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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Road Traffic (Overtaking Bicycles) Amendment
Bill 2013
A BILL FOR
An Act to amend the Road
Traffic Act 1961.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Road Traffic
Act 1961
4Insertion of section
92
92Overtaking or passing
bicycles
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Road Traffic (Overtaking Bicycles)
Amendment Act 2013.
This Act will come into operation 2 months after the day on which it
is assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Road Traffic
Act 1961
After section 91 insert:
92—Overtaking or passing
bicycles
(1) A driver of a motor
vehicle must, while overtaking or passing a person who is riding a bicycle,
ensure that at least the prescribed minimum distance is maintained at all times
between the motor vehicle and the bicycle.
(2) The driver of a motor vehicle who is overtaking or passing the rider
of a bicycle in accordance with
subsection (1) may,
for that purpose—
(a) drive to the right of a dividing line or the centre of the road in
accordance with rule 139 of the Australian
Road Rules; or
(b) drive in more than 1 marked lane or line of traffic (provided
that in moving to do so he or she gives way in accordance with rule 148 of
the Australian
Road Rules as if moving from 1 marked lane or line of traffic to
another); or
(c) cross a continuous line separating marked lanes as if rule 147 of
the Australian
Road Rules applied.
(3) In this section—
(a) centre of the road, dividing line,
give way, line of traffic, marked lane
and overtake have the same respective meanings as in the Australian
Road Rules;
passing, in relation to the driver of a motor vehicle passing
the rider of a bicycle, does not include passing a rider who is travelling in
the opposite direction to that in which the driver is travelling;
prescribed minimum distance, in relation to the driver of a
motor vehicle overtaking or passing the rider of a bicycle, means
—
(i) if the speed limit applicable to the driver of the motor vehicle for
the length of road on which the driver is driving does not exceed
60 kilometres per hour—1 metre;
(ii) if the speed limit does exceed 60 kilometres per
hour—1.5 metres,
where the distance is measured horizontally between the extremities of the
motor vehicle and bicycle extended in a vertical plane;
(b) a reference to a motor vehicle or bicycle includes a reference to the
following:
(i) the whole of the motor vehicle or bicycle, including the driver or
rider and any passenger, equipment, load or attachment;
(ii) the whole of any vehicle being towed by the motor vehicle or bicycle,
including any passenger, equipment, load or attachment;
(c) a reference to the Australian
Road Rules is a reference to the rules as in force at the time this
section comes into operation.