Victorian Consolidated Regulations

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ROAD SAFETY ROAD RULES 2017 - REG 288

Driving on a path

    (1)     A driver (except the rider of a bicycle) must not drive on a path, unless subrule (2) or (3) applies to the driver.

Penalty:     3 penalty units.

Note

Bicycle is defined in the dictionary. Path is defined in subrule (6).

    (2)     A driver may drive on a path if the driver is—

        (a)     driving on a part of the path indicated by information on or with a traffic control device as a part where vehicles may drive; or

        (b)     driving on the path to enter or leave, by the shortest practicable route, a road related area or adjacent land and there is not a part of the path indicated by information on or with a traffic control device as a part where vehicles may drive.

Note

"Adjacent land", traffic control device and with are defined in the dictionary. Road related area is defined in rule 13.

    (3)     A driver may drive a motorised wheelchair on a path if—

        (a)     the unladen mass of the wheelchair is not over 110 kilograms; and

        (b)     the wheelchair is not travelling over 10 kilometres per hour; and

Rule 288(3)(c) substituted by S.R. No. 121/2020 rule 11.

        (c)     the driver has a reasonable need to use a wheelchair—

              (i)     because of the driver's physical condition; or

              (ii)     for the purpose of training under the instruction or supervision of a registered health practitioner.

Note

Wheelchair is defined in the dictionary.

    (4)     A driver on a path (except the rider of a bicycle, or a driver driving on the path to enter a road from a road related area or adjacent land, or to enter a road related area or adjacent land from a road) must give way to all other road users, and to animals, on the path.

Penalty:     5 penalty units.

Notes

1     "Road user" is defined in rule 14.

2     For this subrule, "give way" means the driver must slow down and, if necessary, stop to avoid a collision—see the definition in the dictionary.

3     Rules 74 and 75 deal with drivers giving way when crossing a footpath or other path to enter or leave a road related area or adjacent land.

4     Rules 249 to 251 deal with bicycle riders riding on footpaths, separated paths and shared paths.

    (5)     Subrule (1) does not apply to the rider of an animal riding the animal on a footpath.

Notes

1     Footpath is defined in the dictionary.

2     The rider of an animal on a footpath must give way
to a pedestrian on the path—see rule 302.

    (5A)     Subrule (1) does not apply to the rider of a motor bike (with or without a trailer attached) that is a postal vehicle if—

        (a)     the rider gives way to pedestrians and other vehicles and takes reasonable precautions to avoid collision or danger or obstruction to any person or thing on or next to the path; and

        (b)     the rider does not exceed 10 kilometres per hour; and

        (c)     the motor bike has an engine capacity not exceeding 125 cc.

Note

Motor bike and postal vehicle are defined in the dictionary.

    (6)     In this rule—

"path" means a bicycle path, footpath or shared path.

Note

Bicycle path is defined in rule 239. Footpath is defined in the dictionary. Shared path is defined in rule 242.

Rule 288(7) amended by S.R. No. 153/2019 rule 4(Sch.  1 item 16).

    (7)     Subrule (1) does not apply to the driver of a vehicle acting in accordance with an exemption from the application of that subrule granted by the Secretary under subrule (8).

Rule 288(8) amended by S.R. No. 153/2019 rule 4(Sch.  1 item 16).

    (8)     The Secretary may exempt a driver of a vehicle or class of vehicles from the requirements of subrule (1) subject to any conditions the Secretary thinks fit.



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