Victorian Numbered Regulations

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ROAD SAFETY ROAD RULES 2009 (SR NO 94 OF 2009) - 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, and 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; or

        (c)     engaged in the delivery of postal articles for or on behalf of Australia Post and—

              (i)     gives way to all pedestrians; and

              (ii)     takes adequate precautions to avoid collision with or danger or obstruction to any person or thing on or adjacent to the path; and

              (iii)     the vehicle is a bicycle or a motor cycle with an engine capacity not exceeding 110 cc; and

              (iv)     the vehicle does not exceed a speed of 10 kilometres per hour while ridden on a path; and

              (v)     the vehicle is not ridden on a path within 5 metres of a shop, elderly citizens' or disabled persons' centre or a kindergarten or centre for pre-school children.

Note

"Adjacent land", bicycle , traffic control device and with are defined in the dictionary, motor cycle is defined in the Road Safety Act 1986 , and 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

        (c)     because of the driver's physical condition, the driver has a reasonable need to use a wheelchair.

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.

    (6)     In this rule—

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

Note

Bicycle path and separated footpath are defined in rule 239, footpath is defined in the dictionary and shared path is defined in rule 242.

    (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 Corporation under subrule (8).

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



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