Cycling and the law

As riding a bicycle continues to grow in popularity, so does the need to inform those thousands of riders about their rights and responsibilities on paths and roadways.

Having a sound knowledge of the following laws should make the experience of cycling even more enjoyable.

New laws affecting cycling The adoption of nationally uniform traffic laws in WA (The Australian Road Rules), has seen the introduction of several new legal requirements for bicycle riders in Western Australia. These include: Hook turns at intersections A hook turn is a method of turning right at an intersection and is an option to the normal turning manoeuvre. To perform a hook turn, approach the intersection on the far left then travel through to the far left of the road you wish to enter. Turn your bicycle in the direction of the crossroad. Wait until all traffic has cleared and then complete your 'right turn' by riding straight ahead. Riders are permitted to do hook turns at any intersection unless a no hook turn by bicycles sign has been erected. Note: this rule came into effect on 1 June 2001. Riders performing a hook turn are not required to signal.

Shared Paths and Footpaths

There are some special rules for the use of shared paths (formerly called dual-use paths) and footpaths in Western Australia.

Children under 12 years of age may ride on any footpath unless a no bicycles sign has been erected. Riders 12 years of age and over are not permitted to ride on a footpath. Riders must keep left on shared paths and footpaths unless overtaking. Riders must give way to pedestrians at all times. Note: pedestrians include people walking, using motorised and non-motorised wheelchairs, and people on rollerblades and skates. At path intersections you must signal your intention to turn, and give way to motor vehicles entering or exiting an intersecting road. Riders must only travel in single file on all paths, though they can travel two abreast on a road. A power-assisted bicycle must not use a path when the power assistance is engaged. Under the Road Traffic Code, it is an offence to speed. The Code also requires that you do not ride carelessly or recklessly. Animals must not be tied to a moving bike.

back to top Advance stop lines at intersections Several traffic-signal controlled intersections in the Perth metropolitan area now have an ‘advance stop line’ facility for cyclists who want to make a right hand turn. Use of these facilities is optional. They consist of an area where riders can wait in front of the line of motorised traffic. The waiting area and approaching sealed shoulder are coloured green, with white bike symbols. A cyclist choosing to use the advance stop lines for a right hand turn should approach the intersection by riding on the sealed shoulder. The cyclist should wait in the shoulder for a red signal then cross in front of the line of stationary cars, to the spot indicated (see diagram). When a green light and/or green arrow is displayed, the cyclist can turn right. A special push-button enables cyclists to activate the green turn arrow when no other vehicles are present.

back to top

Roundabouts

Signalling requirements at roundabouts have changed for all vehicles. The new rules also give bicycle riders an additional method of turning right or performing a U-turn.

Turning left Approach in the left lane. Signal left on the approach and continue to signal until the roundabout is exited.

Going straight through Approach in either lane. Do not signal on approach. Stay in the same lane all the way through. Signal left just prior to the exit (if practicable).

U-Turning

• Same rules apply as for a right hand turn. Cyclists choosing the left lane should do two hook turns.

back to top

Roads with bicycle lanes

Wherever a bicycle lane is provided as part of a road and is in a reasonable condition for use, the rider must use that lane and not the remainder of the road surface.

Using designated crossing points

The rider of a bicycle must not ride across a road by using a children's crossing, a pedestrian crossing or a marked foot crossing. A rider wishing to cross at these points must walk the bicycle across.

Some controlled crossing points (where a shared path meets a road) will have special bicycle crossing lights indicating that it is permissible to ride across when those lights are green. When the light is red, cyclists must stop before reaching the bicycle crossing lights.

Causing an obstruction

The rider of a bicycle shall not unreasonably obstruct or prevent free passage of a vehicle or pedestrian upon a path or road. Similarly, vehicles and pedestrians shall not unreasonably obstruct cyclists.

back to top

EXISTING LAWS AFFECTING CYCLING

In addition to the new rules that affect bicycle riders, there are a number of long-standing regulations that continue to be in force.

The bicycle

Introduction

A bicycle is a legal road vehicle provided it is suitably constructed and equipped. In Western Australia, it does not have to be formally registered by licensing authorities in order to use public roads.

Definition

Any two or more wheeled vehicle that is designed to be propelled by human power can be considered a bicycle. This does not include scooters, skates, wheeled toy or wheelchair. There are a number of standard requirements that need to be met before a bicycle can be considered legal for use on our road system.

Front forks

The angle of the front forks of a bicycle must be reasonably steep. To be legal, the distance from the front axle, back to the vertical line from the steering bearing, should not exceed 250mm.

Handle bars

The handlebars must extend out at least 200mm, but not more than 330mm, on each side of the bicycle's centre. In addition, the uppermost part of the handlebars can be no more than 300mm above the height of the seat.

Overall roadworthiness To remain legal, a bicycle must be properly maintained so that it does not present a danger to the rider or other road users. A bicycle can be judged to be not roadworthy if the: chain is too loose (more than 25mm of play); wheel nuts or wheel bearings are loose; tyres are in poor condition; wheel rims are buckled or spokes are missing; brake callipers are misaligned or brake shoes are excessively worn; steering assembly is loose; or seat is not securely fitted.

Commercially manufactured bicycles must meet mandatory national design standards. However, any modifications done after the original purchase need to be consistent with the relevant Australian Design Rules.

back to top

Required equipment

A bicycle must have the following:

• a bell (or other effective warning device) that functions correctly.

• an effective foot operated or hand operated rear wheel brake. A front brake is optional.

• a red reflector fitted to the rear.

When ridden during the hours of darkness or in hazardous weather conditions, a bicycle must also have:

• a front light showing an unbroken white beam that is clearly visible from 200 metres.

• a rear light showing an unbroken or flashing red beam that is clearly visible from 200 metres.

• a yellow side reflector (visible from both sides) on each wheel.

• yellow reflectors fitted to both side edges of each pedal.

Carrying or towing loads

Any load or attachment on a bicycle must not be likely to cause injury to the rider or any other person. The overall width of any load carried on or towed by a bicycle must not exceed 660mm.

Power-assisted bicycles

To be classified as a bicycle, a power-assisted pedal cycle must not have a motor that exceeds 200 watts in total output. Power-assistance greater than 200 watts (1/4 HP) requires the bicycle to be registered as a motor vehicle.
A rider of a power-assisted bicycle must be at least 16 years of age, if the power assistance is engaged.

back to top

The rider

Requirements

A bicycle rider does not have to be licensed in order to use Western Australian public roads. The Western Australian Police Service recommend that children under 9 years of age do not ride on a road unless closely supervised by a responsible adult.

Passengers

The number and design of seats on a bicycle governs the number, size and age of passengers it can legally carry. Children can be carried in an approved child bicycle seat, providing the rider is at least 16 years of age.

These seats must be:

• securely attached to the frame.

• attached in a position that is not forward of or on the handlebars.

• fitted with a footrest that prevents the child's feet from dangling.

• fitted with a restraining device that cannot be accidentally released.

A cyclist towing passengers in a bicycle trailer must be at least 16 years of age. The passengers must be under the age of 10. A bicycle trailer must be designed so that it can safely carry the passenger.

Helmets Bicycle riders travelling on Western Australian roads and paths that are accessible to the public, must wear an approved helmet. The helmet must be of a standard approved by the Director General of the Department for Planning and Infrastructure. At present, these only include helmets that comply with either Australian Standard 2063 or the Snell Memorial Foundation Standard. All approved helmets must be sold with a compliance sticker attached. Retention straps must be fastened at all times, so look for a helmet with a strap system that is easy to adjust. A child carried in a child carrier seat must wear an approved helmet. A passenger in a trailer being towed by a bicycle must also wear an approved helmet. Paying riders and passengers using a three or four-wheeled bicycle do not have to wear a helmet.

back to top

The road rules

The Road Traffic Act and Code

When using a public road, all bicycle riders must obey the same rules as other vehicles such as cars and trucks. The most common rules include those applying to traffic control lights, stop signs, careless and reckless riding, riding under the influence of alcohol, and keep left.

Note: Readers can access a full version of the Road Traffic Code 2000, the Road Traffic Act 1974 and the Vehicle Standards Regulations 2000 at their library or on the State Law Publisher website at http://www.slp.wa.gov.au/statutes/swans.nsf

Rules applying only to cyclists

In addition to the road rules applying to all vehicles, there are some specific examples that only apply to cyclists. A bicycle rider:

• must have at least one hand on the handlebars while in motion.

• must wear an approved helmet while in motion (unless exempted).

• must not ride within two metres of the rear of a motor vehicle, over a distance of more than 200 metres.

• must not hold onto another moving vehicle or be towed by it.

• must not ride a bicycle on a freeway or other road that has designated restrictions that prohibit riding.

• must not be more than two bicycles abreast on a road. When riding abreast, the two bicycles must be no more than 1.5 metres apart.
  Note: this rule does not prevent another cyclist from overtaking.

• must use the correct hand signals to turn left or right, and to stop.

  Turning left:	fully extend your left arm and hand.
  Turning right:	fully extend your right arm and hand.
  Stopping:	extend the right arm horizontally, bending upwards at the elbow. Hand should be open with the palm forward.

• can use the left lane of a roundabout when turning right, provided he or she gives way to all exiting traffic.

• must not ride in a pedestrian mall.

• cannot overtake on the left side of a motor vehicle if that motor vehicle is moving and indicating to turn left.
  Note: cyclists are permitted to overtake on the left, a line of motor vehicles that are stationary, at locations such as traffic lights.

back to top

Miscellaneous

Reporting a crash

If a bicycle rider is involved in a crash with another rider, a pedestrian, a motor vehicle or an animal, and either party is injured OR property damage exceeds $1000, the incident must be reported to the police. Incidents involving personal injury that have been reported to police will be automatically reported to the Insurance Commission of Western Australia.

Reporting dangerous or threatening behaviour

It is important that all members of the cycling community report behaviour from other road users that could be considered dangerous or overtly threatening in nature. It could help prevent further problems in the future for other riders. Any troubling incidents should be reported to your local police as soon as possible. If the incident involves a vehicle, it is useful to note the relevant make, model and registration details.

Reporting a stolen or vandalised bicycle

Any stolen or vandalised bicycle should be reported to the police as soon as possible.

Bicycles on trains People are permitted to travel with their bikes on trains at no additional cost during off-peak times, weekends and public holidays, subject to the following conditions: During weekday peak times, you can take your bike on trains going away from Perth City (7:00–9:00am) or towards the City (4:30–6:30pm). Bikes are not permitted on trains stopping at or passing through Perth Train Station at these times. Train passengers who travel with their bikes require a permit. Bike Permits are issued free from Perth, Joondalup, Armadale and Midland train stations as well as from customer service assistants and transit guards at stations or on board. Cyclists must walk their bikes on and off the train. No bicycles are permitted in the first passenger car of the train.

Note:
Although every effort has been made to ensure the information contained in this publication is correct, the publishers accept no responsibility for the contents nor do they assume any duty of care to any person who might act on reliance of its contents. The booklet is only a guide to the road rules in Western Australia and not meant to be used in place of the Road Traffic Act 1974, Road Traffic Code 2000 and Road Traffic (Bicycles) Regulations 2000 or subsidiary legislation.

This publication is available in alternative formats (e.g. audiotape, computer disk, large print or Braille) by contacting the Department for Planning and Infrastructure on 9216 8000.

The following brochures in this series are available at bicycle retailers.

• Choosing a bike and accessories

• Cycling for health, pleasure or to work

• Cycling on roads and shared paths

• Cycling at night

• Basic bicycle maintenance

• Cycling for all ages - an information guide

• Cycling and the law

• Bikes on trains

• Shopping by Bike

Department for Planning and Infrastructure
441 Murray Street
Perth Western Australia 6000
Tel: (08) 9216 8000 Fax: (08) 9216 8497
Email: cycling

back to top