The Law Handbook 2024

666 Section 6: Houses, communities and the road Shared paths A shared path is an area open to the public that is used by both cyclists and pedestrians. Typically, a shared path is a section of path that has signage showing both a pedestrian and a bicycle (RR 242). When riding on a shared path, cyclists and riders of electric scooters must keep to the left (unless it is impracticable to do so) and must give way to pedestrians (except when the pedestrian is travelling in an electric personal transporter (RR 250(2); 3 pu)). Cyclists should use their bells to signal their approach to pedestrians. Separated footpaths A separated footpath is a path divided in two: one side is reserved for cyclists and the other side is for pedestrians (RR 239(4)). Pedestrians and cyclists must keep to their designated lane (RR 239(1); 2 pu). Exceptions for pedestrians are: • if a pedestrian is crossing a path, undue delay in crossing the path is not permitted (RR 239(1)); or • if a pedestrian is on rollerblades, rollerskates or a similar ‘wheeled recreation device’ (e.g. a skateboard or scooter) or is in or pushing a wheelchair (RR 239(2)). Bicycle lanes Bicycle lanes are on-road lanes reserved for cyclists; these lanes are identified with a white bicycle symbol and the word ‘lane’ marked on the road or through signage. If there is a bicycle lane (see RR 153(4)), a cyclistmust ride in that lane, unless it is ‘impracticable to do so’ (e.g. it’s blocked) (RR 247; 3 pu). Bicycles and electric scooters can ride in bus lanes (RR 154). Motor vehicle drivers are not permitted to drive in the bicycle lane (RR 153(1); 5 pu) except for up to 50 metres if they are: • about to stop or park (provided stopping or parking is not prohibited at that place) (RR 153(2)); • driving a bus or taxi and setting down or picking up passengers (RR 153(3)); • entering or leaving the road (RR 158(1)(a)); • entering a part of the road of one kind from a part of the road of another kind (e.g. moving to or from a service road) (RR 158(1)(b)); • overtaking a vehicle turning right or doing a U-turn (RR 158(1)(c)); • entering a marked lane or a line of traffic from the side of the road (RR 158(1)(d)); or • stopping at a place in the lane (RR 158(3)). It is also permitted for a motor vehicle driver to drive in a bicycle lane, for an unrestricted distance, to avoid an obstruction (RR 158(2)(a)). Protected intersections Victoria’s first ‘protected intersection’ has been installed at the crossing of Albert and Lansdowne Streets in East Melbourne. The new intersection design is intended to better protect cyclists progressing through the intersection from vehicles that are turning left. The added protection comes in the form of ‘jelly bean’ shaped traffic islands that force the turning vehicles to progress further into the intersection before commencing the left-hand turn, ostensibly to limit the tendency of vehicles to ‘cut the corner’ in a way that places cyclists in the vehicles’ blind spot. The design of the intersection is meant to increase safety by tightening the turning circle of left-hand turning vehicles, which will require vehicles to travel at slower speeds, and to improve sightlines between drivers and riders. Cyclists turning right in this intersection will essentially complete a ‘hook turn’ by following the green-painted lanes that take them through the intersection. The physical changes to the intersection will be accompanied by an ‘early start’ in the traffic light signals that apply to cyclists to enable them to commence crossing the intersection ahead of the other vehicles. It is not clear yet whether this new configuration will require any adjustments to the Road Rules. For example, will a cyclist using the new lane be able to turn left at any time with caution by treating the lane as a ‘slip lane’, or will they be required to wait until the traffic signal they are facing is green? Also, as noted above under Road Rule 141(2), a cyclist or a rider of an electric scooter may lawfully ‘overtake’ to the right of a left-hand turning vehicle when proceeding through an intersection. With the creation of the ‘jelly bean’ islands, the ability to complete such a manoeuvre may be very limited, requiring the cyclist instead to fully stop and give way to the left-hand turning vehicle due to a lack of space to proceed under Road Rule 142(2). For more information about this new road set up, see ww.bicyclenetwork.com.au/