Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Division 2.3.1A Bicycle riders
38A Keeping safe lateral distance when passing bicycle rider
(1) The driver of a motor vehicle passing the rider of a bicycle that is travelling in the same direction as the driver must pass the bicycle at a sufficient distance from—
(a) the bicycle; or
(b) if the rider is riding alongside another rider—the bicycle furthest to the right.
Maximum penalty: 20 penalty units.
Note The Australian Road Rules
, r 129 requires the rider of a bicycle on a road, other than a multi-lane road, to ride as near as practicable to the far left side of the road.
(2) For this section—
(a) a driver passes a bicycle at a sufficient distance from the bicycle if the driver passes at a lateral distance from the bicycle of—
(i) if the applicable speed limit at the point the driver passes the bicycle is not more than 60km/h—at least 1m; or
(ii) if the applicable speed limit at the point the driver passes the bicycle is more than 60km/h—at least 1.5m; and
(b) the lateral distance between a motor vehicle passing a bicycle and the bicycle is the distance between—
(i) the most distant point to the left—
(A) on the driver's vehicle; or
(B) on any projection from the vehicle (whether or not attached to the vehicle); and
(ii) the most distant point to the right—
(A) on the bicycle (or any part of the bicycle); or
(B) on a rider of the bicycle; or
(C) on any bicycle trailer towed by the bicycle; or
(D) on any passenger in or on any bicycle trailer.
Examples—part of a bicycle
basket, pannier bags
Example—not part of a bicycle
a flag or stick, whether or not flexible, attached to the bicycle, that projects sideways from the bicycle
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
38B Exceptions for passing bicycle rider
(1) The driver of a motor vehicle passing the rider of a bicycle that is travelling in the same direction as the driver may make a permitted manoeuvre to pass the rider if—
(a) the driver has a clear view of any approaching traffic; and
(b) the permitted manoeuvre is necessary to comply with section 38A; and
(c) the driver can do so safely.
(2) In this section:
"permitted manoeuvre" means—
(a) if the driver is driving on a two-way road without a dividing line or median strip—drive to the right of the centre of the road; or
(b) if the driver is driving on a road with a dividing line—drive to the right of the dividing line; or
(c) drive on a dividing strip that is at the same level as the road; or
(d) drive on or over a single continuous line; or
(e) drive on or over 2 parallel lines; or
(f) drive along a side, or surrounding, of a painted island.
Note See the Australian Road Rules
, r 46 or r 48 for the requirement to give left or right change of direction signal.
38C Riding across road on crossing
(1) The rider of a bicycle may ride across a road, or part of a road, on the following (a crossing ) if the rider complies with this section:
(a) a children's crossing; or
(b) a marked foot crossing; or
(c) a pedestrian crossing.
(2) The rider of the bicycle may only ride across a road, or part of a road, on a crossing if—
(a) the rider approaches the crossing no faster than 10km/h; and
(b) before riding on the crossing, the rider looks for approaching traffic and is prepared to stop; and
(c) the rider rides no faster than 10km/h on the crossing; and
(d) the rider gives way to pedestrians on the crossing; and
(e) the rider keeps to the left of any oncoming bicycle or pedestrian; and
(f) on a marked foot crossing with bicycle crossing lights—the crossing is showing a green bicycle crossing light; and
(g) on a marked foot crossing without bicycle crossing lights—the crossing is showing a green pedestrian crossing light.
Maximum penalty: 20 penalty units.
Note See the Australian Road Rules
, r 260 and r 262 for the circumstances in which a rider of a bicycle is allowed to cross a road at bicycle crossing lights.
38D Application of ARRs to riders crossing road on crossing
(1) The Australian Road Rules
, rule 65 (Giving way at a marked foot crossing (except at an intersection) with a flashing yellow traffic light) applies as if a reference to a pedestrian on the crossing also includes a reference to a rider of a bicycle on the crossing.
(2) The Australian Road Rules
, rule 80 (Stopping at a children's crossing) applies as if a reference to a pedestrian on the crossing also includes a reference to a rider of a bicycle on the crossing.
(3) The Australian Road Rules
, rule 81 (Giving way at a pedestrian crossing) applies as if a reference to a pedestrian on the crossing also includes a reference to a rider of a bicycle on the crossing.
(4) The Australian Road Rules
, rule 262 (Proceeding when bicycle crossing lights change to yellow or red) applies to a rider of a bicycle crossing a marked foot crossing without bicycle lights when the crossing shows a green pedestrian crossing light as if a reference to a bicycle crossing light were a reference to a pedestrian crossing light.
(5) The Australian Road Rules
, rule 248 (No riding across a road on a crossing) does not apply.