Victorian Consolidated Regulations

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ROAD SAFETY ROAD RULES 2017 - REG 239

Pedestrians on a bicycle path or separated footpath

Rule 239(1) amended by S.R. No. 135/2021 rule 66(1).

    (1)     A pedestrian must not be on a bicycle path, or a part of a separated footpath designated for the use of bicycles and electric scooters, unless the pedestrian

        (a)     is crossing the bicycle path or separated footpath by the shortest safe route; and

        (b)     does not stay on the bicycle path or separated footpath for longer than necessary to cross the bicycle path or separated footpath safely.

Penalty:     2 penalty units.

Notes

Note 1 to rule 239(1) amended by S.R. No. 135/2021 rule 66(2)(a).

1     Bicycle and electric scooter are defined in the dictionary. Bicycle path and separated footpath are defined in subrule (4).

Note 2 to rule 239(1) amended by S.R. No. 135/2021 rule 66(2)(b).

2     Rule 336 deals with how parts of a separated footpath are designated for riders of bicycles and electric scooters and pedestrians.

Rule 239(2) amended by S.R. No. 135/2021 rule 66(3).

    (2)     However, a pedestrian may be on a bicycle path, or a part of a separated footpath designated for the use of bicycles and electric scooters, if—

        (a)     the pedestrian is—

              (i)     in or pushing a wheelchair; or

              (ii)     on rollerblades, rollerskates or a similar wheeled recreational device; and

Rule 239(2)(b) amended by S.R. No. 135/2021 rule 66(3).

        (b)     there is no traffic control device, or information on or with a traffic control device, applying to the bicycle path or separated footpath that indicates that the pedestrian is not permitted to be on the bicycle path or the part of the separated footpath designated for the use of bicycles and electric scooters.

Notes

1     Electric personal transporter , traffic control device", " wheelchair , wheeled recreational device and with are defined in the dictionary.

Note 2 to rule 239(2) amended by S.R. No. 135/2021 rule 66(4).

2     Rule 243(2) provides that a person travelling on rollerblades, rollerskates, or a similar wheeled recreational device, on a bicycle path, or a part of a separated footpath designated for the use of bicycles and electric scooters, must keep out of the path of any bicycle or electric scooter.

Note 3 to rule 239(2) amended by S.R. No. 135/2021 rule 66(5).

3     Rule 244J(3) provides that a person travelling on an electric personal transporter on a bicycle path must keep out of the path of any bicycle or electric scooter.

(2A)     Also, a pedestrian may be on a bicycle path if—

(a)     the pedestrian is a person travelling on an electric personal transporter; and

(b)     there is no traffic control device, or information on or with a traffic control device, applying to the bicycle path that indicates that a person travelling on an electric personal transporter is not permitted to be on the bicycle path.    

Rule 239(3) amended by S.R. No. 135/2021 rule 66(6).

    (3)     A pedestrian who is crossing a bicycle path, or a part of a separated footpath designated for the use of bicycles and electric scooters, must keep out of the path of any bicycle or electric scooter, or any pedestrian who is permitted under subrule (2) to be on the bicycle path, or the part of the separated footpath designated for the use of bicycles and electric scooters.

Penalty:     2 penalty units.

    (4)     In these Rules—

"bicycle path" means a length of path beginning at a  bicycle path sign or bicycle path road marking, and ending at the nearest of the following—

        (a)     an end bicycle path sign or end bicycle path road marking;

        (b)     a separated footpath sign or separated footpath road marking;

        (c)     a road (except a road related area);

        (d)     the end of the path;

Note

"Road related area" is defined in rule 13.

"bicycle path road marking "means a road marking on a path, consisting of a bicycle symbol, the words "bicycles only", or both the bicycle symbol and the word "only";

Note

"Bicycle symbol" is defined in the dictionary.

"end bicycle path road marking" means a bicycle path road marking with the word "end";

"end separated footpath road marking" means a separated footpath road marking with the word "end";

Rule 239(4) def. of separated footpath amended by S.R. No. 135/2021 rule 66(7).

"separated footpath" means a length of footpath beginning at a separated footpath sign or separated footpath road marking, and ending at the nearest of the following—

        (a)     an end separated footpath sign or end separated footpath road marking;

        (b)     a bicycle path sign or bicycle path road marking;

        (c)     a no bicycles sign or no bicycles road marking;

        (d)     a road (except a road related area);

        (e)     the end of the footpath;

Notes

1     Footpath and no bicycles road marking are defined in the dictionary.

2     Rule 249 describes how a rider of an electric scooter must ride on a separated footpath.

separated footpath road marking means a road marking on a footpath consisting of a pedestrian symbol and a bicycle symbol side by side, with or without the word "only".

Note

Pedestrian symbol is defined in the dictionary.

Bicycle path sign

End bicycle path sign

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Separated footpath sign

End separated footpath sign

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No bicycles sign

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Notes for diagrams

1     There is another permitted version of a bicycle path sign and end bicycle path sign , and another permitted version of a separated footpath sign and an end separated footpath sign —see the diagrams in Schedule 3.

2     A separated footpath sign may have the pedestrian symbol and the bicycle symbol reversed—see rule 316(4).

Division 2—Rules for persons travelling in or on wheeled recreational devices and wheeled toys

Notes

1     For these Rules, a person in or on a wheeled recreational device or wheeled toy is a pedestrian, not a rider—see rule 18(d). This Division contains rules that apply only to persons travelling in or on wheeled recreational devices and wheeled toys.

2     Wheeled recreational device and wheeled toy are defined in the dictionary.

3     Rules that apply to users of wheeled recreational devices also apply to users of motorised scooters—see the definitions of "wheeled recreational device" and scooter in the dictionary.

Note 4 to
Pt 14 Div. 2 inserted by S.R. No. 135/2021 rule 67.

4     An electric scooter is not a wheeled recreational device. Electric scooter is defined in the dictionary.



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