The Law Handbook 2024

Chapter 6.9: Road law for cyclists, skaters and scooter riders 663 road or a road-related area, you must also wear an approved bicycle helmet (RR 244B(1)). ‘Approved bicycle helmets’ are those approved by the Department of Transport (under RR 407(f)) and published in the Government Gazette. Your helmet must meet Australian safety standard AS/ NZS2063:2008. In exceptional circumstances, a medical practitioner ‘may issue a certificate stating that, because of a disability or medical condition, it is impractical, undesirable or inexpedient that the person named in the certificate wear a bicycle helmet while riding on a bicycle or electric scooter, or being taken as a passenger on a bicycle’ (RR 256(4)) or travelling on a scooter (RR 244B(2)). An automatic exemption exists if: • the rider is a member of a religious group and is wearing a type of headdress customarily worn by members of that group; and • the wearing of the headdress makes it impractical to wear a bicycle helmet (RR 244B(3A), 256(6)). A person who has been issued such a certificate must have it in their possession when riding and produce it when requested to do so by a police officer or authorised person (i.e. a person with written authorisation from the Department of Transport and Planning) (RR 244B(3), 256(6)). A paying passenger being carried on a three- wheeled or four-wheeled bicycle does not have to wear a helmet (RR 256(2)(a)). How a bicycle should be ridden When you are riding your bicycle, you must be astride the rider’s seat and be facing forwards (unless the bicycle is not built to be ridden astride), with at least one hand on the handlebars (RR 245(a) and (b); 3 pu). If the bike has a seat, it must not be ridden seated in any other position on the bike (eg, on the pack-rack) (RR 245(c); 3 pu). Passengers You must not carry more passengers than the bicycle is designed to carry. Accordingly, ‘dinking’ is against the law (but a child in a child-seat is permitted). Passengers can only sit on your bicycle if they are in a seat designed for a passenger (RR 246; 3 pu). You can tow a bicycle trailer with a passenger in or on it if: • you are at least 16 years old; • the passenger is under 10 years old (or older if the person holds a valid, signed medical certificate); • the bicycle can safely carry the person; and • the passenger is wearing a helmet (unless exempt; see ‘Helmets’, earlier) (RR 257). Mobile phones When riding a bicycle, an electric scooter, or a wheeled recreation device, you must not operate a mobile phone or other device (including a wearable device) while the vehicle is moving or stationary but not parked, unless the phone is secured in a fixed mounting, is ‘hands-free’, and is only used for specified activities including calls, listening to music, adjusting volumes, or GPS navigation (RR 304L, 304M; 10 pu). Those using a bicycle for work purposes (e.g. bike couriers) may lawfully perform ‘professional driving tasks’ on a device while riding, such as accepting or rejecting a job (e.g. a new delivery instruction) or gathering information (e.g. gathering information about upcoming assignments) but not if it includes entering information or scrolling (RR304L). Any other use of the phone – including holding the phone, resting it in your lap or clothes, entering something into the phone (e.g. typing or scrolling), sending or looking at anything on the phone, or turning it off or on – is unlawful (eg RR 304M and 304N). These rules also apply when you are ‘stationary but not parked’ on your bicycle or electric scooter. This includes being stationary in a marked lane, bicycle lane, bicycle storage area or in a line of traffic on a road (e.g. pausing at traffic lights). Walking the dog while riding your bicycle It is illegal to have your dog on a lead while you ride your bicycle or electric scooter (RR 301(3), (4); 3 pu). Riding in traffic Keeping left and safe distances When riding on the road, you must ride as close as practicable to the left side of the road (RR 129; 3 pu). Keep a safe distance between you and any traffic in front of you and make sure you have enough space to stop safely. There must be at least two metres between your bicycle or electric scooter and the rear of the vehicle in front (RR 255; 3 pu).