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Road Safety Road Rules 2009
(Overtaking Bicycles) Bill 2014
Introduction Print
EXPLANATORY MEMORANDUM
General
The Bill seeks to amend the Road Safety Road Rules 2009 (the "Road
Rules") in order to require motor vehicle drivers and motor bike riders to
maintain at least a prescribed distance when overtaking bicycles on a road.
Clause Notes
Clause 1 outlines the purpose of the amending Bill.
Clause 2 provides that the Bill will come into force on a day to be
proclaimed, or on 1 January 2015 if it is not proclaimed before
that date.
Clause 3 amends the heading of rule 139 to reflect the proposed changes to
rule 139.
Amends rule 139 so that drivers overtaking bicycle riders may
move to the right in the same way they would if they were
avoiding an obstruction on the road.
Clause 4 adds a new rule 144(2), which prescribes that when a driver or
motor bike rider is overtaking a person who is riding a bicycle, a
"sufficient distance" for the purposes of existing rule 144 is a
lateral distance of--
· at least 1m, in the case of roads with a speed limit of
60 km per hour or less; or
571PM21 1 BILL LC INTRODUCTION 11/6/2014
· at least 15m, in the case of roads with a speed limit of
greater than 60 km per hour--
measured from the furthest right hand side of the bicycle to the
left hand side of any part of the vehicle or motor bike.
A bicycle rider overtaking another bicycle must leave a safe
distance in the circumstances.
Clause 5 amends rule 146 with the effect that drivers overtaking bicycles
may move out of their marked lane in the same way they would if
they were avoiding an obstruction on the road.
Amends rule 147 with the effect that drivers overtaking bicycles
may move from one marked lane to another marked lane by
crossing a continuous line separating the lanes in the same way
they would if they were avoiding an obstruction on the road.
Amends rule 150(1A) with the effect that drivers overtaking
bicycles may drive on or over a continuous white edge line on a
road in the same way they would if they were avoiding an
obstruction on the road.
Clause 6 provides that the amendments to the Road Safety Road Rules
by this Act have the same effect as if they were made under
section 95D of the Road Safety Act 1986. This has the effect of
providing that they may be altered or repealed in the same way as
other rules.
Clause 7 repeals the Act on the first anniversary of its commencement.
The repeal of this Act does not affect the continuing operation of
the amendments made by this Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
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