The Law Handbook 2024

Chapter 6.9: Road law for cyclists, skaters and scooter riders 665 earlier, riders of electric scooters must not ride next to each other unless overtaking. Overtaking A cyclist or a rider of an electric scooter is permitted to pass or overtake a motor vehicle on the left or right, except where the vehicle is turning left or right and has their indicator on (RR 141(2), 142(2); 3 pu). This means it is lawful for a cyclist or a rider of an electric scooter to progress to an intersection by passing on the left side of a stationary line of cars. Such riders must not overtake a vehicle on the right if it is doing a U-turn from the centre of the road and is indicating right. When passing or overtaking, all drivers (including cyclists) must leave a ‘sufficient distance to avoid a collision or obstruct the path of the vehicle being passed’ (RR 144). ‘Sufficient distance’ is not defined for the purpose of this rule. However, see ‘Minimum passing distances between motor vehicles and bicycles’, below. Minimum passing distances between motor vehicles and bicycles and electric scooters After a very long campaign, Victoria has finally mandated minimum distances for motor vehicle drivers when passing bicycles on the right side (RR 144A; 10 pu). A motor vehicle driver passing a bicycle or electric scooter on the right side (if they are both travelling in the same direction) must only do so at a ‘sufficient distance’ from the rider. A ‘sufficient distance from the bicycle’ is defined in Road Rule 144A(3) to be: • at least 1 metre distance when vehicles are overtaking bicycles on roads with maximum speed limits of 60 kilometres per hour or less (or 50 kilometres per hour or less for electric scooters); and • at least 1.5 metres distance when vehicles are overtaking bicycles on roads with maximum speeds of over 60 kilometres per hour. If a driver cannot pass a bicycle or electric scooter safely, they must slow down and wait for the next safe opportunity to do so. Road Rule 144A(2) makes it legal for drivers to comply with this law by, for example, permitting drivers to cross a continuous dividing line, two parallel dividing lines, a dividing strip (that is the same level as the road) or to cross into a tram lane. Several of the Road Rules (including RR 132, 137, 138, 144, 146, 151B and 155) have been adjusted to allow for Road Rule 144A. Crossings If cyclists or riders of electric scooters want to cross the road using a pedestrian or children’s crossing, they must get off and walk across the road, unless there are bicycle crossing lights (RR 248(2); 3 pu; see also RR 260–262). Where a crossing is a dedicated bicycle crossing, a driver must not stop on the crossing or within 10 metres before the traffic lights, and within 3 metres after the traffic lights (RR 174). Causing a traffic hazard Cyclists and riders of electric scooters are not permit- ted to cause a traffic hazard by moving into the path of a driver or pedestrian (RR 253; 1 pu). Cyclists and riders of electric scooters must not be towed by another vehicle or hold onto a moving vehicle (RR 254; 5 pu). Cyclists and riders of electric scooters must not ride within two metres of the rear of a moving vehicle for more than 200 metres (RR 255; 3 pu). Riding on paths and in bicycle lanes Footpaths The RR dictionary defines a ‘footpath’ as ‘an area open to the public that is designated for, or has as one of its main uses, use by pedestrians’. You are prohibited from riding on a footpath if you are 13 years of age or older (RR 250(1); 3 pu), unless you: • are accompanying and supervising a child under 13 years old who is riding on the footpath; • are carrying a child in a bicycle baby seat or on a single- or two-wheeled bicycle attachment with pedals that is attached to your bicycle; • have a disability or medical condition that means it’s difficult for you to ride on the road (and you are carrying a valid medical certificate), or you are accompanying and supervising such a person; or • are a postal worker doing your job (RR 250(1A)). When riding on a footpath, you must keep to the left (if it is practicable to do so), and you must give way to pedestrians (RR 250(2); 3 pu).