The Law Handbook 2024

662 Section 6: Houses, communities and the road Wheeled recreation devices The definition of a ‘wheeled recreation device’ is: [a] wheeled device, built to transport a person, propelled by human power or gravity (or in the case of a scooter, propelled by a person pushing one foot against the ground, or by an electric motor or motors, or by a combination of these) and ordinarily used for recreation or play. Wheeled recreation devices include rollerblades, rollerskates, skateboards, scooters (other than electric scooters) that are not motor vehicles, and similar wheeled devices. Wheeled recreation devices do not include golf buggies, prams, strollers, trolleys, bicycles, electric personal transporters, wheelchairs, wheeled toys, or scooters (including electric scooters) that are motor vehicles. People riding wheeled recreation devices are considered to be pedestrians (RR 18). For some rules relating to pedestrians, see ‘Riding on paths and in bicycle lanes’, below. The riders of scooters, although considered to be riding wheeled recreation devices, have been singled out for greater regulation. Cyclists A ‘cyclist’ is not defined in the Road Rules but is included within the definition of ‘rider’: a ‘person who is riding a motorbike, bicycle, electric scooter, animal or animal-drawn vehicle’ (RR 17(1)). This does not include a passenger or a person walking beside and pushing a bicycle (RR 17(2)). Riders and riding Road Rule 19 states that all references to ‘driver’ and ‘driving’ in the Road Rules include a reference to ‘rider’ and ‘riding’, unless otherwise stated. Therefore, cyclists are subject to the general Road Rules that govern all traffic on the road and, in particular, to the rules governing speed limits, pedestrians and traffic control devices (e.g. signs and signals). Several rules dealing specifically with bicycles and their riders are set out in Part 15 of the Road Rules. Roads and road-related areas The Road Rules apply to vehicles and road users on roads and road-related areas (RR 11). However, these terms are quite broadly defined. ‘ Road user ’ is defined to include a rider (RR 14). The definition of a ‘ road ’ (RR 12) is: an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles [or any area declared under the RS Act]. The ‘road’ does not include the ‘ shoulder ’ (RR 12(3)), which is: an area (not being part of the road) adjoining the road that is open to or used by the public for driving, riding or parking motor vehicles and to which a parking control sign does not apply. A ‘ road-related area ’ includes footpaths, nature strips and areas that divide roads. Road-related areas also include areas that, while not roads, are open to the public and are designated for use by cyclists or animals, or are used by the public for driving, riding or parking motor vehicles (RR 13). Rules specific to riders of bicycles and electric scooters Road Rules Roadworthy bicycles and electric scooters All bicycles (including e-bikes) and electric scooters must have at least one working brake and a ‘bell, horn, or similar warning device, in working order’ (RR 258; 5 pu). If you ride at night or in hazardous weather conditions, you must have attached to your bicycle or electric scooter: 1 a flashing or steady white light on the front that is clearly visible from 200 metres in front; 2 a flashing or steady red light on the back that is clearly visible from 200 metres behind; and 3 a red reflector on the back that is clearly visible from 50 metres behind (RR 259; 5 pu). Helmets When you are riding a bicycle or electric scooter, you must wear a properly fitting and fastened helmet unless you are riding on private property (RR 256; 5 pu). A helmet must also be worn by any lawful passenger on a bicycle (including children sitting in attached seats). If you are riding a scooter on a