% &icycles

    %#& A driver of a motor vehicle must, while overtaking or passing a person whois riding a bicycle, ensure that at least the prescribed minimum distance ismaintained at all times between the motor vehicle and the bicycle.

    %2& The driver of a motor vehicle who is overtaking or passing the rider of a bicycle in accordance with subsection %#& may, for that purpose' %a& drive to the right of a dividing line or the centre of the road in

    accordance with rule #(" of the Australian Road Rules ) or %b& drive in more than # marked lane or line of traffic %provided that in

    moving to do so he or she gives way in accordance with rule #*+ of

    the Australian Road Rules as if moving from # marked lane or lineof traffic to another&) or %c& cross a continuous line separating marked lanes as if rule #* of

    the Australian Road Rules applied.%(& !n this section'

    %a& centre of the road , dividing line , give way , line of traffic , markedlane and overtake have the same respective meanings as inthe Australian Road Rules )

    passing , in relation to the driver of a motor vehicle passing the rider of a bicycle, does not include passing a rider who is travelling in theopposite direction to that in which the driver is travelling)

    prescribed minimum distance , in relation to the driver of a motorvehicle overtaking or passing the rider of a bicycle, means ' %i& if the speed limit applicable to the driver of the

    motor vehicle for the length of road on which the

    http://www.austlii.edu.au/au/legis/sa/bill/rtbab2013383/http://www.austlii.edu.au/au/legis/sa/consol_act/rta1961111/http://www.austlii.edu.au/au/legis/sa/consol_act/rta1961111/http://www.austlii.edu.au/au/legis/sa/bill/rtbab2013383/#id9ab7c40d_fe29_47d8_9d49_3181af9a93http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/http://www.austlii.edu.au/au/legis/sa/bill/rtbab2013383/http://www.austlii.edu.au/au/legis/sa/consol_act/rta1961111/http://www.austlii.edu.au/au/legis/sa/bill/rtbab2013383/#id9ab7c40d_fe29_47d8_9d49_3181af9a93http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/

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    driver is driving does not e-ceed / kilometres perhour'# metre)

    %ii& if the speed limit does e-ceed / kilometres perhour'#.0 metres,

    where the distance is measured hori1ontally between the e-tremitiesof the motor vehicle and bicycle e-tended in a vertical plane)

    %b& a reference to a motor vehicle or bicycle includes a reference to thefollowing$%i& the whole of the motor vehicle or bicycle, including

    the driver or rider and any passenger, e uipment,load or attachment)

    %ii& the whole of any vehicle being towed by the motorvehicle or bicycle, including any passenger,e uipment, load or attachment)

    %c& a reference to the Australian Road Rules is a reference to the rulesas in force at the time this section comes into operation.

    http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/

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    as&ania

    #urrent road rule& Road Rules 0116 (=.R. 0116, "o. 290)

    3in!&

    http&44www.thelaw.tas.gov.au4tocview4inde .w5p+condHall+doc idHJ0 290J0 0116J0 ATJ91-"J0 01251609111111+histonH+promptH+recH+termHroad

    Action is yet to be ta!en in Tasmania. e welcome the opportunity to discuss the possibility to amend theroad rules in the Tasmania.

    http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=all;doc_id=%2B142%2B2009%2BAT@EN%2B20130924000000;histon=;prompt=;rec=;term=roadhttp://www.thelaw.tas.gov.au/tocview/index.w3p;cond=all;doc_id=%2B142%2B2009%2BAT@EN%2B20130924000000;histon=;prompt=;rec=;term=roadhttp://www.thelaw.tas.gov.au/tocview/index.w3p;cond=all;doc_id=%2B142%2B2009%2BAT@EN%2B20130924000000;histon=;prompt=;rec=;term=roadhttp://www.thelaw.tas.gov.au/tocview/index.w3p;cond=all;doc_id=%2B142%2B2009%2BAT@EN%2B20130924000000;histon=;prompt=;rec=;term=road

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    'ictoria

    #urrent road rule& Road =afety Road Rules 0116 (=.R. 6940116)

    3in!&

    http&44www.legislation.vic.gov.au4;omino4 eb "otes43;$=43TCbject =tore43TCbj=t

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    Rule 139

    The e isting Rule 256 relates to Exceptions for avoiding obstructions on the road and allows a driver to crossa continuous dividing line to avoid an obstacle.

    e recommend a new rule, Rule 256A be inserted to provide specific provision for drivers to cross acontinuous dividing line to overta!e a bicycle rider.

    Rule 139A139A !ce"tions for overta$ing bic cles on a road

    (1) A driver on a t"o!"a road "ithout a dividing line or median strip ma drive to the rightof the centre of the road to overta$e a bic cle if—

    (a) the driver has a clear vie" of an approaching traffic; and(b) it is necessar and reasonable, in all the circumstances, for the driver to drive to

    the right of the centre of the road to overta$e a bic cle; and(c) the driver can do so safel .

    ( ) A driver on a road "ith a dividing line ma drive to the right of the dividing line to

    overta$e a bic cle if—(a) the driver has a clear vie" of an approaching traffic; and(b) it is necessar and reasonable, in all the circumstances, for the driver to drive to

    the right of the dividing line to overta$e a bic cle; and(c) the driver can do so safel .

    (-) or subsection ( ), if the dividing line is a single continuous dividing line to the left of abro$en dividing line, a single continuous dividing line onl or parallel continuous dividinglines, the ha/ard in driving to the right of such a dividing line must be ta$en into account indeciding "hether it is reasonable to drive to the right of the dividing line.

    (0) A driver ma drive on a dividing strip, or on or over a single continuous line, or parallelcontinuous lines, along a side of or surrounding a painted island, to overta$e a bic cle if—

    (a) the driver has a clear vie" of an approaching traffic; and(b) it is necessar and reasonable to drive on the dividing strip or painted island to

    overta$e a bic cle; and(c) the driver can do so safel .

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    Rule 144

    144 #ee"in$ a safe distance %hen overta&in$(1) A driver overta$ing a vehicle—

    (a) must pass the vehicle at a sufficient distance to avoid a collision "ith the vehicle orobstructing the path of the vehicle; and(b) must not return to the mar$ed lane or line of traffic "here the vehicle is travelling untilthe driver is a sufficient distance past the vehicle to avoid a collision "ith the vehicle orobstructing the path of the vehicle.

    ( ) or the purposes of this subrule 100(1)(a), a sufficient distance for passing a bic cle means(a) a distance of not less than 1 metre if the applicable speed-limit does not exceed 60 km/h; and(b) a distance of not less than 1.5 metre if the applicable speed-limit exceeds 60 km/h.

    Notes

    A sufficient distance for subrule 100( ), is the lateral distance measured from the furthest right side of the bicycle or bicycle’s rider to the left side of the driver’s vehicle including mirrors or other projectionsincluding trailers and other attachments.

    This rule applies at all times, including when the bicycle is travelling in a bicycle lane.

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    Rule 146

    146 Drivin$ %ithin a sin$le 'ar&ed lane or line of traffic(1) A driver on a multi!lane road must drive so the driver2s vehicle is completel in a mar$ed lane,unless the driver is—

    (a) entering a part of the road of one $ind from a part of the road of another $ind (fore&ample, moving to or from a service road or a shoulder of the road); or (b) entering or leaving the road; or (c) moving from one mar$ed lane to another mar$ed lane; or (d) overta$ing a bic cle; or (e) avoiding an obstruction; or (f) obe ing a traffic control device appl ing to the mar$ed lane; or (g) permitted to drive in more than one mar$ed lane under another provision of these +ules.

    Explanation

    The use of the term 7obstruction8 in Rule 29: e cludes a vehicle that is travelling more slowly than othervehicles8 because of the definition in the ;ictionary of the Lictorian Road Rules.

    The suggested insertion of the words 7overta!e a bicycle8 addresses this e clusion and promotes safedriving when a vehicle is being delayed by a bicycle.

    Rule 147

    147 (ovin$ fro' one 'ar&ed lane to another 'ar&ed lane across a continuous linese"aratin$ the lanes(1) A driver on a multi!lane road must not move from one mar$ed lane to another mar$ed lane bcrossing a continuous line separating the lanes unless—

    (a) the driver is overta$ing a bic cle; or

    (b) the driver is avoiding an obstruction; or(c) the driver is obe ing a traffic control device appl ing to the first mar$ed lane; or (d) the driver is permitted to drive in both mar$ed lanes under another provision of these +ules;

    or (e) either of the mar$ed lanes is a special purpose lane in "hich the driver is permitted to driveunder these +ules and the driver is moving to or from the special purpose lane.

    Explanation

    The use of the term 7obstruction8 in Rule 29< e cludes a vehicle that is travelling more slowly than othervehicles8 because of the definition in the ;ictionary of the Lictorian Road Rules.

    The suggested insertion of the words 7the driver is overta!ing a bicycle8 addresses this e clusion andpromotes safe driving when a vehicle is being delayed by a bicycle.

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    $estern Australia

    #urrent road rule& Road Traffic Act 26