The Law Handbook 2024

Chapter 6.9: Road law for cyclists, skaters and scooter riders 667 newsroom/2020/09/24/east-melbourne-protected- intersection-completed/. Bicycle paths Bicycle paths are separate, usually off-road paths reserved for cyclists and riders of electric scooters; they are marked by a ‘bicycle only’ sign (RR 239(4)). Cyclists and riders of electric scooters using a bicycle path must keep to the left of any oncoming riders on the path (RR 251; 3 pu). This also applies to cyclists and riders of electric scooters using shared paths and separated footpaths. Bicycle carriers The registered operator of a vehicle must ensure that each number plate issued for the vehicle is permanently fixed to the vehicle and maintained (reg 63 Vehicles Regulations). Number plates must be clearly visible up to 20 metres away (reg 63(1) (d)). It is an offence to use the vehicle on a highway without its number plates (reg 65; 10 pu). If your vehicle is fitted with a bicycle carrier that is obscuring the number plate, you can attach your rear number plate to the bicycle carrier (reg 63(7)) so that it is visible. Alternatively, number plates for bicycle carriers are available from VicRoads (www. vicroads.vic.gov.au) . Serious traffic offences The RS Act provides that cyclists can be charged with serious traffic offences similar to those that apply to drivers of motor vehicles. The offences apply to all drivers of non-motorised vehicles, not just cyclists, and the penalties for these offences are approximately half that of the penalties applying to corresponding offences for drivers of motor vehicles, reflecting the fact that cars tend to cause significantly more damage to people and property. Serious traffic offences are: • failure to stop , render assistance, exchange details or report to police following an accident if a person is injured or property (including any animal) damaged (s 61A RS Act; various penalties depending on whether anyone was killed or seriously injured; up to a maximum of five years’ imprisonment and 600 pu); • dangerous driving and riding : the RS Act (s 64(2A)) states that a person must not drive a vehicle, or ride a bicycle, at a speed or in a manner that is dangerous to the public, having regard to all the circumstances of the case (120 pu or 12 months imprisonment or both); examples of dangerous riding include riding too fast for the conditions and not looking out for pedestrians; and • careless driving and riding : the RS Act (s 65(2)) states that a person must not drive a vehicle, or ride a bicycle, carelessly on a highway (6 pu (first offence) and 12 pu (subsequent offence)). Drunk riding The relevant provisions of the RS Act relating to drink- driving refer to motor vehicles and, accordingly, do not apply to cyclists – as such, cyclists cannot lose their driver licence or earn demerit points for riding while under the influence of alcohol. As mentioned earlier, consuming alcohol while riding an electric scooter is an offence (RR 262I; 5pu). Road laws for skaters General The Road Rules relating to pedestrians are set out in Part 14 of the RS Act; included within that part are specific divisions relating to persons travelling in or on wheeled recreational devices and wheeled toys (div 2) and on electric personal transporters (div 3). There is a section (RR 240–244B) in the Road Rules specifically for wheeled recreational devices. Skateboards, scooters, and in-line and other rollerskates are all included in the definition of a ‘wheeled recreation device’ (see ‘Wheeled recreation devices’, above). Users of these items (generally termed ‘skaters’ in this section) are usually considered to be pedestrians and not riders or drivers. Accordingly, the majority of the Road Rules already discussed in this chapter do not apply. For example, there is no requirement for skaters to wear protective headgear. However, when it comes to riding scooters on a road or road-related area, scooter riders must wear protective helmets, unless they have a VicRoads certificate. The scooter must also have a brake, warning device and, when travelling at night or in